Agenda and minutes

An apology for inability to attend was reported for Councillor Garrett.

            The minutes of the meeting of 18th October 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 November, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

            The Chairperson (Councillor Whyte) declared an interest in relation to item 6a, LA04/2021/2856/O – Proposed mixed use regeneration development on lands surrounding the new Belfast Transport Hub, in that he had a professional relationship with the agent, Juno Planning, and he retired from the meeting.

(Deputy Chairperson, Councillor Maskey, in the Chair)

            The Committee noted that the following item had been withdrawn from the agenda:

·      LA04/2022/0311/F: Erection of 40 no. residential units and 2 no. commercial units with associated car parking, cycle storage servicing, landscaping with access off Balmoral Avenue. At The King's Hall and RUAS site, south of Upper Lisburn, Road/Balmoral Avenue, west of Harberton Park and north-east of Balmoral Golf Club, Belfast.

            The Committee noted the proposed abandonment of footpath at 312-320 Ormeau Road.

The Committee noted the Roumania Rise Street Extinguishment Order.

            The Committee noted the Planning decisions issued between 11th October and 3rd November 2022

            The Committee noted the Appeals Decisions.

            The Planning Manager reminded the Committee that, at its meeting in August, it had approved the application, subject to conditions and a Section 76 Planning Agreement, and granted delegated authority to the Director of Planning and Building Control to finalise the wording of the conditions and planning agreement.

            He explained that the outline planning application had proposed maximum vertical and horizontal parameters, the acceptability of which had been tested through an indicative scheme.

            He reported that the Applicant had subsequently requested that draft Condition 4, related to the maximum vertical parameters, be amended to include that the Council would give its prior written consent for any variation, to allow for flexibility in order to allow plant and other structural elements of the rooftop to exceed the maximum height parameters, and that officers recommended that the condition should be amended to the following:

4. No part of the development, including plant and other structural elements of the rooftop of buildings [emphasis], shall exceed the maximum height parameters as shown on Drawing Number 527-JMP-XX-XX-DR-A-2103 Revision P0X [to be updated] (Parameter Plan – Limits of vertical deviation above ground) uploaded to the Planning Portal on XX 2022, unless the Council gives its written approval to any variation through determination of application/s for approval of Reserved Matters for that part of the development.

Reason: To regulate the height and scale of development in the interests of good place making principles and character and appearance of the area.

            He further reported that the Applicant had sought a similar amendment to Condition 5, to allow exceedance of the maximum horizontal parameters, however, officers had not considered the argument to be sufficient to permit flexibility, and that, should the applicant wish to exceed the horizontal parameters shown in the approved plans, that it would be more appropriate to apply for a Non-material Change under Section 67 of the Planning Act (Northern Ireland) 2011.

            The Committee approved the application, including the amendment to draft condition 4 (maximum height parameters), subject to conditions and a Section 76 planning agreement, and delegated authority to the Director of Planning and Building Control to finalise the wording of the conditions and Section 76 planning agreement. Furthermore, delegated authority to explore appropriate restrictions on hours of operation of the restaurants, bars, leisure, food and drink etc.

            The Planning Manager explained that the application sought full planning permission and Conservation Area Consent to demolish and replace a current single storey commercial building, which had been operating as a coffee shop, with a new five storey building with ground floor restaurant/café, twelve apartments on the upper floor storeys, provision of bin storage and cycle areas.

            He advised the Committee that the site fell within the City Centre Conservation Area, but that the existing building had not been considered as having made a positive contribution to the character or appearance of the conservation area, and that the proposed replacement building would enhance the character and appearance of the Conservation Area and setting of the nearby listed buildings.  He added that, the proposed development would provide an acceptable level of amenity to prospective occupants and would support City Centre Living.

            He outlined the main issues to be considered:

·        The principle of the development;

·        Impact on the character and appearance of the City Centre Conservation Area;

·        Impact on the setting of Listed Buildings;

·        Impact on amenity of prospective occupiers;

·        Access, Movement and Parking;

·        Flooding;

·        Water/ Sewage and ecological impacts; and

·        The application site lies within the settlement limits.

            He informed the Committee that no objections had been received from DfI Roads, DfI Rivers or BCC Environmental Health, but that NI Water had objected on the basis of insufficient capacity within wastewater treatment works and the associated network.  He reported that, in response to NI Water’s objection, officers had further consulted with DAERA and Shared Environmental Services, who had advised that there was no clear evidence of environmental impact, but that a precautionary approach had been advised, with a condition required to prevent commencement of works until agreement had been reached with NI Water with regard to wastewater disposal.

            The Planning Manager referred to four late representations which had been received in objection to the application, which cited concerns regarding the historical value of the existing building, that vacant buildings across the city centre should be utilised before demolition is considered, and concerns about the availability of infrastructure to support the proposed development.  He informed the Committee that, having considered the comments, there had been no alteration of officers’ recommendation for approval.  

            The Committee approved the applications, subject to the notification of the application for Conservation Area Consent (LA04/2021/2869/DCA) for demolition to the Department for Infrastructure under Section 29 of the Planning Act (Northern Ireland) 2011, with conditions, and delegated authority to the Director of Planning and Building Control to finalise the wording of the conditions.

            The Planning Manager outlined the application which sought retrospective planning permission for the erection of a new tyre depot with associated parking, site works and new entrance onto Duncrue Road.  He highlighted the following key issues:

·        Principle of a new depot at this location;

·        Impact on the character and appearance of the area;

·        Access, Movement and Parking; and

·        Environmental Matters.

            He explained that the proposal had been considered acceptable, having regard to the Strategic Planning Policy Statement for Northern Ireland (SPPS), Belfast Urban Area Plan 2001 (BUAP), Draft Metropolitan Area Plan 2015 (BMAP), Planning Policy Statement 3 (PPS3) and Planning Policy Statement 4 (PPS4).

            He reported that, following consultation, neither DfI Roads, BCC Environmental Health, DAERA, NIEA nor NI Water had offered any objection to the application and that no third party representations had been received.

            He stated that the application had been recommended for approval as officers considered that the development would have no adverse impact on the character or appearance of the area, or on access, movement or parking.

            Following concern raised by a Member with regard to the consideration given to an existing cycle path adjacent to the site, the Committee agreed to defer consideration of the application and to write to the Department for Infrastructure Roads service to request a report on the impact of the proposal on the cycle path adjacent to the development and inquire as to why it had not been considered, and that the Department for Infrastructure would be invited to attend the meeting of the Committee when the application would next be considered.

            The Planning Manager outlined the application for a proposed floor art sculpture and associated site works on a grassed area adjacent to the pedestrian footpath, approximately 70m south of 5 Riverside Square. 

            He provided the Committee with a site location map and site layout imaging, together with a digital image of the proposed floor art sculpture.

            He reported that the proposal had been considered to be compliant with relevant policy and guidance and that the sculpture was a well-designed compatible use of the location which would contribute positively to the overall environmental quality of the area.

            He informed the Committee that, following advertisement in the local press, no representations had been received, and that DfI Roads had offered no objection to the proposal.

            The Committee approved the application, with conditions, and delegated authority to the Director of Planning and Building Control to finalise the wording of the conditions.

            The Principal Planning Officer outlined the application for partial demolition of existing buildings to facilitate a proposed extension to existing film studios and workshop facilities, to include virtual studios, on a site which had previously been used for industrial processes in the manufacturing and production of soft drinks.

            He reported that the site was located within an area of mixed uses which comprised industrial and warehousing uses along the Castlereagh Road and provided the Committee with a site location plan together with aerial and street views of the site.

            He explained the following key issues in the assessment of the proposal:

·        The principle of extensions at this location;

·        Design and layout considerations;

·        Impact on amenity / character of the area;

·        Impact on transport and other infrastructure.

·        Impact on natural environment;

·        Impact on Built heritage assets; and

·        Developer contributions.

            He informed the Committee that the proposal included the retention of 3m high fencing and floodlighting, located along the western and northern site boundaries, and that the fencing was not visible from the Castlereagh Road or Orby Close, due to existing boundary structures and landscaping.  He stated that, on balance, it was not considered that the fence would adversely impact on existing residents or dwellings in Orby Drive.

            He pointed out that no consultees had offered any objections to the application, but that two objections had been received, which raised concern with regard to dominance, visual and amenity impacts, lack of contact from the developer, and disturbance from construction activities.  He added that, with regard to the objections raised, it was not considered that the proposal would adversely impact on amenity, disturbance from construction would be for a limited period and would not result in long term or permanent impact on amenity, and that a lack of contact between the developer and third parties was not an issue for Council. 

            The Committee approved the application, with conditions, and delegated authority to the Director of Planning and Building Control to finalise the wording of the conditions.

            The Committee considered a report which outlined the application to vary Condition 17 of previously approved planning permission for the demolition of a derelict, former police station and the erection of a mixed-use development.

            The Committee approved the application, with conditions, and delegated authority to the Director of Planning and Building Control to finalise the wording of the conditions.

            The Planning Manager referred to the Committee’s decision taken at its meeting on 27th June, 2022, when it agreed to delegate authority to the Director of Planning and Building Control the determination of 97 local applications to which NI Water had offered objections.

            He reported that the Council had continued to receive objections from NI Water to a number of local applications and that delegated authority was being sought for the Director of Planning and Building Control to determine those applications which would have been delegated, under the Scheme of Delegation, were it not for the objection from NI Water.

            He explained that officers had been engaging with NI Water, over the previous months, to resolve those objections, and that NI Water had been actively considering a threshold for the scale and nature of development above which they would request to be consulted on future planning applications.  He stated that NI Water had lodged objections to local applications for one or both of the following reasons:

·        There was insufficient capacity at the local Waste Water Treatment Plant to support the proposed development; and/or

·        There was insufficient network capacity within existing Combined Storm Overflows to support the development.

            The Planning Manager pointed out that NI Water had not provided robust evidence to support its objections and that the Committee must be mindful that, were it to refuse planning permission based on an NI Water objection, it would need to provide robust evidence to the Planning Appeals Commission, should an applicant appeal a decision and that, in the absence of robust evidence, it would be unreasonable to refuse planning permission.

            The Planning Manager stressed that those Local applications with NI Water objections listed in the report could still be requested to be referred to the Committee for consideration under the Scheme of Delegation for Planning. Furthermore, if it transpired that those applications needed to be referred to the Committee for any other reason under the Scheme of Delegation other than the objection from NI Water, then they would still be reported to the Committee for a decision.

            The Committee agreed to delegate authority to the Director of Planning and Building Control to consider those local planning applications to which NI Water has objected.

            The Planning Manager informed the Committee that the Department for Infrastructure (DfI) was undertaking a public consultation on further expansion of permitted development rights, those of which could be carried out without the need to make a planning application to the Council in the following circumstances:

·        Installation of domestic microgeneration equipment (heat pumps); and

·        Installation of reverse vending machines.

            He outlined to the Committee those items which constituted microgeneration equipment and DfI’s plans for the introduction of reverse vending machines in order to change consumer behaviour, encourage higher levels of drinks container recycling and reduce litter.

            He pointed out that, whilst the proposed amendments, as set out in the public consultation were generally considered positive and welcomed, officers had the following concerns with regard to the proposals relating to the reverse vending machines:

·        The permitted development rights would allow reverse vending machines up to four metres in height – this would be excessive and a height restriction of two metres would seem more appropriate to human scale;

·        The permitted development rights would allow a footprint of up to 80sqm –a huge footprint, which could cause significant visual harm.  The footprint limitation should be reduced; and

·        The restriction on reverse vending machines in the wall of a shop may refer to machines installed, altered or replaced inside a shop – it should be made clear that works undertaken inside a building would not be development.

            He stated that it was recommended that the Council relay the aforementioned concerns in its response to the public consultation in order that DfI consolidate the proposed changes, previous and future changes to the original Planning (General Development Procedure) Order (Northern Ireland) 2015 into a single Order rather than having to cross reference the original 2015 Order with separate new Orders, which may prove confusing for practitioners and customers.

            The Committee endorsed the proposed changes to permitted development rights, and delegated authority to the Director of Planning and Building Control to finalise the wording of the consultation response.

            The Committee considered the undernoted report:

“1.0     Purpose of Report or Summary of main Issues

1.1       To update the Committee on amendments to the agreed Retention and Disposal Schedule (the Schedule), which sets out how the council manages physical and digital planning records and information. A copy of the Schedule is provided at Appendix 1.

2.0       Recommendations

2.1       The Committee is asked to note the amended Schedule which has been agreed with all planning authorities.

3.0       Main report

3.1       The new regional Planning IT system is scheduled to ‘go live’ on 05 December 2022. As part of the preparation work, an amended Retention and disposal Schedule has been agreed by all planning authorities (including Mid Ulster Council, which is not part of the regional IT project).

3.2       The retention periods and disposal actions set out in the Schedule at Appendix 1 apply to all official records in whatever format held, paper and electronic.  It provides the planning authorities with clear guidance on how to dispose of records promptly when they cease to be of any continuing administrative/legal value. It also identifies any records which should be transferred to the Public Records Office NI (PRONI) because of their long-term historical/research value.

3.3       The document has been updated to reflect changes to the Council’s business requirements. The new Planning IT system includes an integrated Electronic Document Management System and going forward electronic records will be the official record rather than paper records.  A module has been included in the new Planning IT system to manage the retention and disposal of electronic records.

3.4       The Public Records Office of NI has approved the Schedule.

3.5       Financial & Resource Implications

            None identified.

3.6       Equality or Good Relations Implications/Rural Needs Assessment

            There are no equality implications with this report.”

            The Committee noted the amended schedule.

            The Committee considered the undernoted report:

“1.0     Purpose of Report or Summary of Main Issues

1.1       The Department for Infrastructure (DfI) has published its third annual performance report that highlights the performance of statutory consultees in the planning process.

1.2       The performance report is appended at Appendix 1 and is for notation.

2.0       Recommendation

2.1       That the Committee notes this report.

3.0       Main Report

            Background

3.1       Statutory consultees play an important part in the planning application process by providing the Council with technical advice in specialist areas such as transport, the environment, ecology, historic buildings, waste water infrastructure etc. Their formal engagement in the process is a legislative requirement for certain types of planning application as prescribed by the Planning (General Development Procedure) Order (Northern Ireland) 2015.

3.2       DfI publishes an annual report on statutory consultee performance. It recently published its performance report for 2021/22, which is reported to the Committee for notation. A copy of the performance report is provided at Appendix 1.

            Key information

3.3       The Department’s performance report includes a range of statistics and data. Some of the ‘highlights’ from the 2021/22 report are listed below.

·        The total number of consultations issued to statutory consultees across the region rose by 15% between 2020/21 (23,721) and 2021/22 (27,191). Whilst there was a 15% uplift in the number of consultations issued, the number of applications received increased only by 6%, which indicates that the consultation rate per application rose appreciably during this period.

·        An average of 69% of statutory consultations were responded to within time within the statutory 21-day period. For Local applications, 70% (78% for Belfast) of responses were received within time, whereas for Major applications it was only 56% (63% for Belfast).

·        95% of consultations were for Local applications (which make up 99% of applications) with 5% consultations on Major applications (1%). Therefore, there is a much high rate of consultations issued on Major applications than Local applications. This raises the question of whether there is over-consultation on applications for Major development.

·        The most often consulted statutory consultee was DfI Roads with nearly 12,000 consultations issued across the region; this was followed by DAERA and NI Water with around 4,000 consultations; DfC/HED with 3,500 consultations and Dfi Rivers with just under 3,000 consultations

·        Statutory performance by organisation was as follows:

-       Dfi Roads – 69%

-       DAERA – 63%

-       NI Water – 97%

-       DfC/HED – 65%

-       DfI Rivers – 40%

-       NIHE – 79%

3.4       Officers advise that the performance report published by the Department is useful but would benefit from a much deeper dive of the information.  For example, the report should include information around average consultee performance by organisation by council area to assess whether consultees are performing better in some council areas than others. Also, the statutory measure of whether or not consultation responses are received within the statutory 21-day consultation period is binary whereas it would be valuable to know the average length of time taken by consultees to respond,  ...  view the full minutes text for item 22.

            The Principal Planning Officer provided the Committee with an overview of the Council’s Housing Land Availability Summary Report for the 2021/22 monitoring period. 

            He explained that the report presented the outcomes of housing land monitoring and provided a snapshot of the amount of land available for new residential development as of 1st April, 2021, that can inform house-builders on the availability of land that may be suitable for housing.

            He highlighted the following key points:

·        The total number of dwellings completed had increased by 25.0% from 603 in 2020/21 to 754 in the current monitor year;

·        The proportion of units completed for the district on both housing or mixed use zoned land had increased from 29.0% in 2020/21 to 36.3% in the current monitor year;

·        Sites featured in the annual reports were based on current planning policy designations and planning permissions;

·        A number of processes had been undertaken each monitor year in preparing the Housing Land Availability Monitor report, that included updating units completed on sites, use of Building Control non-domestic completion data to remove sites with developed for non-residential use, the addition of new sites to the housing monitor report and updating site statuses;

·        The annual Housing Land Availability Monitor Report was published on the Council’s website and along with an online map viewer; and

·        The SSA online map viewer visually illustrated the distribution throughout the city and provided key details for each site.

            He stated that the Housing Monitor Report presented factual information and made no recommendations with regard to the future allocation of land for housing.

            The Committee noted the outcomes of the annual Housing Monitor Report for 2021/22 and agreed to the publication of the summary document and accompanying online map portal on the Council’s website.

            The Principal Planning Officer referred the Committee to the draft Employment Land Monitor Report 2021/22 and explained that the primary purpose of the report was to inform decision making and the ongoing performance of policy in respect of land supply across the city and ensure sufficient employment floorspace would be available for the anticipated demand of 550,000 square metres over the plan period.

            He reported that floor space data was gathered from planning approvals and matched with Building Control commencements and completions data.  He added that the floorspace figures for vacant employment land had been calculated using a best practice guide of 40% building to plot ratio.

            The Principal Planning Officer highlighted the following key issues in the report:

·        There had been approximately 27,000 square metres of employment floor space completed in the monitor year 2021/22;

·        5,000 m2 of employment floorspace had been lost to alternative uses in the same year;

·        There had been a net change of +22,500 square metres in employment floorspace, factoring in losses of employment floorspace;

·        As of 31st March, there were approximately 70,000 square metres of employment floorspace under construction across the city;

·        Yield from planning approvals for employment use accounted for approximately 433,000 square metres; and

·        Yield from extant planning permissions which result in a loss of employment floorspace was approximately 70,000 square metres.

            He stated that an online interactive map portal was being developed to allow customers to view the detail of individual sites across the city, along with other spatial mapping for the Local Development Plan, and that the Employment Land Monitor would allow the Council to determine the amount and location of employment land to be retained or released for other uses, as it progresses towards the next stage of the plan.

            The Committee agreed to note the proposed form and content of the draft Employment Land Monitor report for 2021/22.

            The Principal Planning Officer outlined the Department for Infrastructure’s (DfI) draft Development Practice Note 11 – Receipt of Independent Examination Report and Adoption of a Development Plan Document (DPPN11) on the adoption of Local Development Plan documents and informed the Committee that DfI had requested comments on the draft DPPN.

            He informed the Committee that the guidance related to the final stages of the Local Development Plan preparation process and DfI’s consideration of the Planning Appeals Commission’s report and recommendations.

            He pointed out the following issues raised in the proposed Council response:

•        78 recommended amendments, which largely related to minor changes to wording and errors;

•        Three of the proposed modifications related to the inclusion of a new strategic policy to address the phasing of development and infrastructure provision;

•        Direction from the DfI required further engagement and consultation with regard to the introduction of the new strategic policy, prior to any formal adoption; and

•        The Planning Appeals Commission had also recognised the value of the emerging Supplementary Planning Guidance, where it elucidated on the policies in the new plan.

            The Committee noted the report and approved the proposed response to DfI.

            The Committee to hold meetings, at 5pm, on the following dates in 2023:

·        Tuesday, 17th January;

·        Thursday, 19th January (for Workshop);

·        Tuesday, 14th February;

·        Thursday, 16th February (for Workshop);

·        Tuesday, 14th March;

·        Tuesday, 16th March (for Workshop)

·        Tuesday, 13th April;

·        No meetings in May (election)

·        Tuesday, 13th June;

·        Thursday, 15th June (for Workshop);

·        No meetings in July (recess)

·        Tuesday, 15th August;

·        Thursday, 17th August (for Workshop);

·        Tuesday, 19th September;

·        Thursday, 21st September (for Workshop);

·        Tuesday, 17th October;

·        Thursday, 19th October (for Workshop);

·        Tuesday, 14th November;

·        Thursday, 16th November (for Workshop);

·        Tuesday, 12th December; and

·        Thursday, 14th December (if required).

            The information contained in the reports associated with the following item 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 meeting during discussion of the following 4 items as, due to the nature of the item, there would be a disclosure of exempt information as described in Section 42(4) and Section 6 of the Local Government Act (Northern Ireland) 2014.

            The Planning Manager provided the Committee with an update on the project to replace the Planning Portal and the proposed timetable for its implementation.

            The Committee noted the update.