Agenda and minutes

            Apologies for inability to attend were reported from Councillors Garrett and Murphy.

            The minutes of the meetings of 11th and 13th June were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council at its meeting on 1st July, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

            Councillor O’Hara declared an interest in Item 6a, LA04/2019/0896/F – Demolition of vacant bank and erection of a mixed use development – 1 retail unit and 1 café/restaurant unit, 8 apartments, landscaping and associated site and access works at 423 – 427 Ormeau Road, in that his partner was related to one of the objectors, so he would leave the room whilst the Committee considered the application.

            Councillor Groogan declared an interest in Item 6a, LA04/2019/0896/F – Demolition of vacant bank and erection of a mixed use development – 1 retail unit and 1 café/restaurant unit, 8 apartments, landscaping and associated site and access works at 423 – 427 Ormeau Road, in that she would be speaking against the application and would therefore leave the room whilst the Committee considered the application.

            Councillor Nicholl declared an interest in Item 6b, LA04/2018/0328/F – 14 houses and pumping station at Finaghy Park Central, in that she would be speaking against the application and would therefore leave the room whilst the Committee considered the application.

            It was noted that the Committee had undertaken site visits on 18th July in respect of two applications, LA04/2019/0896/F – Demolition of vacant bank and erection of a mixed use development – 1 retail unit and 1 café/restaurant unit, 8 apartments, landscaping and associated site and access works at 423-427 Ormeau Road and LA04/2018/2649/F – Demolition of existing building and construction of 178 apartments, a gym, 3 retail units and associated car parking and landscaping on lands at 3-9 Dalton Street (bordered by Middlepath Street and Bridge End).

            It was also noted that the Committee had undertaken a site visit on 8th August in respect of application LA04/2018/0328/F – 14 houses and pumping station at Finaghy Park Central.

            The Committee was apprised of correspondence which had been received relating to the:

·        proposed abandonment of land/footpath at 11 Chichester Street, BT1 4JA; and

·        an extinguishment of a Public Right of Way Order No. 1 at lands at Westlink Pathway, starting to the rear of 68 Cullingtree Road and 4 Quadrant Place and extending to the rear of 8 Quadrant Place, along with a portion of pathway to the rear of 11 Quadrant Place.

            The Committee noted the correspondence.

            The Committee noted the receipt of correspondence in respect of a number of planning appeals which had been submitted to the Planning Appeals Commission, together with the outcomes of a range of hearings which had been considered by the Commission.

            The Committee noted a list of decisions which had been taken under the delegated authority of the Director of Planning and Building Control, together with all other planning decisions which had been issued by the Planning Department between 25th June and 5th August, 2019.

            In response to a request from a Member, officers agreed to check the enforcement position of decisions 19/1170/LDE and 19/1299/LDE.

            (Councillor O’Hara declared an interest in the item, in that his partner was related to one of the objectors against the application, and he left the room for the duration of the discussion.

            Councillor Groogan declared an interest in the item, in that she had assisted residents with an objection to the application and explained that she would be speaking against the application.  She left the room while the Committee considered the application.)

            The case officer reminded the Committee that, at its meeting on 2nd July, it had agreed to defer consideration of the proposal in order to undertake a site visit to allow Members to acquaint themselves with the location and the proposals at first hand.  She explained that the site visit had taken place on 18th July.

            The case officer provided the Committee with the principal aspects of the proposals, which included the construction of a three storey mixed-use development.

            She explained that the site was unzoned whiteland within the development limits of Belfast as designated in the Belfast Urban Area Plan (BUAP) and that it fell within a designated shopping and commercial area along the arterial route of the Ormeau Road in the draft Belfast Metropolitan Area Plan (BMAP).  The Members were advised that, overall, the proposal would help reinstate the role and function of the arterial route through the restoration of a gap site in accordance with SPPS and draft BMAP.

            The Members were advised that the separation distances were considered acceptable in relation to the properties to the rear of the site and that the corners to the rear of the building had been reduced to 2 storeys, in order to minimise impact on the surrounding buildings.

            The case officer explained that one objection had been received from a resident of a neighbouring property, citing concerns with access to the site during construction, disruption and noise pollution, the location of waste management and recycling facilities, rodent infestation and seeking assurance that the existing limited parking on the street would be unaffected.

            The Members were advised that no objections had been received from statutory consultees, subject to conditions, and drew the Committee’s attention to a number of conditions which had been recommended by Environmental Health.

