Derry City and Strabane District Council Planning ...meetings.derrycityandstrabanedistrict.com/documents/s22570/Appe… · exit for hotel traffic would be managed from the King Street

Appendix 1

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 29th May 2018

APPLICATION No: LA11/2017/0862/F

APPLICATION TYPE: Full Application

PROPOSAL: Refurbishment, re-use, re-build and extension and change of use of listed

buildings, Ebrington Barracks, Derry to create a 152 bedroom hotel, with

associated leisure, function, meeting room, restaurant and bar facilities

together with ancillary areas with associated site works to facilitate access

and servicing etc.

LOCATION: Ebrington Barracks - Building 63, 67, 68, 69 & 79. Site approximate 150m

South of Browning Drive, Derry, BT47 6HN

APPLICANT: Ebrington Leisure Holdings Ltd, 32 Northland Road, Derry, BT48 7NA

AGENT: RPP Architetcs Ltd, 155-157 Donegall Pass, Belfast, BT7 1DT

ADVERTISEMENT: 11.10.2017, 09.05.2018

STATUTORY EXPIRY: 25.10.2017, 23.05.2018

RECOMMENDATION: APPROVE

REASON FOR PRESENTATION TO COMMITTEE: Major Development

All planning application forms, drawings, consultations, letters etc. relating to this planning application

are available to view on www.planningni.gov.uk

1. Description of Proposed Development

The proposed development is for the provision of a 152 bedroom hotel with leisure spa, function,

meeting room, restaurant and bar facilities with associated ancillary areas and site works to

facilitate access and servicing. The development will incorporate the refurbishment and re-use of

three listed buildings at Ebrington Barracks with a new three storey infill addition between

Building 63 and the Clock Tower Building 67 - 69 fronting onto Ebrington Square and a new four

storey extension to the rear of the Clocktower Building also. The spa, function rooms, bar and

restaurant facilities will predominantly be provided on the ground floor with accommodation

provided over at first, second and third floors above.

http://www.planningni.gov.uk/

Appendix 1

2. EIA Determination

The proposed development is within the scope of Schedule 2 - 10(b) of the Planning

(Environmental Impact Assessment) Regulations (NI) 2017 as the area of the development

exceeds 0.5 hectares. The Council carried out an environmental determination and issued a letter

on 18th October 2017 to advise that this planning application did not need to be accompanied by

an Environmental Statement.

3. Pre Application Notification and Community Consultation

The proposal is categorised as major development as prescribed in the Planning (Development

Management) Regulations (NI) 2015. Section 27 of The Planning Act (NI) 2011 Act places a

statutory duty on applicants for major development proposals to notify the Council and consult

the community at least 12 weeks in advance of submitting an application. A Proposal of

Application Notice LA11/2017/0359/PAN was submitted to the Council on 12th April 2017 which

included details of their public consultation event and associated newspaper advertisement,

leaflet drop and notification to local elected members. The Council were satisfied that sufficient

information was provided with regards to community consultation measures.

4. Site and Surrounding Area

The application site is located on the eastern side of Ebrington Square fronting onto the Parade

Ground and backing onto the Star Fort Wall, which is a scheduled monument. The site contains

3no. Grade B2 listed buildings; Building 67 - 69 known as the Clocktower Building is a three storey

white rendered Georgian building located centrally fronting onto the Parade Ground; Building 63

the former Officers Quarters and Captains House is a two storey white rendered Georgian building

with basement level is located at the north east corner of the square fronting onto the Parade

Ground; and Building 79 is a two storey red brick building located to the rear of Building 63. The

access road which runs to the rear of these buildings behind the Star Fort Wall sits at a higher level

above the site. The site will be accessed via the recently approved but yet to be constructed new

access off Limavady Road (LA11/2017/0541/RM). The application site also includes the internal

access road which circulates Buildings 63 - 81.

Appendix 1

Figure 1: Application Site (outlined red)

Figure 2: Aerial Photograph of Application Buildings

Figure 3: Photograph of Ebrington Square

Appendix 1

Figure 4: Photograph of Building 67-69 (Clocktower Building)

Figure 5: Photograph of Building 63 (Officers’ Quarters & Captains House)

Figure 6: Photograph of Building 79

Appendix 1

5. Site Constraints

Site contains 3no. Grade B2 Listed Buildings

Site adjacent to Star Fort Wall which is a Scheduled Monument

Potential Archaeology

Potential Protected Species (Bats)

Potential Land Contamination

Hydrologically connected to River Foyle and Tributaries SAC/ASSI

Hydrologically connected to Lough Foyle SPA /ASSI

6. Neighbour Notifications

Neighbour Address Date Neighbour Notified

2 Browning Drive, Londonderry, BT47 6HN 29/09/2017, 09/03/2018, 02/05/2018

49 Ebrington Square, Londonderry, BT47 6FA 29/09/2017, 09/03/2018, 02/05/2018


57-59 Ebrington Square, Londonderry, BT47 6FA 29/09/2017, 09/03/2018, 02/05/2018





80-81 Ebrington Square, Londonderry, BT47 6FA 29/09/2017, 09/03/2018, 02/05/2018


7. Relevant Site History

LA11/2016/0829/PAD Pre Application Discussion Advice issued 23.08.2017

LA11/2017/0359/PAN Pre Application Notification Acceptable 20.04.2017

Refurbishment, part demolition and rebuild, extension and change of use of clock tower building,

Ebrington Barracks, Derry for 152 bedroom hotel, with associated leisure function, meeting room,

restaurant and bar facilities (on ground to 3rd floor) together with all associated site works etc. to

facilitate parking, access and servicing.

