Minutes:
The Committee considered the undernoted report:
“1 Relevant Background Information
(i) Request to acquire land at Hannahstown Hill
1.1 The Council owns circa 6 acres of land at Hannahstown Hill, as shown on the attached plan. Mr C Finnegan, the occupier of an adjoining property, has recently written to the Director of Property & Projects expressing an interest in acquiring either a portion or all of the Council’s land holding at Hannahstown Hill. He has indicated that it would be his intention to cease his current use of his adjoining land (sale of diesel and other household fuels) and to seek planning permission for land fronting Hannahstown Hill to be developed as retail units whilst the remainder of the land would provide grazing for horses he owns and trains.
1.2 In connection with his business of fuel sales Mr Finnegan had, until recently, taken illegal occupation of a Right of Way at this location which also involved a substantial encroachment onto other Council owned land. The matter was only recently resolved following lengthy contested legal proceedings between the Council and Mr Finnegan in the High Court to prevent Mr Finnegan’s continued illegal occupation and ensure the Council’s land was not misused. The current use undertaken by Mr Finnegan at his land has deemed planning permission by passage of time and is immune from enforcement action.
1.3 The background to the Council’s acquisition of this land has also involved litigation actions between BCC, Mr Finnegan and the previous landowner. .
(ii) Glen Road Development Framework
1.4 Members will be aware that a Glen Road Development Framework (also known as Glen10), led by DSD with BCC representation, was launched last year by DSD following the culmination of almost two years of cross statutory engagement and public and private consultation. It is worth noting the Framework subject area includes the land at Hannahstown Hill also referenced in this Committee report.
1.5 The Framework included a proposed Action Plan and proposed that a ‘Delivery Executive’ would act as a forum for considering the actions within the Framework Action Plan and act as a mechanism for engagement between developers, landowners and statutory bodies in relation to the future development of the lands within the subject area.
2 Key Issues
(i) Hannahstown Hill
2.1 The Council recently had a planning assessment undertaken in respect of the Council’s 6 acre land holding which concluded that whilst in the short-term there may be some limited development potential this will be restricted by the current planning policy (PPS 21) for the area which would constrain development to tourism (draft PPS 16), outdoor sport/recreation (PPS 8) and renewable energy projects (PPS 18). Development is further restricted by dBMAP which has included the lands in a Rural Landscape Wedge and as such any development proposals may have to demonstrate a site-specific need. The planning assessment also confirmed the medium to longer term development potential being significantly enhanced if it were to be included within the Development Limit. Indeed this latent potential has already been recognised and supported previously by the identification of the site as part of a previous NIHE outline planning application made in 2004 for 700 social housing units – there remains an unmet requirement for social housing particularly in this part of west Belfast.
2.2 The planning assessment recommends that given the potential for development could be significantly enhanced over the next 5-15 years that the Council retains ownership of the land. Hannahstown is designated under dBMAP as a Small Settlement. The Council’s planning assessment also confirmed that the Council’s land would not be considered by DOE to relate to the Small Settlement of Hannahstown.
2.3 The Strategic Policy & Resources Committee at its meeting of 23rd August 2013 endorsed the purchase of circa 30 acres of agricultural land immediately adjacent to the Council’s existing landholding on the basis that the latent development potential for this land, together with the existing Council’s 6 acre adjoining landholding on Hannahstown Hill, may be achievable in the future with an extension of the Development Limit through a review of dBMAP or the preparation of an Area Plan.
2.4 Both the Council’s existing 6 acre site and the additional 30 acres site, currently being acquired by the Council, are included in the Glen Road Development Framework as forming part of a potential future residential development opportunity. It is also believed that these lands are contiguous with other land in the ownership of NIHE, also identified in the Glen Road Development Framework for potential future housing development. The Framework has highlighted creation of a new spine road required to service future development sites to enhance delivery of the Framework’s proposals that will require adequate access/integration with existing road networks in the area. The Council’s land at Hannahstown Hill has been identified in the Framework as not only facilitating this spine road but also providing a required access point. This consolidated ‘public’ ownership of a large wedge of land referenced in the Glen Road Framework document would ease deliverability within the Framework as opposed to dealing with fragmented private land owners with diverging agendas.
2.5 Under the Northern Ireland Rural Development Programme (NIRDP) a Village Plan for Hannahstown has identified a number of a priority projects which are eligible and could be resourced from NIRDP funding to include the creation of a distinct village identity through physical improvements. The Hannahstown Strategic Vision and Action Plan confirms support for the aims of the Glen Road Development Framework. However it also states that the local community strongly oppose any development which may encroach on the rural character of Hannahstown and would oppose any development on land which lies outside designated settlement limits as define by DOE. The Action Plan highlights a number of derelict and vacant sites within Hannahstown which could provide retail potential within the current village designation.
2.6 Whilst the land currently sits in the Corporate Landbank the Council formally would have to declare the land surplus in order to facilitate the request from Mr Finnegan. The Council are bound to achieve best value in any land disposals under the provision of the Local Government Act (NI) 1972 – Section 96(5)(a)
(ii) Glen Road Development Framework
2.7 The Glen Road Development Framework included proposals for a Delivery Executive and DSD now propose that this is set up and jointly chaired by officers from DSD Belfast Regeneration Office and Belfast City Council.
2.8 The core membership of the group is to include DSD, BCC, NIHE, DOE Planning, DRD Roads, Department of Education, CCMS, DHSSPS, DETI, Invest NI, the West Belfast Partnership and local political representatives. Further representatives may include landowners. Members are now requested to indicate their preferences for local Member representation onto the Delivery Executive
3 Resource Implications
3.1 Financial
(i) Hannahstown Hill
The sale of these lands or any part could result in a capital return to the Council. . However, the proposed value at the present time would not reflect the latent land value it has as potential housing land in the future which would significantly increase with a review of the current Development Limit or reflect the potential to facilitate a spine road to open up other adjacent land, as envisaged in the Glen Road Development Framework.
(ii) Glen Road Development Framework
No Financial implications currently
3.2 Human Resources
(i) Hannahstown Hill
Should Members decide to sell all or some of this land to Mr Finnegan there would be a staff resource in Estates & Legal Services to progress. Otherwise the land will continue to be managed by Estates as part of the Corporate Landbank.
(ii) Glen Road Development Framework
Staff resource required to co-chair the Glen Road Development Framework Delivery Executive with DSD.
3.3 Asset and Other Implications
(i) Hannahstown Hill
Whilst the Council’s land currently lies outside the current Development Limit it is identified within the Glen Road Development Framework as a potential future housing development that could assist in addressing the unmet social housing requirement that exists in this area, together with the pivotal role of facilitating access to other sites within the Glen Road Development Framework subject area.
Given current planning policies for the area and based on the Council’s own planning assessment of the land it is considered unlikely that permission would be granted for proposed retail use.
This land has not formally been declared surplus by Council and may have to be placed on the open market to effect any disposal.
(ii) Glen Road Development Framework
The objective of the Glen Road Development Framework and the work of the Delivery Executive is to consider the development of the lands within the subject area in a cohesive and integrated manner.
4 Equality and Good Relations Implications
4.1 There are currently no equality implications to the proposals within this report.
5 Recommendations
5.1 (i)Land at Hannahstown Hill
It is recommended not to accede to the request from Mr C Finnegan given that the land has latent potential as future housing development land together with the pivotal role it may have in facilitating access to other sites within the Glen Road Development Framework subject area.
(ii) Glen Road Development Framework
The Glen Road Development Framework has progressed to the stage of setting up a Delivery Executive and Members are asked to indicate their preference for local Member representation onto the Delivery Executive.”
The Committee adopted the recommendations.
Supporting documents: