Appendix 2

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 6th January 2021

APPLICATION No: LA11/2019/0866/F

APPLICATION TYPE: Full Planning application

PROPOSAL: Proposed mixed use development to include 119No. social housing units

(15No. 1 bed apartments, 9No. 2 bed apartments, 50No. 2 bed dwellings,

37No. 3 bed dwellings and 8No. 4 bed dwellings), extension and

refurbishment of the existing clubhouse to provide new multi-use community

building, new access to Bligh's Lane and alteration to existing access,

improvement works to existing car park and associated communal landscape

areas and off-site works to include improved traffic calming measures at the

Fanad Drive / Central Junction and speed control measures along Fanad Drive

LOCATION: Lands at and to the West of Sean Dolan GAC Grounds Blighs Lane, Derry BT48

9PJ

APPLICANT: Radius Housing/Sean Dolan GAC

AGENT: Turley Associates

ADVERTISEMENT: 30.10.2019 Re-advertisement: 2.12.2020

STATUTORY EXPIRY: 13.11.2019 Expiry: 16.12.2020

RECOMMENDATION: Approval

REASON FOR PRESENTATION TO COMMITTEE: Major development

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

to view on www.planningni.gov.uk

1. Description of Proposed Development

Proposed mixed use development to include 119No. social housing units (15No. 1 bed apartments,

9No. 2 bed apartments, 50No. 2 bed dwellings, 37No. 3 bed dwellings and 8No. 4 bed dwellings),

extension and refurbishment of the existing clubhouse to provide new multi-use community building,

new access to Bligh's Lane and alteration to existing access, improvement works to existing car park

Appendix 2

and associated communal landscape areas and off-site works to include improved traffic calming

measures at the Fanad Drive / Central Junction and speed control measures along Fanad Drive.

During the processing of the application the following reports were submitted; Pre-Application

Community Consultation Report; Design and Access Statement Housing; Design and Access Statement

Sports Development; Planning Statement and Open Space Justification; Generic Quantitative Risk

Assessment; NI Biodiversity Checklist; Ground Investigation Report; Transport Assessment Form;

Transport Assessment; Drainage Assessment x 3 and Schedule 6 Consent; Landscape Management

Plan; updated GQRA and Remedial Strategy; Transport Assessment Addendum; Letter in support of

culverting watercourse.

2. EIA Determination

An EIA determination was carried out as the site is greater than 0.5ha and falls within Schedule 2 (10)

b of The EIA Regulations 2017. It was determined that no Environmental Statement was required as

there would be no significant environmental impacts.

3. Habitats Regulation Assessment

This planning application was considered in light of the assessment requirements of Regulation 43

(1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended) by

Shared Environmental Services. Having considered the nature, scale, timing, duration and location

of the project, SES concluded that it is eliminated from further assessment because it could not have

any conceivable effect on the selection features, conservation objectives or status of any European

site.

Appendix 2

4. Site and Surrounding Area

Site Location Plan

Spatial NI Aerial Photograph of Site

Appendix 2

The site is located to the south of east of the junction of Bligh’s Lane and Glassagh Road. The site

comprises of both the existing Sean Dolans GAC which includes a clubhouse pavilion, car park and

playing pitch and also the adjoining lands which are currently undeveloped. The site is zoned as

Existing Recreation and Open Space in the Derry Area Plan 2011. The undeveloped lands are heavily

vegetated and overgrown and topography slopes from the west to the eastern boundary. There is no

vehicular access to the undeveloped lands and this part of the site is enclosed to the north, west and

south by 1.8m high metal palisade fencing and to the east by post and wire mesh fencing. The buildings

and playing fields associated with Sean Dolan GAC are to the east of the site with residential dwellings

of the Creggan beyond. The lands north are agricultural fields and covered reservoir. To the west is

agricultural fields and Glassagh Road and the development limits of the city are located further west

of the application site. To the south of the site is an urban parkland, pathways and community

allotments. The urban parkland to the south of the site was part of a Master Plan approved at outline

stage to develop housing at Ballymagowan. Reserved matters permission was then granted for 180

general social housing dwellings with associated urban park, pathways, shelter bets, community

allotments, landscaping and associated site works under application reference A/2010/0524/RM

Permission was granted in March 2011.

Approved outline Master Plan for housing and Ballymagowan and urban park which has been

developed

Appendix 2

Existing Sean Dolans Building which will be extended

Existing Land at Sean Dolans site which will accommodate new proposed car park

Appendix 2

Lands at a higher level above Sean Dolans GAC which will accommodate Residential Development

Application site to accommodate Residential Development

Appendix 2

Southern boundary where it adjoins existing urban park which connects to housing at

Ballymagowan

Existing Urban Park at Ballymagowan

Appendix 2

5. Site Constraints

There are no constraints identified on the application site, however the site is zoned as Existing

Recreation and Open Space in the Derry Area Plan 2011, see detailed assessment of policy later in

this report.

6. Neighbour Notification Report

All relevant neighbours have been notified on the application. 6. Relevant Site History

7. Reference Location Proposal Application Status

Decision

Date

A/1995/0054

PIGGERY RIDGE BLIGH'S

LANE BALLYMAGOWAN

LONDONDERRY

Erection of changing rooms

and club room

PERMISSION

GRANTED

A/1998/0093

DOLAN PARK PIGGERY RIDGE

LONDONDERRY

Change of use from changing rooms and club

room to registered club and changing

rooms

PERMISSION

GRANTED

A/1999/0176

Lands adjacent to Sean Dolans

GAC, Piggery Ridge, Creggan, Londonderry

Erection of 3 no temporary

prefabricated classroom units

APPLICATION WITHDRAWN 30/09/2004

A/2000/0169/F

Sean Dolans GAC, Blighs

Lane, Creggan, Londonderry

Erection of 15no. houses and 2no. bungalows

PERMISSION GRANTED 18/10/2000

A/2001/1108/Q

Piggery Ridge, Creggan,

Londonderry

Site for housing, school and

associated facilities

PRE APPLICATION ENQUIRY

- NON COMMITTAL

A/2002/1095/O

Lands at Piggery Ridge, Blighs Lane, Creggan

Estate, Londonderry Recycling Centre

APPLICATION

WITHDRAWN 14/05/2003

A/2002/1168/F

Dolan Park Piggery Ridge,

Creggan Estate, Londonderry New Gaelic Football Pitch

PERMISSION GRANTED 10/10/2003

A/2006/1150/O

Lands to the rear of No's 2-92

Circular Road & 168-176 Creggan Heights,

south of Sean Dolan's GAC, east of Glassagh

Road and west of St. Peter's Secondary

School, Creggan, Derry.

Site for general needs social

housing development with vehicular

access from cul-de- sac of No's 86-100 (evens)

Circular Road. Provision of associated

urban country park providing park land,

pathways, shelter belts, community allotments and

landscaping. (Revised Concept Plan)

PERMISSION GRANTED 03/03/2010

A/2008/0289/F

Dolan Park, Piggery Ridge, Creggan

Londonderry

Proposed flood lighting to pitch including

erection of boundary fence and spectator fence

and additional car parking

APPLICATION

WITHDRAWN 20/01/2009

Appendix 2

A/2010/0524/RM

Lands to the rear of no.s 2-92

Circular Road & 168-176 Creggan Heights,

south of Sean Dolan's GAC, East of

Glassagh Road and West of St. Peter's Secondary

School, Creggan, Derry

Site for 180 general needs

social housing development with vehicular

access from cul-de- sac of no. 86-100 (evens)

circular Road. Provision of associated

urban park providing park land, pathwats, shelter

belts, community allotments, landscaping &

associated site works.

PERMISSION

GRANTED 07/03/2011

A/2011/0428/F

Lands to the rear of 2-92 Circular Road and

168-176 Creggan Heights, South of Sean

Dolan's GAC and west of St. Peter's Secondary

School, Creggan, Derry.,

Variation of condition 6 of planning permission

A/2006/1150/O to- the dwellings hereby

approved shall not be occupied until the open

space/ playing fields/ children's play area/

allotments and urban park are constructed in

accordance with the stamped approved plans or

as otherwise agreed in writing with the

Department.

PERMISSION

GRANTED 01/11/2011

A/2012/0283/F

Dolan Park, Piggery Ridge,

Creggan, Derry.,

Construction of a new grass

playing pitch with floodlights, car parking and

fencing.

PERMISSION

GRANTED 17/12/2013

A/2014/0426/F Sean Dolans GAC, Blighs Lane, Creggan, Derry,

Erection of 2.4 high palisade fencing to secure

the Sean Dolans GAC land holdings

PERMISSION GRANTED 28/10/2014

A/2014/0608/F

Sean Dolans GAC, Piggery

ridge, Bligh Lane, Derry,

Single storey changing pavillion go include 4 no

changing rooms, referee changing, dis changing

area, committee room and associated toilets and

plant room (replacement of previous pavillion)

PERMISSION GRANTED 16/03/2015

LA11/2018/0249/ PAD

Sean Dolan GAC, Blighs Lane,

Derry, BT48 9PJ,

Major social housing

development comprising of 144 no. units, access onto

Blighs Lane and a associated public amenity

space and landscaping PAD CONCLUDED

LA11/2019/0020/ PAD

Sean Dolan GAC, Blighs Lane,

Derry, BT48 9PJ,

Major social housing development including

communal amenity space and new access onto

Bligh's Lane. Development of covered play

complex, extension of existing clubhouse and

alterations and extension of existing car park PAD CONCLUDED

Appendix 2

8. Policy Framework

RDS 2035 Policy;

RG8: Manage housing growth to achieve sustainable patterns of residential development.

Derry Area Plan 2011 - The site is located on zoned existing recreation and open space in the Area

Plan.

Strategic Planning Policy Statement for NI – The SPPS is a statement of the Department’s policy on

important planning matters that should be addressed across NI. The provisions of the SPPS apply to

the whole of NI and are material to all decisions on applications. Sustainable development is at the

heart of the SPPS, which includes key principles for development and also strategic policies on housing,

natural heritage etc.

PPS 3 Development Control: Roads Considerations – sets out the planning policies for vehicular and

pedestrian access, transport assessment, and the protection of transport routes and parking.

PPS 7 Quality Residential Environments - The Council seeks to achieve residential developments that

promote quality and sustainability in their design and layout, are in harmony with their townscape or

landscape setting and which will ultimately make a positive contribution to the character and

appearance of the country’s settlements. Policy QD 1 of this PPS lists the criteria to be met by housing

schemes and requires the submission of a Design Concept Statement demonstrating how the scheme

will meet these criteria.

Planning Policy Statement 8: Open Space, Sport and Outdoor Recreation - Sets out the policies for

the protection of open space, the provision of new areas of open space in association with residential

development.

Creating Places/Living Places – this is guidance to aid designers in creating quality residential

developments.

PPS 12 Housing in Settlements – The policy guidance in this statement applies to all residential

development proposals within cities, towns, villages and small settlements in Northern Ireland,

including the push for ‘sustainable development’ in the choice of housing land.

PPS 15 Planning and Flood Risk – sets out the Planning policies to minimise and manage flood risk.

Appendix 2

9. Consultee Responses

Northern Ireland Housing Executive – advise the development proposal is located in an area of

housing need within the Westbank Housing Needs Assessment. The NIHE have provided support for

119 no units in total for the following mix:

15 no 2 person 1 bedroom apartments (including 2 no active elderly)

9 no 3 person 2 bedroom apartments (including 2 no active elderly and 2 no generic

wheelchair)

50 no 3 person 2 bedroom houses (including 4 generic wheelchair units)

37 no 5 person 3 bedroom houses (including 4 generic wheelchair units)

8 no 6 person 4 bed houses.

Shared Environmental Services - advise that having considered the nature, scale, timing, duration

and location of the project, the appropriate assessment has concluded that the proposal would not

be likely to have a significant effect on the features of any European Site.

DFI Rivers – The site is not affected by the 1 in 100 year fluvial floodplain. An undesignated

watercourse has been identified on the site and the agents are proposing to culvert and divert this

watercourse. In order to comply with FLD 2 a maintenance strip is required to the proposed culvert.

This has been shown on a drawing and will be protected from impediments i.e. tree planting etc. DFI

Rivers have advised this should be imposed as a condition on any planning approval. Officers are

content this can be conditioned, see conditions section later in this report. With regards to impacts

from surface water flooding, and in accordance with FLD 3; a drainage assessment was submitted in

support of the application. DFI Rivers is content with the assessment submitted subject to a condition

requiring a final drainage assessment containing a detailed drainage network design compliant with

PPS 15; or, confirmation from NIW that they will adopt a drainage network that will attenuate the 1

in 100 year storm event. In considering FLD 4 there will be modification to a watercourse within the

application site as stated earlier, an undesignated watercourse will be culverted and diverted within

the site. This is permitted in exceptional circumstances and is a matter for the planning authority. See

detailed consideration of PPS 15 later in this report.

Environmental Health

Contamination: EHD has considered an updated GQRA and detailed remedial strategy dated

December 2019. The report and the PQRA May 2019 shows that of soils analysed contaminants fell

well below human health screening levels across the majority of the site with the exception of

Appendix 2

exceedances of two soil contaminants in the one location. Additional sampling was therefore

undertaken and a detailed remedial strategy which recommended contaminated source material

removal and disposal and also proposals for validation testing. EHD therefore has no objection subject

to conditions requiring remediation measures to be carried out and a precautionary condition in the

event that unexpected contamination is found on the site that works would stop and this would be

investigated. See conditions section later in this report.

Construction Site Noise and Dust: EHD has advised that noise and dust emissions can be generated

from a development of this size and recommend that a condition is placed on the application requiring

a site specific Construction Environmental Management Plan to consider noise, vibration, dust and air

quality impacts which is to be submitted prior to commencement of development. See conditions

section later in this report.

EHD have also conditioned that a wheel wash facility at the site entrance is installed at the site; that

construction traffic make use of the wheel wash facility; site roads that give rise to dust to be watered

as appropriate; construction activity to have restricted working times; and, mechanical plant is to be

fitted with silencers. See conditions section later in this report.

Loughs Agency – has no objection to the proposal subject to a condition relating to storm water

discharge in that the development site shall not be discharged to nearby watercourses unless first

passed through pollution interception and flow attenuation measures. Through discussions with NI

Water however NI Water have advised that providing a pollution interceptor will not enable them to

adopt the drainage for the site. Officers facilitated a meeting with both NI Water and Loughs Agency

to discuss the condition proposed by Loughs Agency. Whilst officers appreciate the reasoning for the

condition, it is understood that NI Water will not be able to adopt the storm drainage for the site if it

in imposed. Officers therefore consider that in the wider interests of the site being adopted by NI

Water the condition by Loughs Agency will not be placed on any decision relating to this specific

application.

Regulation Unit (land, soil and Air) – has considered the updated GQRA and remediation strategy and

based on the information provided have no objections subject to conditions. The proposed conditions

are the same as those proposed by Environmental Health. See conditions section later in this report.

Appendix 2

Water Management Unit – has considered the impacts of the proposal on the surface water

environment and on the basis of the information provided is content with the proposal subject to

conditions.

Natural Environment Division – has considered the impacts of the proposal on designated sites and

other natural heritage interests and on the basis of the information provided has no concerns subject

to conditions. See assessment of PPS 2 later in this report.

Historic Environment Division (Historic Monuments) – is content the proposal satisfies PPS6 policy

requirements. HED has reviewed the submitted archaeological programme of works and agree with

the results and recommendations presented within the document and agree with the archaeological

mitigation strategy proposed and are content for this to proceed to archaeological licensing with a

minor amendment. See detailed assessment under PPS 6 later in this report.

NI Water – has confirmed public water supply is available within 20m and has capacity to serve this

proposal. A Foul sewer is within 20m to serve this proposal – NIW advise that although the proposal

is subject to a network capacity check a foul discharge solution has already been agreed in principle

with NI Water Developer Services. The receiving foul sewerage network has reached capacity and NI

Water and the applicant have agreed an engineering solution to mitigate the foul capacity issue and

allow for connection for this development proposal. On this basis therefore NI water have provided

two conditions to enable this application to be progressed; a condition requiring that no development

shall be commenced until the developer has entered into an Agreement with NI Water under Article

161 of the Water and Sewerage Services Order 2006; and, a condition that no dwellings shall be

occupied until a foul sewerage network engineering solution to mitigate the downstream foul capacity

issue is provided by the developer to the satisfaction of NI Water and the development shall not be

occupied until the developer has complied with all of the requirements set out in the agreement

entered into. See detailed conditions set out in the conditions section later in this report.

With regards to surface water the applicant proposes to discharge surface water to an undesignated

watercourse via Schedule 6 application to DFI Rivers. There is available capacity within the receiving

Waste Water Treatment Works.

DFI Roads– has no objection to the application subject to conditions. See detailed assessment of PPS

3 later in this report.

Councils Parks and Recreation Team – have confirmed that they will take on responsibility for the

future management and maintenance of the open space areas associated with the housing

development and the equipped play park within the development. A Landscape Management

Appendix 2

Agreement will therefore be entered into between the developer and Council for the future

management and maintenance of the open space; and officers consider a condition is necessary to

ensure that this is delivered. See conditions section later in this report. It should be noted however

that there is a new diverted culvert running through a portion of the open space that Council has

confirmed they will not be responsible for the maintenance and management of the culvert. The

applicant Radius Housing Association confirmed they will retain this obligation and undertake any

maintenance required and a necessary legal agreement will be put in place. Officers consider this

could be included within the Legal Agreement for the transfer of ownership and responsibility of the

green space to Council.

10. Representations

One objection has been received on the application from Brickkiln Skip Hire 23-25 Heather Road. The

issues raised in the objection are set out below:

- Increased volume of traffic imposed on existing infrastructure is unsuitable given number of

additional vehicles that will use the road; potential 100 plus entering and leaving the site

several times of the day

- Lorries presently use the road numerous times a day as well as other businesses, and local

farming community for silage collection, slurry spreading etc.

- Vehicles from Donegal use the road to avoid city traffic for accessing schools, shopping

- Residents from Creggan use the road as a short cut to avoid travelling over numerous traffic

ramps in the area

- Excess speed of traffic on the road has led to accidents

- Overgrown hedgerows and the continuous wall along Holly Hall, Spring Well Road and Bligh’s

Lane mean traffic remains in the centre of the road

- Holly Wall, Spring Well and Bligh’s Lane are totally unsuited for any increased volume of traffic

- Anti-social behaviour

- Business location on Holly Road is only several hundred metres from the proposed

development

- Tender of Expression documents only appeared on the ETenders NI website and the planning

application only submitted.

Appendix 2

Consideration of objections

- The objection relates mainly to DFI Roads matters and DFI have reviewed the main roads

concerns being the intensification of the existing road network around Bligh’s Lane including

Creggan Heights, Springhill Road and Hollyhall Road. As part of the Transport Assessment, the

agent’s road consultant and DFI Roads have considered alternative routes to this development

and consider that access through Creggan via Creggan Heights and Fanad Drive is most likely

route to and from this development to access the city centre, schools and other essential

service and amenities. The Transport Assessment was not agreed however it was sufficiently

progressed to enable DFI Roads to conclude their assessment of the application. Officers and

DFI Roads then progressed to seek the mitigations that could be delivered. Mitigation works

could not be provided on Creggan Heights as the issue of on-street parking, carriageway width

etc. are not aspects which could be realistically improved as part of this development.

Mitigation measures being proposed are to Blighs Lane and to the Fanad Drive/Central

Junction. These mitigation measures include traffic calming measures which have been

included in this proposal and have also went through separate public consultation and

advertisement as part of the Roads Order. Officers and DFI Roads are content that the

proposal has been adequately assessed in terms of intensification on the existing public road

network. DFI Roads has no objection, see detailed assessment of PPS 3 later in this report.

- The objection has raised concerns regarding anti-social behaviour. The agents in the

supporting information provided advise the site has been subject to anti-social behaviour in

the past, but consider the development is likely to reduce anti-social behaviour on the site.

The layout has been designed so that there will be no unsupervised areas, housing and

apartments will front onto the streets and open spaces.

- Reference made to E tender documentation is not a material planning consideration.

11. Summary of Supporting information from agent

A Planning Statement and Open Space Justification Report was submitted in October 2019

accompanying the application which the agent advises is an assessment of the significant community

benefits that the proposed development will have for Sean Dolan GAC and the wider community that

outweigh the loss of the existing zoned recreation and amenity space. The agent states that the report

evidences the level of support from the local community that the project benefits from and

demonstrates that redevelopment of the site will bring substantial community benefits that decisively

outweigh the loss of the under used open space. This report is summarised as follows:

Appendix 2

Joint Venture

- Joint venture between Radius Housing and Sean Dolan GAC. Capital generated through the

sale of the land for residential development will be directly reinvested into upgrading the

existing facilities at Sean Dolan GAC.

- The proposed development will be constructed under single contract which will be managed

and supervised by Radius Housing, ensuring delivery of the social housing units and

community facilities at the same time.

- Proposed Masterplan represents Radius’ commitment to housing led regeneration - and they

worked with partners to bring forward a development project from initial concept to a viable

regeneration opportunity which will align with the strategic objectives of numerous

stakeholder groups.

Meeting a Social Housing Need

- There is NIHE supported need for the social housing proposed. Redevelopment of the site for

social housing will provide a substantial community benefit by providing homes for people

deemed to be in housing stress in this area of Derry

- The site is located in the Creggan Area, which is an area of high housing need, The NIHE

Investment Plan identified in March 2018 that the number of applicants and allocations in

Creggan were; Applicants – 377 (Total); Applicants in Housing Stress 299; Allocations – 28.

- The site is registered with the NIHE and dwellings proposed will contribute towards meeting

the social housing need for the area in year programme 2019-2020

- The housing mix proposed reflects the indicative housing mix requirement identified by NIHE

Community Benefits

- The agent considers this is a high quality residential development and community facility that

will be of significant benefit to the wider community.

- Considers the proposal aligns with and delivers on all of the key actions of the District’s

Inclusive Strategic Growth Plan 2017 – 2032 – Our Community Plan by delivering quality social

housing and building the capacity of local sporting recreational clubs to provide opportunities

for children and young people to take part in play, music, arts, drama, physical activity and

sport.

- The proposal will see re-investment of the proceeds of the disposal of the subject lands into

enhanced sporting and community facilities for the benefit of Creggan area, wider city and

county.

Appendix 2

- Radius will project manage the delivery of the sporting element of Sean Dolan’s project on

behalf of the local GAA club, given that it is a voluntary organisation who have limited capacity

in terms of the delivery of a £2 million capital project. This is a further representation of

Radius’ commitment to maximising the wider community benefit of the project.

Sean Dolan GAC Community Benefit

- Sean Dolan GAC recognise the potential for their resurging club to act as a pillar of the local

community in terms of facilitating activities and events which have a positive impact on an

area which is characterised by high levels of social deprivation, health inequalities and political

unrest;

- The proposed enhanced facilities at Sean Dolan GAC will facilitate a range of activities and

events aimed at catering for the ever growing club membership. The development of Sean

Dolan site will further progress and complement the regeneration of the area and increase

participation in an active lifestyle for the whole community.

- The supporting information is accompanied with Letters of support which state the proposed

development will be of significant benefit to the existing schools, community organisations

and wider community in the Creggan area.

- The supporting information states it has been highlighted that Sean Dolans is a crucial

component of the community infrastructure and that the social impact of the club reaches far

beyond the clubhouse or the grass pitch; and

- Sean Dolans has ambitious targets to grow membership numbers in tandem with their vision

for the enhanced club facilities – current membership of 120 adults and children who field

teams for training and competitive matches at nursery (u6’s), U 10’s, U12’s, U16’s, Minor

(U18) and senior (18+) and a girls’ team of 50 members and non-members attending training

sessions.

- Sea Dolans GAC also facilitate voluntary coaching sessions in a number of local schools, and

the supporting information submitted also includes letters of support confirming this, within

the Creggan area as a way of promoting the club, Gaelic games, general health and well-being

activity. Approx. 300 children have been engaged through its coaching which has increased

membership and buy-in to the ethos of the club and its growing presence in the community.

- Whilst the clubs primary focus is Gaelic games, it also facilities activities and events which

promote both personal and community development.

- Training courses in GAA coaching; child protection training, cultural activities aimed at

promoting the Irish language, culture and dance are also facilitated through the club and

Appendix 2

bespoke programmes aimed at addressing social issues in the form of drug and alcohol

addiction and sectarianism are also facilitated.

Current club facilities and the proposed enhanced facilities

- Confined to one GAA pitch which hosts all outdoor training and competitive games

- The pitch does not have floodlighting which significantly restricts training in the evenings and

during winter months. As a consequence, the club hires the Bishops field sports hall to

accommodate training sessions of under-age members.

- The clubs changing pavilion includes 4 changing rooms, w/c facilities and a small

kitchen/meeting room.

- The proposed facilities will facilitate a range of activities and events aimed at catering for an

ever growing membership

- The facilities will act as a catalyst for further growth within the club as it will highlight the

growing importance of Gaelic games in the Creggan Area. This aligns with the strategic plans

by the GAA to develop Gaelic games in Ireland’s largest cities

- GAA clubs have a dual role in acting not only as sporting hubs, but also as centres for “Healthy

Community Partnerships” where community, voluntary and statutory bodies come together

to deliver support programmes focused on mental and physical well-being.

- Sean Dolan’s wish to create a similar model of working within their local community, with the

support of the wider GAA family (Derry County Board and Ulster GAA) who coordinate an

extensive portfolio of programmes which Sean Dolans will have access to and these include;

Heads up – working with various bodies on mental health matters;

Drink, drugs and sausage rolls – a health and wellness programme for young people;

Live to play – road safety programme for young people

Health hamper – healthy eating programme focused on children;

Take 5 – an adult health and well-being programme;

Blood sub – blood transfusion initiative.

- The supporting statement advises Sean Dolans recognises the potential to act as a pillar of the

local community in terms of facilitating activities and events which have a positive impact on

an area which is characterised by high levels of social deprivation, health inequalities and

political unrest.

- It is considered that Sean Dolans Club can become a vehicle for a range of community

development activity which creates huge social benefit.

Appendix 2

- The club will engage with potential end users who may in the past have had no affiliation or

interest in GAA i.e. senior citizens, mothers. In order to do so the club must have facilities

which are fit for purpose and marge enough to cater for the target audience that they have

access to.

- The agent states a key action of DCSDC Community Plan is to “build the capacity of our local

sporting and recreational clubs to become more sustainable and encourage higher levels of

participation and proficiency in sport and recreational activities.” The supporting information

states that the redevelopment and improvement of the Sean Dolan GAC facilities will help

achieve this objective.

Wider Community Benefits

- In 2017 NISRA deprivation statistics identified areas of concentration of multiple deprivation

across NI.

- This site is split between Creggan Central and Creggan South wards; the majority of the site is

in Creggan south and is ranked as 33rd most deprived small area in NI. A portion of the site to

the north is within Creggan Central which is ranked as the 10th most deprived small area in NI.

- The proposed development including the upgrading of the existing facilities at Sean Dolan GAC

will make the site more attractive to the wider community due to the improved offer the club

will be in a position to make.

- Sean Dolan GAC has an established background in coordinating and running community

programmes, in addition to Gaelic sports, that encourage health and social benefits and help

to address multiple deprivation in the area.

- The upgrade of the facilities will provide the club with the opportunity to increase the scope

of these programmes within a facility that can cater for multi-use community activities

throughout the year.

- Whilst it is not a council owned facility it will still deliver towards another key action of the

community plan which is to “design and deliver a programme on improved community centres

and facilities”

- Within the supporting information the agent provides an example of a case study by Sean

Dolans to illustrate the positive contribution the club has made in the Creggan area; Y.A.X

Project which commenced in June 2017. In summary this was a city wide Sean Dolan GAC led

project that was grant funded by the Big Lottery Fund. This programme integrated young

people in a community based programme to develop skills for them to become active

participants in their city or country they would find themselves in future.

Appendix 2

- Activities promoted through the project included Gaelic games, music, Irish language, dance

and culture and drama. One drama programme included a mix of ages socialise together and

learn in a shared project that culminated in a performance of a community play. This was

youth led and driven using older people’s skills and knowledge. The relationships established

had a positive impact on day to day community life.

- Participants in the programme gained knowledge on a wide range of skills; were given a forum

to discuss social and health issues; obtained a sense of belonging; and, understood the

importance of healthy living through participating in a recreational programme.

- The programme benefitted the wider community which was evident in the evaluation process;

with improvements in the area during the time the programme was delivered. It made more

young people more conscious of the opportunities that exist when directed towards positive

engagement programmes.

- This is an example of a project in which sport and recreational based community programmes

provided health and social benefits to individual children but also a day to day benefit for the

wider community. There was a noticeable reduction in anti-social behaviour during the period

the programme operated.

- Redevelopment of the club will enable similar programmes in the future to be run in a safe

and secure environment.

- The following is a list of community groups that will benefit from use of the new facilities; as

stated in the supporting information; Senior Citizens; Irish dancing schools; Irish language

sector; radius and Apex Housing associations who will hire space as required; Club members

or family functions/events; Health and Wellbeing Initiatives; Detached youth work providers

– off the streets; and, Community events – fundraisers, bingo, walking clubs, awards nights.

Community Support

- Key stakeholders who have been involved with Radius and Sean Dolans GAC to develop this

project include NIHE, Derry and Ulster GAA and wider community organisations.

- A number of community groups/organisations have been consulted as part of the process

and provided their support to the proposed development, and letters of support have been

provided from each of the following in the supporting information submitted. This includes;

St Johns Primary school – consider the development will aid the delivery of sporting

curriculum throughout the school.

Appendix 2

Creggan Enterprises centre – anticipate they will use the facilities to run their youth

programmes;

Triax Neighbourhood Partnership Board – states Sean Dolans are deeply imbedded in

community development structures and practices in the community

St Mary’s youth club – acknowledges the wider community benefit and enhancement to well-

being of residents in Creggan that the development will bring.

Rosemount Primary School – school has close links with Sean Dolans GAC. Coaches from the

club come to the school on a weekly basis to coach Gaelic football skills as curricular and extra-

curricular activities. The school will also benefit from the use of Sean Dolan GAC resources,

playing fields and function rooms for school activities.

Naíscoil and Gaelscoil Éadain Mhoir – support the proposal and it being made available for the

school to use all year and winter months

Bogside and Brandywell Health Forum – The indoor facility is of an interest to them for the

patients they work with and want to engage in sporting activities. The ability to provide

services during winter months will enable them to run projects all year round. Consider it is

an opportunity for them to partner with Sean Dolans to reduce health inequalities and

improve health and well-being in the local community.

