applicant mr & mrs john mcgowan, 1 boomhall, culmore,...
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Appendix 12
Derry City and Strabane District Council Planning Committee Report
COMMITTEE DATE: 3 May 2017
APPLICATION No: LA11/2016/0234/O
APPLICATION TYPE: Outline
PROPOSAL: Proposed two storey dwelling
LOCATION: 1 Boomhall Park, Culmore, Derry
APPLICANT: Mr & Mrs John McGowan, 1 Boomhall, Culmore, Derry
AGENT: Gradon Architecture, 9 Artillery Street, Cathedral Quarter, Derry BT48 6RG
ADVERTISEMENT: 30/03/2016
STATUTORY EXPIRY: 13/04/2016
RECOMMENDATION: Refuse
REASON FOR PRESENTATION TO COMMITTEE: recommendation to refuse
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 DevelopmentProposed two storey dwelling.
2. EIA Determination
The proposal is not EIA development.
3. Site and Surrounding Area
Site consists of a portion of the front garden of 1 Boomhall Park, including part of the existing
driveway. That host dwelling has a domestic curtilage of about 0.5Ha and the proposed site takes
up 0.07 Ha of that. The western boundary with 64 Gleneagles is a row of 8.0m high conifers. The
south-western boundary with 66 and 76 Gleneagles is a row of 6.0m high conifers with a 12.0m
high conifer close to the north-western end. The north-eastern boundary with the remainder of
the curtilage of the host dwelling is undefined on the ground but does straddle the existing private
driveway that accesses that dwelling.
Appendix 12
The site slopes moderately from north down to south. The area generally is low density residential
with parkland to the south and open land to the north. However, the dominating feature of this
area is the Foyle Bridge to the north and around
to the east.
Photo 1: Aerial view of the site
Site location map
Photo 2 (left) & 3 (right) View of the site from within the curtilage of No. 1 Boomhall Park
Appendix 12
Photo 4: View towards the site from the access to No. 1 Boomhall Park.
4. Site Constraints
There are no development plan zonings or other policy constraints
5. Neighbour Notification Report
6. Relevant Site History
A/1995/0578/O, Site for Housing, our reference A/1995/0578/O, appeal allowed 19 April 1996
A/1996/0653/F Road Layout for 4 no dwellings, Full approved 25 March 1997
Appendix 12
A/1998/0165 Erection of two storey detached dwelling and detached double garage, Full approved 5 June 1998
A/2008/0607/F Proposed 2 storey dwelling and garage at land adjacent to 1 Boomhall Park Londonderry, Refused 13 February 2009. Appeal dismissed 14 July 2010.
A/2014/0032/F, Proposed retention of 2 no log cabins for use as bed and breakfast, Full approved 2 December 2014
LA11/2015/0168/O Proposed two storey dwelling, application withdrawn 21 January 2016
7. Policy Framework
This proposal will be considered under the provisions of
the Derry Area Plan 2011containing policy H1 Housing Design and Layout
policies contained in the SPPSNI
policy QD1 contained in Planning Policy Statement 7: Quality Residential Environments.
PPS 7 Addendum: Safeguarding the Character of Established Residential Areas.
Further advice is given in DCAN 8: Housing in Existing Urban Areas
8. Consultee Responses
NIWater provided a set of comments to be attached to any approval notice that Council may
issue.
Loughs Agency has no objections in principle.
Transportni has not formally commented on this proposal as they require the site, as
outlined in red, to be extended to include the land necessary to access the public road (see
area shaded yellow on the submitted location map).
Should Council be of a mind to approve, this additional information will need to be provided
by the developer
9. Representations
6 neighbours were notified and there have been no objections or letters of support.
10. Planning Assessment, including Other Material Considerations
Section 6(4) of the Planning Act (NI) 2011 requires Council to make planning decisions in
accordance with the local development plan unless material considerations indicate otherwise.
Appendix 12
Therefore, this proposal has been assessed against the provisions of the Derry Area Plan 2011.
There are no zonings or policy constraints affecting this site.
PPS7 Policy QD1 sets down the following criteria to be satisfied before a housing development
can be approved:
(a) the development respects the surrounding context and is appropriate to the character and
topography of the site in terms of layout, scale, proportions, massing and appearance of
buildings, structures and landscaped and hard surfaced areas;
The proposal will not meet this criteria as the site is so restricted in ground area relative to
the other four dwellings in this housing development in that a dwelling that could be
accommodated on this site, would be out of character with the dwellings in terms of scale,
proportion and massing, amenity open space, set back and landscaping. The proposal will
not respect its surroundings in that the rear of the proposed dwelling, as indicated on the
submitted block plan would be overlooked by the front of 1 Boomhall Park.
Photo 5: View towards the site from the Foyle Bridge.
Application site.
