Agenda item

            The Committee agreed to consider the aforementioned applications together.

            The Development Engagement Manager explained that on 24th May, the High Court quashed the Council’s decision to grant planning permission for a Major office development at the junction of Stewart Street/East Bridge Street and West of Central Station (LA04/2016/0559/F). The Judicial Review was successful on two grounds:

·        Firstly, that the Planning Committee, when it made its resolution to grant permission in September 2016, failed to consider the change in status of the Belfast Metropolitan Plan (BMAP). This meant that the Belfast Urban Area Plan (BUAP) became the statutory plan and BMAP reverted to draft plan status. Moreover, officers should have ensured the application was put in front of the Planning Committee, in accordance with the Scheme of Delegation, to reassess it in the light of the adoption of BMAP being quashed; and

·        Secondly, that the Council failed to take account of the Planning Appeal Commission’s recommendation (ultimately rejected by the Ministers) that the application site should be designated for social housing.

            He informed the Committee that, in view of the High Court’s decision, the planning service had reviewed older applications which had previously been considered by the Planning Committee but where the decision had yet to be issued. It had identified the four aforementioned applications where the report to the Planning Committee did not adequately address the issues around the correct status of the BUAP and BMAP and/or the recommendations of the PAC following the examination of BMAP, therefore they had been submitted to the Planning Committee so that these aspects could be reconsidered.

            During discussion, the Divisional Solicitor advised that the addendum reports rectified the failures outlined by the High Court’s decision in relation to the consideration of BUAP, draft BMAP and the comments of the Planning Appeals Commission in the BMAP Inquiry process. She advised that a report in relation to the broader learning from the Judicial Review would be submitted for consideration at a future meeting.

Proposal

            Moved by Councillor Carson, and

            Seconded by Councillor Magee,

      That the Committee agrees to defer consideration of the applications pending a review of the outcome of the Judicial Review and its implications for the Planning Committee decision making.  

            On a vote by show of hands three Members voted for the proposal and five against and it was declared lost.

            The Committee agreed to proceed with consideration of the decisions without presentations from the case officer.

Z/2015/0118/F

            The case officer’s recommendation to approve the application was put to the Committee when five Members voted in favour and none against and it was declared carried. 

            Accordingly, the Committee. approved the application, subject to the imposing of the conditions set out in the case officer’s report 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 in relation to developer contributions and to enter into such a Section 76 Planning Agreement on behalf of the Council.

Z/2015/0176/F

            The case officer’s recommendation to approve the application was put to the Committee when five Members voted in favour and none against and it was declared carried. 

            Accordingly, the Committee. approved the application, subject to the imposing of the conditions set out in the case officer’s report 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 in relation to developer contributions and to enter into such a Section 76 Planning Agreement on behalf of the Council.

LA04/2015/0668/F

            The case officer’s recommendation to approve the application was put to the Committee when five Members voted in favour and none against and it was declared carried. 

            Accordingly, the Committee. approved the application, subject to the imposing of the conditions set out in the case officer’s report 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 in relation to developer contributions and to enter into such a Section 76 Planning Agreement on behalf of the Council.

LA04/2017/0562/F

            The case officer’s recommendation to approve the application was put to the Committee when five Members voted in favour and none against and it was declared carried. 

            Accordingly, the Committee. approved the application, subject to the imposing of the conditions set out in the case officer’s report 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 in relation to developer contributions and to enter into such a Section 76 Planning Agreement on behalf of the Council.