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Agenda and minutes

Town Planning Committee
Thursday, 18th June, 2009 4.30 pm

Venue: Council Chamber, City Hall, Belfast

Contact: Mr Joe Heaney, Committee Administrator 

Items
No. Item

1a

Apologies

Minutes:

            Apologies for inability to attend were reported from Councillors Jones, B. Kelly, McCausland and McClenaghan.

 

1b

Minutes

Minutes:

            The minutes of the meeting of 21st May were taken as read and signed as correct.  It was reported that those minutes, together with the minutes of 7th May, had been adopted by the Council at its meeting on 1st June, subject to:

 

(i)      the decision of the Town Planning Committee of 7th May under the heading “Planning Applications: Reconsidered Items – 47, 49 and the rear garden of 45 Diamond Gardens” adopting the recommendation of the Divisional Planning Manager to approve the application for the demolition of two dwellings and the erection of six two-storey semi-detached and two two-storey houses at 47, 49 and the rear garden of 45 Diamond Gardens, be rejected on the grounds that the development would be detrimental to the local residential amenity by reason of overdevelopment, intensification of the site and would result in dominance of adjacent residential properties;

 

(ii)     the omission of the minute of 21st May under the heading “Planning Applications – 4 Willowfield Crescent”, which, at the request of Councillor Empey, had been taken back to the Committee for further consideration; and

 

(iii)    the omission of matters in respect of which the Council had delegated its powers to the Committee.

 

2.

Routine Correspondence pdf icon PDF 52 KB

Minutes:

            It was reported that correspondence had been received from various Statutory Bodies, Agencies and other organisations in respect of the undernoted items:

 

Notification from the Roads Service of the making of Abandonment Orders in respect of Ridgeway Street and Clifton Street/Glenravel Street footpath.

 

Notification from the Roads Service of its intention to make an Abandonment Order in respect of a portion of Devonshire Way.

 

Notification from the Roads Service of its intention to make a Stopping?Up Order at SunningdaleGardens.

 

Notification from the Roads Service regarding the provision of a disabled parking bay at 32 Moorgate Street.

 

Notification from the Roads Service of its intention to introduce waiting restrictions on Castlereagh Street (at its junction with Templemore Avenue and Clandeboye Street).

 

Notification from the Northern Ireland Housing Executive confirming the making of Extinguishment of Public Rights-of-Way Orders relating to:

 

(i)      a portion of Koram Way;

 

(ii)     a footpath to the rear of Eliza Street;

 

(iii)    a portion of the footpath in McAuley Street;

 

(iv)    a portion of the footpath in Stewart Street;

 

(v)     a portion of the footpath to the rear of Upper Stanfield Street; and

 

(vi)    a portion of the footpath alongside 421-425 North Queen Street.

 

Notification from the Northern Ireland Housing Executive confirming the making of a Vesting Order relating to properties at Redevelopment Area 134 – Lawnbrook 2

 

            Copies of the Orders, letters and maps relating to the above matters were displayed at the meeting for the information of the Members.

 

            After discussion, the Committee noted the information which had been provided.

 

3.

Request for Deputations

Minutes:

            The Members’ Support Officer reported that a request had been received from Mr. John Irvine seeking to address the Committee in relation to his ongoing dispute with the Planning Service over its refusal to grant planning permission for alterations to his garage.

 

            After discussion, the Committee agreed that, since the application referred to was not before it currently for consideration and the dispute was already being dealt with by the Planning Service, an Agency for which the Council was not responsible, the request to address the Committee be not acceded to.

 

3a

Management Board Referral pdf icon PDF 400 KB

4.

Lands 85 metres south of 25 Harberton Park

Minutes:

            The Committee was advised that correspondence had been received from the Director of Operations, Planning Service Headquarters, in relation to the Committee’s decision of 5th February, to refer to the Planning Management Board an application for the demolition of buildings and the erection of a residential development comprising one hundred and forty units, on lands 85 metres south of 25 Harberton Park in respect of which the Divisional Planning Manager had offered a recommendation to approve.  The correspondence indicated that the Planning Management Board had considered the referral and had decided that it failed to meet the criteria as outlined in the Guidance for Councils on the Operation of the Management Board Referral Procedure which had been issued to all Councils in September, 2005 and revised May, 2007.  Accordingly, the Director of Operations had confirmed that the proposal would not be subject to a Management Board Referral.  In addition, the correspondence had indicated that a decision notice to approve the application would be issued to the applicants in due course.

 

Noted.