Appendix 12
(b) Features of the archaeological and built heritage, and landscape features are identified and,
where appropriate, protected and integrated in a suitable manner into the overall design
and layout of the development;
The proportions of the site, as indicated in the above-mentioned block plan, would push
development of this site into the northern portion of the site. This in turn would have an
adverse impact on the established mature trees in the north-western portion of the site by
virtue of part of the building and all of the rear amenity open space being within the crown
spread of those trees. The landscape features of this site will not be protected by this
proposal and it is most likely tree removal will be necessary to provide sufficient space to
accommodate the proposed dwelling.
(c) Adequate provision is made for public and private open space and landscaped areas as an
integral part of the development. Where appropriate, planted areas or discrete groups of
trees will be required along site boundaries in order to soften the visual impact of the
development and assist in its integration with the surrounding area;
Again taking the lead from the submitted block plan, adequate provision for private amenity
open space to the rear of the proposed can only be achieved by encroaching on the
established vegetation within this site.
Photo 6
No. 01 Boomhall Park
Boundary not planted
Indicative site layout
Appendix 12
This indicative aerial photograph of the proposed site shows that existing boundary
vegetation requires removal. Vegetation shown along the boundary closest to No.1
Boomhall Park does not exist at present. A planted boundary such as this will take a
considerable time to mature and thereby provide privacy for the proposed dwelling. It is
likely that a hard boundary treatment such as close board fencing will be required in the
interim, the appearance of which will impact detrimentally on the character of the area.
(d) Adequate provision is made for necessary local neighbourhood facilities, to be provided by
the developer as an integral part of the development;
This policy is not relevant to this proposal.
(e) a movement pattern is provided that supports walking and cycling, meets the needs of
people whose mobility is impaired, respects existing public rights of way, provides adequate
and convenient access to public transport and incorporates traffic calming measures;
This criterion is not a consideration in this proposal as it is for one dwelling.
(f) Adequate and appropriate provision is made for parking;
The site does have the potential to provide adequate car parking standards in the front
garden.
(g) the design of the development draws upon the best local traditions of form, materials and
detailing;
The design of a dwelling is a matter for condition and consideration at Reserved Matters
stage.
(h) the design and layout will not create conflict with adjacent land uses and there is no
unacceptable adverse effect on existing or proposed properties in terms of overlooking, loss
of light, overshadowing, noise or other disturbance; and
Appendix 12
The proposal will create conflict with the adjacent dwelling at 1 Boomhall Park in that the
landscaping and garden setting of that substantial dwelling would be adversely effected by
the reduction in the site curtilage. The existing dwelling is in a prominent position when
viewed from the nearby vehicular approach to the Foyle Bridge 100 metres to the north-
east.
(i) the development is designed to deter crime and promote personal safety.
It would be accepted that a dwelling at this location may meet this criteria.
Policy LC 1 of PPS 7 Addendum also requires that after the criteria set down in policy QD1 are
considered, that (a) the proposed density is not significantly higher than that found in the
established residential area. In siting the proposed dwelling adjacent to Gleneagles, the agent has
suggested that the context for the site is Gleneagles. It is considered however that from the critical
viewpoint on Madam’s Bank Road (see photo 5 above), the context for the site is clearly Bomhall
Park. This development will be seen as an encroachment into the substantial plot boundaries that
will erode the character of Boomhall Park. The issue here is not that the new dwelling could be made
to read with the higher density housing in the adjacent Gleneagles housing development but that
the character in the form of the visual impact of the existing low density housing will be adversely
affected. It is considered that this piecemeal expansion of the housing density at first step breaches
sound planning where the character of this very low density housing area is unacceptably adversely
affected. There are 4 dwellings in Boomhall Park and the average plot size is approximately 0.5Ha.
The plot size for the proposed dwelling is approximately 0.1Ha. The proposed density is therefore
much higher and thereby out of character with Boom Hall Park. This criteria is also set down in Policy
H1 of the Derry Area Plan 2011 where it states that the scale and density of new development
should respect the location and characteristics of the site.
11. Conclusion and Recommendation
It is considered this proposal will not meet all of the criteria set down in policy QD1 of PPS7, Policy
LC1 of PPS7 addendum or policy H1 of DAP 2011 and must therefore be refused for the reasons
given below.
12. Proposed Reasons for Refusal
Appendix 12
1. The proposal is contrary to policy QD1 criteria (a) contained in Planning Policy Statement
7 Quality Residential Environments in that it would, if permitted, create an undesirable
fragmentation of the curtilage of an existing dwelling, which would result in an
inappropriate form of development and thus an unacceptable impact upon the
established character of the area.
2. The proposal is contrary to policy LC 1 criteria (a) contained in Planning Policy Statement
7 Addendum: Safeguarding the Character of Established Residential Areas, in that the
proposed density will be significantly higher than that found in the established residential
area of Boomhall Park.