Derry City and Strabane District Council
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1 Derry City and Strabane District Council Open Minutes of Planning Committee held in the Council Chamber, Guildhall on Wednesday 15 April, 2015 at 4.00 p.m. Present:- Aldermen: A Bresland, M Hamilton and T Kerrigan, Councillor Kieran McGuire (Chair), J Boyle, G Diver, T Hasson, G Hastings, C Jackson, D Kelly, P Logue, R McHugh and B Tierney. In Attendance:- Chief Executive (Mr. J. Kelpie), Environment and Regeneration Director (Ms. K Phillips), Senior Solicitor (P. Kingston), Assistant Solicitor (D. Hunter), Economic Development Officer (T. Monaghan), Head of Planning (Ms. Maura Fox), Principal Planning Officer (Ms. S.McCracken), Planning Case Officer (Ms. A. Moyne), Planning Case Officer (Mr. M McCarron), Planning Officer (Ms. R. McMenamin), Planning Officer (Ms. A McNee) and Committee Administrator (Mrs. H. Ross). P01/15 Notice and Summons for Meeting. P02/15 Apologies. P03/15 Welcome. The Head of Planning read the Notice and Summons for the Meeting. There were no apologies received. The Chairman welcomed everyone to the first planning committee meeting of the new Council. P04/15 Declarations of Members Interests. Councillor Hastings declared an interest in Planning Application No. A/2014/0298/O which was on the Agenda for discussion under Item 4. He advised that he would be leaving the meeting whilst the matter was being discussed.
2 2 Councillor Kelly declared an interest in Planning Application No. J/2015/0018/F because as Chairman of Strabane District Council he had signed the associated tender documents and contract. P05/15 Deputations. There were no deputations. P06/15 Chairperson s Business. There was no Chairperson s Business. P07/15 Planning Applications for Decision. Planning Application No. J/2015/0018/F Councillor D Kelly left the meeting at this point. A Planning Case Officer referred to a Planning Report in relation to the above application which had previously been circulated to Members. She outlined the background to the application, together with the key issues and advised that there were no additional costs associated with the proposal. She recommended that the proposal be accepted and requested Members approval of same. The Chairman advised that there were no representatives for or against the application and sought comments from Members. Councillor McHugh Moved, Councillor Hastings Seconded and the Committee Resolved that Council approve the above planning application. Councillor D Kelly returned to the meeting at this point. Planning Application No. A/2014/0298/O Councillor Hastings left the meeting at this point. A Planning Case Officer referred to a Planning Report in relation to the above application which had previously been circulated to Members. He outlined the background to the previously refused application,
3 3 together with the planning assessment and other material considerations. He recommended that the proposal be accepted and requested Members approval of same. The Chairman advised that there were no representatives for or against the application and sought comments from Members. In response to a query from a member of the SF grouping in relation to landscaping of the site, the Planning Case Officer clarified that certain matters could be reserved at this stage and detailed within the approval. He added that a sequence of events in relation to be landscaping would have to be undertaken and all conditions carried through. He stated that if the conditions were not carried out then enforcement procedures could be taken. Further to a comment from another member of the SF grouping who welcomed the flexible interpretation of PPS21 in relation to the site, the Planning Case Officer stated that the geographical aspect of the site related to an infill site. Councillor Logue Moved, Councillor Kelly Seconded and the Committee Resolved that Council approve the above planning application. Councillor Hastings returned to the meeting at this point. P08/15 Planning Enforcement Strategy. The Principal Planning Officer referred to the above report which had previously been circulated to Members. She outlined the background to the strategy, together with the key issues and advised there were no additional financial implications as a direct result of the enforcement strategy. The Chairman sought questions from Members. In response to a query from a member of the SF grouping, the Principal Planning Officer stated that a robust system was in place which comprised of five members of staff who were also supported by the Legal Services Team. She added that the team had discretionary powers but would not be investigating every enforcement case. She stated that all applications had to comply with legal stipulations and
4 4 those that did not would be investigated and the relevant statutory notices issued. She stated that a review of the strategy would be undertaken within six months, or as otherwise agreed, and that a quarterly list of all cases within the system would be issued to Members. In response to a query from a member of the SLDP grouping, the Principal Planning Officer stated that a robust enforcement framework was essential to deal with all aspects of the strategy. She added that all breaches would be investigated promptly and information would be sought from the public. This would hopefully lead to a quicker and more effective enforcement system. In response to a query from another member of the SLDP grouping, the Head of Planning stated that she hoped to issue the first list of cases within the next couple of months. She added that a review of the strategy would be undertaken within six months. The Head of Planning stated that with the increased level of resources and enforcement officers available, combined with the scheme of delegation, enforcement issues would be dealt with more effectively. She added that the progression of the strategy would be monitored over the first year and feedback would be sought from Members. In response to a query from a member of the SF grouping, the Principal Planning Officer stated that she was unsure of the number of live enforcement cases in the system presently but would clarify the matter and advise Members accordingly. Councillor Boyle Moved, Councillor Kerrigan Seconded and the Committee Resolved that Members approve the draft Enforcement Strategy. P09/15 Update on the Planning Project Transfer The Head of Planning referred to the above report which had previously been circulated to Members for information purposes. She outlined the background to the transfer and added that any costs associated with the interim office arrangements and the installation of the IT systems were being met by DOE as part of the wider transfer arrangements.
5 5 She advised Members that there had been various implementation issues in relation to the Planning Portal which were being investigated and confirmed that all matters in relation to the NI direct phonecalls had now been resolved. In response to a query from a member of the SF grouping, the Head of Planning advised that once the IT issues and accommodation matters were resolved, she hoped to hold a pilot planning clinic once a week in Strabane. The clinic would be run by a Duty Planning Officer and an administrative assistant and she was hopeful that the system would be set up by May. She added that agents and applicants would then be advised in advance of the services offered within the clinic. In response to a query from another member of the SF grouping that the work of Planning staff was hindered due to the IT problems with accessing the E.Portal, the Head of Planning reassured Members that her staff had been busy with changes in legislation and reviewing files etc. She stated that she appreciated their concerns but added that normal working practices were ongoing and she hoped that all concerns would be resolved within the coming weeks. A member of the SDLP grouping stated that a significant amount of work had been undertaken in relation to the changeover and it was reasonable to assume that there would be some implementation issues.. He felt that the matters would be addressed as soon as possible and that the complete functions would be resumed in the foreseeable future. He commended staff for the diligent work carried out. P10/15 Protocol for Operation of Planning Committee. The Head of Planning referred to the above report which had previously been circulated to Members for information purposes. She outlined the background to the protocol together with the key issues. In response to a query from a member of the UUP grouping, the Head of Planning advised that a weekly application list would be produced and that there would be an opportunity for Members to request to refer items within five working days into Committee. She added that once the IT issues had been resolved, the system would be much more efficient and that Members would be able to access all reports shortly.
6 6 P11/15 Capacity Building Programme. The Economic Development Officer referred to the above report which had previously been circulated to Members for information purposes. He outlined the background to the programme together with the financial implications as detailed in the report. No comments were made by Members. P12/15 Correspondence Update. The Economic Development Officer referred to the above report which had previously been circulated to Members for information purposes. He outlined the background to the programme together with the key issues as detailed in the report. The Head of Planning stated that they had yet to receive a list of current enforcement cases or files and no response from correspondence sent was received from the DOE but were hopeful that it would be forthcoming shortly. In relation to the Scheme of Delegation, she stated that it would have to go back to the DOE for approval again, if any changes were made. No comments were made by Members. P13/15 New Member of Planning Committee. The Chairman referred to Councillor Middleton s departure from the Planning Committee due to his new role as an MLA and welcomed Councillor McClintock as his replacement as a member of the Planning Committee. The meeting terminated at 4.55pm.
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