 

4a

Donegall Place Enabling Measures pdf icon PDF 106 KB

Additional documents:

Minutes:

            The Committee considered the undernoted report:

 

“Relevant Background Information

 

      Planning approval for the DSD Streets Ahead proposals for Donegall Place and Royal Avenue received endorsement from the Town Planning Committee on the 2nd April 2009. In order to progress the Streets Ahead programme in Donegall Place a number of changes are required to the traffic movements in the city centre and surrounding streets. Whilst there is no significant construction works Roads Service is required to make several Traffic Regulation Orders to facilitate the alterations to traffic movement and have commenced the consultation process for changes to Castle Street, Queen Street and Upper Queen Street. 

 

      Roads Service carried out informal consultations to provide business owners/occupiers on the frontages and other interested parties with the opportunity to discuss the draft proposals. A consultation Drop-In Event was held at PLACE on Fountain Street on Wednesday 28th and Thursday 29th January 2009. Roads Service also received some responses in writing, and have had held one-to-one meetings with a number of business and property owners.

 

Key Issues

 

      Roads Service has appointed consultants Arup to develop proposals to facilitate the DSD Streets Ahead proposals for removal of northbound traffic from Donegall Place. This phase of the Streets ahead will have implications on general traffic movements in the city centre and will involve re-routing of some bus services and alterations to existing traffic movements in surrounding streets.

 

      Roads Service consider that a number of Traffic Regulations Orders (TRO’s) will be required for Castle Street, Queen Street and Upper Queen Street to facilitate the alterations to traffic movements. There will be changes to the movement of scheduled bus routes with services that utilised northbound travel along Donegall Place being directed to Queen Street/Castle Street before rejoining Royal Avenue. The proposals are draft and may be subject to change following the consultation process. The key features of the proposed scheme are illustrated in Appendix 1 and include the following:

 

      Castle Street

 

·         Access only street

·         One way traffic from Queen Street to King Street (westbound)

·         A section of bus only street between Fountain Street and Donegall Place

·         Removal of on street parking

·         Introduction of formal loading bays and loading restrictions

·         On-road contraflow cycle lane from King Street to Queen Street

 

      Queen Street

 

·         Introduction of one-way traffic northbound

·         Access only street

·         Provision of new bus shelters on the west side of the street (to accommodate diverted bus services)

·         Changes to on street parking provision

·         Introduction of designated disabled parking bays

·         Introduction of formal loading bays and loading restrictions

 

      Upper Queen Street

 

·         Bus lane, new bus stops and shelters on the west side of the street

·         Changes to on street parking, including the introduction of dedicated disabled bays and loading facilities

 

      The statutory consultation process for the Traffic Regulation Orders will provide a further opportunity for statutory consultees including the council, business frontages and other interested parties to comment on the proposals. Notices will be placed along Castle Street, Queen Street and Upper Queen  ...  view the full minutes text for item 4a

5.

Planning Appeals

5a

Land between Shankill Parade and Boundary Street pdf icon PDF 792 KB

Minutes:

            The Committee was advised that correspondence had been received from the Divisional Planning Office indicating that a non-determination appeal had been lodged under Article 33 of the Planning (Northern Ireland) Order 1991 in relation to the relocation of the existing Shankill Surgery and the construction of one medical surgery, fifty-two apartments and four ground floor commercial units with associated parking at the above-mentioned location. 

 

            The correspondence had indicated further that, under paragraph 5.7 of the revised procedures for appeal hearing, the Divisional Planning Manager had advised that the Department’s view on the proposal was to refuse permission on the grounds that there was insufficient information submitted to the Department to enable it to ensure that the proposal would not prejudice the safety and convenience of road users.

 

            After discussion, the Committee noted the information which had been provided.

 

5b

75-81 Victoria Street pdf icon PDF 444 KB

Additional documents:

Minutes:

            The Committee was advised that correspondence had been received from the Divisional Planning Office indicating that an appeal, under Article 33 of the Planning (Northern Ireland) Order 1991 had been lodged in respect of several planning applications relating to the demolition of buildings and erection of office buildings at 75?81 Victoria Street. 

 

            The correspondence had indicated further that, under paragraph 5.7 of the revised procedures for appeal hearings, the Divisional Planning Manager wished to inform the Committee that the Department’s view on the several proposals was that planning permission be refused on the grounds that the proposed development was contrary to Policy BH12 of Planning Policy Statement No. 6 and, if permitted, would disrupt the setting of nearby listed buildings, in particular, St. George’s Church, by introducing a discordant scale to Victoria Street at a visually crucial location, thereby detrimentally affecting the appearance of the Conservation Area.

 

            The Committee noted the information which had been received.

 

6.

Appeals against Enforcement Notices

6a

Lands at 6-8 Queen Street pdf icon PDF 760 KB

Minutes:

            The Committee was advised that correspondence had been received from the Planning Appeals Commission indicating that an appeal against enforcement notice relating to the alleged unauthorised use of lands as a car park at 6-8 Queen Street had been lodged.  The Commission was required under Article 69(5) of the Planning (Northern Ireland) Order 1991 to notify the Council of such an appeal and, in exercising its powers, to take into account any representations received from the Council.

 

            After discussion, the Committee agreed to endorse the action of the Planning Service in taking enforcement action relating to the aforementioned development.

 

7.

Land at 101d Malone Avenue pdf icon PDF 1 MB

Minutes:

            The Committee was advised that correspondence had been received from the Planning Appeals Commission indicating that an appeal against an enforcement notice relating to the alleged unauthorised use of lands as an office, at 101d Malone Avenue had been lodged.  The Commission was required under Article 69(5) of the Planning (Northern Ireland) Order 1991 to notify the Council of such an appeal and, in exercising its powers, to take into account any representation received from the Council.

 

            After discussion, the Committee agreed to endorse the action of the Planning Service in taking enforcement action in relation to the aforementioned development.

 

8.

Planning Applications

8a

4 Willowfield Crescent pdf icon PDF 43 KB

Minutes:

            The Committee considered further a planning application relating to the demolition of a parochial house and erection thereat of sixteen apartments, which, at the request of Councillor Empey, had been taken back to the Committee for further consideration.  An extract of the minute in this regard is set out hereunder.

 

“Planning Applications

 

4 Willowfield Crescent

 

      The Committee considered a planning application in respect of the demolition of a parochial house and erection of sixteen apartments (twelve apartments in two three-storey blocks and four apartments in one two-storey block) and car parking (Amended Proposal) in respect of which the Divisional Planning Manager had issued an opinion to approve.

 

After discussion, the Committee, with one Member voting against, adopted the recommendation of the Divisional Planning Manager in regard to the planning application at 4 Willowfield Crescent.

 

(As the decision was not unanimous it was subject to ratification by the Council)”

 

            Councillor Empey requested that the Committee defer consideration of the matter to permit an office meeting to be held.  However, several Members expressed concern that a deferral would cause undue delay since the matter would not be dealt with until after the summer recess.

 

            After discussion, during which the Principal Planning Officer gave an assurance that he would meet with Councillor Empey and representatives of the objectors to the application prior to the July Council Meeting, the Committee agreed, with one Member voting against, to adopt the accommodation of the Divisional Planning Manager to approve the application.

 

(As the decision was not unanimous it was subject to notification by the Council.)

 

9.

1-3 Ravenhill Road

Minutes:

            The Committee was reminded that, at its meeting on 19th March, it had agreed to defer consideration of the application in relation to the mixed use development at 1-3 Ravenhill Road forming the headquarters of the Boys’ and Girls’ Clubs Northern Ireland and incorporating a café, a pontoon on the water, offices, conference/exhibition centre, rehearsal space, training rooms and residential accommodation in order to permit the applicant to address the Committee.  It was reported that Mr. A. Acheson, representing the applicant, was in attendance and was admitted to the meeting and welcomed by the Chairman.

 

            Mr. Acheson stated that, his company had prepared a carefully considered scheme to be located on what he described as a “Key Gateway Site” and which, in his view, complemented those developments which were already in place at the location.

 

            He pointed out that the application related to the site at the Albert Bridge, which was currently in the ownership of the Council and had been the location of a public toilet and a small riverside garden which was overgrown and had been vandalised.

 

            The Committee was advised that the proposed development would create a relationship with the Albert Bridge which was virtually identical to those developments which had been approved immediately across the Albertbridge Road to the north of the site.

 

            Mr. Acheson drew the Members’ attention to the Planning Service’s suggestion that the proposals were contrary to Policy BH8 of Planning Policy Statement 6: Planning, Archaeology and the Built Heritage.  He suggested that the development, by the use of specific materials, design and building techniques, would not impair or detract from the setting of the Albert Bridge.

 

            The Chairman informed Mr. Acheson that the Committee would consider the application further at a later date.  Mr. Acheson thanked the Committee for receiving him and he retired from the meeting.

 

            The Committee noted the information which had been provided and noted also that the application would be considered at a future meeting of the Committee.

 

10.

453-459 Antrim Road

Minutes:

            The Committee considered an application relating to the demolition of a building and the erection of twenty-nine apartments with associated car parking and landscaping at 453-459 Antrim Road in respect of which the Divisional Planning Manager had offered an opinion to approve.

 

            After discussion, the Committee agreed, with one Member voting against, to adopt the recommendation of the Divisional Planning Manager.

 

            (As the decision was not unanimous it was subject to ratification by the Council.)

 

 

11.

733, 733a, 733b and 735 Antrim Road

Minutes:

            The Committee considered a planning application in respect of the erection of four semi-detached houses, one detached dwelling and thirty-four apartments (in two blocks) with basement car parking, access roads and associated site works at the above-mentioned location in respect of which the Divisional Planning Manager had issued an opinion to approve.

 

            After discussion, the Committee agreed, with one Member voting against, to adopt the recommendation of the Divisional Planning Manager to approve the application.

 

            (As the decision was not unanimous it was subject to ratification by the Council.)

 

 

12.

Reconsidered Items pdf icon PDF 83 KB

13.

135 Shandon Park

Minutes:

            The Committee resumed consideration of a planning application for the demolition of a dwelling and its replacement with four detached dwellings and garages in respect of which the Divisional Planning Manager had offered an opinion to approve.

 

            After discussion, it was

 

            Moved by Councillor Hendron,

            Seconded by Councillor Empey,

 

      That the Committee agrees to reject the recommendation of the Divisional Planning Manager to approve the demolition of a dwelling at 135 Shandon Park and the replacement thereat with four detached dwellings and garages, on the grounds that the proposal would result in the loss of mature trees and planting which would have a detrimental effect on the character of the area.

 

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

 

            Accordingly, the Committee agreed to adopt the recommendation of the Divisional Planning Manager to approve the application.

 

            (As the decision was not unanimous it was subject to ratification by the Council.)

 

14.

Orpen Shopping Centre, Unit 5, Upper Lisburn Road

Minutes:

            The Committee considered further a planning application in relation to the change of use from a retail unit to a hot food bar at the above-mentioned address in respect of which the Divisional Planning Manager had issued an opinion to approve.

 

            After discussion, the Committee agreed, with one Member voting against, to adopt the recommendation of the Divisional Planning Manager to approve the application.

 

            (As the decision was not unanimous it was subject to ratification by the Council.)

 

15.

Reconsidered Items

Minutes:

            The Committee considered further the undernoted planning applications and, after discussion, agreed with the Divisional Planning Manager’s opinion thereon:

 

Site and Applicant

 

Proposal

Divisional Planning Manager’s Opinion

 

28 Station Road,

Mr. R. Arthur

Change of use from a dwelling to five apartments including extension and alterations

 

Approval

40 Church Lane,

Reavy and Company Solicitors

Erection between the first and second floor windows of 40 Church Lane an electronic sign

Refusal

1.  The proposal is contrary to Policy AD1 of Planning Policy Statement 17 “Control of Outdoor Advertisements” in that the proposal, if permitted, would harm the visual amenity and the character and appearance of the area due to its inappropriate siting on the host building, scale and proportions which would set an undesirable precedent for further similar signage, resulting in further harm to the character of the area.

2.  The proposal is contrary to Policy BH13 of the Department’s Planning Policy Statement 6: Planning, Archaeology and the Built Heritage in that the site lies within the Belfast City Centre Conservation Area and the sign would, if permitted, adversely affect its appearance and detract from the character of the building upon which it is to be displayed by reason of its inappropriate location which is unduly prominent and the use of an appropriate means of illumination.

 

16.

Reconsidered Items - Amended Opinion

Minutes:

            The Committee considered the undernoted planning applications for which the Divisional Planning Manager had offered a revised opinion and, after discussion, agreed with his opinion thereon:

 

Site and Applicant

 

Description

Divisional Planning Manager’s Opinion

 

86 Royal Avenue,

Cheque Cashpoint

 

Erection of shop fascia sign

Approval

86 Royal Avenue,

Cheque Cashpoint

(Listed Building)

Erection of shop fascia sign

Approval

 

17.

