Agenda and minutes

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

            The minutes of the Predetermination Hearing and meeting of 14th and 16th March were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council, at its meeting on 3rd April, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

            Councillor Hutchinson declared an interest in relation to item 5i, LA04/2023/2665/F - Replacement of existing all weather playing pitch with 3G pitch, new fencing, floodlights and dugouts. Loughside Recreation Centre, Shore Road, on the agenda, in that he had a relationship with Crusaders Football Club, and left the meeting while the item was being considered.

            Councillor Spratt declared an interest in relation to item 5k, LA04/2022/1499/F - Construction of new community wellbeing centre and cafe incorporating refurbishment and change of use of existing house, with a new adjacent community garden and men's shed facility. The Lockhouse 13 River Terrace, on the agenda, in that he was a Member of the South Belfast Area Based Working Group, and left the meeting while the item was under consideration.

            The Committee noted that the following items had been withdrawn from the agenda:

·        LA04/2023/2688/F - Application to vary condition 36 of LA04/2022/0293/F. Lands directly south of Titanic Belfast and north-west of Hamilton Dock located off Queens Road, Belfast; and

·        LA04/2021/1317/F & LA04/1318/DCA - Demolition of existing dwellings and erection of two new dwellings and associated site works. Nos. 450 and 448 Lisburn Road Belfast BT9 7GX.

            The Committee noted the Appeals Decisions.

            The Committee noted the Planning decisions issued between 1st and 31st March, 2023.

            The Planning Manager explained that the Belfast Local Development Plan, Plan Strategy would be adopted on 2nd May, 2023 and, having regard to Section 6(4) of the Planning Act (Northern Ireland) 2011, which stated that, in making any determinations under the Act, regard was to be given to the local development plan, unless material considerations indicated otherwise, that the Council would need to reassess all applications which had previously been considered by the Committee, but had not yet had a decision issued at the point of adoption.

            He informed the Committee that major applications, which had been previously decided by the Committee, but remained undetermined at the point of adoption, would be returned to the Committee for reconsideration in light of the new policies, as legislation dictated that major development must be determined by the Committee.

            He reported that it was being proposed that reassessment of undetermined local applications which had previously been decided by the Committee would be delegated to the Director of Planning and Building Control, with the exception of the following:

·          Those made by elected members of the Council;

·          Those made by Council staff at senior management grade (PO12) or above and all staff in Place and Economy Department and Legal Services;

·          Those made by the Council; and

·          Those in which the Council has an estate.

            The Committee noted the report and delegated authority to the Director of Planning and Building Control to reassess and determine Local applications that the Committee had previously decided, but which had not had a decision issued by 2nd May 2023, in the context of the new Belfast LDP Plan Strategy. This included the additional application LA04/2021/2396/F Conversion, alteration and demolition of rear return of former office building to 6No. apartments and construction of 30No. apartments, parking and associated developments; Land to the west and including No. 81 University Street (approved by the Planning Committee at its meeting of 14 March 2023.

            The Planning Manager provided the Committee with an update on the ongoing experimental procedure of processing planning applications following lean systems principles.

            He pointed out that, due to issues encountered with the implementation and extraction of accurate information from the new Planning Portal, it had not been possible to provide an illustrative overview of the current performance of the service and that officers were considering how to best present this information to the Committee.

            He highlighted key learnings to the Committee, outlined the next steps and stated that the Planning Service would continue to advocate the lean systems methodology to the Department for Infrastructure and new Interim Regional Planning Commission.

            The Committee noted the report.

            The Planning Manager provided the Committee with an overview of the Planning Appeals Commission’s appeal decision in respect of the Council’s decision to refuse planning permission for a Centralised Anaerobic Digestion (CAD) facility at the North Foreshore.

            The Committee noted the report.

            The Principal Planning Officer drew the Committee’s attention to a list of Local planning applications to which NI Water had submitted an objection to.

            She explained 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.

            She stated that, despite requests, NI Water had not provided robust evidence to support individual objections and that, were the Council to refuse planning permission based on NI Water’s concerns, it would need to provide robust evidence to the Planning Appeals Commission in the event that an applicant had appealed a decision, therefore, in the absence of robust evidence, it would be unreasonable to refuse planning permission.

            She reported that delegated authority was being sought for the Director of Planning and Building Control to determine only those applications which would have been dealt with under the Scheme of Delegation, were it not for an objection from NI Water.

            The Committee delegated authority to the Director of Planning and Building Control, those local Planning Applications to which NI Water had objected.

            The Committee considered the undernoted report:

“1.0      Purpose of Report or Summary of Main Issues

1.1       To advise the Committee that the Department for Infrastructure has introduced an inflationary uplift of planning fees as of 06 April 2023. SOLACE has also agreed to an increase in fees for Regional Property Certificates.

2.0       Recommendation

2.1       That the Committee notes the report.

3.0       Main Report

            Background

3.1       The Planning Fees (Amendment) Regulations (NI) stipulate the fees required for submission of a planning application. These are set centrally by the Department for Infrastructure (DfI). DfI last implemented an inflationary uplift to planning fees in 2019.

3.2       The NI Audit Office and Public Accounts Committee reviews of the NI planning system in 2022 both make recommendations to improve the financial sustainability of the system.

3.3       The NI Audit Office recommendation is: ‘…that the Department and councils work in partnership to ensure that the planning system is financially sustainable in the longer term.’

3.4       Similarly, Recommendation 11 of the Public Accounts Committee report recommends that: ‘The planning system must be financially sustainable and this requires an appropriate, long-term funding model. The Committee recommends that all those involved in delivering planning work together to achieve this. In the short term the Department should take the lead on bringing forward legislation on planning fees as a matter of urgency.’

3.5       Officers are very clear that the new inflationary uplift of planning fees does not address either of these recommendations, including the requirement to address the long-term financial sustainability of the NI planning system. A much more thorough review is required with collaboration between DfI, councils, customers and industry. In the shorter term, and as a minimum, there should be consideration of the introduction of fees for current non-chargeable applications such as Proposal of Application Notices (PANs), Discharge of Conditions, Non-Material Changes etc.

3.6       DfI’s current work programme for reform of the NI planning system does not address either of the NI Audit Office or Public Accounts Committee recommendations in respect of financial sustainability of the system. However, DfI has verbally recognised this and the Council continues to lobby the Department on this point.

            Inflationary Uplift

3.7       The Planning (Fees) (Amendment) Regulations (NI) 2023 came into effect on 06 April 2023 and applies a one-year inflationary uplift of 12.3% (based on RPI as at August 2022) across all existing fee categories. For example, this means that:

·        an extension, improvement or alteration of a dwellinghouse has increased from £291 to £327;

·        the erection of a single dwellinghouse has risen from £868 to £965; and

·        the erection of 50 dwellings has increased from £18,492 to £20,777.

3.8       A copy of the amended fee regulations is provided at Appendix 1. 

            Increase to Regional Property Certificate Fees

3.9       SOLACE has agreed to a 20% uplift in fees for Regional Property Certificates. A 15% uplift came into effect on 06 April 2023 and the 20% uplift will be implemented mid-May 2023.

4.0       Financial & Resource Implications

4.1       The  ...  view the full minutes text for item 12.

            The Planning Manager provided the Committee with an overview of the application and highlighted the following key issues for consideration in the assessment of the application:

·          The principle of the proposed residential use at this location;

·          Loss of employment land last used as industrial;

·          Loss of retail land within the designated Westwood District Centre;

·          Compatibility of housing with adjacent uses;

·          Design and layout;

·          Housing need;

·          Access, parking and traffic management; and

·          Other environmental considerations – Drainage, Contamination, Noise, Impact on Designated Sites/Natural Heritage Assets.

            He explained that the application site was located in an industrial/employment and commercial area, adjacent to two shopping centres and the surrounding lands were all in non-residential use.  He stated that officers considered that the introduction of a residential development in the area would not be compatible with the existing surroundings and that the development could adversely impact the existing businesses in the area which would benefit from permitted development rights to expand or change their current Use Class.

            He pointed out that the site was zoned as a Major Area of exiting Employment/Industry in the draft Belfast Metropolitan Area Plan (dBMAP) (v2004) and in dBMAP (v2014) it had been designated as part of the Westwood District Centre following an extension to the Westwood Centre and, whilst the zoning of the site had changed between the draft plans, a residential use on the site would not comply with either version of dBMAP.

            The Planning Manager informed the Committee that the Northern Ireland Housing Executive (NIHE) had confirmed that there was a need for affordable housing in the area which was a material consideration, however, officers did not consider the housing need sufficient to override the serious concerns about the appropriateness of the site for housing, and that the Senior Urban Design Officer had raised concern with regard to the suitability of the proposal, that included the outlook from the proposed units, pedestrian routes through the site and linear parking areas.

            He highlighted that NI Water had objected to the application on grounds of insufficient wastewater treatment capacity and foul sewage network capacity issues and that the Northern Ireland Environment Agency (NIEA) had concerns regarding foul sewage arrangements.

            He reported that, having had regard to the development plan, relevant policy context and other material considerations, the proposed development was not considered to be acceptable and it was recommended that full planning permission be refused for the following reasons:

·        The proposed development was located within a designated District Centre as identified in the draft Belfast Metropolitan Area Plan 2015 (v2014). The proposal would reduce the land available within the District Centre to deliver retail and other appropriate commercial uses and would fail to retain and consolidate the District Centre as a focus for local everyday shopping. The proposal was contrary to paragraph 6.276 of the SPPS and Designation  BT010/5 – Westwood Centre of the draft Belfast Metropolitan Area Plan 2015 (v2014);

·        The application site was surrounded by existing commercial  ...  view the full minutes text for item 14.

            The Senior Planning Officer outlined the history of the application to the Committee and pointed out that, following the meeting of the Committee held in March, Members had raised concern that the proposed development could have an, in principle, environmental impact on a live planning application for a proposed residential development for social housing on an adjacent site.

            She informed the Committee that officers had sought the view of Environmental Health and further information had been provided by the applicant to clarify the frequency of night-time activities and odour.  She stated that Environmental Health had advised that the approval of the proposed NI Water development would not have an adverse impact on the proposed housing development and that the need for out of hours access would be intermittent and the levels of activity on the site during nighttime hours would not give cause for noise impact concern.

            She reported that the RPS Odour Impact Assessment had concluded a low level impact and the odour source was not part of the proposed development and was situated outside of the application site.

            She stated that officers were satisfied that the proposed development would not give rise to unacceptable impacts and that the previous recommendation to approve the application remained unchanged.

            The Chairperson welcomed Mr. P Brow, Head of Living with Water Programme, NI Water, Mr. D. McLaughlin, Resolve Planning, and Mr. P Alcorn and Mr. B. Kane, McAdam Design, to the meeting.

            Mr. Brow explained how approval of the application would help protect, enhance and grow the entire city and how the increased wastewater capacity would facilitate economic growth.

            The Committee granted full planning permission, subject to conditions and delegated authority to the Director of Planning and Building Control to finalise the wording of conditions and deal any other issues which might arise.

            The Senior Planning Officer provided the Committee with an overview of the application and highlighted the following key issues to be considered in the assessment of the application:

·        The principle of the proposed use at this location;

·        Retail Impact of the proposal;

·        Impact on the character and appearance of the area;

·        Compatibility with adjacent uses;

·        Access, parking and traffic management; and

·        Environmental Considerations – Drainage, Contamination, Noise, Impact on Designated Sites/Natural Heritage Assets.

            She explained that the Planning Service Plans and Policy Team had reviewed the application and had no objection to the proposed uses and considered that there were no sequentially preferable sites in the proposal’s whole catchment when considered against the criteria of suitability, availability and viability.

            She stated that all consultees were content with the proposed development to conditions and that no third-party objections had been received.

            The Committee granted full planning permission, subject to conditions and delegated authority to the Director of Planning and Building Control to finalise the wording of conditions and deal any other issues which might arise.

            The Committee agreed to defer consideration of the item in order to undertake a site visit.

            The Committee agreed to defer consideration of the item in order to undertake a site visit.

            The Committee agreed to defer consideration of the item in order that officers explore the availability of additional evidence with regard to the environmental impacts of short-term holiday lets.

            The Principal Planning Officer outlined the application to the Committee and highlighted the following key issues for consideration:

·        Principle of development at this location;

·        Impact on the character and appearance of the area;

·        Impact on residential amenity; and

·        Infrastructure capacity.

            She pointed out that no objections had been received from consultees or those neighbouring the application site and that, having regard to the development plan, relevant planning policies and other material considerations, it had been considered by officers that the proposal be approved.

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

            The Planning Manager provided the Committee with an overview of the application and outlined the impact on amenity and on the character and appearance of the area. 

            He explained that the use of the land for sports pitches, some of which already contained floodlighting and nets, meant that the proposal would have no impact on the Local Landscape Policy Area, and that no objections had been received from consultees.

            He pointed out that seventeen objections had been received and referred the Members to the Case Officers Responses which addressed the concerns which had been raised.

            He reported that, since publication of the report, the Council’s Tree officer had indicated that he was content, subject to conditions, the Environmental Health Officer had no objection to the proposal, subject to a planning condition that would require full construction details of all perimeter and ball stop fencing in the interest of minimising noise impact.  He added that no further representations had been received in response to the re-consultation on the removal of the perimeter fence and correction of the description.

            The Committee approved the application and gave delegated authority to the Director of Planning and Building Control to resolve, where appropriate, any further representations received during the remainder of the consultation period.

            The Principal Planning Officer outlined the application to the Committee and highlighted the following key issues:

·        The principle of development;

·        Impact on the character and appearance of the area;

·        Impact on the setting of Listed monument;

·        Impact on amenity;

·        Access and parking; and

·        Environmental Considerations - Drainage, Waste-water infrastructure and Ecology.

            She reported that NI Water had objected to the application on the grounds of a lack of wastewater capacity, which had been considered to be acceptable and that no other consultees and offered any objections.  Furthermore, she informed the Committee that no third party representations had been received.

            She informed the Committee that, having regard to the Development Plan and relevant material considerations, the proposal had been considered to be acceptable.

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

            The Principal Planning Officer presented the Committee with an overview of the application for a sculpture, using an existing planter base on Lombard Street and highlighted the following key issues for consideration:

·        Impact on amenity and general characteristics of the area;

·        Impact on setting of the listed building and conservation area; and

·        Impact on public safety.

            She provided the Committee with a visual representation of the proposed sculpture and reported that the proposal would be assessed against the Strategic Planning Policy Statement for Northern Ireland (SPPS), Belfast Urban Area Plan 2001 (BUAP) and the Draft Metropolitan Area Plan 2015 (BMAP), PPS6: Planning, Archaeology and the Built Environment and all other relevant material planning considerations.

            She informed the Committee that a late anonymous representation had been received and she explained and addressed the concerns which had been raised. 

            She stated that the application complied with the Development Plan, regional planning policy and all other material considerations and asked the Committee to delegate authority to determine the application, upon receipt of any additional representations, the Historic Environment Division’s consultation response and to apply any proposed conditions.

            The Committee agreed to delegate authority to the Director of Planning and Building Control to determine the application upon receipt of the consultation responses.