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.

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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

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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

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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.

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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.

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(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

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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.