LA11/2017/0856/LBC Associated Listed Building Consent (Pending)

Refurbishment, re-use, re-build and extension and change of use of listed buildings, Ebrington

Barracks, Derry to create a 152 bedroom hotel, with associated leisure, function, meeting room,

restaurant and bar facilities together with ancillary areas with associated site works to facilitate

access and servicing etc.

LA11/2018/0361/F Current Application (Pending)

Surface level temporary car park (approx. 256 car parking bays plus 6 coach parking bays)

Appendix 1

LA11/2017/0541/RM Permission Granted 21.12.2017

Former Ebrington Barracks Site: New vehicular/pedestrian access off Limavady Road via a new

signalised junction to provide new internal street with associated landscaping, services and

boundary treatment works.

A/2015/0001/O Permission Granted 15.02.2016

Former Ebrington Barracks Site: Site development zones, land uses and open space, access and

circulation, urban design and building heights and areas of attenuation/drainage. Land uses to

include a mixture of creative industries and culture, education/research, museum and heritage,

hotel and leisure, commercial office space, residential, cafes and restaurants/bars and associated

car parking and infrastructure.

8. Policy Framework

Derry Area Plan 2011 (DAP 2011)

Strategic Planning Policy Statement for Northern Ireland (SPPS)

Planning Policy Statement 2: Natural Heritage (PPS 2)

Planning Policy Statement 3: Access, Movement and Parking (PPS 3)

Planning Policy Statement 6: Planning, Archaeology and the Built Heritage (PPS 6)

Planning Policy Statement 16: Tourism (PPS 16)

9. Consultee Responses

HED Historic Buildings

Historic Environment Division: Historic Buildings (HED: HB) has reviewed the revised proposals

uploaded on 30th April and 2nd May 2018. They acknowledge that considerable modifications

have been undertaken to ameliorate the impact of the development on the setting of the listed

buildings, when considered against policy requirements of paragraphs 6.12 & 6.13 of the SPPS and

BH8, and BH11 of PPS6 of Planning Policy Statement 6: Planning, Archaeology and the Built

Heritage. Concerns however remain regarding the overall scale and massing of the development

proposals and traffic management proposals across the Ebrington Parade grounds.

HED: HB acknowledges the opportunity created by the proposed hotel development to secure a

viable sustainable future for the above named listed buildings. Balancing the protection of the

listed buildings and their setting, within the wider context of the Ebrington Barracks site, and the

requirements of the development proposals, has been subject to engaged discussions between

the council planning team, the client, the agent and HED.

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Throughout the planning process, HED has provided substantive advice by identifying the key

areas of concern and suggesting ways in which the impact of the development proposal could be

reduced. While concerns remain regarding the overall scale and massing of the development

proposals, HED: HB acknowledges that considerable modifications have been undertaken to

ameliorate the impact of the proposal on the listed buildings, and that that a specific number of

bedrooms is required by the applicant for viability.

HED: HB also notes that Dwg 24 Rev2 now includes a revised strategy for hotel traffic movement

across the Ebrington Barracks site. The previous revision, Dwg24 Rev1 indicated that entrance and

exit for hotel traffic would be managed from the King Street roundabout. The current proposals

note that the entrance and exit is from the Limavady Road, with traffic flow for servicing, coaches,

car drop offs, and taxis along the front of the proposed hotel building, across the main parade

grounds. HED: HB notes concerns that an uncontrolled flow of traffic will compromise the essential

character of the predominately pedestrian parade ground and the wider setting of the listed

buildings, which face onto the square. While occasional traffic access may be acceptable, the

application does not provide sufficient information to clarify:

1. what restrictions will be put in place,

2. how the restrictions be managed,

3. what are the anticipated numbers for vehicular access across the parade ground,

4. required changes to the existing hard landscaping,

5. requirements for lighting or directional signage.

HED: HB therefore requires further information to assess the impact of the proposed traffic flow

across the site. (HED: HB is also cognisant that an associated temporary car park application

(LA11/2018/0361/F) has been lodged to accompany the Ebrington Hotel proposal. HED: HB has

advised this is acceptable in principle subject to conditions.

Should the council however proceed to make a determination on the application, in the absence

of further additional information, HED: HB requires conditions to be applied to any approval

notice: See conditions section later in the report.

HED Historic Monuments

Historic Monuments (HED: HM) has considered the impacts of the amended proposal on the

setting and physical remains of the scheduled Star Fort Wall (LDY 14: 72). They note the comment

that no construction works will take place within the scheduled area.

As such HED: HM is content that the proposal presented on the amended drawing (2384- PL-0-

101) satisfies PPS 6 policy requirements, subject to conditions for the agreement and

Appendix 1

implementation of a developer-funded programme of archaeological works. This is to identify and

record any archaeological remains in advance of new construction, or to provide for their

preservation in situ as per Policy BH 4 of PPS 6 applies.

HED: HM also requires the approval to be conditional of temporary fencing to be erected around

the scheduled area during site works to ensure the protection of the Scheduled monument during

site works. HED: HM requests that the applicant or their agent contact this office to arrange for

the erection of this fence, the position of which is to be agreed in advance with HED: HM, and

which must be monitored. See conditions section later in the report.

DfI Roads

DFI Roads advise the access, parking and servicing arrangements indicated on Drawing 24 Rev 2

are now acceptable and have recommended conditions restricting access to the new Limavady

Road access (as approved) and requiring the submission of additional detail in relation to access,

servicing, circulation, parking and a travel plan prior to operation of the development.

Environmental Health

Environmental Health recommend conditions requiring the remediation and

verification/validation of groundwater hydrocarbon and that any new contamination

encountered during development works is fully investigated

Environmental Health recommend a condition that an odour control system is installed prior to

operation of the development and they also advise the developer/operator to give consideration

to implementing the mitigation options offered in the submitted Noise Assessment report to

reduce noise.

DAERA Natural Environment Division (NED)

The application site is hydrologically connected to River Foyle & Tributaries Special Area of

Conservation (SAC)/Area of Special Scientific Interest (ASSI) and Lough Foyle Special Protection

Area (SPA)/ASSI (hereafter referred to as the designated sites) which are of international and

national importance and are protected by the Habitats Regulations and The Environment

(Northern Ireland) Order 2002.

NED has considered the impacts of the proposal on the designated sites and advises that due

regard is given by the competent authority, Derry and Strabane District Council, in undertaking

the Habitats Regulations Assessment on River Foyle & Tributaries SAC/ASSI and Lough Foyle

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SPA/ASSI to overcome any NIEA concerns with the proposal. These should ensure compliance with

the requirements of the Habitats Directive and The Environment (Northern Ireland) Order 2002.

NED has considered the impacts of the proposal on protected and priority species and, on the

basis of the information provided, has no concerns.

NED acknowledges receipt of the Bat Survey Report, received by the Council on the 15th May

2018. Presently, the proposed site contains a number of buildings, referred to as buildings 63, 67-

69, and 79. The current proposal will involve some degree of development works, from

refurbishment to demolition, on these buildings. Upon completion of a Bat Roost Potential (BRP)

survey, which was carried out in March 2018, a number of buildings were found to have the

potential to host roosting bats. Following this, these buildings have been subject to a dusk

emergence survey and a dawn re-entry survey. NED notes that the dusk emergence survey was

carried out slightly outside the Bat Conservation Trust’s recommended timing for bat surveys.

However, based on the low bat activity recorded on site over two separate surveys, the previous

survey work carried out on site in 2014, and the number of surveyors present during the surveys,

NED considers that the timing of the dusk emergency survey would not have significantly

constrained the results. Therefore, NED is content that bats will not be significantly impacted by

the proposed development.

DAERA Marine and Fisheries Division

Content with the proposal subject to advice with regards to protected species.

DAERA Water Management Unit (WMU)

WMU considered the impacts of the proposal on the surface water environment and is content

subject to conditions and advice contained in standing advice and subject to any relevant statutory

permissions being obtained.

DAERA Regulation Unit Land and Groundwater Team

Regulation Unit Land and Groundwater Team have no objections to the development subject to

conditions and informatives concerning the management of land contamination.

Shared Environmental Services (SES)

The proposal will not have an adverse effect on site integrity of any European site provided

mitigation is conditioned in any planning approval i.e. requiring submission of a risk assessment,

ground water monitoring plan, remediation strategy and piling risk assessment prior to

commencement of development and that the development shall not be occupied until

remediation measures are carried out and a verification report submitted. Conditions have also

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been recommended with regards to the investigation of any new contamination encountered

during development works and the treatment of storm water during construction.

Loughs Agency

The Loughs Agency have recommended a condition with regards to discharge of storm water.

Tourism NI

Provided strategic and contextual tourism information relevant to the development.

NI Water

No objections subject to informatives.

10. Representations Consideration

No letters of objection or support were formally submitted during the processing of the planning

application.

In November 2017, details of the proposed development were available to view on the Derry

City and Strabane District Councils website under the Improve Project. Council received 27

comments in total. 19 comments were positive in that people responded saying they were

happy with the design/appearance of the proposed development. Comments included:

Showed a good re-use of old buildings with modern design

The design was respectful to the old buildings but with modern new build

Excellent design with good contrast between old and new

Great location for a hotel

Catalyst for new development.

8 negative responses were received in that people responded saying they were not happy with

the design/appearance of the proposed development. Comments included:

The design is nothing special and is out of character in Ebrington

It should look like the old buildings

Detracts from other buildings

No hotel is needed

Not attractive.

It should be noted that these comments would have been made on the original proposed design

which has been amended and reduced during the processing of the application.

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11. Planning Assessment and Other Material Considerations

Section 6 (4) of The Planning Act (Northern Ireland) 2011 requires the Council to make planning

decisions in accordance with the local development plan, unless material considerations indicate

otherwise. The site is located within the Central Area of the City as designated in Map 3 of the

Derry Area Plan 2011, where a range of uses would be considered acceptable. The site is located

within the historic Ebrington site which has been granted outline approval for redevelopment

where a mix of uses including; education, commercial, residential, office and hotel and leisure

have been deemed appropriate. The application site itself contains three Grade B2 listed buildings

of special architectural and historic interest and is adjacent to the Star Fort Wall which is a

scheduled monument of regional importance. The site is also hydrologically connected to the River

Foyle and Tributaries SAC/ASSI and Lough Foyle SPA /ASSI. The proposal has therefore been

assessed against the policy framework listed in paragraph 8 and all other material considerations

including relevant planning history and consultation responses.

PROPOSED HOTEL USE

Policy TSM 1 of PPS 16 allows for tourism development proposals (including tourist

accommodation) within a settlement where they are of a nature appropriate to the settlement,

respect the context of the site and have regard to the provisions of the development plan.

Although Ebrington has not been designated for any specific use within the Area Plan, the overall

master plan for the site as approved under A/2015/0001/O generally accepts the principle of a

diverse mix of uses for this site and this application should therefore be considered on its

individual merits. The masterplan as approved under the 2015 application zoned the existing red

brick building to the east of the clock tower (previously used as the Officers Mess) as hotel and

leisure development. The Clock Tower building was indicated as Museum & Heritage with the

other 2 buildings associated with this application zoned as creative industries. The site where part

of the new build was indicated as being cafes, restaurants, bars and retail. Whilst the proposed

development is not in complete conformity with the outline masterplan with regard to uses of the

building, it is considered that the development is compatible with the surrounding land uses and

will assist in providing a diverse range of uses for the overall re-development of the Ebrington site.

As well as hotel accommodation, the leisure spa facilities, function facilities, meeting rooms,

restaurant and bar facilities will also add an associated commercial aspect to the development.

These facilities will support the main hotel use and will add an additional degree of sustainability

to the development. The re-development of the key listed buildings fronting onto Ebrington

Square as a successful hotel is likely to act as an anchor for the Ebrington site encouraging and

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attracting further development and employment to the site as a whole. The development will

bring much welcomed footfall to the Ebrington site and will assist in promoting the vitality of this

area of shared space. The central location of the development in close proximity to and accessible

from the city centre will link it with other tourist attractions and uses within the city centre. The

proposed hotel use in this central location is therefore considered acceptable in compliance with

Policy TSM 1 of PPS 16 and paragraphs 6.265 - 6.266 of the SPPS.

The collective re-use of these vacant listed buildings as a hotel development will also secure their

upkeep and survival making a positive contribution to the character and architectural interest of the

buildings, the townscape of the area and the overall redevelopment of the Ebrington site in

compliance with The Derry Area Plan Policy BE1, Policies BH 7 and BH 8 of PPS 6 and paragraph

6.13 of the SPPS.

Figure 7: Ground Floor Plan

EXTENSIONS / REFURBISHMENT WORKS

The refurbishment of the existing buildings will retain as much of the internal and external fabric

of the listed buildings as possible including the retention of original staircases and retention of

chimney breasts in the Captains House and Building 67 - 69, at the request of HED Historic

Buildings. The refurbishment of the buildings will also use both traditional and sympathetic

materials found on the existing buildings in accordance with Policies BH 8 of PPS 6, TSM 7 of PPS

16 and paragraph 6.13 of the SPPS. The Derry Area Plan 2011 Policy BE 1 states that development

proposals are required to make a positive contribution to townscape and be sensitive to the

character of the area surrounding the site in terms of design, scale and use of materials. It is

Appendix 1

considered that the proposed development respects the opportunities and constraints of this site

especially in regard to the listed buildings which are being incorporated and renovated as part of

the overall development. The new development whilst modern in appearance with modern

materials will be a suitable contrast to the historic buildings but does not negatively compete or

jar with other built form on the site.

Two new contemporary additions are proposed to link and extend the existing listed buildings and

facilitate their re-use. Two new contemporary additions are proposed to link and extend the

existing listed buildings and facilitate their re-use. The design and materials of the new extensions

are contemporary but will minimise the impact on the listed buildings by providing a clear visual

distinction between the new build and that of the historic buildings. The curtain wall glazing, white

render and light coloured zinc metal cladding to the front elevation onto the parade ground

provides a simple fenestration with a vertical emphasis to complement the existing buildings.

Figure 8: Proposed additions (shaded grey)

A new three storey modern infill is proposed between the Clocktower Building and the Captains

House with an external terrace off the restaurant adjacent to the Square. This will be

predominantly glazed at ground level with white rendered columns to maintain reference to the

single storey building on the other side of the Clocktower Building and to balance the symmetry

of the elevation onto the parade ground. The front building line of the infill will align with that of

the adjacent listed buildings and the upper two storeys will be set back to ensure the prominence

of the listed buildings. The upper storeys will be finished in a light zinc metal cladding. The infill

will be linked to the Clocktower building by a two storey glazed link which will form an entrance

foyer and it will be linked to the adjacent Captains House by a single storey glazed link with an

Appendix 1

upper bar terrace above. The front fenestration will have a vertical emphasis to compliment the

architectural proportions and rhythms of the adjacent listed buildings.

Figure 9: Proposed 3 storey infill between Captains House and Clocktower Building

A large new four storey extension with a mansard style roof is proposed to the rear of the

Clocktower Building. The ground floor will be finished in granite stone cladding panels, but this

aspect of the development will be set in behind the Start Fort Wall and mostly screened from

view. The first and second floors will be finished in brick and white render to tie in with the

adjacent listed buildings and the third storey mansard roof will be finished in zinc metal cladding.

The extension will abut the Clocktower Building with a three storey flat roofed link. This will sit

just below the eaves of the listed building retaining the historic roof line and it will be finished in

a white render to tie in with the new extension and the listed Clocktower building.

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Figure 10: Proposed 4 storey extension to rear of Clocktower Building

Historic Buildings acknowledge the opportunity the hotel development will create to secure a

viable sustainable future for the listed buildings. Balancing the protection of the listed buildings

and their setting within the wider context of the Ebrington site, and the requirements of the

development proposals has been subject to engaged discussions between the Council, the

applicant/agent and HED. Over the course of the planning application, HED provided substantive

advice by identifying key areas of concern and suggesting ways in which the impact of the

development could be reduced. Historic Buildings advise that while concerns still remain regarding

the overall scale and massing of the development, they acknowledge that considerable

modifications have been undertaken to ameliorate the impact of the proposal on the listed

buildings.