            The Committee was advised that Councillor Groogan wished to speak against the application.  She outlined that the application was within the draft Ormeau Area of Townscape Character (ATC) and that she felt that the plans did not enhance the distinctive character of the ATC, particularly in reference to the use of white render in the proposals.  She explained that she felt that the designs relied too heavily on the Curzon site and that the proposed building was higher than the existing buildings either side of it.  She also raised concerns regarding the separation distances between the proposed development and the properties behind and that she felt it would lead to overlooking and overshadowing.

            The Chairperson welcomed Mr T. Stokes, agent, to the meeting.  ...  view the full minutes text for item 8a

            (Councillor Nicholl declared an interest in the item in that she had assisted residents with an objection to the application and advised the Committee that she would be speaking against it.  She left the room while the Committee considered the application.)

            The case officer reminded the Committee that it had deferred consideration of the application in order to undertake a site visit to allow Members to acquaint themselves with the location and the proposals at first hand.  She explained that a visit to the site had initially been attended by Members on 1st August but that they had been unable to gain access on that date.  A site visit for Members took place on 8th August.

            She provided the Committee with the key aspects of the application for 10 semi-detached and 4 detached dwellings, garages, associated car parking and a pumping station. 

            The Committee was advised that, under the adopted Belfast Urban Area Plan 2001, the site was unzoned white land and, under both the current draft Belfast Metropolitan Area Plan (dBMAP) 2015 and the 2004 version, a portion of the site fell within the proposed Finaghy Area of Townscape Character.  The case officer explained that the proposed land use for housing was considered acceptable in principle, providing that it was compatible with all other relevant planning policy.

            She advised the Committee that the proposed layout of the development was deemed acceptable and it was considered that the site could accommodate the proposed number of dwellings of the scale and mass proposed, without detrimentally impacting on the residential amenity of existing neighbours.  She added that the proposals met all space standards and that in-curtilage parking was provided for each dwelling, in addition to 8 visitor parking spaces. 

            In relation to the proposed amenity space for each dwelling, the case officer outlined that each of the proposed dwellings exceeded the minimum requirement of 40m², with 13 out of the 14 dwellings exceeding the recommended 70m² as set out in Creating Places.

            The case officer advised that an office meeting with residents, facilitated by Councillor Nicholl, had taken place on 30th July.  She explained that a number of issues were discussed with the residents, including information relating to traffic, the sewerage system and the scale of the development.  The case officer confirmed that no requests for Tree Preservation Orders (TPOs) had been recorded for the site in the past 12 years.

            She advised the Committee that NI Water and Environmental Health had both requested additional information in relation to the proposed pumping station and, having since received the information, had confirmed that they were content.

            The Chairperson welcomed Councillor Nicholl, who wished to address the Committee on behalf of some nearby residents.  Councillor Nicholl thanked the officers for the informative residents’ meeting which had been held on 30th July, where the majority of their concerns had been addressed.  

            She explained that the residents which she was representing were not against any development taking place  ...  view the full minutes text for item 8b

(Alderman Rodgers left the meeting at this point)

            The Committee was apprised of the principal aspects of the application for two storey dwellings. She explained that the site was located within an inner urban area of the north west of the City and was part of a wider residential programme to replace old terraced housing stock in the area.  The Members were advised that the adopted Belfast Urban Area Plan 2001 designated the site as a Housing Action Area, whereas in the draft Belfast Metropolitan Area Plan 2015, the area was within the proposed Shankill Area of Townscape Character.  She explained that the Housing Strategy of BUAP 2001 included the renewal of poor housing stock as a development priority, where Policy H2 identified the clearance and rebuilding of unfit houses and that the principle of development was therefore acceptable.

            The Committee was advised that the density of the proposed development was lower than the surrounding area, which ensured that each dwelling benefitted from front and rear gardens in lieu of the previous small rear yards.

            In relation to parking, the case officer explained that ten in-curtilage spaces and 43 on-street spaces were proposed and, whilst this was less than the specified parking standard, given the sites inner urban location with good access to local amenities and public transport links, it was considered acceptable.

            The Members were advised that Environmental Health, DfI Roads, NI Water, Rivers Agency, HED and NIEA had confirmed that they had no objections to the proposals.

            The case officer outlined that a letter of support had been received.  She also advised the Members that two letters had also been received which had no objection to the lands being used for housing but had raised concerns relating to construction traffic and seeking clarification on a boundary which was located outside of the site.

            The Committee granted approval to the application, subject to the imposing of the conditions set out within the case officer’s report and delegated power to the Director of Planning and Building Control for the final wording of the conditions.

(Alderman Rodgers returned to the meeting at this point)

            The case officer reminded the Committee that, at its meeting on 2nd July, it had agreed to defer consideration of the proposal in order to undertake a site visit to allow Members to acquaint themselves with the location and the proposals at first hand.  He explained that the site visit had taken place on 18th July.

            He provided the Committee with the details of the proposed development for a building of no more than 17 storeys.

            The case officer outlined that the site fell within the City Centre boundary in both versions of dBMAP and he advised the Committee that the proposed uses were broadly acceptable.  He explained that a previous permission, which had since expired, had been granted for the site which, similarly to the current application, comprised residential, retail and office uses.  Accordingly, he advised the Members that the principle of development and mix of uses were considered acceptable.

            He advised the Members that one objection from a neighbouring property had been received raising potential issues during construction.  As it was a civil matter, he explained that this issue lay outside of the planning process.

            The Committee’s attention was drawn to the Late Items Pack, where two outstanding consultation responses had been received, from the Historic Environment Division (HED) and from the Department for Infrastructure (DfI), both of which had no objections subject to conditions.

            The Committee was advised that the proposed materials, design and fenestration were consistent with the area and were considered acceptable.  The case officer explained that each unit had adequate outlook to the street and that they were all in accordance with, or exceeded, the standards as set out in PPS7.

            The Committee approved the application and, in accordance with Section 76 of the Planning Act (Northern Ireland) 2015, delegated power to the Director of Planning and Building Control, in conjunction with the City Solicitor, to enter into discussions with the applicant to explore the scope of any planning agreements which might be realised at the site. The Committee also delegated power to the Director of Planning and Building Control for the final wording of the conditions.

            Before presentation of the application commenced, the Committee agreed to defer consideration of the application to enable a site visit to be undertaken to allow the Committee to acquaint itself with the location and the proposals at first hand.

            The Committee noted that, as the application had not been presented, all Members’ present at the next meeting, would be able to take part in the debate and vote on this item.

            Before presentation of the application commenced, a Member proposed that the application be deferred for a site visit.

            Moved by Councillor Hussey,

            Seconded by Alderman Rodgers

      That the application be deferred to enable a site visit to be undertaken to allow the Committee to acquaint itself with the location and the proposals at first hand.

            On a vote by show of hands, five Members voted for the proposal and five against.  As there was an equality of votes the Chairperson exercised his second and casting vote against the Motion and it was accordingly declared lost.

            Accordingly, the case officer provided the Committee with the principal aspects of the application.  She advised the Members that there had been an error in the report and that the application was for 77 units, 22 of which were own-door duplex townhouses and 55 of which were 3 person, 2 bedroom apartments.

            The Committee’s attention was drawn to the Late Items Pack, where an outstanding consultee response had been received from the Rivers Agency in relation to the submitted Drainage Assessment, stating that they had no objections subject to standing guidance.

            The case officer explained that, given the development plan zoning and the surrounding context which consisted of housing and a business park, the principle of housing at the site was acceptable, subject to detailed design and layout considerations.

            She outlined that DfI Roads, Environmental Health, Rivers Agency, NI Environment Agency, NI Housing Executive, NI Electricity and NI Water had no objections to the proposal, subject to conditions.

            The Members were advised that the proposed scheme would create a quality residential environment, contribute positively to the local environment through the development of a dilapidated site whilst reusing the historic mill building.  The case officer also explained that a Section 76 Agreement would be put in place to restrict occupancy to social housing and that this would therefore help to address need in the area.

            She confirmed to the Members that the proposal included enhancements to the public realm immediately abutting the site and the provision of open space.  She also explained that the agent was willing to provide public realm improvements onto the Crumlin Road and that it would be dealt with through a negative condition.

            In response to a Member’s question regarding the low provision of parking on the site, the case officer explained that the applicant had provided a survey of parking use for the adjacent social housing site, where a low level of car ownership had been demonstrated and that 68 car parking spaces for the site was therefore acceptable.

            The Committee approved the application and, in accordance with Section 76 of the Planning Act (Northern Ireland) 2015, delegated power to the Director of Planning and Building Control, in conjunction with the City Solicitor, to finalise the wording of conditions and to enter into the Section 76 Agreement.

            The case officer provided the Committee with the key details of the application.  He explained that the principle of demolition and the redevelopment with an 11 storey building had already been established under planning permission LA04/2017/2268/F.  He explained that the proposal in front of the Committee sought to amend that permission.

            The Committee was provided with an overview of the policies which the proposals had been measured against and the key issues which had been considered by officers, such as the principle of use on the site, access, movements, parking and transportation and impact on the Victoria Street/Oxford Street Area of Townscape Character (ATC).

            The Members were advised that the basement car park had been relocated to the ground floor, comprising 14 car parking spaces and 170 cycle parking spaces, with a proposed vehicular access from Gloucester Street.  The proposals also included that the top three floors would have a decreased set back from the original approval which he explained would still allow for the provision of a landscaped roof garden on the eighth floor.

            The case officer advised the Members that no objections had been received and that no statutory consultees had raised any issues of principle.  He explained that the Council’s Urban Design officer had expressed reservations about the scale and massing of the proposal in its entirety but had acknowledged that the visuals had shown the proposed amendments to make minimal changes to how the building would be viewed at street level and that it was therefore considered that the changes would be acceptable on balance.

            The Committee was advised that Rivers Agency had sought additional information in relation to the submitted Drainage Assessment and that it was therefore recommended that the Committee would delegate authority to the Director of Planning and Building Control to finalise the wording of the conditions.

            The Committee granted approval to the application, subject to the imposing of the conditions set out within the case officer’s report, and delegated power to the Director of Planning and Building Control for the final wording of the conditions.

            The Committee considered the undernoted report:

“1.0      Purpose of Report and Summary of Main Issues

1.1       ThepurposeofthisreportistoadvisetheCommitteeofNILGA’s2019Planning Training Programmeforelectedmembers (Appendix 1); seek permissionfortwoPlanningCommitteemembers to participate in the full programme; and to provide an outline programme for potential Committee workshops for August 2019 to April 2020 (Appendix 2).

2.0       Recommendation

2.1       The Committee is asked to:

·        note the appended NILGA 2019 Planning Training Programme for elected members;

·        approve the attendance of the Chair and Deputy Chair of Planning Committee, or theirnominees, to participate in the NILGA 2019Planning Training Programme; and

·        consider the draft Continuing development Programme for Committee Workshops.

3.0       Main Report

3.1       NILGA 2019Planning Training Programme Invitation

            NILGA has designed a regional elected member development programme for implementation during 2019-2020 following on from the 2018 pilot. The programme builds on the NILGA training initiative co-designed with the elected member development groups and the Regional Working Group.

3.2       The overall NILGA elected member development programme includes a strand in respect of a Local Planning Programme for elected members, a copy of which is set out at Appendix One. NILGA has commissioned the seven module programme, which will run from September 2019 into April 2020 based on the experience form the pilot in 2018. Each module will be held on a Friday afternoon with a proposed study trip in March 2020. At this stage it is anticipated that the venue for the training will be Antrim Civic Centre.

3.3       The programme will be interactive in nature and will be delivered by a pool of planning practitioners (details of the providers are included at Appendix 1). The programme will include short presentations; discussions; case studies and benchmarking practice in other jurisdictions; workshops with role play activity; a mock appeal; question & answer sessions; and an optional site visit to a council in Scotland.

3.4       A pre-requisite for the enrolment in the programme is that elected members who are nominated to attend must be in a position to complete all eight modules. Elected members who successfully complete the full programme, to a satisfactory standard, will be accredited with an endorsed Institute of Leadership and Management (ILM) development award.

3.5       Committee Workshops Programme

            Members previously identified a number of areas of planning that could be included as part of a continuing development programme and this Committee requested a session in relation to the Local Development Plan. The appended programme seeks to set out suggested workshop sessions which will focus on some of the key issues identified and provide both support to members and the opportunity to explore some of the issues in more detail outside of the formal Committee sessions.

3.6       To address the issues raised the draft continuing development programme, detailing the proposed sessions and the indicative content, is set out at Appendix 2.  It is proposed the programme will initially address the issues highlighted during previous discussions  ...  view the full minutes text for item 9a

The Committee considered the undernoted report:

“1.0      Purpose of Report or Summary of Main Issues

1.1       On 24 June 2019, the Department for Communities (DfC) launched a public consultation on proposed changes to the definition of Affordable Housing.  The current definition, which is set out in the Strategic Planning Policy Statement (SPPS) for Northern Ireland, sets the regional policy framework within which new local planning policies for affordable housing in the Local Development Plan (LDP) have been developed. 

1.2       This paper provides a brief overview of the proposed changes outlined within the consultation document and a summary of the draft response to be submitted by the Council.

2.0       Recommendations

2.1       It is recommended that the Committee:

·        Approve the draft Council Response (Appendix 1) to Definition of Affordable Housing Consultation for submission to DfC in advance of the consultation deadline on 13 September.

3.0       Background

3.1       The Department for Communities (DfC) launched a public consultation on proposed changes to the definition of Affordable Housing on 24 June 2019.  The move is aimed at improving access to suitable housing and therefore contributing to reducing housing stress.

3.2       The current definition of affordable housing, which is set out within the Strategic Planning Policy Statement (SPPS) for Northern Ireland, sets the regional policy framework within which new local planning policies for affordable housing in the Local Development Plan (LDP) have been developed.   It was drafted to reflect the affordable housing products available at the time of its development, namely social housing and intermediate (shared ownership) housing.

3.3       However, the overall policy and funding environment has moved on somewhat since the SPPS was developed and, with new LDP policies emerging across NI, DfC now consider it timely to provide a revised regional definition of affordable housing.  This is aimed at broadening the range of intermediate housing products available in NI to capitalise on opportunities presented as a result of new Government funding streams, the housing association sector’s desire to diversify and grow and innovative new construction methods and products from private developers.  The new definition of affordable housing will not impact on access to social housing.

3.4       As part of the emerging LDP, the Council published its draft Plan Strategy for public consultation on 20 September 2018.  This included a new affordable housing policy (HOU5), which built upon the existing definition of affordable housing, emphasising the recognition that the definition of intermediate housing ‘may change over time to incorporate other forms of housing tenure below market rates.’  The proposal to review the regional definition to broaden is therefore particularly welcome in the context of the emerging LDP.

4.0       Main Issues

4.1       The existing definition of affordable housing states:

            ‘For the purposes of the SPPS, ‘affordable housing’ relates to social rented housing and intermediate housing.’

4.2       Social housing is then defined in relation to provision by a registered housing association and offered to households in housing need with reference to the Common Selection Scheme.  The consultation paper does not  ...  view the full minutes text for item 9b

The information contained in the reports associated with the following two items is restricted in accordance with Part 1 of Schedule 6 of the Local Government Act (Northern Ireland) 2014.

      Resolved – That the Committee agrees to exclude the members of the Press and public from the Committee meeting during discussion of the following two items as, due to the nature of the items, there would be a disclosure of exempt information as described in Section 42(4) and Section 6 of the Local Government Act (NI) 2014.

(Councillor Brooks, Deputy Chairperson, in the Chair)

            The Planning Manager (Development Management) provided the Committee with an update on the current position on, and of the proposed governance arrangements for, spending pre-existing and future financial contributions which had been secured through Section 76 Planning Agreements.

            He explained that the proposed governance arrangements would be submitted to the Strategic Policy and Resources Committee for its approval later in the month.

            The Members were also advised that that an Annual Monitoring Report on financial developer contributions would be published each year.

            In response to a Member’s suggestion, the Director of Planning and Building Control agreed that the Planning Department would provide the Committee with updates on examples of good practice of where Section 76 Planning Agreements had made a positive impact on the City.

            The Committee noted the update provided.

            (Mr. K. Sutherland, Development Planning and Policy Manager, attended in connection with this item)

            The Committee was advised that, on 22nd July, the Department for Infrastructure (DfI) had issued the “Draft Development Plan Practice Note 10 – Submitting Development Plan Documents for Independent Examination”.

            The Development Planning and Policy Manager provided the Committee with an overview of the proposed guidance and a summary of the Council’s proposed response.  He outlined to the Committee a number of concerns which officers had in respect of the Practice Note.

            A number of Members expressed concerns that the document had been released over the summer months and shared the concerns which had been voiced by officers in relation to the meaning of the Practice Note.

            After discussion, the Committee agreed:

1.      that the proposed response be submitted to the Draft Development Plan Practice Note 10 - “Submitting Development Plan Documents for Independent Examination”;

2.      that a cover letter be included with the Council’s response, outlining Members’ concerns in relation to the document having been launched over the summer months, as well as the concerns and points of clarity which the officers had raised in relation to the proposed guidance; and

3.      that representatives from the Department for Infrastructure (DfI) be invited to a future meeting to discuss the guidance.