Bogside and Brandywell Initiative – development will add to the regeneration of the area and

increase participation in active lifestyle for the community and are keen to work with them in

the future using the new facilities.

Healthy Living Centre at Old Library trust – demand for space is a problem for them in

delivering health and wellbeing, sport and physical activity programmes. They work with Sean

Dolans GAC and jointly secured 3-year funding to enhance participation at club level and

girls’/ladies games. A purpose built facility would alleviate pressures on local facilities and give

the wider community greater opportunities to access additional programmes and services

that will improve their additional programmes and services.

Creggan Neighbourhood Partnership – Consider this is a key capital project for Creggan

community and will bring sporting facilities in line with other areas for the benefit of the whole

community. Currently CNP cannot provide sporting activities to their users as they have no

space, and to hire the only sports hall in the area is costly and is usually blocked booked for

hire. An all-weather indoor 3G facility will provide space which can be utilised 52 weeks in the

year by the community. CNP welcome the housing and consider provision will go some way

to tackling issue of homelessness; it states Creggan is a sought after location for those needing

to live closer to families and for those struggling to cope without family support.

Appendix 2

Letter of support from an MP – supports the proposals, benefit to the young people of Creggan

and wider city.

Letter of support from MEP – worked closely with the club since the fire that almost destroyed

the club in 2011 and has witnessed first-hand the work carried out by the Club’s committee.

Considers the proposal would place Sean Dolans at the heart of the development of Gaelic

games and culture in Derry City and District. Also confirms support for good quality housing.

James McClean – a footballer at Stoke City FC and states he has first-hand experience of how

sport can provide young people with an alternative to anti-social behaviour and improve

mental health and physical health in the wider community.

Brian ÓG’S GAC – welcome the proposal and considers it will benefit their teams as a training

facility.

St Joseph’s Primary School – as part of the school’s extra-curricular activities they have been

involved with the club to help promote participation of pupils in Gaelic games and a weekly

coaching programme; which has seen pupils joining the club. Consider Sean Dolans has a wider

community benefit in that team and training has positively built confidence and social skills of

their pupils and had a tremendous impact on health and well-being.

County Derry GAA – All GAA clubs are based on a community benefit society model which are

committed to delivering social value to the whole community and not only those playing the

sport. Clubs act as “Health Community Partnerships” bring groups, voluntary and statutory

bodies together to deliver support programmes for mental and physical well-being. The letter

states Sean Dolans GAC are part of this. Derry GAA are fully supporting of the proposal and

considers it will play an important role in the city resulting in employment and training

opportunities.

Nazareth House Primary School – has a strong school/club link which has seen benefits to

pupils and their families. The school is located in one of the most deprived wards of NI and

believe their pupils greatly benefit from initiatives such as those run by Sean Dolans GAC to

improve health, fitness, self-esteem and general well-being. The school doesn’t have onsite

pitches and the 3G pitch will greatly benefit pupils.

Parish of St Marys – endorse work of the club in helping young people develop a love for sport

and believes that locally based organisations can help young people develop a virtuous

character and resilience, which are needed to face the challenges of life.

Appendix 2

Reducing anti-social behaviour

- A fence was erected around the perimeter following the fire and other anti-social behaviour

and activities including bonfires, fly tipping and dumping etc

- Redevelopment would reduce the potential for anti-social behaviour in an area of Creggan

that currently has poor supervision.

As part of the agents supporting statement they have also considered that the proposal meets a

second exception to policy in which it has to be demonstrated that the loss of open space will have no

significant detrimental impact on amenity, character or biodiversity; and consider the following

demonstrates this exception to policy;

The proposed development will create an accessible community building that will be well connected

to the wider community and existing open spaces through a network of public footpaths, encouraging

social integration – integrating those developments which are on the periphery of Creggan which

could be considered disconnected from the established Creggan estate, such as those developments

at Magowan Park; Ballymagowan Park and Ballymagowan gardens.

The agent has carried out an analysis of the existing communal amenity spaces and facilities in the

area which indicates that;

- Community facilities/buildings - The main community facilities remain situated towards the

centre of the estate around Central Drive and include a leisure/healthy living centre, library

and a number of small neighbourhood/youth centres. These facilities are remote from the

majority of the new residential developments in the area and do not offer similar facilities and

activities as the proposed development. Local community groups indicated that the Bishops

Field leisure centre operates at capacity and that the proposed covered synthetic play

complex is a much needed addition to the facilities in the area.

- Communal amenity spaces – there is a high level of amenity space in close proximity to the

site. Within 120m there are playing fields, an urban park, allotments and 2 no equipped play

grounds. In addition to this there are other large areas of zoned amenity space north and west

of the site.

The agent considers that the above indicates that whilst the site is served well by useable amenity

spaces and equipped play areas it is not well served by multi-use community or indoor sports facilities

Appendix 2

and considers the extension and improvement of Sean Dolan GAC will provide an invaluable facility

for the community.

The agent states that the site for the residential development is unmaintained grassland and not

accessible to the general public therefore its usefulness is limited and also considers the loss of open

space will have negligible impact on the choice of quality, useable public amenity spaces available.

The agent states that the character of the area will change as a result of the development however

the agent considers that the significant community benefits decisively outweigh the loss of the

underutilised site.

Officers consideration of the policy assessment and consideration of the exceptions tests are set out

below in section 12.

12. Planning Assessment, including 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.

This proposal has been assessed against the provisions of the Derry Area Plan 2011, as well as other

material considerations including the Regional Development Strategy; the Strategic Planning Policy

Statement for Northern Ireland; PPS 15 Planning and Flood Risk; PPS 7 Quality Residential

Environments; Addendum to PPS 7 Safeguarding the Character of Established Residential Areas; PPS

8 Open Space; PPS 6 Planning and Archaeology; PPS 3 Access Movement and Parking; PPS 2 Natural

Heritage; and supplementary guidance in ‘Creating Places’, as well as consultation responses, and the

representation received.

The proposal

The proposal comprises of two elements;

- Extension of the existing clubhouse to include new changing facilities, fitness suite/gym and

multi-purpose community room and development of a new arena covered complex with

synthetic play zone; and

- Redevelopment of the existing grass area to the west of the existing Sean Dolans GAC playing

field and club house for a social housing development and associated amenity space.

The agent advises that the project is mutually beneficial for both Radius and Sean Dolan GAC as the

revenue generated from the sale of the land to deliver much needed social housing in an area of

Appendix 2

housing need will facilitate Sean Dolan GAC to extend and improve their facilities and the services they

offer to the wider community. The agent states that both components of the project are equally

important in delivering a community benefit to the Creggan Community.

Sean Dolan GAC Community Building and Grounds

The proposal includes;

- Extension of the existing clubhouse to include new changing facilities, fitness suite/gym and

multi-purpose community room with a moveable wall divider to increase flexibility of space

- Development of a new sports facility complex covered synthetic play space which will be

designed to accommodate multiple sports/activities i.e. football, basketball, badminton,

community games;

- External terrace with views towards the existing grass pitch; and

- New car parking and street lighting scheme.

Social Housing Development

The proposal includes:

- New social housing residential development including a mixture of 1 & 2 bedroom

apartments, 2, 3 & 4 bedroom dwellings and wheelchair accessible bungalows.

- New access onto Bligh’s Lane and upgrade of existing access to Sean Dolan GAC;

- Communal amenity space with linkages to Sean Dolan GAC and the urban park to the south

of the site; and

- Buffer landscaping to limit the impact of the existing pitch on the proposed development.

The Strategic Planning Policy Statement for NI (SPPS)

An objective of the SPPS is to ensure that new open space areas and sporting facilities are convenient

and accessible for all sections of society, particularly children, older people and those with disabilities.

Paragraph 6.205 states there is a policy presumption against the loss of open space to competing land

uses in Local Development Plans irrespective of its physical condition and appearance. Any exception

to this general approach should only be appropriate where it is demonstrated that re-development

would bring substantial community benefit that outweighs the loss of open space; or where it is

demonstrated that the loss of open space will have no significant detrimental impact. As part of the

supporting information submitted, the agent has submitted a justification statement for the loss of

open space and to demonstrate the proposal is an exception to policy and will bring substantial

Appendix 2

community benefit. Officers assessment of the proposal and consideration of the supporting

information to demonstrate an exception to policy is set out in PPS 8 policy assessment later in this

report.

Para 6.206 advises that all new residential developments are to provide adequate and well-designed

open space as an integral part of the development. It also states Councils must ensure a suitable

mechanism is in place to secure the future management and maintenance of open space in new

residential developments. The open space assessment is provided in PPS 8 section later in this report.

Para 6.207 of the SPPS provides policy guidance on intensive sports facilities and this is also assessed

in detail in PPS 8 section later in this report.

With regards to the proposed housing layout, the SPPS supports and strengthens PPS 7 in that it

requires submission of a design concept to be sought and agreed with the developer. A concept plan

has been submitted with the application which demonstrates how the site will be developed in the

context of interlinking the proposal with Sean Dolans GAC and interlinking to the proposed open space

to the existing urban parkland. All new housing should demonstrate a high quality of design, layout

including road infrastructure considerations and landscaping. Good design contributes to the creation

of places to live that are safe and attractive and is also a key element in achieving sustainable

development. Assessment of the design and layout is set out further in PPS 7 section later in this

report.

Derry Area Plan 2011

The application site is located on existing Zoned Recreation and Open Space in the Area Plan 2011.

The site is bounded by other areas of open space to the north, west and south; see extract from Area

Plan below. It is noted that some of this zoned amenity space has been redeveloped for residential

development.

Appendix 2

Extract from Derry Area Plan with site outlined in red

Policy R1 Protection of Zoned Recreation and Open Space areas states that the Department will not

permit proposals for built environment in areas zoned as Recreation and Open Space except where;

The development is related to the existing use

The development provides leisure facilities; or

Any replacement buildings do not exceed the site coverage of the existing development.

This proposal provides for the expansion of open space leisure facilities at Sean Dolans GAC which is

a joint venture between the club and Radius Housing and in which the proposal is related to the

existing use. The existing Sean Dolans GAC will be extended and the proposal will provide for a new

community facility in the form of an indoor multi use 3G sports facility. The redevelopment of the

housing element of this proposal is interlinked with the redevelopment of Sean Dolans GAC facility

and as will be set out in more detail under PPS 8 section later in this report, the combined housing and

Appendix 2

sporting element will bring substantial community benefits so that the development can be

considered as an exception to prevailing planning policy. Officers therefore consider that the proposal

complies with Policy R1 of the Area Plan.

Planning Policy Statement 8

Policy OS1 Protection of Open Space

Policy OS1 states that the Department will not permit development that would result in the loss of

existing open space or land zoned for the provision of open space however an exception can be

permitted where it is clearly shown that redevelopment will bring substantial community benefits that

decisively outweigh the loss of the open space. The policy amplification states that applicants will

generally be expected to demonstrate that their proposals are supported by the local community.

In terms of considering the community benefit the agent considers that the provision of social housing

in accordance with a social housing need defined and supported by the NIHE would be considered as

an exception to Policy OS1. The development proposal is located in an area of housing need within

the Westbank Housing Needs Assessment area. The housing need projection for the Westbank is 2,009

units over the period 2018-23 and this proposal for 119 units is supported by the NIHE. Whilst the

social housing need is a material consideration of the application it would not alone bear determining

weight to demonstrate an exception to policy and therefore consideration has also been given to other

material considerations including the wider benefits of the overall proposal, as considered below.

Material to this application is the importance of the open space proposals which have been designed

to integrate with and respect the Master Plan previously approved under outline application

A/2006/1150/O and reserved matters application A/2010/0524/RM on lands directly to the south of

the application site which formed part of the development at Ballymagowan Park.

The outline application for Ballymagowan Park established the principle of residential development

and an urban park on lands to the south of the site and the reserved matters approval provided the

detailed design for the urban park. This park has been constructed and provides a useable amenity

space for the wider community. The integration of the application proposal, connectivity to and the

inter linkages to the existing urban park from the proposed housing development and linking to the

re-development site of Sean Dolans is significant in providing wider community benefits for Creggan

Area. The new open space on the south and east of the housing application has therefore been

designed to connect with the re-development proposals of the Sean Dolans GAC through

interconnecting pathways through the open space will then connect to the existing urban park. This is

considered to be material to the consideration of this proposal as it will integrate the new

Appendix 2

development to the existing developments connecting other communities within Creggan particularly

those at Ballymagowan Park which are on the peripheral edge of Creggan. Accessibility therefore to

Sean Dolans GAC and the new proposed sports facility will better serve the wider Creggan Area, and

therefore bring wider community benefits as a result of the overall proposal.

The agent states that the following is how the existing and proposed land uses will interact for the

benefit of the wider community;

The proposed residential development includes communal amenity space adjacent to the

existing urban park, which will be linked via pedestrian footpaths. This will extend the area of

the existing park.

The existing urban park is on a higher ground level than dwellings within Ballymagowan Park,

which creates a poorly supervised area. The proposed residential elements of this proposal

will front onto the existing park providing informal surveillance and increasing security of the

space

The proposed development includes a woodland interpretive nature trail linking the existing

park to the upgraded community facilities at Sean Dolans GAC. This will encourage increased

use of the facilities and provide a more direct link between the urban park and residents to

the north of Creggan Heights; and

The proposed development includes the upgrade and extension of Sean Dolan GAC facilities,

which will be available for use to the wider public. This community use will complement the

existing community play park in Ballymagowan Park, urban park and allotments within the

masterplan.

Appendix 2

Extract from agents Justification statement showing the existing community and amenity uses

There are other material considerations this proposal will have in providing wider community benefits,

as has been demonstrated in the supporting information submitted. This include the benefits to Sean

Dolans GAC directly in that the new facilities will increase membership and provide sporting facilities

that will be used all year round and particularly in winter months for training which will benefit the

wider GAA community. Additionally, the enhanced facilities and provision of a multi-use indoor 3G

sports facility at the site will also offer benefits to the wider community in that the club will be able to

facilitate a range of activities and events, including running community programmes in addition to

Gaelic sports for the wider community. This has been demonstrated in detail in the agents supporting

information and in the examples provided of recent community partnership programmes that have

taken place for the benefit of the wider community at the existing club. Additionally, it is also

envisaged that the proposal will reduce anti-social behaviour in the area which currently lacks

Appendix 2

supervision and the redevelopment of both the housing and sporting club at Sean Dolans will greatly

reduce this risk.

Policy also requires proposals to demonstrate that they are supported by the wider community. The

various letters of support which were appended to the supporting justification statement submitted

clearly demonstrates how this proposal will have wider benefits to schools, community groups and

organisations and will provide a facility at Sean Dolans that will be accessible and useable to all as well

as helping to improve social disadvantage, deprivation and antisocial behaviour and, physical health

and well-being, all of which are supported through the SPPS. Letters are also received from NIHE,

Ulster GAA and the wider community organisations and officers consider it has been demonstrated

that the proposal will bring benefits to the wider community which extend beyond sport. The pre-

application community consultation report submitted with the application also demonstrates the

proposal received support from the local community.

Officer are of the opinion that it has been demonstrated that the proposal in considering all of the

material considerations of this application is an exception to policy in that the redevelopment will

bring substantial community benefits that decisively outweigh the loss of open space and therefore

the proposal complies with PPS 8 OS1.

Whilst only one exception to policy needs to be demonstrated; the agent also considers that a further

exception to policy has also been met however officers consider that the exception to policy has been

misinterpreted and misunderstood by the agent. Policy OS1 also states that ‘an exception will also be

permitted where it is demonstrated that the loss of open space will have no significant detrimental

impact on the amenity, character or biodiversity of an area and where either ……’of two circumstances

occur. The agent has considered the first element of the exceptions test but has not provided

information on either of the two alternative circumstances, which is required by policy.

Regardless of this however, officers consider that it has been demonstrated that one of the exceptions

to policy has been met as considered in detail above for officers to recommend to Members that the

proposal can be permitted as the redevelopment will bring substantial community benefits that

decisively outweigh the loss of the open space, and therefore the proposal complies with policy OS1

of PPS 8.

Policy OS 4 Intensive Sports Facilities

The existing sports facility at Sean Dolans GAC is to be redeveloped; the existing club building will be

reconfigured and extended and a new sports 3G synthetic pitch (a multi-purpose games area)

Appendix 2

provided within the site. The new indoor facility will be physically attached to the existing Sean Dolans

GAC clubhouse pavilion and changing rooms and will extend out from the new extension onto the

Sean Dolans Pavilion. The location of the new multi-use sports facility will sit into the existing

embankment and a landscape buffer will be provided between the site and the proposed housing

which will sit at a higher level that the sports facility.

The extension to the existing clubhouse pavilion will offer a multi-purpose room which as advised by

the agent in the Design and Access Statement submitted can accommodate complimentary uses for

the sports club and community; training space, exercise or gym room, dance classes, social gatherings

in support of the club and sports activities, meeting room etc. Further ancillary spaces include kitchen,

wcs, plant room and storage space for sports equipment will also be accommodated. Integral with the

pavilion and extension are the circulation and link spaces which will navigate between the existing

changing room facilities and entrances into the new multi-purpose room and new indoor 3G facility.

The 3G indoor facility as advised by the agent is expected to cater for various sports including further

Gaelic training in winter months, hurling, five-aside rugby and five aside football. The 3G pitch is a

fixed Size to accommodate a range of sports and therefore the height of the space is 12m internally.

The existing dwellings at Glassagh Park are given as much distance as possible away from the new

facility, via the road and parking forecourt between them and the facility. The existing trees along the

boundary with Glassagh Park are to be retained and new planting provided to soften the interface

from residential rear gardens to the sports grounds.

The plans to redevelop this element of the site are set out below;

Appendix 2

Proposed site plan for redevelopment of Sean Dolans GAC

The car parking will be re-configured within the site and new parking provided. The proposal will

include a new pedestrian link from the proposed housing development down to the sports

development. Footway provision at Blighs Lane will tie into the new footpath from the housing

development and there will be a gated secure entrance into the site.

Appendix 2

Entrance detail to Sean Dolans GAC

Proposed Elevations of sports development at Sean Dolans GAC

The external façade of the new sports building will be finished in metal panel wall cladding on the

upper walls, concrete coloured dark grey and red brick finish on the lower walls, with the existing

building being retained as is. The extension to the club house will be red brick to tie in with the

existing pavilion.

Appendix 2

Proposed Ground Floor Plan of redevelopment of Sean Dolans GAC Club

Agents 3D Images of the proposed new sports facility 3G synthetic pitch

Appendix 2

Agents 3D image of the existing Sean Dolans building with the new proposed sports facility

Appendix 2

Agents 3D images of the redevelopment of Sean Dolans GAC

Policy OS 4 sets out a number of criteria for intensive sports facilities. Intensive sports facilities for

the purpose of this policy as set out in the Justification and Amplification Section advises this

includes sports halls and other indoor and outdoor sports facilities that provide for a wide range of

activities. Such facilities serve as a focus for the community and should therefore be located within

the settlement. The existing Sean Dolans facilities are located within the settlement limit and meets

the criteria as set out in policy;

There will be no unacceptable impact on the amenities of the existing residents living nearby

by or those of the proposed housing development by Radius which is an integral part of this

Appendix 2

planning application. The siting, scale, extent and the new sporting activities (the indoor 3G

pitch) proposed will not have a detrimental impact on neighbouring properties. The

extension and alteration of the existing club building itself and internal reconfiguration will

not have an impact on the existing or proposed residential properties.

There is no adverse impact on the features of importance to nature conservation,

archaeology or built heritage.

The redevelopment and design is of a high standard and of a scale appropriate to the site

and surrounding environment, and additional landscaping is being provided on the

boundaries.

The proposed facility takes account of the needs of people with disabilities and is located so

it is accessible to the catchment population.

The road network can safely handle any extra vehicular traffic the proposal will generate and

satisfactory access arrangements are provided for the site, car parking and waste disposal.

The proposal complies with Policy OS4.

Policy OS 2 Public Open Space in New Housing Developments

Policy OS2 requires new development proposals to incorporate 10% open space as an integral part of

the development. This proposal will make provision for a central portion of open space within the site

with an equipped children’s play area. A direct pedestrian connection has been provided from the

equipped play area to the other area of open space east of the site and so that there is a direct

connection to the Sean Dolans GAC facilities. The area of open space at the east and south will be

connected to the existing urban park land and Sean Dolans facilities through a series of pathways and

will be a planted informal recreational area. The location of the open space and play provision has

been designed so that it will not only benefit the occupiers of the development but will also connect

to and benefit existing residents within the wider area. Officers have liaised with Councils Parks and

Recreation team throughout the processing of this application who have agreed to take on the

responsibility of open space manager for the site and will therefore manage and maintain the open

space areas within the housing development. Officers consider it necessary to condition that the

developer shall enter into a legal agreement with Council to secure the long term management and

maintenance of the open space and play areas. See conditions section within this report. The proposal

complies with PPS 8.