Appendix 1

Entrance and exit for the proposed hotel is from the Limavady Road, with traffic flow for servicing,

coaches, car drop offs, and taxis along the front of the proposed hotel building, across the main

parade grounds. HED: HB notes concerns that an uncontrolled flow of traffic will compromise the

essential character of the predominately pedestrian parade ground and the wider setting of the

listed buildings, which face onto the square. While occasional traffic access may be acceptable,

further information is required to assess the impact of the proposed traffic flow across the site.

This will be done with condition.

It is considered that the proposed additions and extensions will not adversely affect the essential

character or setting of the adjacent and surrounding listed buildings in accordance with Policies

BH 8 and BH 11 of PPS 6, Policy TSM 7 of PPS 16 and paragraph 6.13 of the SPPS.

Figure 11: Proposed elevation onto Parade Ground

WORKS WITHIN SCHEDULED MONUMENT AREA

The application site abuts the Star Fort Wall which is a scheduled monument of regional

importance and is scheduled for protection. Over the course of the planning application, the

extent and design of the extension to the rear of the Clocktower Building has been amended in

consultation with HED Historic Monuments to remove the development from the scheduled area

and provide a 1.5 metre separation distance between the wall face of the extension and the

scheduled area. Any finishing works abutting the scheduled area or temporary access to the

scheduled area during construction works will require Scheduled Monument Consent (SMC).

Appendix 1

Historic Monuments (HED: HM) has considered the impacts of the amended proposal on the

setting and physical remains of the scheduled Star Fort Wall (LDY 14: 72). They note the comment

that no construction works will take place within the scheduled area. HM is content that the

proposal presented on the amended drawing (2384- PL-0-101) satisfies PPS 6 policy requirements,

subject to conditions for the agreement and implementation of a developer-funded programme

of archaeological works. This is to identify and record any archaeological remains in advance of

new construction, or to provide for their preservation in situ as per Policy BH 4 of PPS 6 applies.

HED: HM also requires the approval to be conditional of temporary fencing to be erected around

the scheduled area during site works to ensure the protection of the Scheduled monument during

site works.

It is considered that the development proposals would not adversely affect the physical remains

or setting of the Star Fort Wall Scheduled Monument in accordance with Policy BH 1 of PPS 6 and

paragraphs 6.8 - 6.11 of the SPPS.

Figure 12: Extent of Star Fort Wall Scheduled Monument (outlined in red)

ACCESS, MOVEMENT AND PARKING

Access to the site shall be via the recently approved access off Limavady Road

LA11/2017/0541/RM which is programmed by the Executive Office for completion by the middle

of 2019. All vehicular traffic associated with the development when operational shall be via this

access. DFI Roads are content with these access arrangements and a condition shall be attached

to any planning approval restricting access and servicing via the new Limavady Road access only.

There are no provisions for car or coach parking for the hotel development under the current

planning application, however The Executive Office has recently submitted a planning application

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LA11/2018/0361/F to the Council for a temporary surface level car park to the east of the site

which will provide 265 car parking spaces and 6 coach parking spaces. The applicant has indicated

that that the parking allocation within the new temporary car park application includes 150 car

parking spaces for the hotel development. A condition shall be attached to any planning approval

requiring details of parking provision for the development to be submitted to and agreed in writing

with the Council prior to operation of the hotel.

The access and servicing plan included below indicates that customer traffic associated with the

hotel development i.e. cars, taxis, coaches etc. will predominantly operate via the newly proposed

temporary car park to the east of the site and the hotel will predominantly be serviced via the

service/delivery area and yard which will be located between the Captains House Building and

Building 79. This plan indicates that there will be restricted vehicular access to the front of the

hotel for coach set down, car and taxi set down for disabled users, and restricted access for

delivery and service vehicles. The service plan also indicates that all vehicular traffic attracted to

the hotel building shall circulate the site in a one way system along the front of the building and

parade ground, between the Cunningham Building and Building 71, and back along the access

road to the rear of the Star Fort Wall and Building 80/81 before exiting the site via the new

Limavady Road access. DFI Roads are content with these arrangements but have pointed out that

it will be the applicant’s responsibility to ensure any necessary engineering works are carried out

or obstructions removed prior to operation of the hotel to facilitate vehicular progress along this

route. Council would however have concerns if any heavy engineering works are required or

structures are to be removed to facilitate vehicular circulation around the development, given the

sensitivity of the site and potential for impacts upon the listed buildings and structures and the

Start Fort Wall scheduled monument. Council would therefore suggest that a condition is

attached to any planning approval requiring submission of detailed drawings prior to operation of

the hotel to demonstrate that all vehicles which will circulate the site via the parade ground as

indicated on the access and servicing plan can do so without the removal of any structures which

would be deemed worthy of retention in order to protect the setting of the surrounding listed

buildings in accordance with Policy BH 11 of PPS 6 and paragraph 6.13 of the SPPS.

Appendix 1

Figure 13: Proposed Access, Parking, Servicing and Circulation Arrangements

Giving consideration to the above and the conditions suggested with regards to access, parking

and internal traffic circulation arrangements, it is considered that the development will not

prejudice road safety or traffic flow and is capable of providing adequate parking and servicing

arrangements in accordance with Policies AMP 2 and AMP 7 of PPS 3 and Policy TSM 7 of PPS 16.

