Minutes:
The Planning Manager explained that, at its meeting in March, the Committee had resolved to grant planning permission for 43 social housing units on lands on and adjacent to Christ the Redeemer Parish Hall, Lagmore Drive, Dunmurry, subject to conditions and a Section 76 planning agreement.
He stated that the Section 76 planning agreement was required to secure the following:
· 100% social housing;
· Open space management;
· Green travel measures; and
· Financial developer contribution which should be used to mitigate the impacts of the development and shall be flexible in terms of how it was used to mitigate the loss of community facility and/or loss of open space.
He explained that the Committee had delegated authority to the Director of Planning and Building Control to finalise the Section 76 planning agreement and the use of the financial developer contribution of £27,140 to mitigate either the loss of open space and/or loss of community facility as a result of the development, and that the Developer Contribution had been paid to the Council subsequent to the planning permission having been issued.
He pointed out that, in considering the application, the Committee had concern with regard to the loss of the Parish Hall as a community facility, having had regard to Policy C11, that related to the protection of community infrastructure.
He stated that the Parish Hall had previously been occupied by the Girl Guides and Little Saints Out of School Club, after-school and holiday club and that, since the application was before the Committee, the Girl Guides had made alternative accommodation arrangements.
He reported that officers had been engaging with Little Saints Out of School Club and the Church with regard to the potential use of the Developer Contribution to help finance a mobile unit within the Church grounds, which Little Saints Out of School Club would then occupy. He added that the out of school club had temporarily relocated to a location approximately two miles from its previous location and was keen to return to the locality to serve locally and improve child capacity.
The Planning Manager advised the Committee that using the Developer Contribution towards a mobile unit for the out of school club would be complicated as it would only constitute part funding, with the remainder owned by the occupier, which was a private business. He summarised further foreseen complications that would result from the occupier ceasing business or relocating. He clarified that there was nothing in principle to preclude Developer Contributions being allocated to private businesses.
He informed the Committee that, in discussions with a Member about the potential use of the Developer Contribution, it was suggested that it could be used to help fund a new permanent building for the Lagmore Youth Project which was currently based in temporary marquee accommodation within the grounds of the Church and was seeking a permanent building in the locale.
He stated that there was an undetermined planning application for the new building, with an expected completion within three years and an estimated cost of £250k with £40k already secured and the remainder of the funding expected from various other sources.
He informed the Committee that, since publication of the report, representation had been received from Little Saints Out of School Club that included the following points:
· The Club was vital for families in the Colin Community, providing safe and structured before and after school care and holiday care (open all year around);
· The Club offered activities for children; support for working parents; enhanced learning opportunities; parental flexibility; structured learning; improved outcomes for disadvantaged children, community support;
· The Parish Hall was used by many local groups over the years and was a great loss to the community. The only halls available to community groups in Lagmore were Lagmore Youth Project Hall and Lagmore Forum Hall, but they had no room to facilitate these groups;
· The two groups that used the Parish Hall were the Out of School Club and Girl Guides;
· The Out of School Club was temporarily sharing a building with another after school club and needed to leave in one year; the Girl Guides were temporarily in a school for one night a week;
· The Out of School Club proposed to put a mobile unit in the church grounds. The cost of the project was £97k, privately financed together with the £27k Developer Contribution. The mobile unit would be available for other community uses in the mornings, weekends and 3 other evenings. The Out of School Club had been approached by other groups about sharing the mobile unit; and
· The Club wished that the Developer Contribution would be used towards the mobile unit and, without that support, the Club stated that it could not move forward and these services would be lost to the community.
He reported late correspondence which had also been received via Little Saints Out of School Club from the Girl Guides which had raised concern that the Developer Contribution might not be allocated for use by multiple community groups as it had understood that there would be community discussions regarding the allocation of the monies and that many local groups could be involved for the benefit of the whole community. He added that Simply Judo had submitted correspondence which indicated that it would be interested to share the proposed mobile unit facilities if there was space to operate community classes.
The Planning Manager stated that, having regard to the assessment of the issues, it was recommended that the £27k Developer Contribution would be used to support the funding of a new permanent building for the Lagmore Youth Project and that appropriate provision would be required for return of the monies to the Council, should it not be committed or spent within a specified timeframe.
The Committee agreed to hear from Councillor Collins who attended the meeting in respect of the application.
Councillor Collins informed the Committee that the Lagmore Community Forum had flagged up concerns that it was not consulted in how the Developer Contribution could potentially be distributed and stated that he felt the Planning Service should have consulted the forum whilst exploring how the monies would be allocated and that the consultation process had not been thorough enough. He also raised concern in relation to Councillor Duffy, who had made the suggestion to the Planning Service that Lagmore Youth Project should be considered as a recipient of the Developer Contribution, as he was a Board Member of Lagmore Youth Project and stated that it was a conflict of interest for Councillor Duffy having done so.
The Chairperson informed Councillor Collins that Councillor Duffy was not a Member of the Planning Committee and that the Council had delegated authority to the Committee to make the decision and that, therefore, there had been no conflict of interest.
The Chairperson welcomed Ms. M. McCann, Manager, Little Saints Out of School Club, to the meeting.
Ms. McCann stated that she was given a few months in January, 2024 to vacate Lagmore Parish Hall and that she had been in contact with the Planning Service and others and was told that she would be offered a contribution towards placing a mobile unit in the Church grounds.
She stated that a vital service had been lost within the community and that, without the offer from Killeaton Orange Hall, the business would have closed and jobs would have been lost.
She stated that Little Saints Out of School Club had been told the previous week that the full Developer Contribution was being allocated to Lagmore Youth Project and that, whilst it was an important community group, there were other vital community services in need of the funding. She asked the Committee to defer consideration of the report until further community consultation could be undertaken.
In response to a question from a Member as to whether the applicant had any view or authority as to how the Developer Contribution would be allocated, the Planning Manager explained that the decision was to be taken by the Committee and that there had been no input from the applicant.
A number of Members indicated that they would be minded to defer consideration in order to determine whether alternative allocation of funds could be explored, whereby the Developer Contributions would be split between organisations or whether Lagmore Youth Project would be willing to permit the use of the proposed permanent building to other local organisations.
The Director of Planning and Building Control stated that she appreciated the concern from the Committee with regard to the decision, that the situation was unusual and that, going forward, it would be the responsibility of the applicant to engage and consult with communities and to indicate where the Developer Contributions would be allocated within the Section 76 planning agreement, before determination, so that the situation would not arise in the future.
Proposal
Moved by Councillor Groogan,
Seconded by Councillor T. Brooks,
“That the Committee defers consideration of the application in order to engage with the local community and determine the most feasible use of the monies.”
Amendment
Moved by Councillor McCann,
Seconded by Councillor Brennan,
“That the Committee agrees to allocate the developer contribution of £27,140 towards the funding of a permanent building for the Lagmore Youth Project, located within the grounds of Christ the Redeemer Church.”
On a vote, thirteen Members voted for the amendment and five against and it was declared carried. The amendment was thereupon put to the Committee as the substantive motion and passed.
Supporting documents: