Agenda item

            The Planning Manager outlined the following report to the Committee:

 

“1.0      Purpose of Report or Summary of Main Issues

 

1.1       To report on the Department for Infrastructure’s Notice of Opinion in respect of planning applications LA04/2021/1317/F and LA04/2021/1318/DCA. These applications were approved by the Planning Committee at its 29th June 2023 meeting and subsequently called-in by the Department for Infrastructure (DfI).

 

1.2       DfI has issued a Notice of Opinion to the Council of its intention to refuse planning permission and Conservation Area Consent. The letter states that DfI must receive any request in writing for an opportunity to appear before and be heard by the Planning Appeals Commission, or a person appointed by DfI, for the purposes of a hearing within 8 weeks of the date of the letter (i.e. by 15th July 2024).

 

2.0       Recommendation

 

2.1       It is recommended that the Council responds to the Notice of Opinion, requesting opportunity to appear before and be heard by the Planning Appeals Commission, or a person appointed by DfI, for the purposes of a hearing.

 

2.2       This would provide opportunity for the Council to present its case that planning permission and Conservation Area Consent should be granted, contrary to the Department’s opinion that the applications should be refused.

 

2.3       The Committee is also asked to consider whether it wishes to nominate an Elected Member (or Elected Members) to appear at the hearing alongside officers in support of the Council’s case.

 

3.0       Main Report

 

            Background

 

3.1       At its 29th June 2024 meeting, the Committee resolved to approve the following applications:

 

·        LA04/2021/1317/F – Demolition of existing dwellings and erection of two new dwellings and associated site works. 450 and 448 Lisburn Road, Belfast BT9 7GX (application for ‘planning permission’).

·        LA04/2021/1318/DCA – Demolition of existing dwellings and erection of two new dwellings and associated site works. 450 and 448 Lisburn Road, Belfast BT9 7GX (application for ‘Conservation Area Consent’ for demolition).

 

3.2       A copy of the Committee report is provided at Appendix 2 and minutes at Appendix 3.

 

3.3       Section 89(1) of the Planning Act (Northern Ireland) 2011 requires the Council to notify DfI where it intends to grant Conservation Area Consent. Following ratification of the Committee’s decision, on 14th September 2023, the Council duly notified the Conservation Area Consent application (LA04/2021/1318/DCA) to the Department.

 

3.4       On 11th December 2023, DfI issued a letter to the Council, ‘calling in’ both the Conservation Area Consent application and application for full planning permission (LA04/2021/1317/F) for its determination. The Department’s reasoning for calling in the applications was stated as follows:

 

            ‘…in view of the proposed development’s potential conflict with the Strategic Planning Policy Statement (SPPS) 2015, the Local Development Plan for the area (the Belfast Local Development Plan: Plan Strategy 2035), particularly in relation to heritage matters, and the potential for the proposed development to impact on the implementation of the plan-led system. It is therefore considered to be an exceptional case and that the regional and sub-regional issues raised would benefit from further scrutiny by the Department.’

 

3.8       DfI’s call-in decision was reported to the Committee at the time. The decision transferred jurisdiction for determination of the applications from the Council to the Department.

 

            Notice of Opinion

 

3.6       On 21st May 2024, DfI issued its Notice of Opinion of its intention to refuse both planning permission and Conservation Area Consent. The refusal reasons are set out below.

 

3.7       LA04/2021/1317/F (application for planning permission):

 

1.      ‘The proposal would result in the demolition of two existing dwellings that make a material contribution to the character and appearance of the Conservation Area. The proposed replacement dwellings would be of an inappropriate footprint, scale and alignment. The proposal would fail to preserve the character and appearance of the Conservation Area, contrary to Policy BH2 of the Belfast Local Development Plan: Plan Strategy 2035, paragraph 6.12 of the Strategic Planning Policy Statement (SPPS) and Malone Park Conservation Design Guide.’

 

2.      ‘The proposal, by reason of its footprint, scale and alignment, would harm the setting of No. 1a Malone Park, a Grade B2 Listed Building. The proposal is contrary to Policy BH1 of the Belfast Local Development Plan: Plan Strategy 2035, the Strategic Planning Policy Statement and Malone Park Conservation Design Guide.’

 

3.8       LA04/2021/1318/DCA (application for Conservation Area Consent):

 

1.      ‘The proposal would result in the demolition of two existing dwellings which make a material contribution to the character and appearance of the Conservation Area. Furthermore, the proposed replacement dwellings would be of an inappropriate footprint, scale and alignment. The proposal would fail to preserve the character and appearance of the Conservation Area, contrary to Policy BH2 of the Belfast Local Development Plan: Plan Strategy 2035, paragraph 6.12 of the Strategic Planning Policy Statement (SPPS) and Malone Park Conservation Design Guide.’

 

3.9       The Notice of Opinion states that the Department must receive any written request for an opportunity to appear before and be heard by the Planning Appeals Commission (or a person appointed by the Department) for the purposes of a hearing within 8 weeks of the date of the letter (i.e. by 15th July 2024).

 

            Assessment

 

3.10      It is recommended that the Council responds to the Notice of Opinion, formally requesting opportunity to appear before and be heard by the Planning Appeals Commission (or a person appointed by DfI) for the purposes of a hearing. This would provide opportunity for the Council to present its case that planning permission and Conservation Area Consent should be granted, contrary to the Department’s opinion that the applications should be refused.

 

3.11      The applicant has also received the Notice of Opinion from the Department. It is unclear at the time of writing this report whether or not the applicant will also request to appear before and be heard for the purposes of a hearing.

 

            Conservation Area Consent Pilot

 

3.12      As reported to the Committee at its January 2024 meeting, the Council is currently taking part in a pilot with the Department which is seeking to reduce the number of Conservation Area Consent (DCA) applications notified to DfI. During the pilot, the Council is only required to notify such applications where the proposal involves full demolition and/or there is an objection from special conservation advice.

 

4.0       Financial and Resource Implications

 

4.1       The Planning Service’s attendance at the hearing and preparation of the associated written supporting statement that sets out the Council’s case would have a modest impact on costs and resources and would be absorbed as part of its day-to-day work.

 

5.0       Equality or Good Relations Implications /

            Rural Needs Assessment

 

5.1       There are no equality or good relations / rural needs implications.”

 

Proposal

 

            Moved by Councillor Groogan,

            Seconded by Councillor T. Brooks,

 

      “That no request is made by the Council to appear before or be heard by the Planning Appeals Commission, or a person appointed by DfI, for the purposes of a hearing in respect of planning applications LA04/2021/1317/F and LA04/2021/1318/DCA, 450 and 448 Lisburn Road.”

 

            On a vote by show of hands, five Members voted for the proposal and twelve against and it was declared lost.

 

            Accordingly, the Chairperson put the recommendation to the Committee and the Committee delegated authority to the Director of Planning and Building Control to respond to the Notice of Opinion and request an opportunity to appear before and be heard by the Planning Appeals Commission or a person appointed by DfI, for the purposes of a hearing.

 

            The Committee noted that any Member that wished to appear at the hearing, alongside officers in support of the Council’s case, would contact the Director of Planning and Building Control directly to arrange.