COMMERCIAL / RESIDENTIAL AMENITY

A Noise Assessment was submitted at the request Environmental Health to assess any potential

noise from plant and machinery associated with the development, entertainment noise associated

with the function room and bars, and noise from deliveries to and from the hotel upon nearby

commercial and residential properties. The submitted noise report determined predicted noise

levels from the development would be below existing daytime and night-time background noise

levels and concluded that there will be a low impact on the residential properties on Browning

Drive and as a result no direct mitigation is necessary. Environmental Health have however

suggested the developer/operator gives consideration to implementing the mitigation options

offered in the submitted Noise Assessment report to reduce noise. Environmental Health have

also recommended that condition is attached to any planning approval requiring the installation

of a proprietary odour control system to reduce odours generated from the development and any

loss of amenity at nearby residential and commercial properties. Any external lighting associated

with the development can be optically controlled to minimise light pollution from glare and light

spill upon nearby residential and commercial properties. No third party objections have been

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received to date. It is not considered that noise, odours or other sources of potential nuisance

associated with the construction and operation of the development would cause a nuisance or

significantly harm the amenities of nearby residential properties in accordance with Policy TSM 7

of PPS 16 and paragraph 2.3 of the SPPS.

LAND CONTAMINATION

A contaminated land report was submitted at the request of Environmental Health. The

Preliminary Risk Assessment (PRA) and Generic Quantitative Risk Assessment (GQRA) included

analysis of soil and groundwater samples and an assessment of monitored ground gas. The report

concludes that there will be no significant risk to human health from dissolved contaminant

concentrations in the groundwater, however there are potential risks from organic vapours

generated from hydrocarbon odours and kerosene free products identified at the site. This will

necessitate mitigation and remediation of the affected area to a standard suitable for a

commercial end use. Environmental Health are content with the suggested remediation and have

recommended a condition is attached to any planning approval requiring implementation of the

remediation and associated validation works to protect the health of the sites end users.

Likewise, DAERA Land and Groundwater Team and Shared Environmental Services are also

content subject to conditions requiring submission of a risk assessment, ground water

management plan and remediation strategy prior to commencement of works to identify and

address all unacceptable risks to health and the water environment and submission of a

verification report to present all remediation and monitoring works undertaken. Giving

consideration to the above and the advice from Environmental Health, DAERA Land and

Groundwater Team and Shared Environmental Services who are the competent authorities on

such matters, the Planning Department are content that the site will not present unacceptable

risks to the health of the end users of the development or other environmentally sensitive

receptors and any residual risks or new unforeseen sources of contamination uncovered during

the construction of the development can be dealt with through further investigation in accordance

with Policy ENV 8 of DAP 2011 and paragraph 6.321 of the SPPS.

NATURAL HERITAGE

The proposals involve the redevelopment of a number of vacant buildings and DAERA Natural

Environment Division (NED) had raised concerns that bats may be impacted as there are records

Appendix 1

of bats in the area. The buildings were subject to bat surveys in 2014 under planning application

A/2015/0001/O, however due to the period of time which has lapsed since, NED considered the

results of the 2014 surveys to be out of date and requested up to date surveys are carried out.

Bat Roost Potential (BRP) surveys were then carried out which assessed Building 63 as having low

BRP and Building 67-69 as having moderate BRP. NED subsequently requested bat

presence/absence surveys to be carried out on Building 63 and Building 67-69 to fully assess the

potential impact of the development upon bats. These surveys were carried out between 27th

April and 8th May 2018 and found no bats emerging from either building with low activity on the

site overall. NED notes that the dusk emergence survey was carried out slightly outside the Bat

Conservation Trust’s recommended timing for bat surveys. However, based on the low bat activity

recorded on site over two separate surveys, the previous survey work carried out on site in 2014,

and the number of surveyors present during the surveys, NED considers that the timing of the

dusk emergency survey would not have significantly constrained the results. Therefore, NED is

content that bats will not be significantly impacted by the proposed development.

It is therefore considered that the development will not have a significant impact upon bats.

The application site is hydrologically connected to River Foyle and Tributaries SAC/ASSI and Lough

Foyle SPA /ASSI. DAERA NED have considered the presence of contaminated land and the

potential for contaminated material to be released during construction works or piling activities

which could result in degradation of the water environment. They accept Section 4 of the

submitted contaminated land report which details there are no pathways evident between

contamination sources and the River Foyle, that samples taken next to the River Foyle did not

contain contamination, and that there are that there are no risks to environmental receptors. NED

also consider that there is limited risk of contaminated run off from construction works and

materials given the distance between the application site and the nearest watercourse. Shared

Environmental Services have also considered the development and concluded the proposal will

not have an adverse effect on the integrity of any European site provided mitigation is conditioned

in any planning approval i.e. requiring submission of a risk assessment, ground water monitoring

plan, remediation strategy and piling risk assessment prior to commencement of development

and that the development shall not be occupied until remediation measures are carried out and a

verification report submitted. Conditions have also been recommended with regards to the

investigation of any new contamination encountered during development works and the

treatment of storm water during construction.

Appendix 1

Giving consideration to the above and the comments of the relevant consultees, it is considered

that the development is not likely to have a significant impact upon any of the designated sites,

protected species, sites of nature conservation or natural heritage interests in accordance with

Policy ENV 8 of DAP 2011, Policy TSM 7 of PPS 16, Policies NH 1 - NH 5 of PPS 2 and paragraphs

6.175 - 6.193 of the SPPS.

12. Conclusion and Recommendation

It is considered that the proposal complies with above mentioned policies of DAP 2011, PPS 2, PPS

3, PPS 6, PPS 16 and the SPPS. Having considered all material considerations including the

development plan, relevant planning policies, planning history and consultation responses,

approval is recommended subject to the conditions set out below.

13. Conditions

1. The development hereby permitted shall be begun before the expiration of 5 years from the

date of this permission.

Reason: As required by Section 61 of the Planning Act (Northern Ireland) 2011.

2. The development hereby approved shall not become operational until details of parking

provision for the development have been submitted to and agreed in writing with the Council

and until that parking becomes fully operational. Parking provision shall include a minimum

of 152 car parking spaces, 3 coach parking spaces and 10 cycle spaces which shall be marked

on the ground and retained for the development hereby approved.

Reason: To ensure adequate provision has been made for parking and circulation associated

with the development.

3. All vehicular access and servicing to the development hereby approved shall be via Ebrington’s

access at Limavady Road only as indicated on the approved Drawing No. 24 Rev 2 date

stamped 1 May 2018.

Reason: To ensure there is a satisfactory means of access in the interests of road safety and

the convenience of road users.

Appendix 1

4. Prior to operation of the development hereby approved, a traffic management plan including

suitably detailed and annotated drawings shall be submitted to Council to demonstrate that

all vehicles required to circulate the site via the parade ground as indicated on the approved

Drawing No. 24 Rev 2 date stamped 1 May 2018 can satisfactorily use this route to access and

exit their destination safely and without the removal of any structures deemed worthy of

retention by Council. Any other works required to facilitate vehicle circulation via this route

shall be completed prior to operation of the development. The traffic management plan shall

restrict vehicular access along the front of the hotel building and across the main parade

ground and shall clarify: what restrictions will be put in place, how the restrictions will be

managed, requirement for lighting or directional signage.

Reason: To ensure adequate provision has been made for circulation within the site and to

ensure any necessary works will not adversely impact upon listed structures or the scheduled

monument.

5. Prior to operation of the development hereby approved, a Service Management Plan for the

development shall be submitted to and agreed in writing with the Council. The Service

Management Plan shall include proposals for the implementation and a timescale for

monitoring of the Plan following occupation of the development.

Reason: To ensure there is a satisfactory means of service access and circulation in the

interests of road safety and the convenience of road users.

6. Prior to operation of the development hereby approved, a Travel Plan for the development

shall be submitted to and agreed in writing with Council. The Travel Plan shall include

proposals for the implementation and a timescale for monitoring of the Plan following

occupation of the development.

Reason: To demonstrate and support the use of alternative modes of transport to the private

car.

7. The development hereby permitted shall not commence until a report clearly identifying all

unacceptable risks to human health receptors due to onsite contamination of the ground and

groundwater has been submitted to and agreed in writing with Council in consultation with

DAERA Regulation Unit Land and Groundwater Team and Shared Environmental Services.

Reason: Protection of environmental receptors to ensure the site is suitable for use.

Appendix 1

8. The development hereby permitted shall not commence until a groundwater monitoring plan

has been submitted to and agreed in writing with Council in consultation with DAERA

Regulation Unit Land and Groundwater Team and Shared Environmental Services. This

groundwater monitoring plan must clearly identify the boreholes to be monitored, analytical

suites to be analysed for and the monitoring frequency pre, during and post development.


9. The development hereby permitted shall not commence until a detailed remediation strategy

to address all unacceptable risks to human health receptors identified from Condition 7 has

been submitted to and agreed in writing with Council in consultation with DAERA Regulation

Unit Land and Groundwater Team and Shared Environmental Services. This strategy must

identify all unacceptable risks on the site, the remedial objectives/criteria and measures

proposed to mitigate them (including maps/plans showing the remediation design,

implementation plan detailing timetable of works, remedial criteria, monitoring programme

etc.)


10. The development hereby permitted shall not be occupied until the remediation measures as

described in the remediation strategy submitted under Condition 9 have been implemented

to the satisfaction of Council in consultation with DAERA Regulation Unit Land and

Groundwater Team and Shared Environmental Services. DAERA must be given 2 weeks written

notification prior to the commencement of remediation work.


11. If during the development works, any new contamination or risks are encountered including

changes to groundwater quality monitored through Condition 8 which have not previously

been identified, works should cease and Council and DAERA shall be notified immediately.

This new contamination shall be fully investigated in accordance with the Model Procedures

for the Management of Land Contamination (CLR11). In the event of unacceptable risks being

identified, a risk assessment and remediation strategy shall be submitted to and agreed in

writing with Council in consultation with DAERA Regulation Unit Land and Groundwater Team

and Shared Environmental Services, and subsequently implemented and verified to its

satisfaction.

Appendix 1

Reason: Protection of human health and environmental receptors to ensure the site is suitable

for use.

12. After completing the remediation works under Conditions 9, 10 and 11; and prior to

occupation of the development, a verification report shall be submitted to and agreed in

writing with Council in consultation with DAERA Regulation Unit Land and Groundwater Team

and Shared Environmental Services. This report should be completed by competent persons

in accordance with the Model Procedures for the Management of Land Contamination

(CLR11). The verification report shall present all the remediation and monitoring works

undertaken and demonstrate the effectiveness of the works in managing all the risks and

achieving the remedial objectives.


13. Evidence must be presented in the Verification Report submitted under condition 12 that all

fuel storage tanks (and associated infra-structure) have been fully decommissioned and

removed in line with current Guidance for Pollution prevention (GPP 2) and the Pollution

Prevention Guidance (PPG27) and the quality of surrounding soils and groundwater has been

verified. Should contamination be identified during this process, Condition 5 will apply.


14. No development or piling work shall commence on this site until a piling risk assessment has

been submitted to and agreed in writing with Council in consultation with DAERA Regulation

Unit Land and Groundwater Team and Shared Environmental Services. Piling risk assessments

should be undertaken in accordance with the methodology contained within the Environment

Agency document on “Piling and Penetrative Ground Improvement Methods on Land Affected

by Contamination: Guidance on Pollution Prevention” available at

http://publications.environment-agency.gov.uk/PDF/SCHO0501BITT-E-E.pdf


15. Prior to operation of the development hereby approved the remediation and

verification/validation for the treatment of groundwater Hydrocarbon NAPL in the vicinity of

BH532 and BH555 shall be undertaken as described in Section 5.1 and 5.11 of the submitted

report “Ebrington Land Contamination GQRA, Limavady Road, Derry/Londonderry, A100782.”

http://publications.environment-agency.gov.uk/PDF/SCHO0501BITT-E-E.pdf

Appendix 1

Reason: For the protection of human health.

16. Prior to operation of the development, a proprietary odour control system shall be installed

and that system shall be effectively maintained. Details of the chosen system including plans

and sectional drawings showing all ducting, abatement unit and terminal extract point shall

be submitted to and agreed in writing with Council’s Planning Department in consultation with

its Environmental Health Department.

The main elements of the grease and odour control system fitted must include:-

A kitchen canopy incorporating primary grease filters;

Duct work to final termination incorporating secondary/odour control techniques such

as carbon activated filtration; electrostatic precipitation; or ozonation; or a combination

of these; and

A discharge at a suitable height and velocity to ultimately disperse and dilute residual

odours. It is not recommended that a cowl fitting be erected to the termination point of

the flue as this will impede dispersion.

Reason: To protect amenity of nearby residential properties.

17. During construction of the development, all storm water shall not be discharged to the mains

drainage system unless first passed through appropriate silt and hydrocarbon interceptors.

Reason: To protect the site selection features and conservation objectives of European Sites.

18. All storm water from the development site shall not be discharged to nearby watercourses

unless first passed through pollution interception and flow attenuation measures.

Reason: To prevent pollution of surface waters which is detrimental to fisheries.

19. No site works of any nature or development shall take place until a programme of

archaeological work has been implemented, in accordance with a written scheme and

programme prepared by a qualified archaeologist, submitted by the applicant and approved

by Council. The programme shall provide for the identification and evaluation of

archaeological remains within the site, for mitigation of the impacts of development, through

excavation recording or by preservation of remains and for the preparation of an

archaeological report.

Appendix 1

Reason: To ensure that archaeological remains within the application site are properly

identified and protected or appropriately recorded.

20. No site works of any nature or development shall take place until a fence has been erected

around the area specified, on a line to be agreed with the Historic Environment Division:

Historic Monuments. No works of any nature or development shall be carried out within the

fenced area. No erection of huts or other structures, no storage of building materials, no

dumping of spoil or topsoil or rubbish, no bonfires, nor any use, turning or parking of plant or

machinery shall take place within the fenced area. The fence shall not be removed until the

site works and development have been completed.

Reason: To prevent damage or disturbance of archaeological remains within the application

site.

21. Access shall be afforded to the site at all reasonable times to any archaeologist nominated by

the Department for Communities – Historic Environment Division to observe the operations

and to monitor the implementation of archaeological requirements.

Reason: To monitor programmed works in order to ensure that identification, evaluation and

appropriate recording of any archaeological remains, or any other specific work required by

condition, or agreement is satisfactorily completed.

22. A Structural Condition report with prioritised recommendations for all three listed buildings,

Building 63, Building 67, 68 & 69 and Building 79 shall be submitted to Council for

agreement in writing with HED, prior to commencement of works onsite.

Reason: To protect the essential character and setting of the listed buildings.

23. Existing single glazed Georgian multi-planed, putty fronted, hardwood sliding sash windows

shall be retained to all three listed buildings- Building 63, Building 67, 68 & 69 and Building

79, except for those windows identified as removed in accordance with Drawings 20 Rev2,

and 18 Rev3.


24. New window openings W148, W149, W248 & W249 to Building 67, 68, & 69 shall be single

glazed Georgian multi-paned, putty fronted, hardwood sliding sash windows, to match those

found in the listed building.

Appendix 1


25. Roof finish to buildings 63, 79 and 63, 68 & 69 shall be natural welsh slate. Should existing

slates require replacement, samples shall be agreed in writing with HED, prior to

commencement of works on site.


26. External lime render specification to buildings 63, 67, 68, & 69, shall be agreed in writing

with HED, prior to commencement of works on site.


27. Detailed drawings of any alterations to existing internal staircase balustrading shall be

submitted to Council for agreement in writing with HED, prior to commencement of works

on site.


28. Detailed drawings and specifications for the proposed ramps and railings to the front of

buildings 67, 68 & 69 shall be submitted to Council for agreement in writing with HED, prior

to commencement of works onsite. Archaeology & Built Heritage.


29. Details of the glazed curtain walling system and details of abutments to the gable walls of

building 63 and 67, shall be submitted to Council for agreement in writing with HED, prior to



30. Detailed drawings of M&E extract arrangements shall be provided to Council for agreement

in writing with HED, prior to commencement of works onsite. Extracts or flues to the front of

Ebrington Parade ground shall not be permitted.


31. Service deliveries to the site shall not be permitted between the hours of 8am to 8pm.


Appendix 1

32. A site layout drawing showing hard and soft landscaping proposals within the scope of the

application site, shall be submitted to Council for agreement in writing with HED, prior to



33. Subject to the above conditions, the development shall be carried out in accordance with the

stamped approved drawings.

Reason: To ensure a satisfactory form of development.

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