Appendix 2

Details of Play Equipment as agreed with and will be managed by Councils Parks and Recreation

Team

Appendix 2

Plan showing the open space area south and east of the site with connections to both Sean Dolans

GAC and the existing urban park at the south of the site, and the location of the centrally located

equipped play area.

PPS 7 Quality Residential Environments: Policy QD1 Quality in new Residential Development

All of the QD1 criteria (a-i) are expected to be met; they are each assessed below:

a) In terms of the site’s character, the layout, scale and massing of buildings are appropriate to

the character and topography of the site. The proposal will provide a total of 119 residential units

comprising of:

50 no 3P/2B- 2 storey houses (4 no complex needs units)

37 no 5P/3B- 2 Storey Houses (4 no complex needs units)

15 no 2P/1B Apartments (3 storey block)

9 no 3P/2B Apartments (3 storey bock) (2 no complex needs units)

8 no 6P/4B (3 Storey Houses)

Appendix 2

The layout has been designed to take into account the levels of the site and the relationship with the

adjacent Sean Dolans GAC which sits at a much lower level than the proposed housing. The access into

the site will be framed on Blighs Lane by dual frontage apartments providing a gateway entrance to

the site. Dwellings/apartments have designed so they are dual aspect providing passive supervision

onto internal roads and open space areas and also onto Blighs Lane. The site will contain a central area

of open space within the site which provides an equipped children’s play area centrally within the site

and a second area of informal amenity space to the southern part of the site where it will connect to

the existing urban parkland. The open space connections then continue to an area of open space

provided on the eastern part of the site adjacent to Sean Dolans GAC which will connect via a

pedestrian connection to the Sean Dolans site knitting the development into the wider community.

The internal layout has been designed to respect the existing context and internally there will be a

central road network and pedestrian connections throughout the development interlinking the areas

of open space providing connectivity across the site. The variety of house types and the relationships

between them, the streets and open spaces have been designed to dictate the overall site character

and contribute to the quality and identity of this new residential environment.

Proposed Block Plan

b) There are no impacts on Archaeology and no features of built heritage. Historic Monuments

have provided conditions that a programme of works is to be implemented on site by a licenced

Appendix 2

archaeologist and a final report detailing the results of the archaeological investigation has to be

submitted to and approved by HED. See assessment of PPS 6 later in this report.

With regards to landscape features there is little vegetation worthy of retention on the sites

boundaries. Additional planting is being provided and a buffer of planting along Glassagh Road to

provide a landscape buffer between Glassagh Road and the development site to soften its visual

impact into the surrounding landscape. Planting is to be provided throughout the site and also

within the informal recreation open space areas.

c) In terms of private amenity space, adequate provision has been made for all dwelling units in

which rear garden spaces have a minimum of 70m2 amenity space per house and separation distances

of 20m back to back for the proposed dwellings with communal open spaces allocated to both

apartment blocks that exceed 15m2 per apartment; which is in accordance with the guidance of

Creating Places.

In terms of communal open space there is a central area of open square that has an equipped play

park located centrally within the site for the benefit of the residents within the development. This is

within the heart of the development and is readily accessible by the vast majority of properties within

the development. A linear strip of open space is also provided along the eastern boundary of the site

to provide a buffer to but also to provide pedestrian connectivity into the adjacent Sean Dolans GAC

site, which then also connects to the urban parkland with an area of open space connecting to this at

the south of the site. The pedestrian connections will enhance connectivity between the open spaces

and increases accessibility for the proposed residents. This has been developed to link, enhance and

develop into the existing master plan for the adjacent urban park and housing at Ballymagowan and

Circular Road.

The current proposal therefore meets the standards and guidance of Creating Places in terms of

private amenity space for the dwellings, communal space for the apartments and public open space

for the site. The open space meets the 10% requirement for provision of open space in new housing

developments as set out in PPS 8.

d) Whilst local neighbourhood facilities are not required for a development of this size,

connectivity to existing facilities at Sean Dolans GAC and to the urban park at Ballymagowan have

been designed into this scheme so that there will be benefits for the proposed resident of this

development and existing residents in the wider Creggan area so that the facilities are accessible to

all.

Appendix 2

e) There is a movement plan with pedestrian walkways that traverse the site and connect to

the urban parkland, to Sean Dolans GAC and to the public Road at Blighs Lane. The layout has been

designed to allow for a permeable internal layout that allows for a variety of routes through the

development that will aid the overall legibility of the scheme.

f) The proposed road network is to be adopted by DFI Roads under the Private Streets Order.

DFI Roads have reviewed the extent of parking including the communal parking courts for the

apartments and the in-curtilage and on street communal unassigned spaces for the proposed

dwellings which has been assessed and considered adequate for the size and density of the overall

development. DFI Roads has no objection subject to conditions. See conditions later in this report.

g) In terms of design and finishes, there is a varied design palette in the wider area and a mix

and variety of house types and apartments throughout the site. The common material palette is of

brick, render and profiled cladding which has been selected to be in keeping with the character of

the existing context. There is variety and diversity in the proposed design and building form which

create different streets within the development. The overall design is appropriate within the context

of the site and the wider area.

Semi-Detached dwelling - House Type A5

Appendix 2

Semi-Detached dwelling – House Type E3

Semi-detached dwelling - House Type A4

Appendix 2

House Type B elevations - terrace of three dwellings

Detached House Type G1

Appendix 2

House Type H

Proposed Apartments

Appendix 2

Agents 3D Image of apartments at the entrance to the site

3D Images of streets within the development

Appendix 2

h) The design and layout does not conflict with the adjacent uses as the proposal is for housing

and the surrounding immediate area consists of open space areas and recreational facilities. There

will therefore be no impact on any nearby residential properties

i) The layout, with its front facing linear form, creates an outward looking development that

restricts the amount of hidden areas and unsupervised spaces. Open space areas have been

designed so that dwellings and apartments provide supervision to all these spaces and also to the

communal parking areas. The layout has been designed through Secure by Design Compliance and

officers consider the design and layout should deter crime and promote personal safety.

Planning Policy Statement 15 Planning and Flood Risk

FLD 1 Development in Fluvial Flood Plains – The Flood Hazard Map (NI) indicates that the site does not

lie within the 1 in 100 year fluvial flood plain.

FLD 2 – Protection of Flood Defence and Drainage Infrastructure – The site is not affected by any

designated watercourses. There is an existing undesignated watercourse identified on the site. A

maintenance strip is required to the proposed culvert. This has been shown on a drawing and will be

protected from impediments i.e. tree planting etc. DFI Rivers have advised this should be imposed as

a condition on any planning approval. Officers are content this can be conditioned, see conditions

section later in this report.

Appendix 2

FLD 3 – Development and Surface Water – A drainage assessment was submitted in support of the

application. DFI Rivers is content with the assessment submitted subject to a condition requiring a

final drainage assessment containing a detailed drainage network design compliant with PPS 15; or,

confirmation from NIW that they will adopt a drainage network that will attenuate the 1 in 100 year

storm event.

FLD 4 – Artificial Modification of watercourse – There will be modification to a watercourse within the

application site. This is permitted in exceptional circumstances and is a matter for the planning

authority. The agent has submitted supporting information in relation to the proposed culverting of

the watercourse and in summary this advises that the topographical survey identified an existing

sheugh/channel which starts within the site and runs in a southern direction before entering an

existing storm drain to the south east corner of the residential portion of the site. When the ecologist

visited the site in 2019 there was no evidence of an open sheugh/watercourse and they confirmed

that a marshy grassland area existing in the location. The proposed culvert will be diverted into the

existing open space area to avoid intersection with the proposed sewerage network within the new

development. It is understood by the agent team that the open channel was formed to provide storm

drainage to the former army barracks that previously operated on the site. The ecologist in the

ecological assessment assessed this area of ground in the Biodiversity checklist submitted in support

of the application and it was confirmed there would not be an ecological impact on protected species

or habitat; therefore, culverting the open channel and diversion of this into the open space will not

have any ecological impact. Retention of the existing open channel in its current location is not a viable

option as it would travel underneath the footprint of dwellings, driveways and the proposed road. The

agent also considers that if the sheugh was retained in its current location it would have an impact on

the site layout and limit development potential to the south eastern portion of the site, and has stated

this would require a reduction in density which would have a knock on effect on the viability of the

community facilities proposed. Additionally, the agent has confirmed that DFI Rivers has given

schedule 6 consent for the culverting of the watercourse which demonstrates technical compliance of

the proposal that it will not have a flood impact on the site or on adjacent lands. On the basis of the

information provided, officers consider that it is reasonable in the circumstances presented that

culverting and diversion of the sheugh is acceptable under FLD 4. As this is an undesignated

watercourse the responsibility for maintenance of the culvert rests with the riparian land owner. The

culvert diversion will be carried out in its entire length, 170 metres and will commence with a manhole

chamber at the upstream extents to a manhole chamber at the downstream extents. DFI Rivers in

their consent advises that the proposed pipe culvert should be a minimum of 375mm.

Appendix 2

FLD 5 – Development in Proximity to Reservoirs – Not applicable to this site.

Planning Policy Statement 6

The application site is located on the edge of the historic city of Derry close to a number of recorded

monuments including large Rath (LDY 14:03) which is the remains of an early medieval farmstead that

was later re-used as an encampment during the siege of Derry. The site has most recently been

occupied by an army base, which has now mostly been removed with only the building platforms still

present. This application site is around 7 hectares in size and HED experience is that sites such as this

are rarely archaeologically sterile, and given the known archaeology within the immediate area, there

is the potential for previously unrecorded below ground archaeological remains to be found during

ground works for the proposal.

HED Historic Monuments has reviewed the submitted archaeological programme of works and agree

with the results and recommendations presented within the document. HED agree with the

archaeological mitigation strategy proposed and are content for this to proceed to archaeological

licensing with an amendment that the methodology for the scheme should include provision for pre-

development topographic survey of the remaining building platforms and features of the former army

base. This is to record what is left of the barracks prior to redevelopment. HED advises this is the first

step in compliance with the archaeological conditions which would not be fully discharged until the

programme of works has been implemented on site by a licenced archaeologist and a final report

detailing the results of the archaeological investigation has been submitted to and approved by HED,

as such the proposed conditions by HED are still applicable. See conditions section later in this report.

Planning Policy Statement 3 Access Movement and Parking

A Transport Assessment and addendums were submitted in support of the application and DFI’s data

section completed a review of the TA report. This assessed the existing conditions; Trip Generations

and Distribution as a result of the proposed development, committed development, distribution and

assignment, highway impact and growth; Traffic impact on junctions and junction modelling; Parking;

Public Transport; and impacts on Non-motorised users – pedestrians, cyclists and disabled facilities;

and, safety.

Remote Junctions Traffic Calming works

The Transport Assessment was not agreed however it was sufficiently progressed to enable DFI Rods

to conclude their assessment of the application and the proposed mitigation works. Officers and DFI

Roads then progressed to seek the mitigations that could be delivered. Mitigation works could not be

Appendix 2

provided on Creggan Heights as the issue of on-street parking, carriageway width etc. are not aspects

which could be realistically improved as part of this development. As part of this proposal and to

mitigate traffic impacts, traffic calming is required on Fanad Drive and works to Central Drive/Fanad

Drive junction. This is an additional measure to reduce vehicle speed and promote road user safety.

The use of a raised table at this junction and additional speed control humps on Fanad Drive was

considered to be the most appropriate means of promoting road safety for both vehicular and non-

motorised traffic at this location.

Fanad Drive and Central Drive Junction

The traffic calming proposed along Fanad Drive and works at Central Drive junction have went through

a separate public consultation process by DFI Roads in accordance with Article 65 of the Roads (NI)

Order which included advertisement and public consultation on the agreed design. The Department

confirmed they did not receive any objections to the public consultation process. The works required

are included within the application proposal. Given that the public consultation process has ended

without any objections being received, DFI Roads is content that there is reasonable prospect that the

remote traffic calming works can be delivered as part of the planning approval. DFI Roads is content

that these works will be negatively conditioned with a requirement that the legislation process be

successfully completed prior to commencement of the development on site. Additionally, it will also

be a requirement that traffic calming works be completed prior to the occupation of any dwelling. See

conditions section later in this report.

Appendix 2

The internal layout has been designed in accordance with creating places and the proposed residential

element will also be traffic calmed. The access to the residential development is from Bligh’s Lane with

adequate splays of 4.5 x 90m being provided. The existing access to Sean Dolans GAC will be upgraded

to facilitate the works proposed within the curtilage of the GAC grounds. 67 parking spaces are being

proposed within the GAC and 4 coach parking spaces. Parking within the residential part of the site

has been considered and reviewed and is acceptable. On street parking, in-curtilage parking and

parking bays are being provided within the site. A 2m wide footway is being provided along the sites

frontage. DFI Roads has no objection to the proposal see conditions section later in this report.

Planning Policy Statement 2

Policy NH 1 – European and Ramsar Sites

SES has also carried out an Appropriate Assessment which has concluded that the proposal would not

be likely to have a significant effect on the features of any European Site. NED has also considered the

impacts of the proposal on designated sites and has no concerns.

Policy NH 5 – Habitats, Species or Features of Natural Heritage Importance.

NED has considered the Biodiversity checklist and notes the development will result in the loss of

existing scrub habitat. Scrub provides an optimal habitat for nesting birds which are protected under

the Wildlife Order 1985 as amended. NED recommends that no vegetation clearance occurs within

the bird breeding season (1st March – 31st August inclusive) unless the site has been checked by a

suitably qualified ecologist prior to removal. A condition has been provided by NED to this effect, see

conditions section later in this report.

NED considers that with regards to landscaping for the site, the applicant utilises species native to

the region as well as include pollinator friendly grass seed mix as part of the development in an

effort to enhance and promote existing biodiversity levels. Based on the information provided NED is

content the proposal is unlikely to have a significant impact on any other protected species or

habitat.

NED does note the report has highlighted the presence of Himalayan Balsam on site. This is a highly

invasive plant species and control measures must be taken to ensure that any works do not cause

them to spread either on or off the site. This will be included as an informative in the event of an

approval.

Appendix 2

NED has provided conditions requiring no vegetation clearance in the bird breeding season; and a

condition requiring the landscaping plan for native species only for the site is to be submitted and

agreed with the planning authority. A landscaping scheme has been submitted for the site and whilst

NED were not re-consulted on this plan, officers are content that the planting schedule for the site

which has also been confirmed by the agent, includes a schedule of appropriate numbers of native

species of trees and shrubs with details of aftercare. The agent also confirmed the scheme also

includes ornamental species appropriate to the residential use which also have the ability to

contribute to Biodiversity. On this basis officers consider the condition suggested by NED requiring a

planting scheme is not required.

Conclusion and Recommendation

The proposal is considered acceptable in that it is in accordance with the Derry Area Plan 2011 and it

has been demonstrated that the proposed development can be permitted as an exception to the SPPS

and Policy OS 1 of PPS 8 as the proposal will bring substantial community benefits that will outweigh

the loss of the existing open space. The social housing need has been taken into account as well as all

other material considerations specifically the benefits of the project holistically to the wider

community. The layout meets the criteria of QD1 of PPS 7 and a quality residential environment can

be achieved. There is the provision of infrastructure works and mitigation to off-site junctions in

accordance with PPS 3, sewerage and land drainage in accordance with PPS 15; and consideration of

natural heritage in accordance with PPS 2 all of which are supported through the SPPS for NI. Other

material considerations have also been taken into account, including the representation, letters of

support from the community and NIHE; and, advice from consultee’s received. On balance officers

consider the proposal acceptable and therefore recommend that the Council’s Planning Committee

approve planning permission LA11/2019/0866/F for the proposed development subject to conditions

set out below;

1. As required by Section 61 of the Planning Act (Northern Ireland) 2011, the development

hereby permitted shall be begun before the expiration of 5 years from the date of this permission.

Reason: Time Limit.

Appendix 2

2. The re-development of Sean Dolans GAC shall be completed prior to the occupation of the 80th

dwelling unit hereby approved.

Reason: To ensure comprehensive development of the site.

3. Prior to the occupation of the 40th dwelling unit hereby approved, the developer shall provide

the central area of public open space, equipped play area and pedestrian connections to Sean

Dolans GAC as indicated on the approved plans, drawing no 02 Revision 3 date stamped 06

November 2020 and drawing no 33 Revision 6 date stamped 01 December 2020 and all

remaining areas of public open space and pedestrian connections to the urban park shall be

completed prior to the occupation of the 80th dwelling unit.

Reason: To ensure that the public open space, play areas and pedestrian connections are provided in

a timely manner for the benefit of the occupiers and to aid integration of the development into the

local landscape as soon as possible.

4. During the first available planting season after the occupation of the 80th dwelling unit

hereby approved, or as otherwise agreed in writing with the Council, all landscaping on site

boundaries including the landscape buffer shall be carried out in accordance with drawing no 33

Revision 6 date stamped 01 December 2020.

Reason: In the interest of visual and residential amenity.

5. All landscaping within individual plots shall be completed upon the occupation of each

individual unit.

Reason: In the interest of visual and residential amenity.

6. The open space and landscaped areas referred to in conditions 3 and 4 shall be managed and

maintained in accordance with a Landscape Management and Maintenance Plan to be

submitted and agreed with Council prior to the occupation of any unit.

Reason: To ensure successful establishment and ongoing management and maintenance (in

perpetuity) of the open space and amenity areas in the interests of visual and residential amenity.

Appendix 2

7. Prior to the occupation of the 40th dwelling unit, the Developer shall enter into an Open Space

Agreement with Council to manage the open space including play areas to be constructed as part

of the housing development. The open space and play areas shall be managed and maintained in

perpetuity by Council as Open Space Manager for the site.

Reason: To ensure successful establishment and ongoing management and maintenance (in

perpetuity) of the open space and amenity areas in the interests of visual and residential amenity.

8. The boundary treatments to each dwelling unit as identified on drawing no 67 Revision 3, 68

Revision 3, 69 Revision 4 and 70 Revision 3 date stamped 06 November 2020 shall be completed

prior to the occupation of each individual unit hereby approved.

Reason: To secure a quality residential environment.

9. 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.

10. No development shall be commenced until the developer has entered into an agreement with NI

Water under Article 161 of the Water and Sewerage Services (Northern Ireland) order 2006.

Reason: To ensure a practicable solution to sewage disposal from this site is possible.

11. No dwellings shall be occupied until a foul sewerage network engineering solution to mitigate the

downstream, foul capacity issue is provided by the developer to the satisfaction of NI water. The

development shall not be occupied until the developer has complied with all of the requirements

set out in the agreement entered into with NI Water under Article 161 of the Water and Sewerage

Services (Northern Ireland) Order 2006.

Appendix 2

Reason: To ensure a practicable solution to sewage disposal from this site is possible.

12. Prior to the commencement of any of the approved development on site, a final drainage

assessment, containing a detailed drainage network design and compliant with Annex D of PPS

15 shall be submitted to the Planning Authority for its consideration and approval; or written

confirmation from NIW stating that they will adopt a drainage network that will attenuate the 1

in 100 year storm event.

Reason: To safeguard against flood risk to the development and elsewhere.

13. The maintenance strip as identified on drawing no 31 Revision 5 date stamped 6th November 2020

shall be protected from impediments (including any new tree planting, hedges, permanent fencing

and sheds), land raising or future unapproved development.

Reason: To ensure clear access and egress is provided to the watercourse at all times.

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

archaeological work (POW) has been prepared by a qualified archaeologist, submitted by the

applicant and approved in writing by Derry City and Strabane District Council in consultation

with Historic Environment Division, Department for Communities. The POW shall provide for:

- The identification and evaluation of archaeological remains within the site;

- Mitigation of the impacts of development through licensed excavation recording or by

preservation of remains in-situ;

- Post-excavation analysis sufficient to prepare an archaeological report, to publication

standard if necessary; and

- Preparation of the digital, documentary and material archive for deposition.

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

and protected or appropriately recorded.

15. No site works of any nature or development shall take place other than in accordance with the

programme of archaeological work approved under condition 14.

Appendix 2

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

and protected or appropriately recorded.

16. A programme of post-excavation analysis, preparation of an archaeological report,

dissemination of results and preparation of the excavation archive shall be undertaken in

accordance with the programme of archaeological work approved under condition 14. These

measures shall be implemented and a final archaeological report shall be submitted to Derry City

and Strabane District Council within 12 months of the completion of archaeological site works,

or as otherwise agreed in writing with Derry City and Strabane District Council.

Reason: To ensure that the results of archaeological works are appropriately analysed and

disseminated and the excavation archive is prepared to a suitable standard for deposition.

17. Prior to commencing demolition, ground works and construction, the applicant shall complete a

site specific ‘Construction Environmental Management Plan’ (CEMP) which considers noise,

vibration and air quality impacts and submit this CEMP to the Planning Department of Derry City

and Strabane District Council for approval. This plan shall include:-

a) The program and phasing of works

b) Identification of all potentially adverse noise, vibration and dust impacts arising from each phase

of the ground and construction works.

c) All noise, vibration, air quality, and dust mitigation measures (e.g. noise barriers, wheel washes)

necessary to protect amenity at nearby occupied properties.

d) Arrangements for public relations and community liaison; to include a procedure:-

- to ensure communication is maintained with DCSDC and the local community,

- to provide information of any operations likely to cause disturbance,

- the provisions for affected parties to register complaints and the procedures for responding

to complaints.

e) Details of the site working hours.

Reason: To protect residential amenity.

18. The requirements of the ‘Construction Environmental Management Plan’ received in

compliance with Condition 17 shall be adhered to at all times (unless otherwise agreed in writing

by the Planning Department of Derry City and Strabane District Council).

Appendix 2

Reason: To protect residential amenity.

19. Prior to commencing ground works and construction the developer shall install a wheel wash

facility at the site entrance and maintain the wheel wash in operational condition throughout

the lifetime of the construction phase of the development.

Reason: To minimise the off-site migration of dust and soil and protect residential amenity.

20. All construction site traffic (e.g. lorries, excavators etc) exiting the site shall make use of a wheel

wash facility prior to entering onto public roads, to ensure mud and other wastes are not

tracked onto public roads.

Reason: To minimise the off-site migration of dust and soil and protect residential amenity.

21. Site roads with the potential to give rise to dust shall be regularly watered, as appropriate,

during dry and/or windy conditions to minimise the off-site deposition of dust.

Reason: To protect residential amenity and human health.

22. Construction activities shall be restricted to 07.30 – 18.00 (Monday to Friday), 07.30 - 13.00 on

Saturday, and at no time on a Sunday.

Reason: To protect residential amenity

23. Mechanical plant used on site shall be fitted with effective exhaust silencers.

Reason: To protect residential amenity

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

described in the WYG Detailed Remediation Strategy dated December 2019 and referenced

A112475 have been implemented to the satisfaction of the Planning Authority. The Planning

Authority shall be given 2 weeks written notification prior to the commencement of remediation

work in order to inform the Land and Groundwater Team within the Regulation Unit.

Appendix 2

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

use.

25. If during the development works, new contamination or risks are encountered which have not

previously been identified, works should cease and the Planning Authority shall be notified

immediately. This new contamination shall be fully investigated in accordance with the Land

Contamination: Risk Management (LCRM) guidance. In the event of unacceptable risks being

identified, a Remediation Strategy shall be agreed with the Planning Authority in writing, and

subsequently implemented and verified to its satisfaction. This strategy should be completed by

competent persons in accordance with the Land Contamination: Risk Management (LCRM)

guidance.

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

use.

26. After completing the remediation works under Conditions 24 and 25 and prior to occupation of

the development, a Verification Report shall be submitted in writing and agreed with Planning

Authority. This report should be completed by competent persons in accordance with the Land

Contamination: Risk Management (LCRM) guidance. 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 human health and environmental receptors to ensure the site is suitable for

use.

27. No vegetation clearance/removal of hedgerows, trees or shrubs/demolition of buildings or

structures shall take place between 1 March and 31 August inclusive, unless a competent ecologist

has undertaken a detailed check for active bird’s nests immediately before clearance and provided

written confirmation that no nests are present/birds will be harmed and/or there are appropriate

measures in place to protect nesting birds. Any such written confirmation shall be submitted to the

Planning Authority within 6 weeks of works commencing.

Reason: To protect breeding birds.

Appendix 2

DRAFT ROADS CONDITIONS

28. The vehicular access to the residential development, including visibility splays of 4.5 metres x 90.0

metres and any forward sight distance, shall be provided in accordance with drawing no. 103 Rev

03 bearing the date stamp 01 December 2020, prior to the commencement of any other

development hereby permitted. The area within the visibility splays and any forward sight line

shall be cleared to provide a level surface no higher than 250mm above the level of the adjoining

carriageway and such splays shall be retained and kept clear thereafter.

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

convenience of road users.

29. The vehicular access to the Gaelic Athletic Club (GAC), including visibility splays of 4.5 metres x

100.0 metres to the northwest and 2.4m x 50.0m to the southeast and any forward sight distance,

shall be provided in accordance with drawing no. 09 Rev 02 bearing the date stamp 17 June 2020,

prior to the commencement of any other development hereby permitted. The area within the

visibility splays and any forward sight line shall be cleared to provide a level surface no higher than

250mm above the level of the adjoining carriageway and such splays shall be retained and kept

clear thereafter.

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

convenience of road users.

30. The Gaelic Athletic Club development hereby permitted shall not come into operation until hard

surfaced areas have been constructed and permanently marked in accordance with the

approved drawing no. 09 Rev 02 bearing the date stamp 17 June 2020 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 other than for the parking and movement of

vehicles.

Reason: To ensure that adequate provision has been made for parking, servicing and traffic

circulation within the site.

Appendix 2

31. The Private Streets (Northern Ireland) Order 1980 as amended by the Private Streets

(Amendment) (Northern Ireland) Order 1992.

The Council hereby determines that the width, position and arrangement of the streets, and the

land to be regarded as being comprised in the streets, shall be as indicated on drawing no. 103

Rev 03 bearing the date stamp 01 December 2020.

Reason: To ensure there is a safe and convenient road system within the development and to

comply with the provisions of the Private Streets (Northern Ireland) Order 1980.

32. The Private Streets (Northern Ireland) Order 1980 as amended by the Private Streets

(Amendment) (Northern Ireland) Order 1992.

No other development hereby permitted shall be occupied or operational until the works

necessary for the improvement of the public road at both Bligh’s Lane and Fanad Drive / Central

Drive have been completed in accordance with the details outlined blue on drawing no. 103 Rev

03 bearing the date stamp 01 December 2020 and 104 Rev 02 bearing the date stamp 20

November 2020. The Department hereby attaches to the determination a requirement under

Article 3(4A) of the above Order that such works shall be carried out in accordance with an

agreement under Article 3 (4C).

Reason: To ensure that the road works considered necessary to provide a proper, safe and convenient

means of access to the development are carried out.

33. Notwithstanding the provisions of the Planning (General Development) (Northern Ireland) Order

1993, no buildings, walls or fences shall be erected, nor planting other than grass, flowers or

shrubs with a shallow root system and a mature height of less than 250 mm shall be carried out

in verges determined for adoption.

Reason: To ensure adequate visibility in the interests of road safety and the convenience of road users

and to prevent damage or obstruction to services.

34. The area hatched at sites 20-26 on drawing no. 103 Rev 03 bearing the date stamp 01 December

2020 shall be kept clear to provide a level surface no higher than 250mm above the level of the

adjoining carriageway to provide adequate visibility splays from the afore mentioned sites. No

walls or fences shall be erected, nor hedges nor formal rows of trees or planting other than grass,

flowers or shrubs with a shallow root system and a mature height of less than 250mm shall be

Appendix 2

carried out within or grown in this hatched area.

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

convenience of road users.

35. No dwelling(s) shall be occupied until that part of the service road which provides access to it

has been constructed to base course level and street lighting has been provided and is

operational.

Reason: To ensure the orderly development of the site and the road works necessary to provide

satisfactory access to each dwelling.

36. The wearing course to the service road referred to in condition 33 shall be applied on the

completion of each phase of the development.

Reason: To ensure the orderly development of the site and the road works necessary to provide

satisfactory access to each dwelling

37. The access gradient(s) to the dwelling(s) hereby permitted shall not exceed 8% (1 in 12.5) over

the first 5 m outside the road boundary. Where the vehicular access crosses footway, the access

gradient shall be between 4% (1 in 25) maximum and 2.5% (1 in 40) minimum and shall be formed

so that there is no abrupt change of slope along the footway.

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

convenience of road users.

38. If the finished ground level of the property, within 1.0m of the footway or verge, is greater than

150mm below the finished level of the adjoining footway or verge, a boundary fence or wall shall

be provided to a minimum height of 1.1 m above the footway or verge level.

Reason: To ensure the safety of pedestrians on the public road.

39. The development hereby permitted shall not be adopted until any highway structure / retaining

wall / culvert requiring Technical Approval, as specified in the Roads (NI) Order 1993, has been

approved and constructed in accordance with BD2 Technical Approval of Highways Structures:

Volume 1: Design Manual for Roads and Bridges.

Appendix 2

Reason: To ensure that the structure is designed and constructed in accordance with BD2 Technical

Approval of Highways Structures: Volume 1: Design Manual for Roads and Bridges.

40. The development hereby permitted shall not be occupied until the detailed design of the Vehicle

Restraint Systems (VRS) has been submitted to and approved by the planning authority in

accordance with the Director of Engineering Memorandum ‘Provision of Road Restraint Systems

- DEM 163/17’ and thereafter implemented.

Reason: In the interests of road safety.

41. No development should take place on-site until the method of sewage disposal has been agreed

in writing with Northern Ireland Water (NIW) or a consent to discharge has been granted under

the terms of water (NI) Order 1999.

Reason: To ensure a practical solution to sewage disposal is possible at this site.

42. Each building shall be provided with such sanitary pipework, foul drainage and rain-water

drainage as may be necessary for the hygienic and adequate disposal of foul water and rain-

water separately from that building. The drainage system should also be designed to minimise

the risk of wrongly connecting the sewage system to the rain-water drainage system, once the

buildings are occupied.

Reason: In order to decrease the risk of the incorrect diversion of sewage to drains carrying

rain/surface water to a waterway.