Appendix 8
Derry City and Strabane District Council Planning Committee Report
COMMITTEE DATE: 25th March 2019
APPLICATION No: LA11/2018/0929/F
DATE OF APPLICATION: 03/09/2018
APPLICATION TYPE: Full
PROPOSAL: Retention of a shed erected to provide a waiting room for parents and therapy
equipment store for Hippotherapy service
LOCATION: Land to the rear of 14 Cregg Road, Claudy, BT47 4HX
APPLICANT: Gortilea Social Farm
AGENT: One2One Planning
ADVERTISEMENT: 17/10/2018, 09/01/2019
STATUTORY EXPIRY: 31/10/2018, 23/01/2019
RECOMMENDATION: Approve
REASON FOR PRESENTATION TO COMMITTEE: Application submitted by a member of Council staff -
Part B3 of Scheme of Delegation.
All planning application forms, drawings, letters etc. relating to this planning application are available
to view on www.planningni.gov.uk
1. Description of Proposed Development
1.1 This application seeks permission to retain a shed (marked B in figure 2) erected to provide a
waiting room for parents and a store for therapy equipment associated with the Hippotherapy
service. The agent has indicated that Hippotherapy is occupational therapy using horses or ponies.
Hippotherapy is occupational therapy for children with complex physical and mental needs using
horses or ponies to work on the balance, posture and fine motor skills of the children. The agent’s
supporting statement advises that hippotherapy ‘has proven its success in children walking,
talking, feeding, improved digestion and many more life changing results’.
1.2 This application should be read in conjunction with appendix 7, application reference
LA11/2019/0012/F to retain the change of use of the shed marked A in figure 2, from its approved
Appendix 8
use for the domestic housing of vehicles and working machinery, to a use providing Hippotherapy
services. The use of the shed, subject of this application (marked B in figure 2), is ancillary to the
use of the shed marked A in figure 2.
2. Site and Surrounding Area
2.1 The site lies within the Settlement Development Limits of Claudy, as defined by the Derry Area
Plan 2011 (DAP 2011).
2.2 The site is accessed via an existing laneway which also serves a dwelling at 14 Cregg Road.
The land rises up to the rear of the dwelling. The northern boundary of the site, adjacent to
No.359 Glenshane Road, is defined by the gable of the shed marked A in figure 2 and a close
boarded timber fence approximately 1.8m high (figure 7); the shed subject of this application is
located just beyond the site boundary (figure 7). The eastern boundary of the site is defined by
a concrete stepped wall and some existing vegetation. The garden area of No. 15 Main Street
Claudy provides approx. 22metres separation to the dwellings along Cregg Mor Drive to the east.
The southern boundary of the site (as outlined in red) is shared with No.14 Cregg Road (figures 2
and 3), while the western boundary of the site is defined by the western elevation of the shed
which is the subject of application ref: LA11/2019/0012/F (appendix 7). Areas indicated as a
paddock area and garden are located to the south of the shed marked A (figure 2).
2.3 The surrounding area is predominantly characterised by residential properties. Cumber
Claudy Primary School is located adjacent to the site (to the south), while Upper Cumber
Presbyterian Church and the associated Church Hall are located opposite the access to the site
on Cregg Road (to the west).
2.4 The subject shed (figure 6) is monopitch in form and has a width of approximately 4 metres,
length of approximately 15.6 metres and a height of approximately 4 metres (figure 9).
Hippotherapy sessions are provides in the adjacent shed to the west (subject of appendix 7 Ref:
LA11/2019/0012/F). The materials used are Kingspan trapezoidal paneling on steel/aluminum
framing in a dark grey colour. The shed sits on a concrete blockwork plinth. There are 3 steel
sheeted timber cored external doors painted black. A shed within the yard to the south provides
stables (figure 4).
Appendix 8
Figure 1: Site Location Plan
Appendix 8
Figure 2: existing site layout plan. Subject shed marked B. Shed marked A is subject of application
ref: LA11/2019/0012/F.
Figure 3: No.14 Cregg road located in the foreground to the right of the photo and the shed marked A
(subject of application LA11/2019/0012/F) is on higher ground to the rear of the property.
A B
Appendix 8
Figure 4: stables and shed subject of application ref: LA11/2019/0012/F; No. 14 Cregg Road is
located in the background of the photo (visible on the left).
Figure 5: stable (left), Shed subject of application ref: LA11/2019/0012/F – appendix 7 (centre),
shed subject of this application (right)
Appendix 8
Figure 6: Shed used as a waiting room and store under this application.
Figure 7: View of the gable end of the shed subject of application ref: LA11/2019/0012/F and long
elevation of the shed subject of this application as viewed from No.359 Glenshane Road
Appendix 8
Figure 8: View from Cregg Mor Drive between numbers 3 & 5
Figure 9: elevation plans of the subject shed.
3. EIA Determination
3.1 The application has been considered against schedule 2 10 (b) Urban Development Projects of
the Planning (Environmental Impact Assessment) Regulations 2017. The application has also been
considered cumulatively along with the development subject of application LA11/2019/0012/F.
As the development area is less that the threshold size of 0.5Ha and the site is not in a sensitive
area an EIA determination is not required.
Appendix 8
4. Habitat Regulations Assessment
4.1 Assessment under the Habitats Regulations is not required as there is no watercourse
directly abutting this site. Therefore, it is unlikely that there will be any adverse effects
from development works on the integrity of any National or European site. There are no
trees or landscape features on this site, which will be adversely impacted by this
proposal. Therefore, it is unlikely that this proposal will adversely affect a priority species
or their habitat, which is afforded protection.
5. Site Constraints
Major Road Proposals – A6
Loughs Agency Consultation Zone
Settlement Development Limit of Claudy (DAP 2011)
6. Neighbour Notification – add 08/03/19
Neighbour Address
10 Cregg Road,Claudy,Londonderry,BT47 4HX,
12 Cregg Road
Claudy Londonderry
BT47 4HX
15 Main Street,Claudy,Londonderry,BT47 4HR,
24 Cregg Road,Claudy,Londonderry,BT47 4HX,
353 Glenshane Road,Claudy,Londonderry,BT47 4HP,
355 Glenshane Road,Claudy,Londonderry,BT47 4HP,
359 Glenshane Road,Claudy,Londonderry,BT47 4HP,
3 Creggmore Drive Claudy
Londonderry BT47 4HT
51 Cregg Road,Claudy,Londonderry,BT47 4HX,
5 Creggmore Drive
Claudy Londonderry
BT47 4HT
7 Creggmore Drive Claudy
Londonderry BT47 4HT
9 Creggmore Drive
Claudy Londonderry
BT47 4HT
Appendix 8
Cumber Claudy Primary School,20 Cregg
Road,Claudy,Londonderry,BT47 4HX,
Trustees Of Upper Cumber Presbyterian Church,Upper Cumber
Presbyterian Church,17 Cregg Road,Claudy,Londonderry,BT47 4HX,
Trust Upper Cumber Presbyterian Church,Church Hall,15
Cregg Road,Claudy,Londonderry,BT47 4HX,
7. Relevant Site History
A/2002/0654/F – Erection of shed to house vehicles and working machinery - 14 Cregg Road,
Claudy, Londonderry – Permission Granted 10/12/02.
LA11/2018/0028/CA - Alleged unauthorised erection of shed and change of use of the land for a
business – enforcement action ongoing.
LA11/2018/0950/LDE – Certificate of Lawful Development (CLUD) for the existing use of the
subject shed and grounds at the rear of property located at 14 Cregg Road, Claudy for
Hippotherapy. The CLUD was refused as it was not demonstrated that the use had been operating
for 5 years and had therefore become immune from enforcement action. A planning application
was required to ascertain if the use was acceptable at this location.
LA11/2019/0012/F - Retrospective change of use of domestic shed to provide Hippotherapy
sessions - To rear of 14 Cregg Road, Claudy, BT47 4HX – Decision Pending.
8. Policy Framework
Derry Area Plan 2011
Strategic Planning Policy Statement for Northern Ireland
Planning Policy Statement 3: Access, Movement and Parking
9. Consultee Responses
DfI Roads – no objection subject to conditions
NI Water: no objection
Environmental Health: no objection
10. Representations
Objections
10.1 There have been 7 objections received from 2 addresses which have raised the following
issues.
Appendix 8
1. Query regarding the original description stating ‘proposed shed’. Planning application should
be retrospective as the shed is existing.
The description was initially ‘proposed shed’ but this has been amended to retention of a
shed….The application was readvertised on 8 January 2019 and re-neighour notified on 20
December 2018.
2. Queries answer to Q.6 on P1 form regarding the nature of the development and considers that
the development should be ‘retention of development’ and not ‘new buildings’.
An amended P1 form was received on 14 December 2018 indicating at question 6 that the
proposal involves a retention of development. Neighbours were re-notified on 20 December
2018.
3. Queries answer to Q.24 on P1 form regarding existing areas of floorspace as the agent has
failed to provide any answers.
An amended p1 form was received on 14 December 2018 amending question 24 indicating
the floor area of the subject shed. Neighbours were re-notified on 20 December 2018.
4. The objector notes that the application is dated 31st August 2018, however the Council’s receipt
stamp is dated 28 September 2018 and queries how this application would have been validated
in its current form.
Agent’s cover letter is dated 31st August 2018. The initial date on which plans were stamped
received was 03 September 2018. The application was not accepted as valid at that time as
the redline indicating the application site did not encompass the full extent of the site and link
to the public road. Amended plans were submitted on 28 and the application made valid on
02 October 2018.
5. Site Plan and Block Plan are both incorrect. Site Location Map is incorrect and does not
accurately show the location of the subject shed in relation to the boundary wall with No.359
Glenshane Road and also that it reflects the old footprint of their property and not that of their
current dwelling.
The matter was notified to the agent and she responded on 14th December advising that the
site location map could not be updated as it is ‘a licenced product’. Officers consider that as
Appendix 8
the site location map is an Ordnance Survey of Northern Ireland map and is crown copyright
dated to 2018, it is an up to date map.
The block plan however submitted on 14th December 2018 indicates accurately the footprint
of No. 359. Neighbours were re-notified on 20th December 2018.
6. The objector questions the need for a large storage area for farm equipment given the
residential location of the shed within the Claudy Town boundary and as the Social Farm is on
60 acres of land at 491 Baranailt Road, almost 3 miles from the application site.
The application when initially submitted was described as ‘approval is sought for a
shed….which is used for storage for the farm……’. This was subsequently amended to
‘Retention of a shed erected to provide a waiting room for parents and therapy equipment
store for Hippotherapy service.
7. The objector questions the need for a building of this proportion on a residential site,
particularly at their boundary.
The building is for the storage of equipment and provides a parents waiting room and is
thereby an ancillary use associated with the hippotherapy provided in Shed A (figure2).
It measures approx. 4 metres in width, 15.6 metres in length and is approximately 4 metres in
height. There is a separation distance of approx.18 meters between the subject shed and No.
359 at its nearest point; no. 359 sits at an angle to the site (see figure 2).
As is evident from figure 7, the subject shed is ancillary in size and scale to the shed marked A
in Figure 2 and is not considered to be an overly large structure in terms of length or height.
The visual impact of the building is considered under section 11.11 – 11.16.
8. Main sewer line connects to a manhole inside the curtilage of 14 Cregg Road. Shed has already
been erected over the inspection manhole, thus giving no access to the main sewage and
discharge line for neighbouring properties for maintenance purposes.
The agent, when queried on this matter, provided a letter from NIWater dated 16 January
2019 advising that a building was constructed using a raft type foundation which is not weight
bearing on the sewer. In a further letter from NI Water dated 05 March 2019, it is advised that
a man hole in ‘the corner of the yard is fit for use and available to NI Water….in the event of
blockage on this public sewer’. A map indicating the position of the manhole was also
Appendix 8
provided. The objector was re-notified of this information on 7th March 2019. Members are
advised that this matter has no material bearing on this application.
9. The objector queries why the service has to be delivered at 14 Cregg Road and not Gortilea
Social Farm on Baranailt Road.
The agent has argued that this service could not be delivered at Gortilea Social Farm on
Baranailt Road due to the complex needs of the children who use this service as they require
a quiet location. There can be no livestock or machinery moving and making noise to startle
or scare the children.
The matter for officers to consider is whether the site which is the subject of the planning
application i.e. 14 Cregg Road in this case, is a suitable location for the service subject to no
detrimental impact on residential amenity of neighbouring occupants.
10. Queries funding and financial support for the hippotherapy service
The provision of funding is not a material consideration carrying determining weight in
consideration of this planning application.
11. The objector alleges that a large garden area to the rear of No.355 Glenshane Road is to be
used for an outdoor arena for horses.
Officers cannot comment on this matter as the area in question lies outside the application
site and forms no part of the consideration of the development to be retained. It is also not
material to consideration of application ref: LA11/2019/0012/F.
12. The objector queries which director of Gortilea Social Farm CIC is actually living at 491
Baranailt Road, Claudy
Officers do not consider that the director residing at no. 491 Baranailt Road has a material
bearing on this application. Planning permission goes with the land subject of the application
rather than a named individual.
13. The objector queries the stated reason for providing the subject shed.
The agent advises that the shed is to provide storage for equipment used in the hippotherapy
sessions and to provide for the comfort of parents waiting on their children during their
therapy sessions. The agent states that ‘up until the shed was erected [parents] had stay in
Appendix 8
their vehicle…… for the duration of the session’. Now, the parents can watch their children’s
sessions on CCTV screen in the waiting area.
The objector queries the stated need for the shed given that a previous ‘jackleg portable cabin
was on site to provide a waiting area for parents. The objector therefore considers the agent’s
stated purpose of the shed to be misleading.
The matter for officers to consider is the acceptability or otherwise of the shed which is the
subject of this application taking into consideration, visual impact and impact on residential
amenity.
14. Marketing and media information regarding the location at which the Hippotherapy service s
delivered is misleading as it references the location as on a farm.
The planning officer has no remit in respect of information displayed on marketing or media
platforms. The matter for the planning department relates to the accurate description of the
location of the site and the nature of the development. The accuracy of this information is
necessary to ensure that the planning application is valid and that any member of the public
who may have an interest in the application is notified and that they are fully aware of the
nature of the development.
15. No information has been submitted to support efforts to find a more suitable location
Certain planning policies may require consideration of alternative sites (e.g. retail and industrial
type development). Where consideration of alternative sites is not a policy requirement, the
application site as proposed by the applicant must be considered by officers taking into
consideration whether the proposal would unacceptably affect the amenities and the existing use
of land and buildings that ought to be protected in the public interest (section 2.3 of SPPS). In
respect of this application, the matter is further considered under section 11.
16. No evidence produced re: Ms McMonagle’s qualifications (Ms McMonagle is the hippotherapy
service provider)
The qualifications of the service provider does not fall within the remit of the planning
department. This matter would likely fall to be considered by any statutory or chartered body
which has regulatory authority over service provision.
Appendix 8
17. Buildings are a blot on the landscape
The visual impact of the buildings is considered under section 11.11-11.16
18. Commercial premises/business uses in a residential area is totally unacceptable
The acceptability or otherwise of the use is considered under section 11.
19. Noise pollution throughout the day is unacceptable – horses, vans, cars
Noise is considered under section 11.22 -11.26
20. Cregg Road struggles to deal with the existing traffic – more would be intolerable and
dangerous and Safety of the children at the nearby Primary School – any increase in traffic
would create a dangerous, unacceptable threat to the pupils.
DfI Roads, as the statutory agencies with respect to road safety and comments that
‘this application has been reviewed in conjunction with application LA11/2019/0012/F for the
activities carried out at the site. The applicant / agent has indicated that the number of
vehicles on average attracted to the site each day is 4. The representations have been
reviewed with the main roads related point raised being the intensification of Cregg Road.
Cregg Road is approx. 6.0m wide with a 2.0m wide footway from the Main Street to Cumber
Claudy Primary School. The number of vehicles attracted to the site and the associated
intensification of Cregg Road is minimal. DfI Roads have no objections to the proposals subject
to conditions.
Officers queried with the agent the number of vehicle movements to ascertain if they included
vehicle movements associated with transporting the ponies to and from the site. Updated
traffic figures were provided indicating 1 additional vehicle movement to account for
transporting the ponies by horse box. DfI was consulted on 7th March 2019 to ascertain if this
additional number of movements resulted in intensification of the use of the access.
Neighbours were also re-notified to allow an opportunity to comment. DfI commented that
‘the number of vehicles attracted to the site and the associated intensification of Cregg Road,
even with the addition of a ‘good vehicle’ (i.e. Horse box) is minimal.
Appendix 8
21. Land Ownership
The applicant, Gortilea Social Farm, has completed Certificate C of Form P1 serving notice on
Susan and James P Mullan at 14 Cregg Road as the persons in actual possession of the lands
on which the development has been carried out.
In respect of land ownership, Mr O’Kane accepts that the house, land and sheds at 14 Cregg
Road are owned by Susan and James Mullan. He argues however that the certificate should
not have been served on them at this address.
In respect of Certificate C, the purpose of serving notice on a third party is to ensure that as
a person in actual possession of the application lands, they are made aware of the planning
application and have an opportunity to comment on it if they so wish. If the address provided
for Susan and James Mullan is incorrect in effect they would have been incorrectly served
notice of the application and potentially be unaware of it. The matter of prejudice arises and
the application may technically be invalid.
There is no obligation on the Council to check the accuracy of certificates unless it is
challenged. It must also be noted that the council has no jurisdiction in land ownership
disputes. Such disputes are entirely matters for the Courts. In relation to inaccurate
certificates or alleged inaccuracy the key issue is prejudice to other interested parties.
Mr O’Kane has challenged the certificate and officers brought the matter to the agent’s
attention. The agent has responded advising she is satisfied that the certificate has been
correctly served and provided information confirming that Susan and James Mullan have an
address at 14 Cregg Road. It is also the case that Susan Mullan and Clare McMonagle (both
signatories as Directors of Gortilea Social Farm on the ‘Certificate of Incorporation of a
Community Interest Company’ as is James Mullan) attended a meeting with officers on 5th
December in the council offices; officers are satisfied that interested parties are aware of the
application and that no prejudice arise.
10.2 Letters of Support
There have been 68 letters of support and a petition of support with 54 names received. Many
of these are from parents of children who use hippotherapy at Gortilea Social Farm. The
Appendix 8
letters outline various medical conditions which the children have and how the children have
benefitted from hippotherapy.
The therapeutic benefits of hippotherapy, is not disputed. This application considers only the
landuse planning implications of the provision of storage and parent’s waiting area as a use
ancillary to the Hippotherapy service and the impact of the use on visual and residential
amenity.
11. Planning Assessment & Other Material Considerations
11.1 Section 6 (4) of The Planning Act (Northern Ireland) 2011 requires the Council to make
planning decisions in accordance with the local development plan, unless material considerations
indicate otherwise.
11.2 Derry Area Plan 2011
The area plan map for Claudy indicates that the site is unzoned white land within the settlement
development limits. White land is land within a development limit, not zoned for a specific use.
White land sites may be able to accommodate a range of different land uses, however each
proposal is considered on its individual merits.
11.3 Strategic Planning Policy Statement for Northern Ireland (SPPS)
Current regional policy for consideration of the development subject of this application is provided
by the SPPS para 2.3 which states:
‘The planning system operates in the public interest of local communities and the region as a
whole, ….. It does not exist to protect the private interests of one person against the activities of
another ….The basic question is not whether owners and occupiers of neighbouring properties
would experience financial or other loss from a particular development, but whether the
proposal would unacceptably affect amenities and the existing use of land and buildings that
ought to be protected in the public interest. Good neighbourliness and fairness are among the
yardsticks against which development proposals will be measured’.
11.4 Sections 4.11 – 4.12 of the SPPS refer to Safeguarding Residential and Work Environs and
state there are a wide range of environment and amenity considerations, including noise, which
should be taken into account by planning authorities when managing development. The planning
system has a role to play in minimising potential adverse impacts, such as noise or light pollution
Appendix 8
on sensitive receptors by means of its influence on the location, layout and design of new
development.
11.5 Planning Policy Statements
Planning Policy Statement 3: Access, Movement and Parking (PPS3) and Planning Policy Statement
8: Open Space, Sport and Outdoor Recreation are also material to consideration of this application
and is identified by the SPPS as a retained policy document. The SPPS introduces transitional
arrangements which will operate until the Council’s Plan Strategy has been adopted. During this
period planning authorities will apply the existing policy (contained in the PPSs, referred to as the
retained policy) together with the SPPS.
The SPPS states that where there is any conflict between the SPPS and the retained policy or any
policy clarification provided in the SPPS that would conflict with the retained policy, the SPPS
should be accorded greater weight in the assessment of individual planning applications.
In this case there is no conflict between the policy direction of the SPPS and PPS3.
11.6 Planning Policy Statement 3: Access, Movement and Parking
Policy AMP 2 Access to the public road
This policy considers development involving the intensification of the use of an existing access.
Planning Policy Statement 8: Open Space, Sport and Outdoor Recreation
Policy OS 5 ‘Noise Generating Sports and Outdoor Recreational Activities’ states that the
development of sport or outdoor recreational activities that generate high levels of noise will
only be permitted where all the following criteria are met:
(i) there is no unacceptable level of disturbance to people living nearby or conflict with other
noise sensitive uses;
(ii) there is no unacceptable level of disturbance to farm livestock and wildlife; and
(iii) there is no conflict with the enjoyment of environmentally sensitive features and locations or
areas valued for their silence and solitude.
Assessment
11.7 This application seeks retrospective permission to retain a shed erected to provide storage
for therapy equipment and a parents waiting area; the use of the shed is considered ancillary to
the Hippotherapy service provided in the shed subject of application ref: LA11/2019/0012/F. This
application considers the impact on visual and residential amenity of the subject shed.
Appendix 8
11.8 In accordance with section 2.3 of the SPPS, the planning merits of this development centre
on whether the design and use of the shed would unacceptably affect:
- the amenities of the owners and occupiers of neighbouring properties and
- the existing use of land and buildings that ought to be protected in the public interest.
11.9 Amenity considerations arising from the development, include noise and general nuisance,
overlooking and privacy, impact on the visual amenity of neighbours arising due to the size, scale
and design of the subject building and in combination with the shed marked A in figure 2 (i.e the
shed approved under A/2002/654/F) and traffic generation.
Odour and environmental impacts arising from waste management of horse manure are
considered under application LA11/2019/0012/F (appendix 7) as that application deals with the
acceptability in principle of the provision of Hippotherapy services at this location.
11.10 Matters relating to design, visual impact, loss of light and overshadowing and the
cumulative visual impact of both sheds are pertinent considerations in this case as this is an
additional shed on the site, built without the benefit of planning permission and for which
planning permission is required.
Visual Impact
11.11 The site is surrounded by residential dwellings on its northern, eastern and western
boundaries and by CumberClaudy Primary School to the south. Consequently public views of the
site from the Glenshane Road, Cregg Road and Cregg Mor Drive are limited.
The site is viewed principally from No. 359 Glenshane Road, 12 Cregg Road and dwellings 1, 3,5,7
and 9 Cregg Mor Drive.
The design and finishes of the sheds can be seen from figures 6, (the shed subject of this
application) and 7 (subject shed and the shed subject of appendix 7).
11.12 The shed approved under A/2002/0654/F is a long established feature in the locality and as
no changes to its appearance, size or scale are proposed, this building imposes no additional visual
impact on No. 359 Glenshane Road, No. 12 Cregg Road or Nos. 1, 3,5,7 and 9 Cregg Mor Drive.
Appendix 8
11.13 The photograph in Figure 7 is taken from the garden area of No. 359 Glenshane Road;
officers visited this property with Mr. O’Kane’s permission (i.e. the occupier of No. 359) on 1st
March 2019. The shed subject of this application is more modest in scale than the shed approved
under A/2002/0359/F, albeit it extends to approximately 15m in length. The subject shed is a
monopitch construction (figure 9) and the lowest part of the roof of the building faces No. 359. It
measures 3.5m to eves along this elevation. A close board fence which defines the boundary
between No. 359 and the application site screens approximately 1.5m of the shed height. A hedge
is partly planted along the site boundary within the curtilage of No. 359. Viewed together from
No. 359, the subject shed appears subordinate to the larger shed. The materials used in the
construction of the building matches that of the larger shed and the dark material finish assists
with absorbing the building allowing it to integrate as part of a holistic building group. Given the
scale of the building and the separation distance of approx. 18 between it and No. 359 the visual
impact from this view point is not considered to be unacceptably visually intrusive. Mr. O’Kane
has cited dominance and a feeling of being hemmed in by the development as it extends for the
length of the property boundary. Officers consider that the separation distance between No. 359
and the sheds on the boundary at approx. 18m at the closest point is sufficient to negate an over-
dominant influence of the subject shed.
11.14 There are no views of the subject shed from No. 12 Cregg Road.
11.15 The dwellings in Cregg Mor Drive are orientated perpendicular to the subject shed. Nos. 1
and 3 view the rear elevation and gable of the shed, whilst Nos. 5, 7 and 9 view the gable and front
of the shed. The shed is subordinate in size and scale when viewed along with the larger shed and
is provided a backdrop by it as viewed from these properties. The dark material finishes assist with
absorbing the subject shed against the backdrop provided by the larger shed. Combined with a
separation distance of approx. 22m from the application site boundary, the building group is not
considered to be unacceptably visually intrusive.
11.16 The dark coloured material that the shed is clad in does exhibit an industrial or agricultural
appearance. Officers consider that the dark coloured finish of the building assists with reducing
the massing and size of the building. A light coloured render finish would, by contrast, have the
effect of making the building more conspicuous. Should members consider that the material finish
is not appropriate in this context however, Officers will consider alternatives.
Appendix 8
Overlooking and Privacy
11.17 There are no windows, doors or other openings on the elevation of the subject shed facing
No. 359 Glenshane Road (Figure 7) which would allow overlooking onto this property and a
consequent loss of privacy. Also evident in figure 7 is the gable of the shed subject of planning
application LA11/2019/0012/F (appendix 7); there are also no openings, doors or windows which
would allow overlooking onto No. 359 Glenshane Road. In respect of the matter of overlooking
and privacy officers consider that the subject shed improves the privacy of No.359 Glenshane
Road by closing off the yard and preventing views from the application site into the private garden
area and sun room of no. 359 Glenshane road. Prior to the erection of the subject shed,
overlooking onto No. 359 would have been possible from the yard of the application site as only
a low wall defined the boundary between both properties.
11.18 The subject shed has no impact on No. 12 Cregg Road as that property is separated from
the subject shed by the shed marked A in Figure 2.
11.19 The eastern boundary of the site which faces the properties in Cregg Mor Drive is defined
by a stepped concrete wall. The properties in Cregg Mor Drive are at a lower level than the
application site. The rear boundaries of these properties benefits from some planting. To prevent
overlooking from the yard of the site onto these properties, a condition requiring a 2m high fence
is recommended to ensure the privacy of the properties in Cregg Mor Drive is protected. Given
the distance of approx. 22m between the site and these properties, it is not considered that the
fencing would result in overshadowing or overdominance of the properties in Cregg Mor Drive.
Loss of Light and Overshadowing
11.20 There is no adverse impact on surrounding neighbouring properties in terms of loss of light,
as there is adequate separation distance between sheds which have been erected and the
neighbouring properties at No.359 Glenshane Road, No. 12 Cregg Road and No.s 3 and 5 Cregg
Mor Drive.
11.21 There is adequate separation distance of approximately 18 metres between the existing
shed and No. 359 Glenshane Road and of approximately 22 metres between the boundary of the
application site and No.s 3 and 5 Cregg Mor Drive. There is approximately 35 metres between the
existing shed and the boundary with No.12 Cregg Road.
Appendix 8
Noise and General Disturbance
11.22 Noise resulting from participation by patrons during hippotherapy sessions is considered
under application ref: LA11/2019/0012/F (appendix 7). Noise resulting from the use of this shed
subject of this application is considered below.
11.23 The storage of equipment is not in itself noise generating. Noise could be generated when
equipment is moved into and out of the shed. The equipment referred to includes Trampoline,
Balance boards, wobble boards and stones, Mats for ground work, Weighted blankets
dark den, sensory small light up toys, Social story books and visual aids, Educational material
toys, equipment for the ponies – saddles, bridles etc. It is not considered that the movement of
pieces of equipment such as this would be noise generating to the extent that it would be
detrimental to the amenity of neighbours. Environmental health was consulted for comment
and sought clarification with the applicant the type of storage equipment to be stored and
established that this would not include farm machinery. EHD has no objection and advises that
in the future should the premises give rise to unreasonable levels of noise, they have regulatory
powers to investigate and take any enforcement deemed necessary to cease any statutory
nuisance.
11.24 In respect of the use of the waiting area by parents and the provision of CCTV facilities, it is
not considered that this will be a source of noise, as it has been established under application
reference LA11/2019/0012/F that the principle hippotherapy use is a use which itself requires a
quite environment.
Hours of operation
11.25 The agent has explained that patrons arrive for therapy sessions no earlier than 10am and
have left the premises by 3pm on the days that the service is provided. This means that at times
when neighbouring residents can reasonably expect their environs to be more peaceful (i.e. in the
early mornings and in the evenings), that the residential amenity of neighbours is not impacted
on by the arrival and departure of patrons and activities associated with the delivery of the
hippotherapy sessions. A condition restricting the hours when patrons attend to between 10am
and 3pm is considered necessary to ensure this remains the case.
11.26 Officers consider that as patrons attend individually for their therapy sessions and given
that parents wait inside a dedicated the subject shed and subject to a condition restricting the
hours when the service can be delivered, the use is unlikely to generate unacceptable levels of
Appendix 8
noise. It is considered therefore that there is no unacceptable level of disturbance to people living
nearby or conflict with other noise sensitive uses.
Roads Issues – Increased Traffic/Access
11.27 As noted above, DfI Roads have reviewed this application in conjunction with application
LA11/2018/0929/F. The applicant/agent has indicated that the number of vehicles on average
attracted to the site each day is 5 no. The representations have been reviewed with the main
roads related point raised being the intensification of Cregg Road. DfI Roads consider that the
number of vehicles attracted to the site and the associated intensification of Cregg Road is minimal
and have no objections to the proposals.
11.28 In respect of parking, 2 staff vehicles are parked at No. 14 Cregg Road and as only one child
at a time is catered for during a session parking for one car is required in the yard at the sheds.
Figure 2 indicates that there is sufficient space within the yard to manoeuvre and park vehicles
attending the service.
Summary:
11.29 In consideration of the proposal against section 2.3 of the SPPS and policy AMP 2 of PPS3
the use of the subject shed for the provision of Hippotherapy sessions is unlikely to be detrimental
to local residents by reason of noise and general disturbance and is unlikely to result in an
intensification of use of the existing access making it unsafe, due to the operational requirements
of the business i.e. Clients require a quiet and calm environment, attend sessions individually not
in groups and attend between the hours of 10am to 3pm Wednesday to Friday and only until 1pm
on occasional Saturdays. The visual amenity of the area is not considered to be unduly
impacted….., Neighbours at 359 Glenshane Road and 12 Cregg Road are not overlooked at all and
while some overlooking onto properties in Cregg Mor Drive is possible this can be remedied by
the provision of fencing and so the development does not merit refusal on this ground.
Overshadowing is not an issue given the separation between the building on the site and
surrounding neighbours. It is considered therefore that as the development does not
unacceptably affect amenities and the existing use of land and buildings that ought to be
protected in the public interest it causes no demonstrable harm and thereby accords with the
requirement of section 2.3 of the SPPS.
Appendix 8
12. Conclusion and Recommendation
Having considered the proposal against the area plan, planning policy, concerns raised by local
residents and responses received from consultees, it is considered that the use is unlikely to be
detrimental to residential amenity. The use of the subject shed to provide hippotherapy is
considered acceptable at this location and approval is recommended subject to the conditions set
out in section 13.
13. Conditions
1. This decision notice is issued under Section 55 of The Planning Act (Northern Ireland)
2011.
Reason: This is a retrospective application.
2. No Hipportherapy sessions shall be attended at the premises outside the following times
10am - 3pm Wednesday to Friday and 10am to 1pm on Saturday.
Reason: To safeguard the living conditions of residents in adjoining and nearby properties.
3. Within 6 weeks of the date of this permission, a 2m high fence shall be erected along the
eastern boundary of the site.
Reason: To safeguard the privacy of residents in adjoining and nearby properties.
4. The vehicular access, including visibility splays and any forward sight distance, shall
be provided in accordance with Drawing No. 02 bearing the date stamp 20 December 2018,
within 3 months of the date of approval. The area within the visibility splays and any forward
sight line shall be cleared to provide a level surface no higher than 250mm above the level of
the adjoining carriageway and such splays shall be retained and kept clear thereafter.
Reason: To ensure there is a satisfactory means of access in the interests of road safety and
the convenience of road users.
Appendix 8
5. The access gradient to the development hereby permitted shall not exceed 8% (1 in
12.5) over the first 5 m outside the road boundary. Where the vehicular access crosses
footway, the access gradient shall be between 4% (1 in 25) maximum and 2.5% (1 in 40)
minimum and shall be formed so that there is no abrupt change of slope along the footway.
Reason: To ensure there is a satisfactory means of access in the interests of road safety and
the convenience of road users.
6. Within 3 months of the date of approval, the hard surfaced areas shall be
constructed and permanently marked in accordance with the approved drawing no. 02
bearing date stamp 20 December 2018 to provide adequate facilities for parking, servicing
and circulating within the site. No part of these hard surfaced areas shall be used for any
purpose at any time other than for the parking and movement of vehicles.
Reason: To ensure that adequate provision has been made for parking, servicing and traffic
circulation within the site.