Applications Withdrawn

Minutes:

            The Committee noted that the undernoted planning applications had been withdrawn by the Divisional Planning Manager:

 

Site and Applicant

 

 

Proposal

1-3 Ravenhill Road,

The Patton Group

Mixed use development forming headquarters of the Boys’ and Girls’ Club Northern Ireland incorporating café, pontoon on water, offices, conference/exhibition centre and rehearsal space, training rooms and residential accommodation

 

1-3 Ravenhill Road,

The Patton Group

(Listed Building Consent)

 

Alterations to existing wall to form pedestrian access

30 Castlehill Park,

Mr. Andrews

Erection of a two-storey detached house to the side garden of 30 Castlehill Park with new access forming onto Stormont Park and incurtilage parking

 

            The Committee noted that the undernoted applications had been withdrawn by the applicants:

 

Site and Applicant

 

Proposal

39-41 Falls Road,

Mr. A. Rooney

Demolition of existing premises and erection of two one-bedroom and eighteen two-bedroom apartments and two retail units

 

Land to the north of

1 Norwood Court,

Mr. I. McMillen

 

Erection of four semi-detached dwellings

Elmgrove Primary School,

Beersbridge Road

Belfast Education and Library Board

Refurbishment, internal alterations and extension of school buildings to include classroom block, resource facilities, school hall and kitchen/dining block and new nursery (single storey), following demolition of dining hall

 

311-313 Upper Newtownards Road,

Urban Space

Demolition of building and construction of three-storey building retaining restaurant use at ground floor and office use on two upper floors

 

18.

Delegated Authority pdf icon PDF 269 KB

Minutes:

            The Committee noted a list of planning applications which had been approved under the delegated authority of the Committee at its meeting on 21st May.

 

19.

New Applications pdf icon PDF 145 KB

Minutes:

            The Committee noted a list of planning applications which had been received by the Divisional Planning Manager for the Belfast City Council area for the period from 12th May till 8th June.

 

20.

Schedule of Applications pdf icon PDF 264 KB

Minutes:

            The Committee considered the schedule of planning applications which had been submitted by the Divisional Planning Manager in respect of the Belfast City Council area and agreed to adopt the recommendations submitted in relation to the applications detailed therein with the exception of those referred to below:

 

Location

 

Proposal

2 Greenwood Avenue

SARCON (246) Limited

Demolition of single-storey office, change of land use to residential and proposed new build residential development of twelve eco?apartments [Deferred at the request of Councillor Empey to enable an office meeting to be held]

 

54-72 Tamar Street

Mr. Dawson

Erection of fourteen townhouses

[Deferred at the request of Councillor Hendron to enable an office meeting to take place]

 

Fortwilliam Grange,

Fortwillian Park

SARCON (249) Limited

Refurbishment and alterations to residential block (63 units).  Erection of a further 109 apartments with basement car parking and landscaping

[Deferred at the request of Councillor N. Dodds to enable an office meeting to be held]

 

36 Osbourne Park

Mr. and Mrs. M. McSherry

Demolition Within a Conservation Area

 

Demolition of dwelling

[Deferred at the request of Councillors Patterson and O’Neill to enable an office meeting to be held]

 

36 Osbourne Park

Mr. and Mrs. M. McSherry

Replacement of two-storey dwelling with an integral garage

[Deferred at the request of Councillors O’Neill and Patterson to enable an office meeting to be held]

 

Lands at Cabin Hill, Landsfield, Campbell College and Upper Newtownards Road

Antrim Construction Company

 

Erection of forty-five dwellings, semi-detached, terraced and apartments with detached garages and associated siteworks

[Deferred at the request of the Right Honourable the Lord Mayor (Councillor Long) to enable an office meeting to be held]

 

Location

 

Proposal

191-207 Shankill Road

Fullarmoon Limited

 

Demolition of building and construction of a four-storey mixed?use development comprising nine retail units, twenty-four two?bedroom apartments and two one-bedroom apartments

[Deferred at the request of Councillor Smyth to enable an office meeting to be held]

 

Dunmore Industrial Estate,

361 Alexander Park Avenue

CG Estate

New residential development comprising fifty-four social and affordable housing units consisting of eighteen family homes and thirty?six apartments with associated car parking

[Deferred at the request of Councillor McCausland to enable an office meeting to be held]

 

21 Downview Avenue

Mr. R. McKee

 

Erection of additional dwelling and side garden with associated landscaping and external works

[Deferred at the request of Councillor McCausland to enable an office meeting to be held]

 

Bryson Enterprise Centre,

1A Bryson Street

Mr. C. Tully

Erection of twenty-one apartments with associated car parking and siteworks

[Deferred at the request of Councillor A. Maskey to enable an office meeting to be held]

 

1 Rugby Avenue

War on Want

Change of use from office to apartments on first and second floor with alterations to rear return and side of terrace

[Deferred at the request of Councillor A. Maskey to allow an office meeting to be held]

 

2 Moatlands, Old Holywood Road

Mr. J. Gettis and

J.P. Developments

Demolition of two-storey dwelling and erection of three townhouses

[Deferred at  ...  view the full minutes text for item 20.

 

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