Post on 22-Sep-2020
Appendix 16
Derry City and Strabane District Council Planning Committee Report
COMMITTEE DATE: 7th March 2018
APPLICATION No: LA11/2017/0242/F
APPLICATION TYPE: Full
PROPOSAL: Retention of conversion of two storey mid terrace single occupancy dwelling
to a house of multiple occupancy
LOCATION: 20 Barry Street, Pennyburn, Derry, BT48 7PJ
APPLICANT: Dermot & Sinead McSorley
AGENT: Gavin Hegarty
ADVERTISEMENT: 14.03.2017
RE-ADVERTISEMENT: 26.12.2010 & 06.02.20187
STATUTORY EXPIRY: 21.02.2018
RECOMMENDATION: Approve
REASON FOR PRESENTATION TO COMMITTEE: More than 5 objections
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
This proposal is for a change of use from family house to house in multiple occupation which will have
four bedrooms.
2. EIA Determination
This application has been screened by Council and as the development does not meet any thresholds,
as set down in The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017,
an EIA determination is not required.
Appendix 16
3. Site and Surrounding Area
The site is located centrally within Barry Street on the northern side of the road. It is an existing two
storey mid terrace building. It is finished in smooth painted render with wooden sliding sash windows
and a red front door. There is a small garden area to the front and a small rear yard.
Figure 1 – Site Location Plan
Appendix 16
Figure 2 – Application Site
The site is located within Derry City and therefore within the development limit as defined by the
Derry Area Plan 2011 (DAP 2011). It also lies within the Central Area. This is a high density residential
area and is characterised by rows of terraced two storey dwellings. These appear to be predominantly
single occupancy residential units. There is one other approved HMO on the opposite side of the
street at number 35. There are also commercial uses in this area.
4. Site Constraints
Loughs Agency Consultation Zone
Appendix 16
5. Neighbour Notification
All neighbours and objectors were re-notfiied on 14/12/2017 regarding the additional information
received from the applicant and again on 24/01/2018 due to an amended desription of the proposal.
6. Relevant Site History
There are no applications related directly to the application site. The below history is relation to the
nearby HMO.
APP REF PROPOSAL SITE ADDRESS DECISION DATE
A/2004/0114/F Extension plus alterations to existing dwelling in compliance with HMO standards
35 Barry Street, Londonderry,
BT48 7PJ
Permission Granted
06.05.2004
7. Policy Framework
Regional Development Strategy (RDS) 2035
Derry Area Plan (DAP) 2011
Strategic Planning Policy Statement (SPPS) for Northern Ireland 2015
Planning Policy Statement (PPS) 7 Quality Residential Environments
Planning Policy Statement (PPS) 7 Addendum Safeguarding the Character of Established
Residential Areas
Planning Policy Statement (PPS) 3 Policy AMP 7 Car Parking and Servicing Arrangements:
Appendix 16
8. Consultee Responses
NI Water: This consultee has no objection subject to standard conditions and informatives
regarding water supply, sewage disposal and drainage.
Transport NI: TransportNI advise that the proposal requires 2 car park spaces and that
there is no in-curtilage parking available. They have provided informatives should
planning be satisfied that car parking provision is not required.
Environmental Health Department (EHD): EHD have been consulted due to the potential
impacts on residential amenity. They have no concerns and have provided standard
conditions and informatives in order to mitigate against any potential impacts.
9. Representations
17 letters of objection have been received. Notably no further objections were received following
both sets of re-neighbour notification as detailed in section 5. With regards to the letters received,
15 of these take the form of a single letter reproduced 15 times and signed by 15 objectors at 12
address on Governor Street. There are two individual letters from two separate addresses, one of
Governor Street and one on Barry Street. A summary of the nature of the objections is as follows:
1) Lack of parking on this street for residents which this proposal will add to.
2) Noise impact by more than one resident living in the property coming and going and fire doors.
3) Invasion of privacy by more than one resident living in the property.
4) Accountability should issues arise with more than one resident living in the property.
5) Devaluation of property.
6) A HMO is unneighbourly – out of keeping with family homes.
7) High turnover of individuals.
10. Summary of Additional Supporting Information submitted by Applicant
The applicant has stated that he purchased the property and has carried out significant
refurbishment to the property.
He advised he lets this property out to European students attending the Foyle Language
School. He stated that to date he has not received any complaints from the adjoining
neighbours regarding noise and that he recently (15th September 2017) spoke with the
neighbours either side and received positive feedback. These students do not have a
drinking culture.
Appendix 16
He also claimed that he has visited the property on a number of occasions and has found
no issues with parking.
He believes that the students are enhancing the economic viability of local business in the
area and have brought family and friends to visit the city.
He also stated that he has employed a local estate agent to support him in managing
issues when he cannot respond to instantly.
11. Planning Assessment of Policy & 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.
Regional Development Strategy for Northern Ireland 2035: The RDS is a key document within the
planning system. It sets out strategic guidance which is used in the preparation of development plans,
planning policy statements and urban regeneration initiatives.
Strategic Planning Policy Statement: This is a material consideration and supersedes PPS 1 General
Principles. This new policy statement is the context by which planning applications will be assessed
and determined.
Para.2.3 states that the planning system operates in the public interest of local communities. The basic
question is whether the proposal would unacceptably affect amenities of owners or occupiers of
neighbouring properties and the existing use of the land and buildings that ought to be protected in
the public interest.
Derry Area Plan 2011:
Proposal CA1 Central Area: The Central Area is delineated based on consideration of urban
function, land use, topography and townscape.
Proposal CA 5 Protection of Residential Stock: The importance of retaining existing residential
areas within the Central Area is seen as a contributor to the general well-being of the Central
Area. Therefore, in such areas changes from residential to non-residential will not normally
be permitted.
Appendix 16
Policy BE1 Urban Design: This policy requires development proposals to make a positive
contribution to townscape and be sensitive to the character of the area surrounding the site
in terms of design, scale and use of materials.
Planning Policy Statements
PPS 7 Quality Residential Environments: Policy QD 1 Quality in New Residential Development.
Addendum to Planning Policy Statement 7 Safeguarding the Character of Established
Residential Areas: Policy LC 2 The Conversion or Change of Use of Existing Buildings to Flats
or Apartments.
PPS 3 Access, Movement and Parking: Policy AMP 7 Car Parking and Servicing Arrangements
There are no changes proposed to the front and rear elevations of the building or to the existing
internal layout. As can be seen below, the submitted plans show that there will be four bedrooms
spread over two floors (approximate internal floor space 331 square metres). There is a communal
living room, kitchen utility room on the ground floor. Externally, there is a small rear yard.
Appendix 16
Figure 3 - Plans
In respect of HMOs and in consideration of the above outlined policy the following is considered.
Principle of use/conversion of this building to a HMO
Primarily part (c) of Policy LC 2 of PPS 7 Addendum states that in terms of floor space the original
property must be greater than 150 square metres gross internal floor-space to ensure that they are
suitable for conversion, however an exception is permitted where the site is within the city/town
centre, along key and link transport corridors/adjacent to main public transportation nodes.
This dwelling has a floor space of approximately 92 square meters measured internally. Whilst below
the threshold identified, the site is located within the Central Area, and is adjacent the Strand Road
which is a main road and Public Transport Corridor as identified in Map 3 of DAP 2011. Therefore, it is
considered that the proposal meets this exceptions test.
Appendix 16
In consideration of parts (d) and (e) of Policy LC 2 the occupants of the proposed HMO will have shared
bathrooms and a shared kitchen\living area. It is therefore self-contained for use only by these people.
The rooms will be spread over the front and rear of the property and have a shared access to the
communal outdoor area with a pedestrian access onto the public street. Therefore the proposal is
compliant in this respect.
Impact on Character – Residential use & loss of family sized accommodation
As detailed previously, the established character of this street is single family occupancy dwellings
with one dwelling having previously been converted to a HMO
A HMO does not fall within any use class as contained within The Planning (Use Classes) Order
(Northern Ireland) 2015 and is therefore considered 'sui generis'. A HMO is also considered to be one
unit of accommodation. The Housing (NI) Order 2003 identifies an HMO as a house occupied by more
than two qualifying persons - being persons who are not all members of the same family.
The proposed conversion would therefore result in a residential end use and it would therefore
protect residential stock in the area in accordance with CA5 of the Area Plan. There is therefore no
loss of residential stock.
In terms of loss of existing family accommodation there is only one other HMO along this street of 42
properties. Therefore it is considered that the majority of dwellings on this street will remain in single
family occupancy use. The introduction of this HMO at this location would therefore not be
individually significant or harmful to the predominant single family character of the area. Given that
no significant changes are proposed to the dwelling it could easily be re-inhabited by a family should
the building be required for that use in the future.
Therefore this proposal is considered to be in compliance with Policy CA5 of the DAP 2011, Policy QD
1 of PPS 7 and Policy LC 2 of PPS 7 Addendum.
Additionally, as stated previously this proposal is for residential use and as it is considered as a unit of
accommodation it will not significantly alter residential character, thus it will conform with the
established residential character of the area in accordance with Policy BH 12 of PPS 6. Should any
complaints arise this would be subject of investigation by EHD.
Appendix 16
Impact on Character – Appearance of the area
In terms of the appearance of the building, there are no amendments proposed. It will retain its
original brick work and decorative finishes, maintaining its uniformity with the adjacent dwellings in
the terraced row. Therefore it can be concluded that the proposal is in compliance with part Policy
QD 1 of PPS 7 and Policy LC 2 of PPS 7 Addendum as well as policy BE1 of the Area Plan which relates
to Urban Design.
Parking Provision
TransportNI have been consulted and have stated that under current parking guidelines the proposal
would require 4 parking spaces. There is no increase in the number of rooms proposed as what
currently exists. Therefore it could be assumed that 4 adults could reside at this property (in one
family unit) and have equivalent vehicles which would be parked on-street or in nearby streets/public
car parking. Therefore, approval of this HMO would not result in any additional parking requirement
which would exist if the property were to remain in use as a single dwelling.
The agent has been requested to carry out a parking survey of this street. This has been submitted
and demonstrates that on each day of the survey and at both times survey there was parking
availability (the least spaces available being 6). A Planning Official has also visited the street in Summer
and also when the University had returned and observed that parking space were readily available
within the adjacent streets.
Additionally, it is noted that this site is approximately 10 minutes walking distance from the City Centre
and is well served by local busses which run to Foyle Street bus centre and around the City. Therefore
having considered the above, it is concluded that the proposal complies with Policy AMP 7 of PPS 3
and Policy QD 1 of PPS 7, Policy LC 2 of PPS 7 Addendum and Policy TR 5 of the DAP.
Residential Amenity – Occupiers of the HMO
The drawings show that this building is afforded a defined garden/yard with amenity space to the rear
the building. This area is approximately 22 square metres and is also typical of the amenity space
arrangement provided by the properties along this terraced row. The amenity space provided is
Appendix 16
considered sufficient to accommodate this dwelling unit given that it is within walking distance to
public open space areas e.g. Brooke Park.
It therefore can be concluded that this proposal complies with Policy QD1 of PPS 7, Policy LC 2 of PPS
7 Addendum and the SPPS with regard to provision of amenity of the future occupants of this dwelling.
Residential Amenity – Impact on nearby properties
The main concerns with residential amenity are, raised by objectors is in regard to the over-looking
and noise which may result into nearby properties. There are however there are no additional
windows proposed other than what exists at present to accommodate the existing dwelling. Therefore
it can be concluded that this HMO would not adversely affect the amenity of those nearby residents
and will conform with the established character of the area and as such it complies with Policy QD1 of
PPS 7, Policy LC 2 of PPS 7 Addendum and the SPPS with regard to the amenity of the occupants of
nearby properties.
Precedent
Although there may be an issue with regards to a precedent for further HMO development elsewhere
in the area, the Council is in a position to control this in deciding future applications and assessing the
point at which the character of the area would be changed. Council would be of the opinion that point
has not been reached at this stage in this specific area/street.
With regards to the additional points raised in the objection letters, in relation to the turnover of
tenants and devaluation, Planning do not have any control over the residents of any property and
property value is not a material consideration and cannot be afforded any weight in the determining
of this proposal. Other questions posed by one of the complainants have been responded to.
Consideration of objections raised and letter of support
As detailed in the previous section,
It is considered that this street provides sufficient parking, public transport and proximity to
the town centre negates the need for a car and 4 adults could reside in this property if it were
to be retained as a single family dwelling thus could have 4 cars which require parking space.
This proposal will be for a residential end use. EHD have provide advice for the applicant
regarding building materials which he will be informed of to reduce noise impact
Appendix 16
In term of privacy there are no additional windows proposed. There will be no additional
degree of over looking into private rear amenity space other than what exists at present.
The presence of this HMO on this street does not adversely affect the established character
of single family dwellings which remain the predominant use.
With regards to accountability, the applicant has advised that he is an active landlord who
deals with any issues and that in his absence he has employed a local estate agent to support
him in managing issues when he cannot respond to instantly. This is outside of Planning
control. As discussed above, if any issue arise regarding noise and disturbance, EHD will
investigate upon receipt of a complaint.
In consideration of devaluation of property, this is not a material planning consideration
With regards to the claims that there will be a high turnover of individuals as previously
advised the end use is residential.
12. Conclusion and Recommendation
Having considered the policy context, representations and all other material considerations, it is
recommended that the Planning Committee gives consideration to the professional report and
recommendation to grant planning permission for the proposed development subject to the condition
set out in section 12.
13. Conditions
1. This decision notice is issued under Section 55 of The Planning Act (Northern Ireland) 2011.
Reason: This is a retrospective application.
2. Subject to the above conditions, the development shall be carried out in accordance with the
stamped approved drawings No 01 and 02, which were received on 22nd February 2017.
Reason: To ensure the development is carried out in accordance with the approved plans.