Derry City and Strabane District Council Planning Committee Report. into 5 no. apartments/change of use.

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1 Derry City and Strabane District Council Planning Committee Report COMMITTEE DATE: 1 st July 2015 APPLICATION No: APPLICATION TYPE: PROPOSAL: LOCATION: APPLICANT: AGENT: A/2014/0437/LBC Listed Building Consent The proposal is for internal alterations and refurbishment to permit subdivision into 5 no. apartments/change of use. 1 Academy Road, Derry Gerry Donaghy Eddie Kerr Architects Ltd 5 Thistlewood Park, Derry ADVERTISEMENT: STATUTORY EXPIRY: RECOMMENDATION: Approve REASON FOR PRESENTATION TO COMMITTEE: Development of 5 or more residential units. All planning application forms, drawings, letters etc. relating to this planning application are available to view on 1. Description of Proposed Development The proposal is for internal alterations and refurbishment to permit sub-division into 5 no. apartments/change of use at 1 Academy Road, Derry. The property is a Listed Building and Planning are also processing an accompanying full application for this site. 2. Site and Surrounding Area The site is located within the development limits of Derry City as defined in the Derry Area Plan 2011 within a high density residential area at the junction with Northland Road and Academy Road. The application site contains a large 2 storey property site. The terrace of dwellings at Crawford are to the rear of the site and a line of mews buildings abutt the site along Academy Road. The Londonderry Model Primary School is located to the West of the site and the Social Security offices are located on the opposite side of the Northland Road to the South east of the site.

2 Appendix 11

3 Appendix Site Location Map

4 4. Site Constraints The site is within the Clarendon Street Conservation Area and is a listed building in a row of listed buildings. 5. Neighbour Notification Report No neighbour notification carried out on a Listed Building Consent, neighbours are notified through the full permission application ref: A/2014/0435/F. 6. Objections / Representations Objections were received under Ref A/2014/0435/F- the only aspect of the objection in relation to the listed building was to ask if a listed building objection had been submitted. 7. Relevant Site History The agent has advised that the site was registered and operated as a 7 bedroom HMO from August August Policy Framework PPS1- assessed under A/2014/0435/F PPS3- assessed under A/2014/0435/F PPS6- PPS7- assessed under A/2014/0435/F Derry Area Plan assessed under A/2014/0435/F 9. Consultee Responses NIEA- HBU have responded that it complies with PPS Planning Assessment and Other Material Considerations This site is within the Central Area of Derry City and is within the designated flat zone as per Map FL1 of the Derry Area Plan 2011 The application is assessed under Policies BH7, BH8, BH11 and BH12 of PPS6 Policy BH7 deals with change of use of a listed building. The change of use will be permitted where this secures its upkeep and survival and the character and architectural or historic interest of the building would be preserved or enhanced. There are minimal external works and the use as five flats brings the building back into use as it has been vacant and in a poor state of repair for the last few years. This meets the test of BH7 Policy BH8 deals with Extensions and alterations to a listed building and BH11 deals with development affecting the setting of a listed building. This can be met as long as the historic fabric of the building remains and the scale and massing does not affect the setting of the building. Most of the internal fabric of the building was lost in a fire a number of years ago so this proposal has minimum impact on the external fabric and as such meets BH8, it also meets BH11 as the changes are mainly reconfiguration of the existing buildings to convert it into flats. Policy BH12 deals with new development in a conservation area. This is seen as acceptable when the development preserves or enhances the character and appearance of the area. The development should be sympathetic and the scale form and materials match those of surrounding buildings. The development should not cause noise nuisance or disturbance or be detrimental to the character of the area. This building had previously been subject to a fire and it also had a major roof leak. The building was in such a poor state of repair that the Environment Minister Mark Durkan served an emergency works notice on the building, such was the fear that the building would be lost. As a result the building was secured and subsequently sold to this developer who has proposed converting the building to five flats. The works to the building are mainly internal with extra doors

5 on the outside to serve the new flats. The immediate area at Asylum Road and Crawford Square is predominantly in flat and HMO use so this proposal would not detract from the area and would match the character of the area. The materials and scale of the building will not change through this application. As such I would recommend approval of the application under PPS6. Conclusion and Recommendation Having considered all material considerations before including the development plan, planning policies, consultations, site history, representations from third parties and the applicant, I would recommend that the Planning Committee give consideration to my professional report and my recommendation to grant Listed building consent for the internal alterations and refurbishment to permit sub-division and change of use to five apartments. 11. Conditions: The proposed works must be begun not later than the expiration of 5 years beginning with the date on which this consent is granted as required by Article 86 of the Planning Act (Northern Ireland) Order Reason: Time Limit. The development shall be carried out in accordance with the stamped approved drawings No: 01, 02, 03, 04 and 05 bearing the date stamp 29 th August (Rev1) bearing the date stamp 31 October (Rev2) bearing the date stamp 2 nd April Reason: To ensure the development is carried out in accordance with the approved plans. Informatives This permission should be read in conjunction with consent ref: A/2014/0435/F This approval does not confer title. It is the responsibility of the developer to ensure that he controls all the lands necessary to carry out the proposed development. This permission does not alter or extinguish or otherwise effect any existing or valid right of way crossing, impinging or otherwise pertaining to these lands.

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