Agenda item

(Councillor Whyte, Chairperson, resumed the Chair)

            The Planning Manager reported that the application had previously been considered by the Committee in August, 2021 and January, 2022 and that a site visit had taken place in September 2021.  He pointed out that 272 objections had been received and that there had been no objections from statutory consultees and reminded the Committee that, it had deferred the application at its meeting in January, 2022 in order that officers would investigate the possibility of attaching a condition or planning agreement to the application to ensure a right of access through the site for use by the general public.

            He referred the Committee to the Late Items Report, that provided clarity as to the location of existing live applications in the vicinity of the application site and reported that a late representation had been received which had expressed concern about the proposed Section 76 Agreement, in that access should also be for wheelchair users and prams, that permitted closures would be too broad and that the path could be closed for long periods, and outlined concerns with regard to a lack of alternative routes, the makeup of the management company and the frequency of meetings with residents.

            He provided the Committee with an overview of the site through a series of maps which outlined the position of the site, the development limit and access points, and elevation drawings of the proposed dwellings.  He explained that the proposed pathway was two metres wide and would be finished in resin-bound rubber mulch leading to the Lagan Valley Regional Park.

            The Planning Manager referred the Committee to the draft terms of the Section 76 planning agreement and outlined the main obligations.  He reported that, officers were recommending that the application should be approved, subject to a Section 76 planning agreement, on the basis that the principle of the development had been established through the existing extant permissions and that it was generally respectful to the surrounding context and character of the immediate locality.  He added that, following consultation with the Northern Ireland Environment Agency, it was considered that, the application complied with the policy tests of PPS 2, subject to conditions, which mitigated potential ecological impacts. 

            He concluded by stating that, it was considered that, the proposed development complied with planning policy in relation to residential amenity, amenity space, protection of open space, flooding, drainage, infrastructure, landscaping and archaeological heritage.

            The Chairperson welcomed Mr. W. Orbinson QC, on behalf of the Applicant, to the meeting.  Mr. Orbinson reported that the Applicant had engaged constructively with the Council’s officers on the drafting of a Section 76 Agreement and was pleased that it had been recommended for approval by the Committee.

            The Divisional Solicitor reported that, permitted closures in order to assert rights of proprietorship would only be permitted for up to 72 hours, unless there had been previous consent of the Council.

            Councillor McAteer was in attendance at the Committee and the Chair invited her to comment on the application.  Councillor McAteer stated that she had concerns around the permitted closures and that the Divisional Solicitor’s aforementioned advice had been reassuring, she added that she was content that the that the path would be accessible but that she had concerns regarding the ongoing management of the access and footway, and recommended that the meetings with residents would take place on a monthly basis, rather than quarterly, particularly during the construction phase of the project.

            In response to Councillor McAteer’s comments, the Divisional Solicitor reported that, the agreement provided that the land would transfer to the residents’ management company, and that they would be under the same obligation to provide and retain the access subject to permitted closures.

            The Committee approved the application and granted delegated authority to the Director of Planning and Building Control to finalise the wording of the conditions and the Section 76 Planning Agreement.