Development Management Report

SummaryCommittee Meeting Date: 13 December 2016 Application ID: LA04/2016/1419/F Proposal:Provision of additional 307 space temporary car park with associated access roads, lighting and fencing

Location:Black's Road Park and Ride junction of Black's Road Kingsway Belfast BT10 0NF

Referral Route: Recommendation: Approval subject to conditionsApplicant Name and Address:Philip Robinson DFI Transport NIHydebank 4 Hospital RoadBelfastBT8 8JL

Agent Name and Address:

Executive Summary:

The site is located adjacent to the existing park and ride car park on Black’s Road. Belfast Metropolitan Area Plan 2015 defines the site as unzoned, white land with a road proposal running through it (BT 007 Strategic Road Scheme between Black’s Road and Sprucefield). The site is adjacent to two protected routes also (M1 Motorway and Kingsway).

The proposal makes use of the full site and proposes 307 additional spaces to the existing car park as well as LED street lighting at reduced heights. The land is unzoned within BMAP 2015 however as stated before there is a Strategic Road Scheme proposed within the site. Transport NI confirmed prior to application (20/05/16) that this is a longer term proposal and the land is protected for this scheme. The proposal seeks permission for a temporary period. Therefore the principle of development is acceptable.

All consultees responded with no objections.

An approval with conditions is recommended.

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Case Officer ReportSite Location Plan

Representations:Letters of Support None ReceivedLetters of Objection 1Number of Support Petitions and signatures

No Petitions Received

Number of Petitions of Objection and signatures

No Petitions Received

Characteristics of the Site and Area

1.0 Description of Proposed DevelopmentProvision of additional 307 space temporary car park with associated access roads, lighting and fencing

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2.0 Description of SiteThe site is located adjacent to the existing park and ride car park on Black’s Road. Belfast Metropolitan Area Plan 2015 defines the site as unzoned, white land with a road proposal running through it (BT 007 Strategic Road Scheme between Black’s Road and Sprucefield). The site is adjacent to two protected routes also (M1 Motorway and Kingsway). The site is accessed from Black’s Road which leads to the existing car park finished in tarmacadam in the middle of the site. The car park is surrounded by rough vegetation and trees which is fenced off with paladin metal fencing. The sites boundaries are defined by a mixture of trees, wooden fencing and post and wire fencing.

Planning Assessment of Policy and other Material Considerations

3.0 Site HistoryThere is relevant planning history on the site under the following applications:Z/2009/0607/F – Change from temporary to permanent Park and Ride site – Permission Granted – 24/06/09Z/2005/2390/F - The site is to be utilised as a temporary park and ride site for the duration of the forthcoming M1/Westlink improvement contract due to finish 2009 – Permission Granted – 25/01/06

4.0 Policy Framework4.1 Belfast Metropolitan Area Plan 2015 4.1.1 BT 007 Strategic Road Scheme between Black’s Road and Sprucefield4.2 Strategic Planning Policy Statement (SPPS)4.2.1 Transportation 6.293 – 6.2964.3 Planning Policy Statement (PPS) 3: Access, Movement and Parking4.3.1 Policy AMP 4: Protection for New Transport Schemes4.3.2 Policy AMP 9: Design of Car Parking4.3.3 Policy AMP 10: Provision of Public and Private Car Parks4.6 Planning Policy Statement (PPS) 15: Planning and Flood Risk4.6.1 Policy FLD 2: Protection of Flood Defence and Drainage Infrastructure

5.0 Statutory Consultees5.1Transport NI – No objection subject to conditions5.2 Northern Ireland Water Ltd - No objection5.3 NIEA Waste Management Unit - No objection subject to conditions5.4 NIEA Water Management Unit – No objection subject to conditions5.5 NIEA NED – awaiting response5.4 DARD Rivers Agency – No objection

6.0 Non Statutory Consultees6.1 BCC Environmental Health – No objection

7.0 RepresentationsThe application has been neighbour notified and advertised in the local press. One representation was received from Councillor Seanna Walsh.

8.0 Other Material Considerations8.1 None

9.0 Assessment9.1 The site is located within Belfast’s development limits as designated in Belfast Metropolitan Area Plan 2015. The site has an existing park and ride car park. The site is within white land with a road proposal running through it (BT 007 Strategic Road

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Scheme between Black’s Road and Sprucefield). The site is adjacent to two protected routes also (M1 Motorway and Kingsway).

9.2 The key issues are(a) Environmental Impact(b) Road safety(c) Flood Risk

9.3 The proposal makes use of the full site and proposes 307 additional spaces to the existing car park as well as LED street lighting at reduced heights. The land is unzoned within BMAP 2015 however as stated before there is a Strategic Road Scheme proposed within the site. Transport NI confirmed prior to application (20/05/16) that this is a longer term proposal and the land is protected for this scheme. The proposal seeks permission for a temporary period. Therefore the principle of development is acceptable.

9.4 An Environmental Impact Assessment was carried out and as a result an Environmental Statement was requested. The reason for this determination is the impact of the proposal when considered cumulatively with the adjoining park and ride facility, and its location alongside the M1 transportation corridor in close proximity to an Air Quality Management Area is likely to have a significant impact on the environment.

9.5 AMP 4, 9 and 10 of PPS3The proposal is intended to constitute a mitigation measure for the York Street Interchange Works which is currently scheduled for 2017-2010. The proposed extension is to the west of the site. There is a Strategic Road Scheme proposed within the site, as identified in BMAP 2015 however Transport NI confirmed prior to application (20/05/16) that this is a longer term proposal and the land is protected for this scheme. Since the proposed use is already established on the site the proposal will not adversely affect visual amenity. There appears to be no particular issues for concern for crime or personal safety. The preliminary plan submitted on 30/06/16 shows details of surfaces and landscaping which shall be conditioned should approval be granted. Figures estimated within the Environmental Statement show that the proposal will not have an adverse impact on the surrounding road network and will reduce congestion and traffic. DofI Transport NI is the authoritative body on road safety and transport issues. Transport NI stated no objections to the proposal subject to conditions on 01/11/16. Therefore the proposal complies with AMP 4, 9 and 10 of PPS 3.

9.6 FLD 2 of PPS15:Since there is an undesignated watercourse running through the site to be culverted FLD 2 of PPS 15 applies. DARD Rivers Agency responded on 04/10/16 with no objections however the Drainage Review submitted was lacking an up to date Schedule 6 Consent to discharge. They confirmed on 17/11/16 that all relevant drainage information was included and no further environmental information is required. The requirement for a Schedule 6 Consent to discharge is under the terms of the Drainage (NI) Order 1973 and therefore can be noted through an informative should the proposal be granted permission.

9.7 A representation was received from Cllr Walsh stating that although they fully support the proposal they felt that Belfast City Council should engage with the applicant further to negotiate more community value or a Section 76 agreement for public realms works to the public pathway known as Black’s Path. Specifically they requested a number of spaces be dedicated and reserved for Dunmurry Halt users in conjunction with an enhanced pedestrian walkway along with double yellow lines in the residential areas around Dunmurry Halt. Transport NI responded to this representation on

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11/11/16 stating that this would not provide an attractive option to rail users and they have in fact tried to address the parking issue in this area previously with local residents but it had been met with substantial objection.

An Article 76 agreement requires agreement between all parties involved which is not forthcoming in this case. Notwithstanding it is considered that the absence of an Article 76 Agreement or Community Benefits would not result in refusal of the application as the desired works are not directly linked to or required to facilitate the development.

9.8 NIEA NED responded to consultation on 13/10/16 stating that whilst they had considered the findings of the Environmental Statement they required the surveyors qualifications and experience. These were forwarded and at the time of writing this report this response was outstanding however Committee agrees the Director of Planning and Place is authorised to draft any necessary amendments and /or additional conditions.

9.9 The proposal is considered to be in compliance with the development plan.

9.10 Having regard to the policy context and other material considerations above, the proposal is considered acceptable and planning permission is recommended subject to conditions.

10.0 Summary of Recommendation: Approval with conditions

Neighbour Notification Checked: Yes

Summary of Recommendation: Approval subject to conditions

Conditions

1. The development hereby permitted shall be discontinued and the land restored to its former condition within 5 years of the date of commencement, or 6 months of the York Street Works being implemented, whichever is soonest. This shall be in accordance with a scheme of works submitted to and agreed by the Department.

Reason: This is a temporary permission.

2. The development hereby permitted shall not become operational until hard surfaced area have been constructed in accordance with the approved layout Drawing No. 02 ‘WK/07/13/1001, ‘Preliminary Layout Plan & Details’ and bearing Belfast City Council Planning Office date stamp 30 June 2016, to provide adequate facilities for parking, servicing and circulating within the site. No part of these hard surfaced areas shall be used for any purpose at any time than for the parking and movement of vehicles.

Reason: To ensure adequate provision has been made for parking, servicing and traffic circulation within the site.

3. If during the development works, new contamination and risks are encountered which has not previously been identified, works should cease and the Planning Authority shall be notified immediately. This new contamination shall be

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fully investigated in accordance with the Model Procedures for the Management of Land Contamination (CLR11). In the event of unacceptable risks being identified, a remediation strategy shall be agreed with the Planning Authority in writing and subsequently implemented to its satisfaction.

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

4. After completing any remediation works required under Condition 1, and prior to occupation of the development, a verification report needs to be submitted in writing and agreed with Planning Authority. This report should be completed by competent persons in accordance with the Model Procedures for the Management of Land Contamination (CLR11). The verification report should 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.

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

5. A Construction Method Statement (CMS) shall be submitted to the Planning Authority, for consultation and agreement with NIEA Water Management Unit, at least eight weeks prior to the commencement of construction. The CMS should include all necessary pollution prevention measures to protect the waterenvironment during the development of this proposal and is required to address all proposed culverting.

Reason: The development will impact a watercourse.

6. The existing planting, as indicated on Drawing No 02 date stamped 30 June 2016, shall be permanently retained and the proposed planting, as indicated on the same stamped drawing, shall be undertaken during the first available planting season after the commencement of the use of the development hereby approved.

Reason: In the interest of visual amenity

7. If any retained tree is removed, uprooted or destroyed or dies within 3 years from the date of the commencement permitted use, another tree or trees shall be planted at the same place and those trees shall be of such size and species and shall be planted at such time as may be specified by the Council.

Reason: To ensure the continuity of amenity afforded by existing trees.

8. If within a period of 5 years from the date of the planting of any tree, shrub or hedge, that tree, shrub or hedge is removed, uprooted or destroyed or dies, or becomes, in the opinion of the Council, seriously damaged or defective, another tree, shrub or hedge of the same species and size as that originally planted shall be planted at the same place, unless the Council gives its written consent to any variation.

Reason: To ensure the provision, establishment and maintenance of a high standard of landscape.

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ANNEX

Date Valid 5th July 2016

Date First Advertised 22nd July 2016

Date Last Advertised

Details of Neighbour Notification (all addresses)The Owner/Occupier, 10 The Hawthorns,Ballyfinaghy,Finaghy,Belfast,Antrim,BT10 0NA, The Owner/Occupier, 12 The Hawthorns,Ballyfinaghy,Finaghy,Belfast,Antrim,BT10 0NA, The Owner/Occupier, 14 The Hawthorns,Ballyfinaghy,Finaghy,Belfast,Antrim,BT10 0NA, The Owner/Occupier, 16 The Hawthorns,Ballyfinaghy,Finaghy,Belfast,Antrim,BT10 0NA, The Owner/Occupier, 20 The Hawthorns,Ballyfinaghy,Finaghy,Belfast,Antrim,BT10 0NA, The Owner/Occupier, 22 The Hawthorns,Ballyfinaghy,Finaghy,Belfast,Antrim,BT10 0NA, The Owner/Occupier, 8 The Hawthorns,Ballyfinaghy,Finaghy,Belfast,Antrim,BT10 0NA, The Owner/Occupier, Abbotsford,18 The Hawthorns,Ballyfinaghy,Finaghy,Belfast,Antrim,BT10 0NA, Seanna WalshCity Hall, Donegall Square North, Belfast, Antrim, Northern Ireland, BT1 5GS The Owner/Occupier, Finaghy Baptist Church,The Hawthorns,Dunmurry,Finaghy,Belfast,Antrim,BT10 0NA, The Owner/Occupier, Kingsway,Dunmurry,Antrim,,

Date of Last Neighbour Notification18th November 2016

Date of EIA Determination 25th July 2016

ES Requested Yes

Planning History

Ref ID: LA04/2016/0546/PADProposal: Extension of 248 space park and ride site by an additional 307 spaces.Address: Black's Road Park and Ride, Junction of Black's Road and Kingsway, Belfast, BT10 0NF,Decision: Decision Date:

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Ref ID: LA04/2016/1419/FProposal: Provision of additional 307 space temporary car park with associated access roads, lighting and fencingAddress: Black's Road Park and Ride, junction of Black's Road, Kingsway, Belfast, BT10 0NF,Decision: Decision Date:

Ref ID: S/2002/1230/CDProposal: Provision of a bus gate on Kingsway & associated new left turn lane from Kingsway to Blacks Road.Address: Junction of Blacks Road & Kingsway, LisburnDecision: Decision Date: 06.05.2003

Ref ID: Z/2009/0607/FProposal: Change from temporary to permanent Park and Ride site.Address: Blacks Road temporary Park and Ride at junction of Blacks Road and Kingsway, Belfast. BT10 0NE.Decision: PGDecision Date: 24.06.2009

Ref ID: Z/2005/2390/FProposal: The site is to be utilised as a temporary park and ride site for the duration of the forthcoming M1/Westlink improvement contract due to finish 2009.Address: Blacks Road temporary park and ride at the junction of Blacks Road and Kingsway, Belfast. BT10 0NEDecision: Decision Date: 25.01.2006

Ref ID: Z/1999/0686Proposal: Bus based park and ride facility comprising of bus turning and boarding facilitiesAddress: Land at Kingsway/Blacks Road Belfast BT10Decision: Decision Date: 14.02.2002

Notification to Department (if relevant) N/A

Date of Notification to Department: Response of Department: