Local Development Plan 2030 - Schedule of Proposed Modifications by Mid and East Antrim Borough Council

Local Development Plan 2030

Draft Plan Strategy Schedule of Proposed Modifications January 2021

Contents Introduction ......................................................................................................................................................................................................................................................... 1 Schedule of Proposed Modifications .................................................................................................................................................................................................................. 2 What Happens Next............................................................................................................................................................................................................................................ 3 Schedule of Proposed Modifications ............................................................................................................................................................................................................. 5 1.0 Introduction ................................................................................................................................................................................................................................................... 5 2.0 Setting the Context ....................................................................................................................................................................................................................................... 5 4.2 Strategic Objectives ...................................................................................................................................................................................................................................... 6 SGS3 Strategic Allocation of Housing to Settlements ........................................................................................................................................................................................ 9 SGS5 Management of Housing Supply .............................................................................................................................................................................................................. 9 5.4 Economic Development Strategy ............................................................................................................................................................................................................... 11 SGS7 Retail Hierarchy...................................................................................................................................................................................................................................... 11 SGS8 Tourism Strategy .................................................................................................................................................................................................................................... 12 5.7 Transport Strategy ...................................................................................................................................................................................................................................... 12 5.8 Open Space Strategy â&#x20AC;&#x201C; Implementation..................................................................................................................................................................................................... 13 SGS9 Open Space Strategy ............................................................................................................................................................................................................................. 13 5.9 Countryside Strategy Introduction & Proposal/Policy Aims ........................................................................................................................................................................ 15 CS2 Special Countryside Areas ....................................................................................................................................................................................................................... 15 CS3 Areas of Constraint on High Structures .................................................................................................................................................................................................... 16 CS5 Antrim Coast and Glens Area of Outstanding Natural Beauty ................................................................................................................................................................. 21 CS8 Protection of Main River Corridors ........................................................................................................................................................................................................... 22 CS9 Development at Risk from Land Instability or Coastal Erosion ................................................................................................................................................................ 22 Policy GP1 General Policy for all Development ............................................................................................................................................................................................... 25 7.1 Economic Development - Introduction........................................................................................................................................................................................................ 30 Policy ECD1 Economic Development in Settlements ...................................................................................................................................................................................... 30 Policy ECD4 Economic Development in the Countryside ................................................................................................................................................................................ 31 Policy RET1 Retail in Town Centres ................................................................................................................................................................................................................ 34 Policy RET2 Retail Impact Assessment ........................................................................................................................................................................................................... 35

Policy RET3 Retail in Villages, Small Settlements and Local Centres ............................................................................................................................................................. 36 Policy RET4 Rural Shops and Roadside Service Facilities.............................................................................................................................................................................. 37 Policy TOU2 Tourism Development in Settlements and Tourism Opportunity Zones ..................................................................................................................................... 38 Policy TOU3 All Tourism Development in the Countryside .............................................................................................................................................................................. 39 Policy TOU4 Tourist Amenities in the Countryside .......................................................................................................................................................................................... 40 Policy TOU5 Hotels, Guest Houses and Tourist Hostels in the Countryside ................................................................................................................................................... 40 Policy TOU6 Self Catering Accommodation in the Countryside ...................................................................................................................................................................... 42 7.4 Minerals Development Introduction ............................................................................................................................................................................................................ 43 Policy MIN1 Mineral Development â&#x20AC;&#x201C; Extraction and Processing of Hard Rock and Aggregates..................................................................................................................... 44 Policy MIN2 Valuable Minerals ......................................................................................................................................................................................................................... 46 Policy MIN3 Hydrocarbons ............................................................................................................................................................................................................................... 48 Policy MIN4 Areas of Constraint on Mineral Development .............................................................................................................................................................................. 49 Policy MIN5 Area of Salt Reserve, Carrickfergus ............................................................................................................................................................................................. 49 Policy MIN6 Development at Risk of Subsidence due to past or present underground mineral extraction ..................................................................................................... 50 Policy MIN7 Peat Extraction ............................................................................................................................................................................................................................. 50 Policy MIN8 Restoration and Management of Mineral Sites ............................................................................................................................................................................ 50 8.1 Housing â&#x20AC;&#x201C; Introduction ................................................................................................................................................................................................................................ 54 Policy HOU1 Quality in New Residential Development in Settlements ............................................................................................................................................................ 54 Policy HOU3 Residential Extensions and Alterations ...................................................................................................................................................................................... 55 Policy HOU5 Affordable Housing in Settlements ............................................................................................................................................................................................. 55 Policy HOU6 Housing Mix (Unit Types and Sizes) ........................................................................................................................................................................................... 56 Policy HOU7 Adaptable and Accessible Homes .............................................................................................................................................................................................. 56 Policy HOU9 Replacement Dwelling ................................................................................................................................................................................................................ 57 Policy HOU16 Affordable Housing in the Countryside ..................................................................................................................................................................................... 58 Policy OSL5 Sport and Outdoor Recreation Facilities ...................................................................................................................................................................................... 59 Policy TR6 Parking and Servicing .................................................................................................................................................................................................................... 65 Policy TR7 Provision of Car Parks ................................................................................................................................................................................................................... 65 Policy FRD4 Sustainable Drainage (SuDS) ..................................................................................................................................................................................................... 66 Policy FRD6 Development in Proximity to Controlled Reservoirs .................................................................................................................................................................... 67 9.3 Renewable Energy Introduction ................................................................................................................................................................................................................. 67

Policy RE1 Renewable Energy Development .................................................................................................................................................................................................. 68 Policy TOC1 Telecommunications Development and Overhead Cables ......................................................................................................................................................... 70 Policy WMT3 Waste Disposal Sites ................................................................................................................................................................................................................. 72 Policy WMT4 Development in the vicinity of a Waste Management Facility .................................................................................................................................................... 73 10.1 Historic Environment................................................................................................................................................................................................................................. 75 Policy HE1 Archaeological Remains and their Settings ................................................................................................................................................................................... 76 Policy HE6 Conservation Areas ....................................................................................................................................................................................................................... 76 Policy HE8 Non-listed Locally Important Building or Vernacular Building ........................................................................................................................................................ 78 Policy HE9 Enabling Development for the Conservation of Heritage Assets ................................................................................................................................................... 79 Policy AD1 The Control of Advertisements ...................................................................................................................................................................................................... 79 Policy NAT1 European and Ramsar Sites – International................................................................................................................................................................................ 83 Policy NAT2 Species Protected by Law ........................................................................................................................................................................................................... 83 Policy NAT4 Sites of Nature Conservation Importance – Local ....................................................................................................................................................................... 84 Abbreviations and Glossary .............................................................................................................................................................................................................................. 86 Technical Supplement 1 – Monitor & Review ................................................................................................................................................................................................... 89

Introduction 1.1

Mid and East Antrim Borough Council is currently in the process of developing a new Local Development Plan (LDP) for the Borough. This will replace the existing Area Plans and provide a revised policy framework to inform planning decision making and guide development in Mid and East Antrim until 2030.

1.2

The LDP is made up of two documents, the first of which is the draft Plan Strategy, which will then be followed by the Local Policies Plan. The draft Plan Strategy was published on 17 September 2019 and consulted upon between 16 October and 11 December 2019. Following closure of the public consultation period, the Council received 80 individual representations raising a wide range of issues.

1.3

Having considered in detail all representations received during the public consultation on the draft Plan Strategy, the Council is now proposing a number of proposed modifications which are contained within this report.

1.4

In preparing this report, the Council has taken account of the Department for Infrastructure’s ‘Development Plan Practice Note 10 – Submitting Development Plan Documents for Independent Examination (December 2019)’ (DPPN 10).

1.5

The proposed modifications to the draft Plan Strategy will be subject to an 8-week public consultation from Friday 8 January to Friday 5 March 2021. The purpose of the consultation is to inform interested parties of the Proposed Modifications to the draft Plan Strategy and afford them the opportunity to provide comment for further consideration by the Planning Appeals Commission (PAC) at Independent Examination (IE).

1.6

If responding to this consultation, comments should be limited to those that relate to the ‘soundness’ of the proposed modifications. It is important to note that this consultation is not an opportunity to add to previous representations or to make new comments on parts of the original draft Plan Strategy not subject to change. Further information on ‘soundness’ and the soundness tests can be found in the Department for Infrastructure’s ‘Development Plan Practice Note 06 – Soundness (May 2017)’ (DPPN 6).

1.7

Comments on the proposed modifications should be made in writing using the online response form which can be downloaded from the Council’s website at www.midandeastantrim.gov.uk/ldp and submitted either by email to planning@midandeastantrim.gov.uk or by post to the LDP team at the following address: Council Planning Office

Silverwood Business Park 190 Raceview Road Ballymena BT42 4HZ 1.8

The deadline for comments is 5pm on Friday 5 March 2021. Comments received after this deadline will not be accepted. Hard copies of the ‘Schedule of Proposed Modifications’ or the ‘Consultation Response Form’ can be made available on request.

1.9

It should be noted that comments received cannot be treated as confidential. All comments will be made available for public inspection and placed on the Council’s website. A copy of will also be supplied to the Department for Infrastructure and the PAC as part of the Independent Examination process. Further details are available in our LDP Privacy Notice located on the Council’s website. 1

Schedule of Proposed Modifications 1.10

The Council has compiled the following tables which identify the proposed modifications. Modifications to text have been identified as follows; • text that is being removed is shown in red strikethrough • new or amended text is coloured blue.

1.11

The corrections and proposed modifications contained within this report are ordered as they arise in the draft Plan Strategy and are identified by the appropriate section, policy or heading.

1.12

For each Proposed Modification, the document sets out the following: • Proposed Modification Reference Number: • dPS Representation Reference Number: (representation which raised the issue. In some cases, some modifications have been proposed as a consequence of changes made elsewhere in the draft Plan Strategy and these are denoted as N/A) • dPS Policy or Section (including paragraph/table number as applicable) • Summary of Issue/Justification (summarising the reasoning behind the proposed modification) • Proposed Change: (the proposed modification itself)

1.13

For ease of reading, Strategic Objectives or Policies with amended wording have been quoted in full at the end of each section. Where the corrections or proposed modifications to other text is considered more minor in nature, that correction or proposed modification is only listed in the table without the entire section of text being requoted at the end of that section.

1.14

The Proposed Modifications have also been subject to Sustainability Appraisal (SA) incorporating Strategic Environmental Assessment (SEA), Habitats Regulations Assessment (HRA); Rural Needs Impact Assessment (RNIA) and Equality (Section 75) Screening Report. These have been considered within the relevant Addendums published alongside the Schedule of Proposed Modifications. Comments are invited on these Addendums in addition to comments on the proposed changes.

1.15

Numerous sections of the draft Plan Strategy are unaffected by corrections or proposed modifications and are therefore not referred to in this report.

1.16

It should be noted that the Council has considered every representation submitted to the draft Plan Strategy. The Council’s responses to the issues raised in those representations will be presented in a draft Plan Strategy Public Consultation Report which will be submitted as part of the documentation required for IE.

What Happens Next 1.17

As soon as reasonably practicable after the expiry date of the 8-week consultation period, the Council will submit the draft Plan Strategy and all associated documents to the Department for Infrastructure for IE. All documents submitted to the Department, including those comments received on the proposed modifications, will also be made available for public inspection on the Councilâ&#x20AC;&#x2122;s website.

1.18

It should be noted that the Department for Infrastructure will ultimately be responsible for determining whether any modifications to the Plan Strategy as recommended by the PAC after IE should be implemented.

1.19

For further information on the LDP, please visit the Councilâ&#x20AC;&#x2122;s website at www.midandeastantrim.gov.uk/ldp

Part 1 1.0 Introduction 2.0 Setting the Context 4.0 Strategic Objectives 4

Schedule of Proposed Modifications 1.0 Introduction Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-001

N/A

Section 1

Add the following text to clarify the application of Policy NAT1.

All policies considered relevant to the proposed development will be taken into account by Council in the determination of a planning application. In assessing the proposal, Council will consider all relevant policies in the round. This means that applicants should not read policies in isolation, as more than one policy could apply to any proposal. Within this Plan Strategy some policies specifically reference the need to consider Policy NAT1, European and Ramsar Sites – International. This reference does not elevate NAT1 above other policies nor suggest that where NAT1 is not specifically referenced it is not relevant. Specific attention has been drawn to Policy NAT1 as it has been recommended as a mitigation measure in the draft Habitats Regulations Assessment Report to ensure that proposals are not likely to have adverse effects on the integrity of any international site.

para 1.7.8

2.0 Setting the Context Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-002

MEA-DPS-010

Section 2.1

Add reference to the ‘Living With Water Programme’ (LWWP).

Regional Water Strategy

para 2.1.11

‘Sustainable Water – a Long Term Water Strategy for Northern Ireland (2015 -2040)’ was published by DfI in March 2016. It sets out a range of initiatives to deliver the Executive’s long-term goal of a sustainable water sector. The strategy identifies how planning can impact on flood risk and water quality and aims to ensure that such matters as well as existing water and wastewater infrastructure capacity and future investment proposals inform the preparation of the LDP. 5

The ‘Living With Water Programme’ (LWWP) has been established to progress a Strategic Drainage Infrastructure Plan in order to provide a holistic and integrated approach to drainage. Work has been ongoing to identify and prioritise infrastructure issues which need addressed. Through the LWWP, issues have been identified with the Carrickfergus sewerage network system and wastewater treatment works particularly with regard to discharges in Belfast Lough. These issues have the potential to impact on capacity for new connections and may lead to new connections being refused. PM-003

MEA-DPS-006

Section 2.1 para 2.1.18

Add reference to the Northern Ireland Regional Landscape Character Assessment (NIRLCA) 2016.

•

Northern Ireland (NIRLCA) 2016

Regional

Landscape

Character

Assessment

4.2 Strategic Objectives Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-004

MEA-DPS-036

Section 4.2

Amend wording of Economic Objective a) to be consistent with the draft Plan Strategy Economic Development Strategy Proposal Aims and the SPPS Regional Strategic Objectives.

To provide a sufficient generous supply and choice of sites for business and employment uses so as to assist in promoting sustainable economic growth in Mid and East Antrim and in meeting the locational needs of particular sectors, including new and emerging sectors.

Economic Objective a)

N/A

Section 4.2 Social Objective c)

Add footnote to provide clarity between the time period used in Social Objective c) and SGS3.

To provide a sufficient supply of land for new mixed tenure housing in convenient locations to meet the anticipated housing need of around 7,500 dwellings for the period 2012-2030, including any identified special housing needs (add footnote: In April 2016 DfI published HGIs for the period 20122025. In order to more closely relate the HGI to the plan period (20152030), Council projected the HGI on a pro rata basis to calculate the housing allocation for the period 2012-2030. In 2018 when distributing the allocation of housing to settlements, Council calculated the figures for the remainder of the plan period 2018-2030 by deducting the number of completed housing units for the period 2012-2018 from the projected allocation. Refer to Appendix A).

For clarity the proposed Strategic Objectives would read as follows: Economic Objectives a) To provide a sufficient generous supply and choice of sites for business and employment uses so as to assist in promoting sustainable economic growth in Mid and East Antrim and in meeting the locational needs of particular sectors, including new and emerging sectors; Social Objectives c)

To provide a sufficient supply of land for new mixed tenure housing in convenient locations to meet the anticipated housing need of around 7,500 dwellings for the period 2012-2030, including any identified special housing needs (add footnote: In April 2016 DfI published HGIs for the period 2012-2025. In order to more closely relate the HGI to the plan period (2015-2030), Council projected the HGI on a pro rata basis to calculate the housing allocation for the period 2012-2030. In 2018 when distributing the allocation of housing to settlements, Council calculated the figures for the remainder of the plan period 2018-2030 by deducting the number of completed housing units for the period 2012-2018 from the projected allocation. Refer to Appendix A);

5.0 Spatial Growth Strategy and Countryside Strategy

SGS3 Strategic Allocation of Housing to Settlements Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-005

N/A

SGS3 J&A

Add footnote to first sentence to provide clarity between the time period used in Social Objective c) and SGS3.

This strategic proposal sets out a notional allocation figure for settlements in the top three tiers of the settlement hierarchy and grouped figures for small settlements and the countryside, all for the remainder of the Plan period 20182030 (add footnote: In April 2016 DfI published HGIs for the period 2012-2025. In order to more closely relate the HGI to the plan period (2015-2030), Council projected the HGI on a pro rata basis to calculate the housing allocation for the period 2012-2030. In 2018 when distributing the allocation of housing to settlements, Council calculated the figures for the remainder of the plan period 2018-2030 by deducting the number of completed housing units for the period 2012-2018 from the projected allocation. Refer to Appendix A).

para 5.3.8

SGS5 Management of Housing Supply Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-006

MEA-DPS-010

SGS5

Under heading ‘Main towns and Greenisland’, after point b) insert additional text to clarify the relationship between policies HOU1 and SGS5.

Applications for phase 2 housing land in advance of their re-designation as phase 1 will be refused.

PM-007

MEA-DPS-010

SGS5

Under the heading ‘Main towns and Greenisland’, after point b) add additional text to clarify when phase 2 housing land will be released.

Phase 2 housing land will be released at plan review where either of the following circumstances apply:

Under the heading ‘Remaining Small towns’ add a new heading

Villages and Small Settlements

PM-008

MEA-DPS-010

SGS5

i. The strategic allocation for the settlement would not be met by live planning permissions, urban capacity and windfall potential. ii. It is demonstrated through the NIHE Housing Needs Assessment that there is insufficient uncommitted phase 1 land to meet affordable housing needs.

PM-009

N/A

SGS5 J&A para 5.3.31

and additional text to clarify how housing supply will be managed in villages and small settlements.

Land will not be zoned in villages or small settlements in order to promote flexibility, however Housing Policy Areas will be identified where appropriate.

Add additional text to first sentence to demonstrate the types of local needs.

To retain flexibility for meeting various local needs e.g. economic or community uses, land will not be zoned for housing in villages and small settlements. Instead, where necessary, land will be identified as Housing Policy Areas (HPAs) in villages to indicate where it is anticipated that most new housing should be located. In order to meet the Spatial Growth Strategy, this may require amendments to the existing settlement limits defining our villages. This will be reviewed at Local Policies Plan stage.

For clarity the proposed amended SGS5 would read as follows: To provide a managed release of housing land in settlements, the following sequential approaches will be applied: Main towns and Greenisland Land for housing will be zoned within the three main towns and in the small town of Greenisland at Local Polices Plan stage and phased. a)

It is intended that phase 1 housing land will be zoned in the following circumstances: i. Sites with live residential planning permissions/residential development proposals likely to be approved (for sites of 0.2 hectares or above or 10 dwelling units+); ii. Previously developed and undeveloped land within the urban footprint (i.e. suitable urban capacity sites of 0.2 hectares or above or 10 dwelling units+); b) It is intended that phase 2 housing land will be zoned and held in reserve in the following circumstance: i. In settlements where the LDP strategic housing allocation would be met by live planning permissions, urban capacity sites and windfall potential, phase 2 housing land will be zoned in the existing urban fringe.

Applications for phase 2 housing land in advance of their re-designation as phase 1 will be refused. Phase 2 land will be released at plan review where either of the following circumstances apply: i. The strategic allocation for the settlement would not be met by live planning permissions, urban capacity and windfall potential. ii. It is demonstrated through the NIHE Housing Needs Assessment that there is insufficient uncommitted phase 1 land to meet affordable housing needs. Remaining Small towns Within the remaining small towns land for housing will be zoned at Local Polices Plan stage in the following circumstances: a) Sites with live residential planning permissions/residential development proposals likely to be approved (for sites of 0.2 hectares or above or 10 dwelling units+); b) Previously developed and undeveloped land within the urban footprint (i.e. suitable urban capacity sites of 0.2 hectares or above or 10 dwelling units+); c) In settlements where there remains a potential future deficit in regard to the LDP strategic housing allocation after completions, live permissions, urban capacity sites and windfall potential have been considered, additional land will be zoned for housing if it is sustainable to do so. This potentially may include land in the urban fringe or where necessary and sustainable, extending settlement limits; and d) In settlements where urban capacity sites or windfall potential would not meet the affordable housing need identified by NIHE, additional land may be zoned for housing if it is sustainable to do so and it is not reasonable for the need to be met in a nearby settlement. This potentially may include land in the urban fringe or where necessary and sustainable, extending settlement limits. 10

In selecting land to be zoned for housing in cases c) and d), priority will be given to sites which are accessible to community facilities/services and public transport, can avail of existing infrastructure, avoid flood risk and do not adversely impact on townscape character or natural or built heritage. Windfall housing within the urban footprint will be granted planning permission provided it meets the General Policy and accords with other provisions of the LDP. Villages and Small Settlements Land will not be zoned in villages or small settlements in order to promote flexibility, however Housing Policy Areas will be identified where appropriate.

5.4 Economic Development Strategy Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-010

MEA-DPS-009

Economic Development Strategy Introduction

Amend reference to Belfast Region City Deal.

Other initiatives such as Belfast Region City Deal and the Heathrow Hub bid will also contribute positively to this aspiration.

para 5.4.7

SGS7 Retail Hierarchy Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-011

MEA-DPS-010

SGS7 J&A

Clarify the difference in Portglenoneâ&#x20AC;&#x2122;s position as a village in the Settlement Hierarchy and a small town in the Retail Hierarchy.

Whilst the second tier towns vary in size and provision of services, they contain centres which perform an important function in meeting both the daily and weekly needs of local communities. Therefore, in keeping with the SPPS and to support and sustain these centres as vibrant town centres, the LDP adopts a town centre first approach for retail and other main town centres uses. Portglenoneâ&#x20AC;&#x2122;s position as a village in the Settlement Hierarchy is based primarily on population but in the Retail Hierarchy, it is elevated to the 'small town centre' tier as although the population is low, it far exceeds other villages in terms of retail offer.

para 5.5.7

SGS8 Tourism Strategy Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-012

MEA-DPS-006

SGS8 J&A

European Designated Sites extend along much of our coastline, through the Antrim Hills and Garron Plateau, Main Valley and around Lough Beg. There is potential for tourism to have a direct adverse effect on these sites and supporting habitats, or an indirect effect through increasing recreational pressure. Such potential effects will be considered through subject policies TOU3 and NAT1 and will inform any key site requirements for Tourism Opportunity Zones.

New para after 5.6.11

5.7 Transport Strategy Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-013

MEA-DPS-010

Section 5.7

Amend wording to reflect wording in the updated draft Local Transport Study (DfI).

The LTS presents a range of measures for walking, cycling, public transport, roads and parking for the period up to 2030. These nine transport measures are as follows:

para 5.7.3 1st and 2nd sentences

The LTS has considered a range of options in order to meet the seven objectives. Following a qualitative assessment process, the LTS has concluded that the following nine transport measures should assist in the future development of Mid and East Antrim to 2030.

5.8 Open Space Strategy – Implementation Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-014

N/A

Section 5.8 Implementation para 5.8.5

Correct typographical error at the start of the third sentence by changing 'These' to 'There'.

For the purposes of the LDP, open spaces is taken to mean all open space of public value. This includes not just land, but also inland bodies of water such as rivers, canals, lakes and reservoirs which may offer opportunities for sport and outdoor recreation and are often of significant amenity value. These There are a broad range of open space types, such as public parks and gardens, outdoor sports facilities (with natural or artificial surfaces) such as pitches, tennis courts and bowling greens, outdoor play areas, amenity open space often, but not exclusively in housing developments, greenways/pathways, allotments and community gardens, natural and semi-natural urban green and blue spaces, cemeteries, churchyards and civic spaces including squares and other hard surfaced areas. Open space of public value will not fall with the RDS definition of ‘brownfield/previously-developed sites’.

SGS9 Open Space Strategy Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-015

N/A

SGS9

Amend text in point seven of Open Space Strategy to widen scope.

• Provision for and facilitating of sport and outdoor recreation facilities: The LDP will support firm proposals for the delivery of new or reconfigured public playing pitches in accessible locations and in accordance with needs identified in Council’s Playing Pitch Strategy where the Council or other public bodies identify such a need.

For clarity the proposed amended SGS9 would read as follows: The Open Space Strategy comprises the following elements: • Protection of open space: The LDP will support the retention and enhancement of existing open spaces within Mid and East Antrim and new sites identified in the Local Policies Plan. •

Facilitating the development of regional and local community greenways as part of a green and blue infrastructure network: The LDP will support the delivery and protection of the following regional greenways proposed within the Borough: • Belfast to Larne (Primary Network) 13

• • • • •

Belfast to Carrickfergus (Secondary Network) Mossley to Carrickfergus via Greenisland (Secondary Network) Ballyclare to Ballymena (Secondary Network) Ballymena to Cushendall (Secondary Network) Ballymena to Kilrea (Secondary Network)

Proposals that protect, complement, extend or improve this network will be supported. The LDP will also support the delivery and protection of local community greenways within settlements and potentially connecting to the regional network beyond settlements. These will be identified in the Local Policies Plan. •

Provision for and facilitating of new public open space: The LDP will support the delivery and protection of new public open space over the Plan period where Council or other public bodies identify such a need and there is a commitment to delivery. The LDP will also support delivery and protection of ancillary open space associated with housing developments.

•

Provision for and facilitating of play space for children: The LDP will support the delivery and protection of new space for children (outside housing developments) where Council or other public bodies identify such a need. The LDP will also support the delivery of new place space for children associated with housing developments.

•

Provision for and facilitating of sport and outdoor recreation facilities: The LDP will support firm proposals for the delivery of new or reconfigured public playing pitches in accessible locations and in accordance with needs identified in Council’s Playing Pitch Strategy where the Council or other public bodies identify such a need.

•

Provision for and facilitating of community growing spaces and allotments: The LDP will support firm proposals for the delivery of new or extended community growing spaces and allotments in accessible locations, particularly for walking and cycling.

•

Provision for cemetery development: The LDP will support firm and appropriate proposals for the delivery of new cemeteries or extensions to existing cemeteries to meet identified needs.

5.9 Countryside Strategy Introduction & Proposal/Policy Aims Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-016

MEA-DPS-006

5.9 Countryside Strategy

Correct minor typographical error.

Landscape and seascape is are often of high quality.

Amend to clarify that the LDP aims to facilitate development that contributes to a sustainable rural community.

To facilitate development which contributes to a sustainable rural economy and community in Mid and East Antrim; and

para 5.9.2 PM-017

MEA-DPS-049

5.9 Countryside Strategy para 5.9.6

CS2 Special Countryside Areas Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-018

MEA-DPS-006

CS2 J&A

Add the words â&#x20AC;&#x2DC;and characterâ&#x20AC;&#x2122; to the third sentence of para 5.9.12.

To this end, Council may require the submission of additional assessments which fully demonstrate that the landscape value and character, heritage, ecology and biodiversity of the area has been fully considered and that any adverse impacts can be effectively mitigated.

para 5.9.12

CS3 Areas of Constraint on High Structures Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-019

MEA-DPS-010

CS3

Structures not considered â&#x20AC;&#x2DC;High Structuresâ&#x20AC;&#x2122; should be considered under this policy. Amend the title of Policy CS3 to better align with the rationale for the designation, which is to protect highly sensitive landscapes from the adverse impacts of high structures and obtrusive development.

CS3 Areas of Constraint on High Structures and Obtrusive Development

PM-020

MEA-DPS-010

CS3

Given the consideration above, amend the wording of the first paragraph of the policy box of Policy CS3 to reflect the amended title of Policy CS3 and remove environmental reference as not in keeping with the intention of the policy.

Areas of Constraint on High Structures and Obtrusive Development (ACHSOD) (ACHS) are designated at the following locations (refer to District Proposals Maps) in order to protect the distinctive and vulnerable landscapes and the environmental assets associated with the natural and historic environment of the following areas:

PM-021

MEA-DPS-010

CS3 J&A

Given the consideration above, amend the wording to better clarify the intention of the policy and clarify what could be considered obtrusive development.

The aim of this policy is to ensure that those unique or distinctive features of the landscape, including key views that contribute to its character, value, distinctiveness, sense of place, and quality are protected from inappropriate development relating to adverse impacts related to the introduction or proliferation of tall high structures or obtrusive development. Under this policy, obtrusive development refers to development that is visually prominent in the landscape or which adversely impacts landscape character, key views or the visual quality of distinctive landscape features and their settings. Distinctive landscape features can include landforms, natural heritage assets and historic environment assets. Safeguarding the distinctive character of these areas is important to maintain the identity of the Borough and in providing opportunities for sustainable tourism growth in line with Councilâ&#x20AC;&#x2122;s strategic priorities.

para 5.9.20

PM-022

MEA-DPS-010

CS3

Remove the reference to wind turbines, electricity pylons or telecommunications masts/equipment from the policy wording of category 'Structures up to 15m in Height', to clarify that other types of development could be assessed under this category. Change the criteria numbering to letters for ease of reference.

PM-023

N/A

CS3 J&A para 5.9.22

PM-024

PM-025

N/A

CS3

Amend the wording to better reflect the intention of the policy.

The policy allows structures up to 15m in height that do not interrupt key views, are not visually prominent and which can be integrated satisfactorily into the landscape. For example, for smaller wind turbines up to 15m in height can be accommodated on suitable sites within these designated areas and such turbines could that serve local farms and remote rural communities. Development within these parameters Structures up to 15m will be considered acceptable provided all other policy tests criteria a - c are met. and the visual impact of the development is minimised The achievement of a satisfactory level of integration may be aided by through appropriate mitigation measures that ensure the satisfactory integration of the development into are sympathetic to the intrinsic character and features of the landscape. The protection of key views of landscape or heritage assets within ACHSOD and their settings within the ACHS will be is particularly important. Any development proposals which individually or cumulatively prejudice the overall integrity of the an ACHSOD will be refused.

Amend the wording under category ‘Structures above 15m and up to 25m in Height’ so that the policy wording is consistent across all height categories and to ensure that structures above 15m in height and up to 25m in height are subject to policy test a) of ‘Structures up to 15m in height’.

Structures above 15m in height up to 25 metre in height

Change the criteria numbering to letters for ease of reference.

i d) there is a need for a structure of this height;

In exceptional circumstances, structures that exceed 15m metres may be permitted subject to a maximum height of 25 m metres above original ground level where criteria a) is met and it can be demonstrated that:

ii e) there are no suitable alternative sites located outside of the designated area; and 17

iii f) appropriate mitigation measures are in place to minimise the impact of the proposed development on the designated area. PM-026

N/A

CS3 J&A para 5.9.21

PM-027

MEA-DPS-069

CS3

MEA-DPS-076

PM-028

N/A

CS3

Amend the wording to highlight that there may be a presumption other types of against development, as well as energy infrastructure. Add and remove detail to better inform the intention of policy.

Within designated ACHSOD there will be a presumption against development of that exceeds 15m in height, for example wind turbines, electricity pylons or telecommunication masts/equipment. that exceed 15m in height or any other There will also be a presumption against forms of energy infrastructure other types of development that will adversely impact on the landscape character, key views by virtue of their visual prominence, or any distinctive landscape feature or heritage asset in the designated area. and/or the environmental integrity of the designated area. Other forms of energy infrastructure could potentially include overhead electricity cables or solar energy infrastructure. Such development could potentially include solar energy infrastructure, overhead electricity cables or other obtrusive types of development.

For clarity, amend the wording 'regional significance' to 'regional importance' for the category 'Structures above 25m in Height' to make the wording of Policy CS3 consistent with Policy CS2.

Structures above 25m in Height

Amend the policy wording under category ‘Structures above 25m in Height’ so that the policy wording is consistent across all height categories and to ensure that structures above 25m in height are subject to the same policy tests as ‘structures above 15m and up to 25m in height’. Criteria d - f would apply for all structures over 15m in height.

Structures above 25m in Height

Structures that exceed 25m will only be permitted if it can be clearly demonstrated that: I. the proposal is of such regional significance importance as to outweigh any detrimental impact on the landscape character and/or environmental integrity of the designated area; and

Structures that exceed 25m metres in height above original ground level, will only be permitted if it can be clearly demonstrated that criteria d - f are met and i the proposal is of such regional significance importance, as to outweigh any detrimental impact on the landscape character, any distinctive landscape feature and/or environmental integrity heritage interest of in the designated area. ;and ii appropriate mitigation measures are in place to minimise the impact of the proposed development on the designated area.

Remove ii as reference to criteria f) now covers this point. PM-029

N/A

CS3 J&A para 5.9.26

Amend J&A wording to reflect policy wording amendments.

PM-030

MEA-DPS-010

CS3

Remove the 1st paragraph on page 97 from policy CS3 to remove direct reference to energy development.

Within Areas of Constraint on High Structures, any other form of energy infrastructure development, irrespective of its height, will not be permitted where it is visually prominent, or will otherwise adversely impact on landscape character and/or the environmental integrity of these areas. All development proposals will be required to meet the General Policy and accord with other provisions of the LDP.

PM-031

MEA-DPS-006

CS3 J&A para 5.9.20

PM-032

N/A

CS3 J&A para 5.9.25

PM-033

N/A

CS3 J&A para 5.9.26

PM-034

N/A

CS3 J&A para 5.9.26

Add new wording after para 5.9.20 of the J&A, to indicate it is anticipated that most development proposals within an ACHS will be required to be accompanied by an objective impact assessment.

High structures and obtrusive types of development can be difficult to integrate into the landscape, particularly in landscapes that are visually highly sensitive. ACHSOD are, visually, some of the most sensitive areas within the Borough. Therefore, it is likely that most proposals within an ACHSOD will be required to be accompanied by an objective assessment that will aid Council’s analysis of any potential visual impact, with the level of detail being commensurate with the nature and scale of the proposal. Landscape and Visual Impact Assessments (LVIA) are one example of such an assessment.

Amend the wording to reflect proposed amendments to TOC1.

The policy also allows for structures above 15 metres but less than 25 metres in height in circumstances where there is a need for height and where it is demonstrated that there are no suitable alternative sites outside of the designated area - for example, where the proposal is to serve a recognised telecommunications ‘not spot’ or is for essential electricity transmission or supply.

Amend wording to reflect proposed changes to policy TOC1 title (retitled TEI1)

This policy should be read in conjunction with other relevant policies in the LDP, in particular Policy RE1 Renewable Energy Development and Policy TOC1 TEI1 Telecommunications Development and Overhead Cables Electricity Infrastructure.

Update J&A to reflect policy amendments and proposed new policy name.

Structures that exceed 25 metres in height will only be granted permission in exceptional circumstances where it can be demonstrated that they are of such regional significance importance as to outweigh any adverse impact within the designated area and if the policy tests of criteria d-f are met. All proposals for structures exceeding 15 metres in height must demonstrate that appropriate mitigation measures can be put in place to mitigate the impact of the development in the designated area. This policy should be read in conjunction with other relevant policies in the LDP, in particular Policy RE1 Renewable Energy Development and Policy TOC1TEI1 Telecommunications Development and Overhead Cables. Electricity Infrastructure. 19

For clarity the proposed amended CS3 would read as follows: CS3 Areas of Constraint on High Structures and Obtrusive Development Areas of Constraint on High Structures and Obtrusive Development (ACHSOD) (ACHS) are designated at the following locations (refer to District Proposals Maps) in order to protect the distinctive and vulnerable landscapes and the environmental assets associated with the natural and historic environment of the following areas: • • • • • •

Islandmagee East and Whitehead Slemish Mountain Eastern Garron Plateau and Scarp Slopes Knockdhu, Sallagh Braes, Scawt Hill to Glenarm Headland Carrickfergus Escarpment Lough Beg and the Lower Bann River Corridor

Structures up to 15m in Height Within all of these areas, development proposals for wind turbines, electricity pylons or telecommunications masts/equipment less than 15m in height up to 15 metres in height above original ground level will be permitted, provided they: i a) do not interrupt key views from public vantage points; ii b) are not visually prominent in the landscape; and iii c) can be integrated into the landscape in a satisfactory manner. Structures above 15m and up to 25m in Height In exceptional circumstances, structures that exceed 15m metres may be permitted subject to a maximum height of 25m metres above original ground level where criteria a) is met and it can be demonstrated that: i d) there is a need for a structure of this height; ii e) there are no suitable alternative sites located outside of the designated area; and iii f) appropriate mitigation measures are in place to minimise the impact of the proposed development on the designated area. Structures above 25m in Height Structures that exceed 25m metres in height above original ground level will only be permitted, if it can be clearly demonstrated that criteria d - f are met and i the proposal is of such regional significance importance, as to outweigh any detrimental impact on the landscape character, any distinctive landscape feature and/or environmental integrity heritage interest of in the designated area. ;and ii appropriate mitigation measures are in place to minimise the impact of the proposed development on the designated area. Within Areas of Constraint on High Structures, any other form of energy infrastructure development, irrespective of its height, will not be permitted where it is visually prominent, or will otherwise adversely impact on landscape character and/or the environmental integrity of these areas. All development proposals will be required to meet the General Policy and accord with other provisions of the LDP.

CS5 Antrim Coast and Glens Area of Outstanding Natural Beauty Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-035

MEA-DPS-006

CS5

Amend to replace the words ‘closely interlinked’ with ‘visual link’ to clarify that the consideration of the development’s visual relationship with the AONB is imperative.

f) development proposals that are outside but closely interlinked with of, but have a visual link with, the AONB must have regard to the sensitivity of the setting and the visual relationship with the designated area.

For clarity the proposed amended CS5 would read as follows: Development proposals within the Antrim Coast and Glens Area of Outstanding Natural Beauty (AONB) or its setting, will only be permitted if there is no adverse individual or cumulative impact on its exceptional landscape quality, distinctive character, heritage and wildlife, which would prejudice its overall integrity. All new development proposals within the AONB or its setting must meet the General Policy, accord with other provisions of the LDP and meet all of the following additional criteria: a) the nature and intensity of the proposed use is compatible with the landscape and distinctive character of the AONB; b) in the case of buildings, the proposed development is sited and designed so as to integrate with the landscape, and where feasible, to enhance landscape quality; c) design, materials and finishes of buildings to be of high quality and to complement the design characteristics of local vernacular buildings and their settings; d) respect traditional boundary details, by retaining features such as hedges, walls, trees and gates; e) public views of key features, ridge lines and coastal headlands within the AONB are protected; and f) development proposals that are outside but closely interlinked with of, but have a visual link with, the AONB must have regard to the sensitivity of the setting and the visual relationship with the designated area. A development proposal which clearly enhances the landscape quality and/or the distinctive character of the AONB will be supported by Council. Development for the purposes of public access and public enjoyment of the AONB will be supported if it can be demonstrated that it will not adversely impact on the exceptional landscape qualities and distinctive character of the AONB or on its heritage assets and wildlife.

CS8 Protection of Main River Corridors Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

PM-036

MEA-DPS-006

CS8 J&A para 5.9.50

Summary of Issue/Justification

The term ‘biodiversity’ should be used instead of ‘ecology’ to ensure consistency between the policy justification and and the amplification.

Proposed Change

All new developments adjacent to these areas should seek where possible to enhance public access to and along the river corridors. Where appropriate this should provide a direct, safe and clear access for pedestrians and cyclists and at intervals along the river corridor provide access points across the river channel. Ecological protection and public access provision need to be carefully balanced. Access may be restricted in places in the interest of ecology biodiversity.

CS9 Development at Risk from Land Instability or Coastal Erosion Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-037

MEA-DPS-006

CS9

Add new paragraph to clarify relationship with marine policy documents.

All development proposals will also be required to meet the General Policy and accord with other provisions of the LDP and have regard to the Marine Policy Statement and Draft Marine Plan for NI.

For clarity the proposed amended CS9 would read as follows: There is a general presumption against development in known areas of land instability and/or coastal erosion. A proposal for new built development within a known area of land instability or coastal erosion will not be permitted unless the applicant has demonstrated to the satisfaction of the Council that there are no consequential risks to health and safety. Where built development is proposed in a known area of land instability or coastal erosion, the applicant will be required to carry out detailed investigations and submit a report along with the planning application to address the following matters: • •

determine the extent of land instability and /or the extent of land at risk from coastal change; and identify any remedial measures that would be adequate to permit the development.

Planning Permission will be refused where: •

development constraints arising from land instability or coastal processes cannot be sufficiently addressed so as to eliminate risk to health and safety; or 22

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there is insufficient information as to the level of risk and the threat to health and safety; or where the nature of the investigative work and/or the remedial measures to be employed would be likely to trigger land instability or coastal erosion (or change) risk elsewhere; or where the nature of the investigative work and/or the remedial measures to be employed would have significant adverse impact on biodiversity, landscape character or archaeology.

Where planning permission is granted, conditions are likely to be imposed to secure the measures necessary to ensure a safe form of development. All development proposals will also be required to meet the General Policy and accord with other provisions of the LDP and have regard to the Marine Policy Statement and Draft Marine Plan for NI.

Part 2 GP1 General Policy for all Development 24

Policy GP1 General Policy for all Development Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-038

MEA-DPS-006

GP1 (d)

Amend policy to ensure sufficient regard is had to the issue of contamination.

d) Criteria relating to Safety and the Safeguarding of Human Health/Wellbeing i. The development will not prejudice safety nor cause demonstrable harm to human health and wellbeing; ii. Where appropriate, the development should be designed so as to facilitate opportunities for active and passive recreation for everyone, both within and wherever possible, beyond the site; iii. The development is designed to deter crime and promote personal safety; iv. Any emission or discharge of effluent (including sewage) arising from the development is in accordance with legislative requirements pertaining to air and water quality; v. The development site is not at risk from flooding and the development will not cause or exacerbate flooding elsewhere, taking account of present day flood risk and the potential future risk associated with climate change; and vi. The development site is not located in an area known to be at significant risk from coastal erosion or land instability, or will not exacerbate such risks elsewhere. vii. Where a site is known or suspected to be contaminated developers will be required to carry out a detailed site investigation. Suitable mitigation must be identified to remediate any contaminated land and prevent potential adverse impacts.

PM-039

MEA-DPS-010

GP1 J&A para 6.1.8

PM-040

MEA-DPS-006

GP1 J&A para 6.1.10

Remove references to DCANs which have now been withdrawn by DfI.

Council will apply the latest supplementary planning guidance including current Departmental guidance contained within ‘Creating Places – Achieving Quality in Residential Developments’ (DOE, 2000); DCAN 11 ‘Access for People with Disabilities’ (DOE, 1991); draft Revised DCAN 11 ‘Access for All – Designing for an Accessible Environment’ (DOE, 2003); and Development Management Practice Note 12 ‘Design and Access Statements’ (DOE, 2015).

Amend justification and amplification to consider contaminated Land as a risk to

Council will ensure that all new development is safe for those who will be living, working or visiting the building(s) and/or site or the immediate locality. In this regard, Council will mainly exercise control through its role in administering the 25

safety and the safe guarding of human health and well-being.

Building Regulations. However, Council will also use its planning powers to ensure that new development is not located in areas of risk such as flood plains, areas liable to land instability and subsidence, or in the vicinity of COMAH (Control of Major Accident Hazards) sites. Where there is a potential risk from land contamination, developers will be required to provide a detailed site investigation carried out by a suitably qualified professional. Suitable mitigation must be identified to remediate any contaminated land and prevent potential adverse impacts of the development on human and non-human receptors, land or water quality. In assessing applications for residential development, Council will give due consideration to layout and design which takes proper account of deterring crime. (See Abbreviation & Glossary modifications for definition of contaminated land)

For clarity the proposed amended Policy GP1 would read as follows: Planning permission will be granted for sustainable development where the proposal accords with the LDP and there is no demonstrable harm to interests of acknowledged importance. Where this is not the case there will be a presumption to refuse planning permission. All development proposals requiring planning permission with the exception of minor proposals, will be assessed against the following general policy criteria a) - e) and will, where relevant, be required to demonstrate compliance with them. In addition, all development proposals outside settlement limits and within the countryside will also be required to demonstrate compliance with general policy criterion f).

a) Criteria relating to Design Quality and Respecting Local Character and Distinctiveness i. The development is compatible with surrounding land uses and neither the use or the built form and associated infrastructure (including hard/soft landscaping) will detract from the visual amenity, landscape quality, local distinctiveness and inherent character of the locality; ii. The development, including associated infrastructure and landscaping is of high quality and, where appropriate, complements or enhances local built form; iii. Appropriate landscaping and means of enclosure are provided so as to facilitate satisfactory integration of the development into the local townscape or rural landscape; and iv. The development does not adversely affect features associated with the historic environment/setting, natural heritage or areas recognised for their exceptional landscape quality and should seek to retain or integrate such features wherever possible.

b) Criteria relating to Safeguarding Residential Amenity i. Neither the use or the built form shall have an unacceptable adverse impact upon the amenity of existing residents living within, adjacent to or in reasonable proximity to the development site; ii. Appropriate boundary treatment and means of enclosure are provided so as to effectively mitigate against significant adverse impacts on visual amenity and, where relevant, other amenity impacts; and

iii. New residential development shall be sited so as to maintain sufficient separation distance from existing or approved infrastructure likely to prejudice residential amenity or safety.

c) Criteria relating to Access/Movement/Car Parking i. Access arrangements shall be in accordance with the latest guidance published by the Department for Infrastructure; ii. A movement pattern is provided that, insofar as possible, supports active travel (walking and cycling), meets the needs of people with disabilities or whose mobility is impaired, respects public rights of way and provides adequate and convenient access to public transport and local community facilities; iii. The existing road network has sufficient capacity or can be adequately upgraded to safely manage any extra vehicular traffic that the proposed development will generate; and iv. Adequate and appropriate provision is made for car parking in accordance with the latest supplementary planning guidance.

e) Criteria relating to Sustainable Development i. Development proposals, particularly major applications, will be expected to generally align with the LDP Spatial Growth Strategy; ii. Essential infrastructure to facilitate the development must be available or, if lacking, there must be a firm commitment in regard to its timely provision; iii. The development shall utilise sustainable drainage systems, as the preferred drainage solution, where feasible and practicable to ensure that surface water runoff is managed in a sustainable way; iv. The development does not have an unacceptable adverse impact on the quality and integrity of the environment and particularly upon local biodiversity and the delivery of ecosystem services beneficial to the community;

v. The development takes account of the efficient use of energy, water and other resources, where feasible and practicable, integrates micro-generation and passive solar design, in order to mitigate against the adverse impacts of climate change; and vi. All development will be required to have adequate provision for the storage and management of waste.

f) Criteria relating to Development in the Countryside Development proposals in the countryside should not have a significant adverse impact on landscape character, the rural character of the locality or environmental quality. The siting and design of proposals should overall be appropriate for the site, respect rural character, distinctiveness and the pattern of settlement in that area. Accordingly, a proposal for a building(s) and/or ancillary works should: i. be integrated into the surrounding landscape through the use of established boundaries such as trees and hedges, without the need to primarily rely on new landscaping or significant earthworks; ii. not result in a prominent or obtrusive feature in the landscape, for example through siting on the top of ridges or slopes, particularly when seen from critical views from roads, shared lanes, public paths, or other public vantage points; iii. be of an appropriate design, scale, height and massing for the site and the locality; iv. respect any locally distinctive traditions in the siting and design of buildings; v. respect any traditional pattern of settlement exhibited in the locality; vi. not result in a suburban style build-up of development in the area; vii. not create or add to a ribbon of development; and viii. not mar the distinction between a settlement and the surrounding countryside or result in urban sprawl.

7.0 Sustainable Economic Growth

7.1 Economic Development - Introduction Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-041

MEA-DPS-003

Section 7.1 Introduction Footnote

Amend footnote to address ECD4 (f) Agricultural and Forestry Development’ not being a Class B Use.

For the purposes of these policies, Economic Development Uses are ‘Part B Industrial and Business Uses’ as defined by The Planning (Use Classes) Order (Northern Ireland) 2015, with the exception of ‘Agricultural and Forestry Development’ in Policy ECD4.

Policy ECD1 Economic Development in Settlements Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-042

MEA-DPS-003

ECD1

Clarify what is to be included under ‘Industrial Uses’.

Towns

MEA-DPS-010

Industrial Uses and Storage or Distribution Uses A development proposal for an Class B2 or B3 Industrial Use or B4 Storage or Distribution Use will be permitted on land zoned for such purposes in the LDP, or in an existing industrial area, provided it is of a scale, nature and form appropriate to the location. Elsewhere within towns, such proposals will be determined on their individual merits. Villages and Small Settlements A development proposal for either business or industry use an economic development use in lower tier settlements in the settlement hierarchy will be permitted where all the following criteria are met.

For clarity the proposed amended Policy ECD1 would read as follows: Towns Business Uses A development proposal for a Class B1 Business use will be permitted within a town centre and in other locations specified for such in the LDP. Elsewhere within towns, such proposals will only be permitted where the applicant has demonstrated that all the following criteria are met: a) there is no suitable site within the town centre, or at the edge of a town centre, or in other locations specified for such use in the LDP; 30

b) it is a firm rather than a speculative proposal; and c) the proposal would make a substantial contribution to the economy of the town. Industrial Uses and Storage or Distribution Uses A development proposal for an Class B2 or B3 Industrial Use or B4 Storage or Distribution Use will be permitted on land zoned for such purposes in the LDP, or in an existing industrial area, provided it is of a scale, nature and form appropriate to the location. Elsewhere within towns, such proposals will be determined on their individual merits. Villages and Small Settlements A development proposal for either business or industry use an economic development use in lower tier settlements in the settlement hierarchy will be permitted where all the following criteria are met: a) the proposal is commensurate with the LDP Spatial Growth Strategy; b) the nature, scale and form/design of the proposal is appropriate to the character of the settlement; and c) the proposal is compatible with adjacent and nearby land uses. All new proposals and those seeking to extend an existing economic development use or premises within settlements will also be required to meet the General Policy and accord with other provisions of the LDP.

Policy ECD4 Economic Development in the Countryside Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-043

N/A

ECD4

Amend Title to clarify inclusion of ‘Farm/Forestry Diversification’ and and Forestry ‘Agricultural Development’ in this Policy.

‘Economic, Agricultural and Forestry Development in the Countryside’

PM-044

MEA-DPS-010

ECD4

Clarify and amend criteria d) i. in relation to demonstrating a need.

i. there is an unmet locational need

PM-045

MEA-DPS-010

ECD4

Clarify that proposed new buildings will also need to meet all the preceding criteria.

iv. The proposal is sited beside established buildings on the farm or forestry business. Exceptionally an alternative siting away from established buildings on the farm or forestry business may be acceptable where the applicant has met criteria i - iii and also demonstrated there are verifiable site specific health and safety reasons.

PM-046

MEA-DPS-008

ECD4

Amend policy criterion g) to ensure consistency of terminology, omit

g) The Conversion and Re-use of an Existing Building

PM-047

PM-048

MEA-DPS-003

MEA-DPS-010

ECD4

ECD4 J&A para 7.1.24 4th sentence

PM-049

MEA-DPS-010

ECD4 J&A

the term ‘non-listed’ and replace with ‘unlisted’.

A proposal for the conversion and re-use of an existing building for economic development use will be assessed under Policy HE8 Non-listed Unlisted Locally Important Building or Vernacular Building.

Separate out the last paragraph in the Policy box as it appears to sit under g) rather than as a separate aspect.

[Double space after g)]

Include ‘transport impacts’ wording to be consistent with paragraph 6.88 of SPPS.

The latter test will require evidence of the exploration of alternative sites in urban areas, and full consideration of all environmental and transport impacts.

Insert ‘locational’ to reflect policy box wording change.

The applicant will be required to demonstrate the locational need for, and the economic benefits of, the proposal.

In all of the above circumstances a) - g), A proposals for new offices, call centres, or storage and distribution will not be permitted unless ancillary to the main use. In addition, retailing (unless acceptable under Policy RET4 Rural Shops and Roadside Facilities) and commercial leisure uses will not be permitted in the countryside.

para 7.1.25 3rd sentence For clarity the proposed amended Policy ECD4 would read as follows: A proposal for economic development in the countryside will be permitted where it meets the General Policy and the specific criteria for each of the circumstances set out below where this policy provides opportunity for rural enterprise: a) Expansion of an established economic development use in the countryside A proposal for the expansion of an established economic development use in the countryside will be permitted where the applicant has demonstrated that all the following criteria are met: i. there is no major increase in the site area of the enterprise; and ii. involves the reuse or extension of existing buildings on site, unless the applicant has demonstrated that this is not possible. In that case, new buildings may be approved provided they are in proportion to the existing building(s) and will integrate as part of the overall development. Exceptionally, expansion beyond the existing curtilage may be acceptable where the applicant has demonstrated that relocation of the enterprise is not possible for particular operational or employment reasons and the proposal would make a significant contribution to the local economy. b) Redevelopment of an established economic development use in the countryside A proposal for the redevelopment of an established economic development use in the countryside for economic development purposes (or an appropriate sui generis employment use) will be permitted where the applicant has demonstrated that both the following criteria are met: i. there is only a proportionate increase in the site area; and ii. relative to the existing development, the proposed redevelopment scheme must demonstrate a planning gain over the site as a whole in regard to environmental and visual impact on the surrounding countryside. c) Major Industrial Development in the Countryside 32

A major industrial proposal which makes a significant contribution to the regional economy will be permitted in the countryside where the applicant has demonstrated that the proposal due to its size or site specific requirements needs a countryside location. An edge of settlement location will be favoured over a location elsewhere in the rural area. d) Small Rural Start-up Projects A firm proposal to develop a small community enterprise centre or a small rural start-up industrial enterprise on land outside a village or small settlement will be permitted where the applicant has demonstrated that all the following criteria are met: i. there is an unmet locational need; ii. there is no suitable site within the settlement; iii. the proposal would benefit the local economy or contribute to community regeneration; and iv. the development is clearly associated with the settlement, but will not dominate it, adversely affect landscape setting or otherwise contribute to urban sprawl. Preference will be given to a site adjacent to the settlement limit or reusing a building on a degraded/derelict site close to the settlement limit. Where an economic development proposal is permitted under this policy, any subsequent proposal should preferably be sited to cluster or visually link to this, subject to meeting the General Policy. e) Farm/Forestry Diversification A proposal for farm or forestry diversification will be permitted where the applicant has demonstrated that both of the following criteria are met: i. the farm or forestry business is currently active and has been active and established for the last six years; and ii. it is to be run in conjunction with the agricultural operations on the farm. Proposals will only be acceptable where they involve the re-use or adaptation of existing farm buildings. Exceptionally, a new building may be permitted where there is no existing building available to accommodate the proposed use, either because they are essential for the maintenance of the existing farm enterprise, are clearly unsuitable for adaptation and re-use or cannot be adapted to meeting the requirements of other statutory agencies. Where a new building is justified, it should be satisfactorily integrated with an existing group of buildings. f) Agricultural and Forestry Development A proposal for development on an active and established farm or forestry business will be permitted where the applicant has demonstrated that the following criteria are met: i. the farm or forestry business is currently active and has been active and established for the last six years; and ii. it is necessary for the efficient use of the farm or forestry business. In cases where a new building is proposed the applicant must demonstrate: iii. there are no existing buildings on the farm or forestry business that can be used; and iv. the proposal is sited beside established buildings on the farm or forestry business. Exceptionally an alternative siting away from established buildings on the farm or forestry business may be acceptable where the applicant has met criteria i - iii and also demonstrated there are verifiable site specific health and safety reasons. A proposal for intensive farming or animal husbandry will be required to demonstrate that it will not result in any significant adverse environmental impact, including in relation to ammonia emissions. g) The Conversion and Re-use of an Existing Building A proposal for the conversion and re-use of an existing building for economic development use will be assessed under Policy HE8 Non-listed Unlisted Locally Important Building or Vernacular Building. In all of the above circumstances a) -g), proposals for new offices, call centres, or storage and distribution will not be permitted unless ancillary to the main use. In addition, retailing (unless acceptable under Policy RET4 Rural Shops and Roadside Facilities) and commercial leisure uses will not be permitted in the countryside.

Policy RET1 Retail in Town Centres Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-050

MEA-DPS-003

RET1

Policy should include reference to alternative sequentially preferable sites within whole catchment.

c) there will be no significant adverse impact on any the town centre(s) within the whole catchment area.

PM-051

MEA-DPS-003

RET1

Amend policy and/or justification and amplification to clarify the definition of 'edge of centre'.

Edge of Town Centre boundary (i.e. adjoining it or normally within 300m);

PM-052

MEA-DPS-003

RET1 J&A

Amend ‘Suitability’ bullet point to refer to ‘town’ instead of ‘city’ centres.

Suitability - The appropriateness and likely market attractiveness for the type, scale and form of development proposed. There will be a requirement to consider flexibility in the format and scale of the development proposed for the city town centre and other centres.

para 7.2.17

For clarity the proposed amended Policy RET1 would read as follows: Proposals for retail development will be permitted within the town centre (where defined). For other locations, a sequential approach to site selection will be applied in the following order of preference: a) Edge of Town Centre boundary (i.e. adjoining it or normally within 300m); and b) Out of centre locations (i.e. outside the town centre boundary but within settlement limits) where sites are accessible by walking, cycling and public transport. Proposals for other town centre uses (cultural and community facilities, leisure, entertainment and businesses) shall also follow the same sequential approach. There will be a presumption to refuse a retail application outside of these locations unless the applicant can demonstrate that: a) alternative sites within these locations are either not suitable, not viable or not available (or any combination thereof), and; b) there is a qualitative and/or quantitative need for the proposal, and; c) there will be no significant adverse impact on the town any centre(s) within the whole catchment. area. All proposals must meet the General Policy and accord with other provisions of the LDP.

Policy RET2 Retail Impact Assessment Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-053

MEA-DPS-003

RET2

Clarify which centres a proposal requires Retail Impact Assessment to take account of.

In the case of small towns, an assessment of retail impact is required in relation to the relevant main any town centre within its catchment area, regardless of position in the retail hierarchy.

RET2

Clarify if a) and b) refer to local centres as well as town centres.

Outside town centres, but within the townâ&#x20AC;&#x2122;s settlement limit, permission may be granted for a small scale convenience shop which does not exceed 100sq.m gross external area, where it can be demonstrated that:

RET2 J&A

Clarify whether RIA thresholds apply to the size of a proposed extension alone, or the combined size of a proposed extension when added to the existing development.

As the average unit size in Ballymena and Larne town centres in 2018 was 263sq. m and 202sq. m respectively, the proposed RIA threshold of 750sq. m gross external area is deemed to be appropriate and in keeping with the existing scale of retail development in these towns. The average unit size in Carrickfergus in 2018 was 187sq. m so the proposed RIA threshold of 500sq. m gross external area is deemed appropriate. A Retail Impact Assessment is required where a proposed extension would result in the overall development exceeding the relevant thresholds above.

Suggest inclusion in justification and amplification 7.2.21 of the factors listed in SPPS 6.290 to be included in a RIA.

Refer to paragraph 6.290 of the SPPS to view Factors to be addressed in a retail impact and assessment of need include:

MEA-DPS-010 PM-054

MEA-DPS-003 MEA-DPS-010

PM-055

MEA-DPS-003

para 7.2.19

PM-056

MEA-DPS-010

RET2 J&A para 7.2.21

a) The impact of the proposal on trade and turnover for both convenience and comparison goods traders, and the impact on town centre turnover overall for all centres within the catchment of the proposal; b) The impact of the proposal on existing committed and planned public and private sector investment and investor confidence in the town centre(s); c) The impact of the proposals on the delivery of the planned/allocated sites and the LDP strategy; d) The impact on the vitality and viability of existing centres including consideration of the local context. This should take into account existing retail mix and the diversity of other facilities and activities; e) Cumulative impact taking account of committed and planned development, including plan commitments within the town centre and wider area; and, f) A review of local economic impacts. 35

PM-057

MEA-DPS-003

RET2 J&A

Clarify in what circumstances permission would be refused.

para 7.2.21

Where proposals are considered to have significant adverse impacts on one or more of these criteria, or where in balancing overall impacts of each of the criteria, the proposal is judged to be harmful, then it should be refused.

For clarity the proposed amended Policy RET2 would read as follows: All applications including extensions for retail development and town centre uses above the thresholds identified below, must be accompanied by a Retail Impact Assessment (RIA) where the proposal is located outside the town centre. â&#x20AC;˘ Above 750sq. m gross external area outside Ballymena and Larne town centres â&#x20AC;˘ Above 500sq. m gross external area outside Carrickfergus town centre and small towns In the case of small towns, an assessment of retail impact is required in relation to the relevant main any town centre within its catchment area, regardless of its position in the retail hierarchy. Outside town centres, but within the towns settlement limit, permission may be granted for a small scale convenience shop which does not exceed 100sq.m gross external area, where it can be demonstrated that: a) it meets a defined local need which cannot be met within an existing centre; and b) it will not adversely affect the vitality and viability of existing centres within its catchment. The Retail Impact Assessment should provide a proportionate response to the proposal being sought and should incorporate an assessment of need, impact and the sequential approach.

Policy RET3 Retail in Villages, Small Settlements and Local Centres Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-058

MEA-DPS-010

RET3

Suggest reflecting SPPS 6.276 to highlight circumstances whereby extensions are acceptable in local centres.

A proposal for retail development within a village or small settlement or local centre will be permitted provided: a) it is to meet a local need and which helps to sustain local communities; and b) it is in keeping with the scale, nature and design appropriate to the character of the settlement or centre. A proposal for retail extensions in a local centre will have to meet a) and b) above and will only be permitted where the applicant has demonstrated that no adverse impact will result on town centres in the catchment. 36

For clarity the proposed amended Policy RET3 would read as follows: A proposal for retail development within a village or small settlement or local centre will be permitted provided: a) it is to meet a local need and which helps to sustain local communities; and b) it is in keeping with the scale, nature and design appropriate to the character of the settlement or centre. A proposal for retail extensions in a local centre, will have to meet a) and b) above and will only be permitted where the applicant has demonstrated that no adverse impact will result on town centres in the catchment. All proposals must meet the General Policy and accord with other provisions of the LDP.

Policy RET4 Rural Shops and Roadside Service Facilities Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-059

N/A

RET4 J&A

Typing error, remove the word â&#x20AC;&#x2DC;ofâ&#x20AC;&#x2122;.

Proposals for roadside service facilities are usually linked to the selling of petrol. It is considered reasonable to expect a driver to travel at least 12 miles along a motorway or high standard dual carriageway before reaching a petrol filling station or service centre. Proposals for the development of new service facilities within 12 miles of an existing petrol station or service centre will therefore not be permitted, as the route is considered to be already adequately served. However, a proposal for the extension of facilities at an existing or approved filling station may be considered where it is of modest in size and ancillary to the selling of fuel. The increase of stand-alone retail units such as fast food units, florists and offlicenses are often associated with larger petrol filling station development and has the potential to have a negative impact on the viability of existing retail provision offered within our town centres. Therefore, the Council considers that proposals for extensions to such retail floorspace must be of such a scale and nature so as not to cause a significant impact on other centres. Office uses will not be permitted, other than those considered ancillary to the retail unit or the selling of fuel, such as a managerâ&#x20AC;&#x2122;s office. Proposals including a petrol brand totem pole signs must comply with Policy AD1 The Control of Advertisements.

para 7.2.24

Policy TOU2 Tourism Development in Settlements and Tourism Opportunity Zones Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-060

MEA-DPS-006

TOU2

All text changes recommended in Draft Habitats Regulations Assessment Report of the draft Plan Strategy, Sept 2019 pages 16-20, must be accepted in full to achieve conformity and meet the legal requirements of the Conservation (Natural Habitats, etc.) Regulations (NI) 1995 (as Add additional amended). wording â&#x20AC;&#x2DC;Policy NAT1 andâ&#x20AC;&#x2122; to second paragraph.

This policy will also apply within the designated Tourism Opportunity Zones at Carnfunnock Country Park and at the former Magheramore Quarry, subject to meeting Policy NAT1 and any key site requirements that may be introduced at Local Policies Plan stage.

PM-061

MEA-DPS-006

TOU2 J&A

Carnfunnock Country Park is adjacent to East Coast (NI) Marine proposed SPA and the former Magheramorne Quarry is adjacent to Larne Lough SPA and Ramsar site. There is potential for tourism development to have a direct adverse effect on these sites and supporting habitats, or an indirect effect through increasing recreational pressure on these sites or other marine European Designated Sites. Therefore, any tourism development that could impact directly or indirectly on a European Designated Site must demonstrate compliance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended), commonly referred to as HRA.

New para after 7.3.11

For clarity the proposed amended Policy TOU2 would read as follows: A proposal for tourism development (including a tourist amenity or tourist accommodation) will be permitted within a settlement; where it is of high quality design, meets the General Policy, accords with other provisions of the LDP and provided it is of a nature appropriate to the settlement. This policy will also apply within the designated Tourism Opportunity Zones at Carnfunnock Country Park and at the former Magheramore Quarry, subject to meeting Policy NAT1 and any key site requirements that may be introduced at Local Policies Plan stage.

Policy TOU3 All Tourism Development in the Countryside Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

PM-062

MEA-DPS-006

TOU3

All text changes recommended in Draft Habitats Regulations Assessment Report of the draft Plan Strategy, Sept 2019 pages 16-20, must be accepted in full to achieve conformity and meet the legal requirements of the Conservation (Natural Habitats, etc.) Regulations (NI) 1995 (as amended). Add additional wording ‘including Policy NAT1’ to third paragraph.

PM-063

MEA-DPS-006

TOU3 J&A New para after 7.3.14

Proposed Change

All proposals for tourism development in the countryside must also: a) meet the General Policy; and b) accord with other provisions of the LDP including Policy NAT1.

European Designated Sites extend along much of our coastline, through the Antrim Hills and Garron Plateau, Maine Valley and around Lough Beg. There is potential for tourism to have a direct adverse effect on these sites and supporting habitats or an indirect effect through increasing recreational pressure. Therefore, any tourism development that could impact directly or indirectly on a European Designated Site must demonstrate compliance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended), commonly referred to as HRA.

For clarity the proposed amended Policy TOU3 would read as follows: Within Special Countryside Areas and other ‘Vulnerable Areas’28 in the countryside, a proposal for tourism development will only be permitted where it meets the exceptions or circumstances specified in the LDP policy for the particular designation. Outside of Special Countryside Areas and other ‘Vulnerable Areas’ in the countryside, a proposal for a tourism development will be permitted where it meets the requirements of the relevant tourism policy. All proposals for tourism development in the countryside must also: a) meet the General Policy; and b) accord with other provisions of the LDP including Policy NAT1.

Policy TOU4 Tourist Amenities in the Countryside Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-064

MEA-DPS-010

TOU4 J&A

Add footnote to allow proposals to be considered in the absence of a published Council tourism strategy.

In order to facilitate assessment of large scale proposals or those that are significant for the Council area or NI, applications must be accompanied by a tourism benefit statement to demonstrate the value of the proposal in terms of tourism revenue and employment opportunity and also how it will further the aims of any regional or Council’s tourism strategy (add footnote: Prior to the publication of the regional or Council tourism strategy a tourism benefit statement is still required and should demonstrate the value of the proposal in terms of tourism revenue and employment opportunity.) Council will usually refer such proposals to Tourism NI for comment in regard to tourism benefit. Such proposals are also required to deliver sustainable benefit to the rural locality and applications must also be accompanied by a sustainable benefit statement to demonstrate such merits. Relevant considerations are set out in Appendix B Tourist Amenities in the Countryside - Sustainability Assessment.

para 7.3.18

Policy TOU5 Hotels, Guest Houses and Tourist Hostels in the Countryside Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-065

MEA-DPS-008

TOU5

To ensure consistency of terminology, omit the term ‘NonListed’ and replace with ‘Unlisted’. Amend section a) Conversion and re-use of an Existing Rural Building.

a) Conversion and re-use of an Existing Rural Building

To ensure consistency of terminology, omit the term ‘NonListed’ and replace with ‘Unlisted’.

Conversion and re-use of an Existing Rural Building

PM-066

MEA-DPS-008

TOU5 J&A para 7.3.19

A proposal for the conversion and re-use of suitable rural buildings for tourism uses, including as a hotel, guest house or tourist hostel will be assessed under Policy HE8 Non-listed Unlisted Locally Important or Vernacular Building.

The potential for the conversion and re-use of suitable rural buildings for tourism accommodation, (including use as a hotel, guest house or tourist hotel) will be assessed under Policy HE8 Non-listed Unlisted Locally Important Building or Vernacular Building.

PM-067

MEA-DPS-008

TOU5 J&A para 7.3.20

Amend text for Replacement of an Existing Rural Building paragraph to clarify the type of evidence needed and explanation of environmental benefit.

Replacement of an Existing Rural Building Replacement of an appropriate building (s) for tourism accommodation (including use as a hotel, guest house or tourist hostel), will be favourably considered in circumstances where the environmental benefit (add footnote: See Appendix B: Environmental Sustainability section (Page 326) for examples of environmental benefit. The scale of the development will reflect the amount of benefit that will be expected to be provided.) of full or partial replacement will outweigh the retention and conversion of the building. The condition of the building and the feasibility of repairing and maintaining it will also be taken into account in assessing such proposals. Where the existing building is a vernacular building, structural issues will not be given substantive weight when making a case for replacement where these have arisen due to neglect of a building through lack of maintenance or failure to secure it by the current or previous owners. Evidence will be required to indicate alternative options for stabilisation of the existing structure have been considered in efforts to retain the building. If however, evidence is submitted that clearly demonstrates that the vernacular building is found to be structurally unsound and not capable of sympathetic conversion or repair, a replacement building will be permitted for tourism accommodation. Good design is of paramount importance and redevelopment proposals must be sensitive to the rural setting and local distinctiveness.

For clarity the proposed amended Policy TOU5 would read as follows: The development of a hotel/guest house/tourist hostel in the countryside will be permitted where it complies with Policy TOU3 All Tourism Development in the Countryside and only in any of the following circumstances: a) Conversion and re-use of an existing rural building. b) Replacement of an existing rural building. c) New build proposal on the periphery of a settlement. In addition the following specific criteria relating to the relevant circumstances must be met: a) Conversion and re-use of an Existing Rural Building A proposal for the conversion and re-use of suitable rural buildings for tourism uses, including as a hotel, guest house or tourist hostel will be assessed under Policy HE8 Non-listed Unlisted Locally Important or Vernacular Building. b) Replacement of an Existing Rural Building i. the building is of permanent construction; ii. the existing building and its replacement are both of sufficient size to facilitate the proposed use in accordance with the accommodation requirements set out in Tourism (NI) Order 1992; iii. the existing building is not a listed building; iv. where the existing building is a vernacular building and/or is considered to make an important contribution to local heritage or character, replacement will only be approved where it is demonstrated that the building is not reasonably capable of being made structurally sound or otherwise improved; v. the redevelopment proposed will result in significant environmental benefit; and 41

vi. the overall size and scale of the new development, including car parking and ancillary facilities, will allow it to integrate into the surrounding landscape and will not have a visual impact significantly greater than the existing building. c) New Build Hotel, Guest House or Tourist Hostel on the periphery of a Settlement i. the proposal is firm rather than speculative; ii. there is no suitable site within the settlement or other nearby settlement; iii. there are no suitable opportunities in the locality to provide a hotel, guest house or tourist hostel either through: • the conversion and re-use of a suitable building(s); or • the replacement of a suitable building(s); and iv. the development is close to the settlement, but will not dominate it, adversely affect landscape setting, or otherwise contribute to urban sprawl. Where the principle of a new building on the periphery of a settlement is established through meeting the above criteria, Council will apply a sequential locational test, with preference being attributed to sites in the following order: • •

land adjacent to the existing settlement limit, subject to amenity and environmental considerations. a site on the periphery of the settlement limit which currently contains buildings or where the site is already in a degraded or derelict state and there is an opportunity to improve the environment. an undeveloped site close to the settlement where the development could be visually integrated into the landscape.

•

Any proposed change of use or replacement of a hotel, guest house or tourist hostel approved under this policy to a non tourism use will be resisted, unless it is demonstrated that: a) the facility is not viable in the long term, and b) there is sufficient alternative provision in the locality to offset the loss of tourism benefit. Expansion of Existing Hotels, Guest Houses and Tourist Hostels A proposal for the expansion of an existing hotel, guest house or tourist hostel will be permitted where it meets Policy TOU3 All Tourism Development in the Countryside and the following criteria: a) new or replacement building(s) are subsidiary in terms of scale to the existing building(s) and will integrate as part of the overall development; and b) any extension or new building should respect the scale, design and materials of the original building(s) on the site and any historic or architectural interest the original property may have.

Policy TOU6 Self Catering Accommodation in the Countryside Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-068

MEA-DPS-008

TOU6 J&A para 7.3.28

To ensure consistency of terminology, omit the term ‘NonListed’ and replace with ‘Unlisted’.

Policy HE8 Non-Listed Unlisted Locally Important Building or Vernacular Building and Policy ECD4 Economic Development in the Countryside – Farm/Forestry Diversification may provide other opportunities for small scale, including single unit, self-catering accommodation in the countryside. 42

7.4 Minerals Development Introduction Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-069

N/A

MIN Intro

Amend text to clarify that 84,000 people are employed in Geo-science jobs and not directly employed in the minerals industry.

Minerals are important natural resources, which are principally needed for the construction, manufacturing and energy industries. An adequate and available supply of minerals is therefore needed to support sustainable economic growth of the Northern Ireland economy and within local council areas. The minerals industry is recognised in the Executive’s draft Industrial Strategy as a key economic sector of the Northern Ireland economy, accounting for an estimated 10% of GVA and employing some 84,000 people in total, of which some 40% are in direct employment geo-science jobs.

Amend text to reflect the value of minerals industry after processing materials.

The minerals sector is also important for the local economy of Mid and East Antrim. The salt mine at Kilroot near Carrickfergus (refer to District Proposals Map 3) is the only salt mine in Ireland and valued at £6 million in 2017. There are nine active quarries in Mid and East Antrim. In 2017 the output from raw value from mineral production, before minerals have been worked the minerals sector in Mid and East Antrim, was valued at approximately £15.1m although after processing MPANI estimate that this was worth around £65m to the district economy.

Add additional text to clarify that existing Areas of Constraint on Mineral Development (ACMD) will be reviewed when additional ACMDs and/or Mineral Reserve Areas (MRA) are being considered at Plan Review stage.

Ultimately, and in line with the POP, the LDP will seek to adopt a more comprehensive plan led approach that will aim to balance the need for minerals against the need to protect and conserve the environment. It is envisaged that this will eventually result in the designation of Mineral Reserve Areas (MRAs) in order to safeguard important resources from development likely to prejudice their exploitation. At present, the LDP only proposes to define such an area around the regionally important salt mine at Kilroot. On the other hand, it is envisaged that there may be a need to review the existing Areas of Constraint on Minerals Development (ACMDs) and to consider the designation of additional Areas of Constraint on Mineral Development (ACMD) ACMDs in order to prioritise the protection of those areas identified as being of particular landscape and/or environmental importance.

para 7.4.1

PM-070

MEA-DPS-056

MIN Intro para 7.4.2

PM-071

MEA-DPS-056

MIN Intro para 7.4.7

Policy MIN1 Mineral Development – Extraction and Processing of Hard Rock and Aggregates Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-072

N/A

MIN1

Amend text to clarify that a presumption against in SCAs does not imply there is a presumption in favour within designated European sites.

Outside of Special Countryside Areas and Areas of Constraint on Mineral Development, Planning permission will be granted for the extraction and/or processing of hard rock and aggregates, when where Council is satisfied that the proposal will not have an unacceptable adverse impact upon any of the following interests.

PM-073

MEA-DPS-009

MIN1

Amend text to offer more certainty and a presumption in favour.

Planning permission can will be granted for the extraction and/or processing of hard rock and aggregates,

MEA-DPS-017 MEA-DPS-040 MEA-DPS-048 MEA-DPS-056 MEA-DPS-078 PM-074

MEA-DPS-006

MIN1

Suggest adding an additional criteria 'indigenous landscape character' to interests a-f. However, Council consider it more appropriate to amend ‘quality’ to ‘character’ in c) as it is was agreed with DAERA that impacts to visual amenity affect the landscape character.

c) Landscape quality character and visual amenity.

PM-075

MEA-DPS-006

MIN1 J&A para 7.4.15

As above

Whilst potentially difficult to reconcile with this form of development, the protection of landscape quality character and visual amenity will be afforded due weight in decision-making.

PM-076

MEA-DPS-056

MIN1

Remove 'well-being' in interest (f) as there is no evidence it relates to minerals development or how to test it.

(f) The safety and amenity and well-being of people living in proximity to operational sites.

PM-077

MEA-DPS-056

MIN1 J&A para 7.4.17

As above

The policy seeks to ensure that there are no unacceptable adverse impacts on the safety well-being, and amenity of local communities.

PM-078

MEA-DPS- 010

MIN1

Clarify that where a proposal is permitted under an exception in CS2 or CS4, Council still need to be satisfied that the proposal will not have an unacceptable adverse impact on interests a-f.

There will be a presumption against this form of minerals development in Special Countryside Areas and Areas of Constraint on Mineral Development, unless the proposal constitutes an 'exception' as specified in the policy for the particular designation. In such circumstances, protection of interests a-f, as outlined above, will apply.

PM-079

MEA-DPS-006

MIN1

Add text changes recommended in Draft Habitats Regulations Assessment Report of the Draft Plan Strategy, Sept 2019 pages 16-20.

All proposals must meet the General Policy and accord with other provisions of the LDP including Policy NAT1.

PM-080

MEA-DPS-006

MIN1 J&A

Any minerals development that could impact hydrologically on a European Designated Site requires an assessment under must demonstrate compliance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995, (as to as HRA amended), commonly referred to as HRA.

Add additional text to justify reason for presumption against extraction and processing of hard rock and aggregates in Special Countryside Areas, similar to justification and amplification 7.4.19 of MIN2.

Special Countryside Areas in Mid and East Antrim, both existing and proposed, are relatively limited in extent, and in line with the SPPS, are designated in recognition that they are the most exceptional areas in the Borough, wherein the quality of the landscape and unique amenity value is such, that development should only be permitted in exceptional circumstances. Accordingly, extraction and/or processing of hard rock and aggregates will inevitably have a significant impact and should only be allowed in circumstances where it is of such national or regional importance as to outweigh any potential adverse impact on the Special Countryside Area.

para 7.4.14

PM-081

MEA-DPS- 010

MIN1 J&A New para after 7.4.17

For clarity the proposed amended Policy MIN1 would read as follows: Outside of Special Countryside Areas and Areas of Constraint on Mineral Development Planning permission can will be granted for the extraction and/or processing of hard rock and aggregates, when where council is satisfied that the proposal will not have an unacceptable adverse impact upon any of the following interests. a) The natural environment, including the conservation of flora and fauna, natural habitats, biodiversity and earth science features. b) The water environment, including water quality and natural flow regimes. 45

c) Landscape quality character and visual amenity. d) The historic environment. e) Traffic movement and road safety. f) The safety, and amenity and well-being of people living in proximity to operational sites. There will be a presumption against this form of mineral development in Special Countryside Areas and Areas of Constraint on Minerals development unless the proposal constitutes an 'exception' as specified in the policy for the particular designation. In such circumstances, protection of interests a-f, as outlined above, will apply. All proposals must include details relating to the restoration and management of the quarry site in accordance with Policy MIN 8. All proposals must meet the General Policy and accord with other provisions of the LDP including Policy NAT1.

Policy MIN2 Valuable Minerals Proposed Modification Reference Number

dPS Respondent Reference Number

PM-082

MEA-DPS-009

Policy or Section

MIN2

MEA-DPS-078

Summary of Issue/Justification

Proposed Change

Clarify the first two sentences of the policy box. Also the 'cautious approach' in all other areas could be construed as too restrictive in terms of the SPPS.

There will not be a presumption against the exploitation of valuable minerals, including metalliferous minerals in any area, apart from within designated Special Countryside Areas. For all other areas, but particularly within areas designated for their landscape quality or other importance for nature conservation or the historic environment. Council will apply cautious approach in assessing applications for the exploitation of valuable minerals. Proposals for the exploitation of valuable minerals will be permitted where the Council is satisfied that the proposal will not have an unacceptable adverse impact upon any of the interests listed in a) to f) of Policy MIN1. Within Special Countryside Areas, permission will only be granted where the valuable mineral is of such national or regional importance, so as to outweigh any potential adverse impact on the designation.

PM-083

MEA-DPS-017

MIN2

Remove double negative from opening sentence in Policy MIN2.

There will not be a presumption against the exploitation of valuable minerals Proposals for the exploitation extraction of valuable minerals will be permitted whereâ&#x20AC;Ś

PM-084

MEA-DPS-010

MIN2

MEA-DPS-078

Amend text to clarify which parts of Policy MIN1 that proposals under Policy MIN2 have to comply.

This will require all such proposals to comply with MIN 1. Proposals for the exploitation extraction of valuable minerals will be permitted where the Council is satisfied that the proposal will not have an unacceptable adverse impact upon the any of the interests listed in a) to f) of Policy MIN1.

PM-085

N/A

MIN2

Add additional text to clarify that proposals under Policy MIN2 also have to comply with Policy MIN8, as is the case with Policy MIN1 proposals.

All proposals must include details relating to the restoration and management of the site in accordance with Policy MIN8.

PM-086

MEA-DPS-006

MIN2

Amend text to clarify there is not a presumption in favour in European Designations.

All proposals must meet the General Policy and accord with the other provisions of the LDP, including Policy NAT1.

For clarity the proposed amended Policy MIN2 would read as follows: There will not be a presumption against the exploitation of valuable minerals, including metalliferous minerals in any area, apart from within designated Special Countryside Areas. For all other areas, but particularly within areas designated for their landscape quality or other importance for nature conservation or the historic environment. Council will apply cautious approach in assessing applications for the exploitation of valuable minerals. This will require all such proposals to comply with MIN 1. Proposals for the exploitation of valuable minerals will be permitted where the Council is satisfied that the proposal will not have an unacceptable adverse impact upon any of the interests listed in a) to f) of Policy MIN1. Within Special Countryside Areas, permission will only be granted where the valuable mineral is of such national or regional importance, so as to outweigh any potential adverse impact on the designation. All proposals must include details relating to the restoration and management of the site in accordance with Policy MIN8. All proposals must meet the General Policy and accord with other provisions of the LDP, including Policy NAT1.

Policy MIN3 Hydrocarbons Proposed Modification Reference Number

dPS Respondent Reference Number

PM-087

MEA-DPS-006

PM-088

MEA-DPS-009

Policy or Section

Summary of Issue/Justification

Proposed Change

MIN3

Proposals for exploitation of hydrocarbons through conventional or unconventional methods of extraction, must comply with Policy Policies MIN1 and MIN2.

MIN3

Remove the term 'gases' as the term 'hydrocarbons' encompasses gases.

Council will apply a presumption against unconventional extraction of hydrocarbons and gases by methods such as hydraulic fracturing ('fracking'), until there is sufficient and robust evidence on all environmental impacts.

For clarity the proposed amended Policy MIN3 would read as follows: Proposals for exploitation of hydrocarbons through conventional or unconventional methods of extraction, must comply with Policy Policies MIN1 and MIN2 Council will apply a presumption against unconventional extraction of hydrocarbons and gases by methods such as hydraulic fracturing ('fracking'), until there is sufficient and robust evidence on all environmental impacts. All proposals must meet the General Policy and accord with other provisions of the LDP.

Policy MIN4 Areas of Constraint on Mineral Development Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-089

N/A

MIN4 J&A

Remove reference to a ‘cautious approach’ in line with Policy MIN2 proposed amendment and amend text to clarify that proposals permitted under the exceptions in Policy MIN4 also have to comply with a-f of Policy MIN1 and Policy MIN8.

In line with Policies MIN2 and MIN3, there will not be a presumption against the exploitation of valuable minerals within ACMD. However, Council will apply a cautious approach in assessing such proposals and permission, where it is necessary, will be dependent upon full compliance with the protection of interests a-f in Policy MIN1 and Policy MIN8. Where a potential site for valuable mineral or hydrocarbon exploitation falls within a Special Countryside Area and an ACMD, the special Countryside Area takes precedence.

para 7.4.28

Policy MIN5 Area of Salt Reserve, Carrickfergus Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-090 Modification Reference Number

MEA-DPS-017

MIN5 J&A

Amend text to avoid confusion with ‘Valuable minerals’ referred to in Policy MIN2.

The salt reserves at Carrickfergus are considered as a valuable valued mineral resource of regional importance and also rare in that this is the only active salt mine in Ireland.

PM-091

MEA-DPS-039

MIN5 J&A

MEA-DPS-048

para 7.4.30

Amend text to clarify that risk of subsidence could be from old and new shafts and old and new mining.

Where planning permission is granted for surface development in this area, and where Council perceives a risk of subsidence from either old or new shafts or old or new mining, an informative will be attached to the consent indicating the potential risk of subsidence.

para 7.4.29

Policy MIN6 Development at Risk of Subsidence due to past or present underground mineral extraction Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-092

N/A

MIN6

Typographical errorâ&#x20AC;&#x201C; Add underscore to the hyperlink for the GSNI GeoIndex map viewer.

http://mapapps2.bgs.ac.uk/GSNI_Geoindex/home.html

Policy MIN7 Peat Extraction Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-093

MEA-DPS-058

MIN7 J&A para 7.4.36

Amend text to clarify that policy applies to new sites; extensions to existing sites and that extant permissions will not be renewed.

Accordingly there will be a presumption against commercial peat extraction for new sites, extensions to existing sites and renewal of extant permissions will not be permitted. .this policy seeks to limit commercial extraction Exceptions are limited to sites where the peatland is already degraded and not reasonably capable of restoration and where there is little conservation value.

Policy MIN8 Restoration and Management of Mineral Sites Proposed Modification Reference Number

dPS Respondent Reference Number

PM-094

MEA-DPS-009 MEA-DPS-017 MEA-DPS-040 MEA-DPS-056

Policy or Section

MIN8

Summary of Issue/Justification

Proposed Change

Add an additional benefit to the list of benefits to be secured by restoration plans, to allow other sustainable options.

Restoration proposals must take account of the specific characteristics of the site and its local context and restore or, where possible, enhance the landscape character of the area. In addition, restoration proposals should secure one or more of the following benefits: â&#x20AC;˘ Enhanced biodiversity. 50

• Provision for community open space or outdoor recreation. • A tourism asset linked to the locality or the former mining activity. •

PM-095

MEA-DPS-009

MIN8 J&A

MEA-DPS-017

para 7.4.39

MEA-DPS-040

Other community, economic or environmental benefits.

As above.

Restoration of minerals development sites presents the opportunity to improve the landscape, enhance biodiversity and, provide recreational and tourist opportunities, or other community, economic or environmental benefits such as renewable energy.

Amend text to clarify that commencement of restoration programmes is within an agreed timeframe from extraction ceases, either completely or in a particular phase, rather than date in time. Amend text to accept that not all larger schemes can be restored in phases.

This Management Plan must include and adequately address the following elements:

Add additional text to explain requirements when phased restoration is not possible.

Where the operator considers that it is not possible to carry out phased restoration, they should set out the justification for this.

Amend text to clarify that bonds will only be sought in exceptional circumstances.

Council will normally secure restoration proposals through the requirement for a management plan, underpinned by conditions and/or a Section 76 Planning Agreement. A financial guarantee may also be sought in exceptional the circumstances, assessed on a case-by-case basis where there are legitimate concerns as set out in the policy.

MEA-DPS-056 PM-096

PM-097

MEA-DPS-017

MIN8

MIN8 J&A para 7.4.39

PM-098

MEA-DPS-017

MIN8 J&A para 7.4.41

a) a programme of works linked to a timescale timeframe for completion of restoration (or setting out a phased approach for progressive restoration for larger schemes where possible);

For clarity the proposed amended Policy MIN8 would read as follows: Restoration proposals must take account of the specific characteristics of the site and its local context and restore or, where possible, enhance the landscape character of the area. In addition, restoration proposals should secure one or more of the following benefits: • Enhanced biodiversity. • Provision for community open space or outdoor recreation.

â&#x20AC;˘ A tourism asset linked to the locality or the former mining activity. â&#x20AC;˘ Other community, economic or environmental benefits. This Management Plan must include and adequately address the following elements: a) a programme of works linked to a timescale timeframe for completion of restoration (or setting out a phased approach for progressive restoration for larger schemes where possible); b) site management arrangements during the process of restoration; and c) aftercare management arrangements once the restoration is complete. The restoration process shall be implemented in accordance with the approved plans and agreed timescales. Restoration proposals shall utilise materials from within the site and avoid the importation of materials, wherever practicable. Where restoration proposals involve development they must meet the General Policy and accord with other provisions of the LDP. The restoration proposals and management plan must be agreed with Council prior to the granting of planning permission and will be secured through conditions or if necessary, a Section 76 Planning Agreement. Council may require a financial guarantee in the form of a bond where there are legitimate concerns over an operatorâ&#x20AC;&#x2122;s financial security, or where the progressive restoration of the site is not being implemented in line with previous planning conditions and/or a planning agreement.

8.0 Building Sustainable Communities 53

8.1 Housing – Introduction Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

PM-099

MEA-DPS-008

8.1 Intro para 8.1.5 final bullet

Summary of Issue/Justification

To ensure consistency of terminology, omit the term ‘NonListed’ and replace with ‘Unlisted’.

Proposed Change

For proposals involving the conversion and reuse of existing buildings in the countryside see Policy HE8 Non-Listed Unlisted Locally Important Building or Vernacular Building.

Policy HOU1 Quality in New Residential Development in Settlements Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-100

MEA-DPS-010

HOU1 J&A

Amend first sentence and add additional sentence to clarify the relationship between policy HOU1 and SGS5.

The comprehensive planning of new or extended housing areas is important to avoid piecemeal development that may result in the undesirable fragmentation of a new neighbourhood and/or fail to secure the proper phasing of development in line with Strategic Proposal SGS5 or with the delivery of necessary infrastructure or facilities. In this context it should be noted that a proposal which fails to comply with SGS5 will not be granted planning permission, irrespective of its merits under Policy HOU1.

para 8.1.15

Policy HOU3 Residential Extensions and Alterations Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-101

MEA-DPS-003

HOU3 J&A

Replace the word ‘house’ with the word ‘residential’ to be consistent with policy text.

Applications for house residential extensions and alterations raise detailed, site specific issues and each case will be assessed on its individual merits. The acceptability of proposals will depend on the particular circumstances on the site and its surroundings and decisions will be informed by the guidance provided in Appendix G.

para 8.1.29

Policy HOU5 Affordable Housing in Settlements Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-102

MEA-DPS-049

HOU5 J&A

Suggest social housing should be delivered to Department for Communities Housing Association Guide Standard. However, Council consider it more appropriate to amend the second sentence to require both the mix and ‘standard’ of affordable housing to discuss with Housing Associations and NIHE.

Prior to submitting a planning application, an applicant/developer is therefore advised to liaise closely with a registered Housing Association and the NIHE to discuss the exact mix and standard of affordable housing required in each case.

para 8.1.38

Policy HOU6 Housing Mix (Unit Types and Sizes) Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-103

MEA-DPS-070

HOU6

Amend first paragraph to clarify the need for sufficient provision for smaller homes in new residential developments.

Planning permission will be granted for new residential development of 25 or more units, or on sites of one hectare or more, where a mix of house types and sizes are provided. Provision should particularly me made There should be sufficient provision for smaller homes to meet future household requirements in Mid and East Antrim. In smaller schemes the need to provide greater variety in type and size will be considered on its individual merits.

MEA-DPS-071 MEA-DPS-073 MEA-DPS-074 MEA-DPS-077

For clarity the proposed amended Policy HOU6 would read as follows: Planning permission will be granted for new residential development of 25 or more units, or on sites of one hectare or more, where a mix of house types and sizes are provided. Provision should particularly me made There should be sufficient provision for smaller homes to meet future household requirements in Mid and East Antrim. In smaller schemes the need to provide greater variety in type and size will be considered on its individual merits. The required mix of house types and sizes will be negotiated with developers, taking account of the specific characteristics of the development, the site and its context and the nature of the local housing need. In locations where apartment development of 25 or more units is considered acceptable, variety in the size of units will be required. All proposals for residential development will also be required to meet the General Policy and accord with other provisions of the LDP.

Policy HOU7 Adaptable and Accessible Homes Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-104

MEA-DPS-010

HOU7

Amend first sentence of policy text to clarify it applies to all residential development rather than just â&#x20AC;&#x2DC;a new dwellingâ&#x20AC;&#x2122;.

To assist with the delivery of adaptable and accessible homes, planning permission will be granted for a new dwelling, flat or apartment where the following criteria are met:

For clarity the proposed amended Policy HOU7 would read as follows: To assist with the delivery of adaptable and accessible homes, planning permission will be granted for a new dwelling, flat or apartment where the following criteria are met: a) where a dwelling has car parking within its individual plot boundary, at least one parking space should be capable of enlargement to achieve a minimum width of 3300mm. Where communal parking is proposed at least two out of every 20 spaces should have a width of 3300mm; b) dining areas and living rooms should allow space for turning a wheelchair; c) a living room/living space will normally be expected to be provided on the entrance level of every dwelling; d) the principal window in the principal living space should be sited to enable outlook when seated; and e) an accessible bathroom, which allows space for turning a wheelchair, should be provided on the same floor as the main bedroom. All proposals for residential development will also be required to meet the General Policy and accord with other provisions of the LDP.

Policy HOU9 Replacement Dwelling Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-105

MEA-DPS-008

HOU9

To ensure consistency of terminology, omit the term ‘NonListed’ and replace with ‘Unlisted’.

For clarity the proposed amended Policy HOU9 would read as follows: Planning permission will be granted for a replacement dwelling in the countryside where: a) the building to be replaced exhibits the essential characteristics of a dwelling; and b) as a minimum all external structural walls are substantially intact. For the purposes of this policy all references to ‘dwellings’ will include buildings previously used as dwellings. Buildings designed and used for agricultural purposes, such as sheds or stores, and buildings of a temporary construction will not be eligible for replacement under this policy. This policy will not apply to buildings where planning permission has previously been granted for a replacement dwelling and a condition has been imposed restricting the future use of the original building, or where the building is immune from enforcement action as a result of non-compliance with a condition to demolish. Listed Dwelling Planning permission will not be granted for the replacement of a listed dwelling unless there are exceptional reasons, see Policy HE4 Listed Buildings - Demolition of a Listed Building. 57

Non-Listed Unlisted Vernacular Dwelling All proposals for the replacement of an non-listed unlisted vernacular building dwelling will be assessed against this policy and the policy provisions of Policy HE8 NonListed Unlisted Locally Important Building or Vernacular Building. Non-Residential Building Favourable consideration will be given to the replacement of a permanent redundant non-residential building with a single dwelling, where the redevelopment proposed would bring significant environmental benefits and provided the building is not listed or otherwise makes an important contribution to the heritage, appearance or character of the locality. All Replacement Cases In addition to the above, a proposal for a replacement dwelling will only be permitted where it meets the General Policy, accords with other provisions of the LDP and where: a) The proposed replacement dwelling is sited within the established curtilage of the existing building, unless either: i. the curtilage is so restricted that it could not reasonably accommodate a modest sized dwelling; or ii. it can be shown that an alternative position nearby would result in demonstrable landscape, heritage, access or amenity benefits; b) The overall size of the new dwelling should allow it to integrate into the surrounding landscape and would not have a visual impact significantly greater than the existing building. For the purposes of this policy â&#x20AC;&#x2DC;curtilageâ&#x20AC;&#x2122; will mean the immediate, usually defined and enclosed area surrounding an existing or former dwelling house.

Policy HOU16 Affordable Housing in the Countryside Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-106

MEA-DPS-049

HOU16

Amend first paragraph text to include NIHE as one of those permitted to make an application and state the onus is on developer to demonstrate that there are no alternative available sites in settlement limits.

Planning permission may be granted for a group of no more than 14 dwellings adjacent to a village or no more than eight dwellings adjacent to a small settlement to meet an identified affordable housing need of a rural community. Planning permission will only be granted where the application is made by a registered housing association or the Northern Ireland Housing Executive (NIHE) and where a demonstrable need has been identified by NIHE which cannot readily the Northern Ireland Housing Executive (NIHE) confirm that the need cannot be met within an existing settlement in the locality.

PM-107

MEA-DPS-049

HOU16 J&A

Amend text to include NIHE as one of those permitted to make an application.

Applications for affordable housing groups will be restricted to registered housing associations and NIHE. Such proposals will need to be accompanied by information demonstrating that the potential to locate the necessary housing

para 8.1.76

within settlement limits has been explored, and that no suitable sites are available. For clarity the proposed amended Policy HOU16 would read as follows: Planning permission may be granted for a group of no more than 14 dwellings adjacent to a village or no more than eight dwellings adjacent to a small settlement to meet an identified affordable housing need of a rural community. Planning permission will only be granted where the application is made by a registered housing association or the Northern Ireland Housing Executive (NIHE) and where a demonstrable need has been identified by NIHE which cannot readily the Northern Ireland Housing Executive (NIHE) confirm that the need cannot be met within an existing settlement in the locality. In assessing the acceptability of sites outside a village or small settlement, the following sequential test in terms of location will be applied: a) land adjacent to the existing settlement limit, subject to amenity and environmental considerations; b) a site close to the settlement limits which currently contains buildings or where the site is already in a degraded or derelict state and there is an opportunity to improve the environment; c) an undeveloped site in close proximity to the settlement where the development could be visually integrated into the landscape. All proposals will need to be sited and designed to integrate sympathetically with their surroundings, meet the General Policy and accord with other provisions of the LDP. Only one such group will be permitted in close proximity to any particular rural settlement.

Policy OSL5 Sport and Outdoor Recreation Facilities Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-108

MEA-DPS-006

OSL5

All text changes recommended in Draft Habitats Regulations Assessment Report of the draft Plan Strategy, Sept 2019 pages 16-20, must be accepted in full to achieve conformity and meet the legal requirements of the Conservation (Natural Habitats, etc.) Regulations (NI) 1995 (as amended). Amend paragraphs 1 and 2 Sport and Outdoor Recreation in Settlements and Sport and Outdoor Recreation in

Sport and Outdoor Recreation in Settlements The development of sport and outdoor recreation facilities inside settlement limits will be permitted where they meet the General Policy and accord with other provisions of the LDP, including Policy NAT1 and the policy text below relating to noise, floodlighting and water sports. Sport and Outdoor Recreation in the Countryside The development of appropriate sport and outdoor recreational facilities in the countryside will be permitted where they meet the General Policy and accord with other provisions of the LDP, including Policy NAT1 and the policy text below relating to noise, floodlighting and water sports. In addition such proposals must have no unacceptable impact on nearby agricultural activities or other established rural enterprises.

the Countryside by adding reference to Policy NAT1 in two places. PM-109

MEA-DPS-006

OSL5

All text changes recommended in Draft Habitats Regulations Assessment Report of the draft Plan Strategy, Sept 2019 pages 16-20, must be accepted in full to achieve conformity and meet the legal requirements of the Conservation (Natural Habitats, etc.) Regulations (NI) 1995 (as amended). Amend paragraphs 3, 4 and 5 Intensive Sports Facilities; Noise Generating Sports and Outdoor Recreational Activities; Development of Facilities ancillary to Water Sports by adding reference to Policy NAT1 in three places.

Intensive Sports Facilities Proposals for new intensive sports facilities or large extensions to existing facilities will only be permitted where these are located at appropriate and accessible locations within settlements. An exception may be permitted in the case of the development of a sports stadium where all the following criteria are met: a) there is no alternative site within the settlement which can accommodate the development; b) the proposed development is sited at an accessible location close to the edge of the settlement and can be clearly identified as being visually associated with the settlement; c) there is no adverse impact on the setting of the settlement; and d) the scale of the development is in keeping with the size of the settlement. In all cases the development of intensive sports facilities will be required to meet the General Policy and accord with other provisions of the LDP, including Policy NAT1. Noise Generating Sports and Outdoor Recreational Activities Development of sport or outdoor recreational activities that generate high levels of noise will only be permitted where they meet the General Policy, accord with other provisions of the LDP, including Policy NAT1, and where all the following additional criteria are met: a) there is no unacceptable level of disturbance to people living nearby or conflict with other noise sensitive receptors; b) there is no unacceptable level of disturbance to farm livestock and wildlife; and c) there is no conflict with the enjoyment of environmentally sensitive features and locations or areas valued for their silence and solitude. Development of Facilities ancillary to Water Sports The development of facilities ancillary to water sports associated with inland lakes, reservoirs and waterways will be permitted where they meet the General Policy, accord with other provisions of the LDP, including Policy NAT1, and where all the following criteria are met: a) it is compatible with any authorised existing use of the water body, including, for recreation and non-recreational purposes; 60

b) it will not result in water pollution or compromise the aims or objectives of any river basin management plan published under the Water Framework Directive; and c) there is no conflict with the provisions of any local management plan which has been formulated or endorsed by a competent authority. PM-110

MEA-DPS-006

OSL5

All text changes recommended in Draft Habitats Regulations Assessment Report of the draft Plan Strategy, Sept 2019 pages 16-20, must be accepted in full to achieve conformity and meet the legal requirements of the Conservation (Natural Habitats, etc.) Regulations (NI) 1995 (as amended). Amend paragraph 6 Floodlighting of Sports and Outdoor Recreational Facilities by adding reference to Policy NAT1.

The Floodlighting of Sports and Outdoor Recreational Facilities Floodlighting associated with all sports and outdoor recreational facilities will only be permitted where it meets the General Policy and Policy NAT1.

PM-111

MEA-DPS-006

OSL5

Criteria in OSL5 section on Development of Facilities Ancillary to Water Sports should apply in coastal locations. However, Council consider this section refers to inland water sports which can have specific issues. Amend title to include â&#x20AC;&#x2DC;Inlandâ&#x20AC;&#x2122;.

Development of Facilities ancillary to Inland Water Sports

PM-112

MEA-DPS-058

OSL5

Amend policy to include the wording 'and accord with other provisions of the LDP'.

The Floodlighting of Sports and Outdoor Recreational Facilities

European Designated Sites extend along much of our coastline, through the Antrim Hills and Garron Plateau, Main Valley and around Lough Beg. There is potential for sport and outdoor recreation to have a direct adverse effect on these sites and supporting habitats or an indirect effect through increasing recreational pressure. Therefore, any sport and outdoor recreation development that could impact directly or indirectly on a European Designated Site must demonstrate compliance with the requirements of Regulation 43 (1) of the

PM-113

MEA-DPS-006

OSL5 J&A New para before 8.2.22

Floodlighting associated with all sports and outdoor recreational facilities will only be permitted where it meets the General Policy and accords with other provisions of the LDP.

etc.) Regulations (NI) 1995 (as amended).

Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended), commonly referred to as HRA.

For clarity the proposed amended Policy OSL5 would read as follows: Sport and Outdoor Recreation in Settlements The development of sport and outdoor recreation facilities inside settlement limits will be permitted where they meet the General Policy and accord with other provisions of the LDP, including Policy NAT1 and the policy text below relating to noise, floodlighting and water sports. Sport and Outdoor Recreation in the Countryside The development of appropriate sport and outdoor recreational facilities in the countryside will be permitted where they meet the General Policy and accord with other provisions of the LDP, including Policy NAT1 and the policy text below relating to noise, floodlighting and water sports. In addition such proposals must have no unacceptable impact on nearby agricultural activities or other established rural enterprises. Intensive Sports Facilities Proposals for new intensive sports facilities or large extensions to existing facilities will only be permitted where these are located at appropriate and accessible locations within settlements. An exception may be permitted in the case of the development of a sports stadium where all the following criteria are met: a) there is no alternative site within the settlement which can accommodate the development; b) the proposed development is sited at an accessible location close to the edge of the settlement and can be clearly identified as being visually associated with the settlement; c) there is no adverse impact on the setting of the settlement; and d) the scale of the development is in keeping with the size of the settlement. In all cases the development of intensive sports facilities will be required to meet the General Policy and accord with other provisions of the LDP, including Policy NAT1. Noise Generating Sports and Outdoor Recreational Activities Development of sport or outdoor recreational activities that generate high levels of noise will only be permitted where they meet the General Policy, accord with other provisions of the LDP, including Policy NAT1, and where all the following additional criteria are met: a) there is no unacceptable level of disturbance to people living nearby or conflict with other noise sensitive receptors; b) there is no unacceptable level of disturbance to farm livestock and wildlife; and c) there is no conflict with the enjoyment of environmentally sensitive features and locations or areas valued for their silence and solitude. Development of Facilities ancillary to Inland Water Sports The development of facilities ancillary to water sports associated with inland lakes, reservoirs and waterways will be permitted where they meet the General Policy, accord with other provisions of the LDP, including Policy NAT1, and where all the following criteria are met: a) it is compatible with any authorised existing use of the water body, including, for recreation and non-recreational purposes; b) it will not result in water pollution or compromise the aims or objectives of any river basin management plan published under the Water Framework Directive; and c) there is no conflict with the provisions of any local management plan which has been formulated or endorsed by a competent authority. 62

9.0 Transportation, Infrastructure and Connectivity

Policy TR6 Parking and Servicing Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-114

MEA-DPS-070

TR6 footnote

Amend footnote referenced in policy box to align with the footnote used in Policy GP1 c) iv.

Parking Standards (DOE, 2005).

TR6

Remove references to DCANs which have been withdrawn by DfI since draft Plan Strategy publication.

Council will apply the latest supplementary planning guidance including current Departmental guidance contained within ‘Creating Places – Achieving Quality in Residential Developments’ (DOE, 2000), Development Control Advice Note (DCAN) 8 ‘Housing in Existing Urban Areas’ (DOE, 2002). ; DCAN 11 ‘Access for People with Disabilities’ (DOE, 1991) and draft Revised DCAN 11 ‘Access for All – Designing for an Accessible Environment’ (DOE, 2003);

MEA-DPS-071 MEA-DPS-073

Currently ‘Parking Standards’ (DOE 2005), or as updated

MEA-DPS-074 MEA-DPS-077 PM-115

MEA-DPS-010

para 9.1.40

Policy TR7 Provision of Car Parks Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-116

MEA-DPS-006

TR7

Amend wording in the policy box to align with the text changes recommended in the Draft Habitats Regulations Assessment Report of the draft Plan Strategy, Sept 2019 pages 16-20, in order to achieve conformity and meet the legal requirements of the Conservation (Natural Habitats, etc.).

For clarity the proposed amended Policy TR7 would read as follows:

A development proposal for a new, or an extension of an existing public or private car park, including Park & Ride or Park & Share, will be permitted where it meets the General Policy and accords with other provisions in the LDP and where the applicant has demonstrated that all the following criteria are met: a) the proposal meets a need identified by DfI in the Local Transport Plan; b) it does not significantly contribute to an increase in traffic congestion; c) it includes a high standard of design, layout and landscaping; d) provision has been made for security, and the direct and safe access and movement of pedestrians and cyclists within the site; e) provision has been made for accessible parking bays which facilitate safe, convenient access for people with a disability or impaired mobility; and f) surface level parking utilises sustainable drainage (SuDS). A development proposal for a temporary car park will be permitted where the proposal complies with all the above criteria. In addition, it must be submitted in conjunction with a programmed proposal to develop or redevelop the site. Planning permission, if granted, will be subject to a time-limited condition of a maximum of two years which will not be renewed.

Policy FRD4 Sustainable Drainage (SuDS) Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-117

MEA-DPS-010

FRD4 J&A

Amend wording to clarify which SuDS can be adopted by NI Water.

The integration of a variety of different techniques usually provides the best solution, however it is acknowledged that in most cases ‘hard SuDS’ will be the preferred drainage solution for developers as these are currently adopted by NI Water. Examples of ‘hard’ SuDS are solutions such as attenuation tanks, permeable paving, and oversized pipes for storm water that are separated from the wastewater system. Subject to all conditions being agreed and met within an Article 161 agreement, NI Water will adopt a sewer or drain which is intended to communicate with a public sewer, e.g. oversized pipes, cellular storage/attenuation tanks and storm tanks.

para 9.2.39

Policy FRD6 Development in Proximity to Controlled Reservoirs Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-118

MEA-DPS-010

FRD 6 J&A

MEA-DPS-051

para 9.2.49

Amend reference to reflect the unconfirmed status of reservoirs and the abandonment of a reservoir.

There are currently 212 confirmed controlled reservoirs in the Mid and East Antrim Council area (see Appendix I Part C for list)

MEA-DPS-010

FRD 6 J&A

Amend typographical error – ‘ensue’ rather than ‘ensure’.

Water impounding structures such as reservoirs or dams are a recognised source of flood risk because of the potential for downstream flooding which may ensure if the structure fails, is overtopped, or in the event of a controlled release of water from the reservoir.

PM-119

para 9.2.50 1st sentence

9.3 Renewable Energy Introduction Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-120

MEA-DPS-009

Section 9.3

Amend renewables figures to latest available.

The Northern Ireland Executive’s 2010-2020 Strategic Energy Framework target to achieve 40% of electricity consumption from renewable sources by 2020 is close to being has been met, with the latest figure at 38.6% 47.7%.

Amend renewables figures to latest available.

Department for the Economy (DfE) Analytical Services Unit (ASU) March 2019 3rd December 2020 update for Electricity Consumption and Renewable Generation April 2018-March 2019 October 2019 - September 2020

para 9.3.1 Last sentence PM-121

MEA-DPS-009

Section 9.3 para 9.3.1 footnote

Policy RE1 Renewable Energy Development Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-122

MEA-DPS-050

RE1

MEA-DPS-059

1st

Remove reference to SCA within policy to ensure consistency with CS2.

Outside of Special Countryside Areas, a A proposal for a renewable energy development together with any associated buildings and infrastructure, will be permitted where it meets the General Policy and accords with other provisions in the LDP.

MEA-DPS-069

sentence

MEA-DPS-076 PM-123

MEA-DPS-006

RE1 criterion c)

Amend criterion c) to include coast as well as countryside.

c) it will not unacceptably restrict public access to the countryside or coast, or recreational/tourist use of the area.

PM-124

MEA-DPS-010

RE1 criterion g)

Amend criterion g) wording.

SPPS

g) it will not have an unacceptable adverse impact on local natural resources such as air quality, water quality and quantity.

PM-125

MEA-DPS-058

RE1

Amend policy wording to ensure consistency with justification and amplification text and also SPPS wording in relation to the ‘cautious approach’

A cautious approach for renewable energy development proposals will apply within areas of the countryside that are valued for their distinctive landscape and environmental qualities and their wider settings.

RE1 criterion l)

Amend policy wording in criterion l) in relation to ‘temporarily unoccupied’ or ‘approved dwelling’

l) A separation distance of 10 times rotor diameter to any occupied, temporarily unoccupied or approved dwelling residential property (including extant permissions) outside the applicant’s control can be achieved. A minimum distance of not less than 500m will generally apply to wind farms, with single turbines assessed on a case by case basis.

MEA-DPS-006

RE1

Ground Mounted Solar Photovoltaic Installations

MEA-DPS-058

last para

Remove policy wording on Solar to avoid confusion and instead just rely on first part of Policy RE1 and ‘other provisions of the LDP’ to assess Solar proposals. Remove reference to solar energy infrastructure to be consistent with Policy wording change.

...where there will be a presumption of wind turbines that exceed 15metres in height, or any other form of energy development infrastructure (such as solar energy infrastructure) that will adversely impact on the landscape character...

2nd para 1st sentence PM-126

MEA-DPS-050 MEA-DPS-059

MEA-DPS-069 MEA-DPS-076 PM-127

MEA-DPS-059

PM-128

N/A

RE1 J&A para 9.3.10 5th sentence

A solar development proposal will be permitted provided it meets both the Renewable Energy Development criteria and the General Policy. Large scale solar farms will not be permitted within the Antrim Coast and Glens AONB or Areas of Constraint designated in the LDP.

PM-129

N/A

RE1 J&A para 9.3.14 4th sentence

PM-130

PM-131

MEA-DPS-041

RE1 J&A

MEA-DPS-050

para 9.3.18

N/A

RE1 J&A para 9.3.19

Remove reference to countryside designations to be consistent with Policy wording change.

Proposals for large scale solar should use native hedging as screening to mitigate landscape and visual impacts, and be located within lower lying undulating landscapes (outside of the Antrim Coast and Glens AONB and designated Areas of Constraint on High Structures).

Insert additional paragraph to reference ‘co-location’.

Other forms of energy generation and energy storage are now being considered on or adjacent to wind farms. The impacts of this additional infrastructure should be assessed, and considered in the design process, as should the benefits of colocating these with the wind farm. In most cases, the impacts of co-located energy generation and storage systems are likely to be limited compared to the overall landscape and visual impacts caused by the wind farm. However, in all cases additional infrastructure should be designed and located to minimise impacts, especially if they include significant structures or are likely to add to the 'clutter' of the landscape.

Amend typographical error and insert reference to updated planning guidance.

The publications, Best Practice Guidance to PPS18 ‘Renewable Energy’ (DOE, 2009) and draft Supplementary Planning Guidance to PPS18 ‘Renewable Energy’ Anaerobic Digestion (DOE, 2013) (or as updated) will continue to be taken into account in assessing proposals.

For clarity the proposed amended Policy RE1 would read as follows: Outside of Special Countryside Areas, a A proposal for a renewable energy development together with any associated buildings and infrastructure, will be permitted where it meets the General Policy and accords with other provisions in the LDP. In addition, the proposal must meet all the following criteria: a) it will not have an unacceptable adverse impact on visual amenity or landscape character; 43 b) it will not cause significant harm to the safety or amenity of any sensitive receptors (including future occupants of committed developments) arising from noise; shadow flicker; ice throw; and reflected light; c) it will not unacceptably restrict public access to the countryside or coast, or recreational/tourist use of the area; d) no part of it will have an unacceptable impact on roads, rail or aviation safety; e) it will not have an unacceptable adverse impact on nature conservation and biodiversity; f) it avoids active peatland, unless it is demonstrated there are imperative reasons of overriding public interest as defined under The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 as amended; g) it will not have an unacceptable adverse impact on local natural resources such as air quality, water quality and quantity; and h) it will not prejudice the operational effectiveness of existing or approved energy infrastructure. A cautious approach for renewable energy development proposals will apply within areas of the countryside that are valued for their distinctive landscape and environmental qualities and their wider settings. Certain types of renewable energy development proposals will also be restricted within the Areas of Constraint on High Structures and Obtrusive Development. (see Countryside Strategy strategic spatial proposals and policies and Safeguarding our Natural Environment policies). The wider environmental, economic and social benefits of all proposals for renewable energy projects are material considerations that will be given appropriate weight in determining whether planning permission should be granted.

Where any proposal is likely to result in unavoidable damage during its installation, operation or decommissioning, then the applicant must indicate how such damage will be minimised and mitigated, including details of any compensatory measures, such as a habitat management plan or the creation of a new habitat. Applicants will also be required to ensure that upon decommissioning, all above-ground redundant structures, plant, buildings and associated infrastructure shall be removed and the site restored to an agreed standard appropriate to its location. These matters will need to be agreed with Council before planning permission is granted and appropriate conditions applied to any approval. A proposal for the re-use, refurbishment or repowering of an existing renewable energy development in order to extend its lifespan will be considered favourably subject to meeting the criteria within this policy. Wind Energy Development In addition to the above, a wind energy development proposal must also meet all the following criteria: i) the development proposal has taken into consideration the cumulative impact of existing wind turbines, including extant permissions and undetermined applications; j) the development will not create a significant risk of landslide or bog burst; k) no part of the development will give rise to unacceptable electromagnetic interference to communications installations; radar or air traffic control systems; emergency services communications; or other telecommunication systems; and l) a separation distance of 10 times rotor diameter to any occupied, temporarily unoccupied or approved dwelling residential property (including extant permissions) 44 outside the applicant’s control can be achieved. A minimum distance of not less than 500m will generally apply to wind farms , with single turbines assessed on a case by case basis. Ground Mounted Solar Photovoltaic Installations A solar development proposal will be permitted provided it meets both the Renewable Energy Development criteria and the General Policy. Large scale solar farms will not be permitted within the Antrim Coast and Glens AONB or Areas of Constraint on High Structures designated in the LDP.

Policy TOC1 Telecommunications Development and Overhead Cables Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-132

MEA-DPS-057

TOC1 Title

Insert ‘electricity infrastructure’ (instead of suggested ‘energy infrastructure’) to make it clear that other types of electricity infrastructure are included under this Policy.

Policy TOCEI1 - ‘Telecommunications Development and Overhead Cables Electricity Infrastructure’

MEA-DPS-010

TOC1

MEA-DPS-050

1st sentence

Remove reference to SCA within policy to ensure consistency with CS2.

Outside of Special Countryside Areas, a A proposal for telecommunications development...

MEA-DPS-060

PM-133

MEA-DPS-057 70

MEA-DPS-069 MEA-DPS-076 PM-134

PM-135

MEA-DPS-057

TOC1

MEA-DPS-060

1st

MEA-DPS-010

TOC 1

MEA-DPS-057

paras 4, 5 and 6

MEA-DPS-060

sentence

MEA-DPS-069

Insert ‘electricity infrastructure’ (instead of suggested ‘energy infrastructure’) to be consistent with policy title change.

…telecommunications development or electricity infrastructure overhead cables together with any necessary enabling works…

Remove 3 paragraphs of policy box which part cross-referenced CS3 to simplify policy and ensure wording consistency with CS3. Instead, rely on ‘other provisions of the LDP’ line.

Where a proposal is located within an Area of Constraint on High Structures Policy CS3 will be applied. the applicant must demonstrate that other alternative options have been investigated but considered inappropriate or not feasible. Such proposals will be restricted to 15 metres in height (above existing ground level) in these areas.

MEA-DPS-076

including

In the exceptional circumstances that the proposal is to serve a recognised telecommunication ‘not spot’, or is for essential electricity transmission or supply, a 25 metre height restriction will be applied. Structures that exceed 25 metres in height will only be approved if it can be clearly demonstrated that the development proposal is of such regional significance as to outweigh any detrimental impact on the landscape character and/or environmental integrity of the designated areas.

PM-136

MEA-DPS-009

TOC 1 J&A After para 9.4.13

PM-137

MEA-DPS-057

TOC 1 J&A

MEA-DPS-060

para 9.4.14 2nd sentence

Insert paragraph on futureproofing new developments for telecommunications and promotion of dig-once principle.

Applicants of new residential or commercial proposals should ensure such developments are future-proofed for connection or upgrade to future telecommunications including broadband and media services. Council consider this is essential to facilitate business, home-working and improving quality of life for all our citizens, as well as to avoid any unnecessary excavation or repeated disturbance of roads and footpaths. Council will apply the latest supplementary planning guidance including current Departmental guidance contained within Section 12 of ‘Creating Places – Achieving Quality in Residential Developments’ (DOE, 2000).

Insert ‘electricity infrastructure’ to reflect policy title and policy box wording change.

Overhead Lines Electricity Infrastructure 9.4.14. ...New and upgraded electricity infrastructure including poles, pylons, transformers, substations and cables power lines are vital…

For clarity the proposed amended Policy TOC1 would read as follows: Policy TOC TEI1 Telecommunications Development and Electricity Infrastructure Overhead Cables Outside of Special Countryside Areas, a A proposal for telecommunications development or electricity infrastructure including overhead cables together with any necessary enabling works, will be permitted where it meets the General Policy and accords with other provisions of the LDP. In addition, the applicant must demonstrate that all the following criteria are met: 71

a) b) c) d)

there is a need for the proposed development at that location; the proposal minimises visual intrusion; the proposal avoids sensitive locations or features, unless it is clearly demonstrated to the satisfaction of the Council as to why this cannot be achieved; and 46 the proposal meets the ICNIRP guidelines for public exposure to electromagnetic fields.

In addition, a proposal for a new mast or base station must also demonstrate that the sharing of an existing mast or other structure has been fully explored and is not feasible, or the proposal represents a better environmental solution. In the case of overhead lines, wirescape should be kept to a minimum. In urban areas, applicants will also be required to demonstrate that it cannot be provided underground. Where a proposal is located within an Area of Constraint on High Structures Policy CS3 will be applied. the applicant must demonstrate that other alternative options have been investigated but considered inappropriate or not feasible. Such proposals will be restricted to 15 metres in height (above existing ground level) in these areas. In the exceptional circumstances that the proposal is to serve a recognised telecommunications â&#x20AC;&#x2DC;not spotâ&#x20AC;&#x2122;, or is for essential electricity transmission or supply, a 25 metre height restriction will be applied. Structures that exceed 25 metres in height will only be approved if it can be clearly demonstrated that the development proposal is of such regional significance as to outweigh any detrimental impact on the landscape character and/or environmental integrity of the designated areas. Applicants will also be required to ensure that upon decommissioning, all above-ground redundant structures, plant, buildings and associated infrastructure shall be removed and the site restored to an agreed standard appropriate to its location. These matters will need to be agreed with Council before planning permission is granted and appropriate conditions applied to any approval.

Policy WMT3 Waste Disposal Sites Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-138

MEA-DPS-008

WMT3 J&A

Amend 'environmental heritage assets' wording to 'natural environment and heritage assets'.

Land raising, in that it creates a new landform, has the potential to significantly impact on the landscape, and natural environmental and heritage assets.

para 9.6.25 1st sentence

Policy WMT4 Development in the vicinity of a Waste Management Facility Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-139

MEA-DPS-051

WMT4 J&A

Insert reference to ‘NI Water Development Encroachment Odour Assessment Policy and Procedure’

Applicants should familiarise themselves with the NI Water guidance ‘Development Encroachment - Odour Assessment’, available on the NI Water website.

para 9.6.30 end

10.0 Stewardship of our Built Environment and Creating Places

10.1 Historic Environment Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-140

MEA-DPS-008

HE8 Intro para 10.1.4

Amend text within section 10.1 Historic Environment to ensure consistency of terminology, omit the term ‘non-listed’ and replace with ‘unlisted’.

Introduction

J&A para 10.1.57 10.1.59 10.1.60 10.1.63

This applies particularly to shopfronts, signage and unsympathetic alterations to non-listed unlisted buildings. In the case of unlisted buildings within conservation areas, prevailing legislation allows a range of works to be carried out without the need to apply for planning permission. Justification and Amplification Non-listed Unlisted locally important buildings are buildings which have a degree of architectural or historical significance but are not formally designated and can include buildings such as former school houses and churches, mills or former banks. The impact of a development on the significance of an nonlisted unlisted heritage asset will be taken into account in determining the application. In weighing a proposal that directly or indirectly affects such assets, a balanced judgement will be made having regard to the scale of any harm or loss relative to the significance of the heritage asset. All proposals for the conversion of non-listed unlisted locally important or vernacular buildings should involve a minimum level of intervention and should maintain or enhance the character of the existing building and its setting. Where a proposal for the conversion or replacement of an nonlisted unlisted locally important or vernacular building is considered acceptable any curtilage created, as part of the proposal should not have a harmful effect on the character of the countryside, particularly in the Area of Outstanding Natural Beauty and other areas of high landscape quality.

Policy HE1 Archaeological Remains and their Settings Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-141

MEA-DPS-008

HE1 J&A

Insert new paragraph after 10.1.21 clarifying what developers are required to do if they discover archaeological remains when a development commences.

There may be occasions when the presence of archaeological remains only becomes apparent once an approved development has already commenced. In such circumstances it is a statutory requirement that these are reported to HED. On rare occasions the importance of such remains may merit scheduling, in which case the developer would need to seek separate scheduled monument consent before they continue work. In most cases it should prove possible for differences to be resolved through voluntary discussion toward agreement of a mitigation strategy for a satisfactory compromise to be reached. The Historic Monuments and Archaeological Objects (NI) Order 1995 requires the reporting of the discovery of any archaeological object.

New para after 10.1.21

Policy HE6 Conservation Areas Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-142

MEA-DPS-008

HE6

Amend policy criterion (a) under the policy subtitle Alteration, Extensions and Change of Use and remove the words â&#x20AC;&#x2DC;materials and finishesâ&#x20AC;&#x2122; as these issues are more aligned with criterion (c).

(a) extensions shall be subservient to the existing building with regard to height, scale form and massing, alignment, materials and finishes and be respectful of its form and alignment.

PM-143

MEA-DPS-008

HE6

Remove the second paragraph from the policy box of Demolition within a Conservation Area as the policy wording affords greater weight to the protection of buildings within a conservation area than that required by the SPPS para 6.18.

Where it is determined that the unlisted building does make a positive material contribution to the character or appearance of the area, Policy HE4 Demolition of a Listed Building shall apply.

PM-144

MEA-DPS-008

HE6

Amend policy to ensure consistent terminology in relation to the use of the term 'non-listed' and â&#x20AC;&#x2DC;unlistedâ&#x20AC;&#x2122;.

There will be a presumption in favour of retaining nonlisted unlisted buildings in conservation areas.

PM-145

MEA-DPS-010

HE6

Amend criterion (a) under subtitle New Build and Replacement Buildings to ensure that the policy test is consistent throughout with regards to preservation and enhancement.

(a) the overall character and appearance of the conservation area is preserved or where possible enhanced or preserved where an opportunity to enhance does not exist.

For clarity the proposed amended Policy HE6 would read as follows: New Build or Replacement Buildings Planning permission will only be granted for a new or a replacement building in a conservation area or which impact on its setting where it meets the General Policy, accords with other provisions of the LDP and all the following criteria are met: a) the overall character and appearance of the conservation area is preserved or where possible enhanced or preserved where an opportunity to enhance does not exist. b) the height, scale, form, massing, alignment, materials and finishes respect the characteristics of adjoining buildings, the distinct character and setting displayed within the conservation area, and the integrity of wider setting of the conservation area; c) the plot layout and site density reflect and respond positively to existing buildings and the distinct characteristics of the conservation area; d) key public views within, into and out of the conservation area are protected; e) it does not result in environmental problems such as noise, nuisance or disturbance; f)

trees and other landscape features contributing to the character or appearance of the conservation area are protected and/or integrated in an appropriate way into the design and layout of the development; and

g) the development has regard to published supplementary planning guidance such as a Conservation Area Design Guide. Alteration, Extensions and Change of Use Planning permission will only be granted for alterations and extensions and/or change of use applications within conservation areas where criterion a) above is met. The following additional criteria shall also be required to be met unless the applicant can demonstrate why they are inappropriate with regard to the character and appearance of the Conservation Area: a) extensions shall be subservient to the existing building with regard to height, scale form and massing, alignment, materials and finishes and be respectful of its form and alignment. b) the design should incorporate wherever possible visual characteristics or features reflective of the existing building and surrounding area; c) the proposal makes use of materials and appropriate detailing sympathetic with the existing building and/or setting; and 77

d) the proposal will not result in the detrimental loss of visual gaps between the existing building and the site boundary.

Demolition within a Conservation Area There will be a presumption in favour of retaining non-listed unlisted buildings in conservation areas. A development proposal involving the demolition of an unlisted building in a conservation area will only be permitted in exceptional circumstances where it is demonstrated that the existing building makes no material contribution to the character and appearance of the area and it is demonstrated that the new building enhances the character or appearance of the area. Where it is determined that the unlisted building does make a positive material contribution to the character or appearance of the area, Policy HE4 Demolition of a Listed Building shall apply. Where conservation area consent for demolition is granted this will be conditional on prior agreement for the redevelopment of the site and appropriate arrangements for recording the building before its demolition.

Policy HE8 Non-listed Locally Important Building or Vernacular Building Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-146

MEA-DPS-008

HE8

Amend policy headnote.

Unlisted Locally Important Building or Vernacular Building.

Amend policy to ensure consistency of terminology, omit the term ‘non-listed’ and replace with ‘unlisted’.

Conversion/Re-use

Policy title PM-147

MEA-DPS-008

HE8

There will be a presumption in favour of the sympathetic conversion and/or re-use of an non-listed unlisted locally important building or vernacular building to other appropriate uses where it would secure its upkeep and retention and maintain or enhance the form, character and architectural features, design and setting of the existing building.

Policy HE9 Enabling Development for the Conservation of Heritage Assets Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-148

MEA-DPS-008

HE9 J&A

Amend text to ensure consistency of terminology, replace ‘significant place’ with ‘heritage asset’.

It is intended that this policy will only be used as a last resort where the long-term public benefit of securing a significant place heritage asset decisively outweighs the disadvantages of departing from other LDP policy provisions.

Amend text to provide clarity to applicants of what information is required as part of any submission. Include the following additional wording in the first sentence, ‘setting out the significance of the heritage asset’ and in the second sentence, ‘conservation statement or plans’.

Applications incorporating enabling development should be accompanied by a detailed Statement of Justification setting out the need for the proposal and the public benefit and the significance of the heritage asset. This statement should include a conservation statement or plans and sufficient, detailed financial information as is necessary to allow Council to make an informed decision upon the application.

para 10.1.64 PM-149

MEA-DPS-008

HE9 J&A para 10.1.66

Policy AD1 The Control of Advertisements Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-150

MEA-DPS-010

AD1

Add additional wording to the policy box to ensure that the assessment criteria listed as (a) to (f) also apply to the two policy subheadings; Advertisements and Heritage Assets and Digital Advertising Screens.

Advertisements and Heritage Assets: When assessing applications for consent for the display of an advertisement which affects a heritage asset or its setting, Council will have regard to criteria a - f above and the following additional considerations:

To provide clarity and avoid conflict between guidance and policy remove the last sentence under sub-heading, The Number

As a general rule such proposals will be resisted.

PM-151

MEA-DPS-072

Appendix K sub-heading, The Number

Digital Advertising Screens: When assessing applications for consent for the display of a digital advertising screen criteria a – f above shall apply and consent for the display of a digital advertising screen will not be granted in any of the following circumstances:

and Location of Advertisements

and Location of Advertisements in Appendix K.

For clarity the proposed amended Policy AD1 would read as follows: For the purposes of this policy advertisements are defined as any word, letter, model, sign, placard, board, notice, awning, blind, device or representation, whether illuminated or not, and employed wholly or partly for the purpose of advertisement, announcement or direction. All Advertisements When assessing applications for consent for the display of an advertisement, Council will refuse consent where: a) the cumulative effect of a number of advertisements on a property or within a locality result in advertising clutter; b) the effect of any illumination used on the advertisement, particularly on the locality or a neighbouring property, is detrimental to amenity; c) the advertisement does not respect the overall design of the property, particularly in circumstances where the property retains its original design or architectural features; d) the advertisement may cause driver distraction or obstruct vision; e) the advertisement may obstruct or impede pedestrian access or pedestrian flow; or f) the advertisement would unacceptably detract from the quality and character of our countryside. Advertisements and Heritage Assets When assessing applications for consent for the display of an advertisement which affects a heritage asset or its setting, Council will have regard to criteria a - f above and the following additional considerations: g) advertisements on a listed building will only be acceptable if they are carefully designed and positioned to respect and retain the buildings existing architectural detail; h) advertisements within or close to a conservation area will only acceptable where they would not adversely affect the overall character, appearance or setting of the area; i) advertisements within an Area of Townscape Character will only be acceptable where the overall character and appearance of the area is maintained; j) where it is physically affixed to a heritage asset, it does not cause irreparable damage and is reversible; and k) consent will not be granted for internally illuminated advertisements within the historic environment and associated heritage assets. Digital Advertising Screens When assessing applications for consent for the display of a digital advertising screen criteria a â&#x20AC;&#x201C; f shall apply and consent for the display of a digital advertising screen will not be granted in any of the following circumstances: l) when they are positioned above ground floor level; m) when they are located within or adjacent to a conservation area, Area of Townscape Character, or on a listed building or within the setting of a listed building; n) when they are located within primary residential areas; o) when they are located within the open countryside, or within parks and public open spaces; or 80

p) when the display contains moving images. However, in-curtilage petrol brand totem pole signs which may include an element of digital advertising will be permitted where the proposal meets criteria a) - k) opposite.

11.0 Safeguarding our Natural Environment

Policy NAT1 European and Ramsar Sites â&#x20AC;&#x201C; International Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-152

MEA-DPS-058

NAT Intro para 11.1.7

Amend third sentence to ensure consistency of approach in referencing natural heritage designations.

Internationally International, European and Nationally important nature conservation sites and the Antrim Coast and Glens AONB are identified in the draft Plan Strategy.

PM-153

MEA-DPS-058

NAT1 J&A para 11.1.8

Paragraph wrongly implies that Ramsar sites are designated under European law, under the auspices of the Birds Directive. Remove reference to Ramsar sites in the first sentence and add additional sentence to clarify how Ramsar sites are designated.

European designations such as SACs and SPAs Ramsar sites are afforded the highest form of statutory protection as they are designated under European law under the auspices of the Birds Directive (which protects wild birds and their habitats) and the Habitats Directive (which protects habitats and other species of animals and plants). Sites which are under consideration as SPAs or SACs are referred to as pSPA (proposed) or cSAC (candidate). Ramsar sites are wetlands of international importance that have been designated under the criteria of the Ramsar Convention on Wetlands. Accordingly, these receive statutory protection under The Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (as amended). Government and the devolved administrations have also issued policy statements relating to Ramsar sites, extending to them the same protection at a policy level as SACs and SPAs.

Policy NAT2 Species Protected by Law Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-154

MEA-DPS-058

NAT2 J&A para 11.1.11

To ensure consistency of approach in referencing relevant external sources of information include a link to the Priority Species list at the end of the paragraph.

A list of Northern Ireland priority species and further information can be found at www.daera-ni.gov.uk/articles/northern-ireland-priorityspecies. All fish are protected, no lists have been produced.

Policy NAT4 Sites of Nature Conservation Importance â&#x20AC;&#x201C; Local Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-155

MEA-DPS-006

NAT4 J&A para 11.1.13

Amend first sentence as it wrongly implies that the Ulster Wildlife Trust can establish a Local Nature Reserve and add an additional sentence to provide clarity on who has responsibility for their designation.

Local Nature Reserves are those established by Council or the Ulster Wildlife Trust to enrich the network of important natural heritage assets in the Borough under the provisions of The Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (as amended). The Northern Ireland Environment Agency has key responsibility for the designation and hierarchy of sites that are of nature conservation importance and it is Councilâ&#x20AC;&#x2122;s role to ensure the protection of these sites through the application of policy. Additionally, Council has the power to identify and designate Local Nature Reserves (LNR) and Wildlife Refuges.

Abbreviations and Glossary 85

Abbreviations and Glossary Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-156

MEA-DPS-006

Abbreviations & Glossary:

Add new definition Contaminated Land.

Contaminated Land As defined by The Waste and Contaminated Land (Northern Ireland) Order 1997, contaminated land is any land which appears to a district council in whose district it is situated to be in such a condition, by reason of substances in, on or under the land, thatâ&#x20AC;&#x201D;

for

(New) Contaminated Land

(a) significant harm is being caused or there is a significant possibility of such harm being caused; or (b) pollution of waterways or underground strata is being, or is likely to be, caused; and, in determining whether any land appears to be such land, a district council shall, subject to paragraph (2), act in accordance with guidance issued by the Department in accordance with Article 69 with respect to the manner in which that determination is to be made.

PM-157

MEA-DPS-008

Abbreviations & Glossary: Historic Park, Garden or Demesne of Special Historic Interest

PM-158

MEA-DPS-005 MEA-DPS-066

Abbreviations & Glossary: Intermediate Housing

Amend, for clarity, the definition of Historic Park, Garden or Demesne of Special Historic Interest.

Historic Park, Garden or Demesne of Special Historic Interest Designation by central government An identified site of international or regional importance within Northern Ireland, included in the Register of Parks, Gardens and Demesnes of special historic interest, maintained by the Department of Communities.

Intermediate Housing definition should be aligned with Department for Communities approved definition.

Intermediate Housing Currently consists of shared ownership housing provided through a registered housing association and helps households who can afford a small mortgage, but that are not able to afford to buy a property outright. The property is split between part ownership by the householder and part social renting from the registered housing association. The proportion of property ownership and renting can vary depending on householder circumstances and preferences. The NI Department for Communities definition of intermediate housing may change over time to incorporate other forms of housing tenure below market rates. Where this is the case, such additional products will be considered suitable to help meet affordable housing obligations of the policies in the LDP. 86

PM-159

MEA-DPS-008

Abbreviations & Glossary: Listed Building

Amend, for factual correction, the definition of a Listed Building.

Listed Building A building, object or structure that has been judged to be of national importance in terms of architectural or historic interest that have been listed under Article 80 of the Planning Act (NI) 2015. Lists are subject to ongoing review A listed building is a structure which the Department for Communities has included in a statutory list of buildings of special architectural and/or historic interest.

Technical Supplement 1 â&#x20AC;&#x201C; Monitor & Review 88

Technical Supplement 1 â&#x20AC;&#x201C; Monitor & Review Proposed Modification Reference Number

dPS Respondent Reference Number

Policy or Section

Summary of Issue/Justification

Proposed Change

PM-160

MEA-DPS-058

Monitor & Review:

Loss of open space should be monitored, add additional Indicator Reference Social Objective d). However, Council consider that it would be more appropriate to include a monitoring indicator named Restriction of development on open space under Environmental Objective a).

Restriction of development on open space

Environmental Objective (a)

PM-161

MEA-DPS-008

Monitor & Review: Environmental Objective (e)

MEA-DPS-058

Monitor & Review: Environmental Objective (g) Indicator 31

Review trigger: More than 1 application permitted in any one year on zoned open space.

Amend the target and review trigger to capture the impact of proposals involving demolition of all listed buildings to ensure appropriate monitoring of the objective.

Target: Less than 10% of Listed Buildings at Risk removed from the BHARNI Register due to demolition over a 5 year period No demolition of listed buildings approved over a 5 year period contrary to advice received from DfC Historic Environment Division

Amend to measure what the LDP is contributing to climate change and mitigation measures in order to ascertain whether such is sufficient to address the climate and ecological emergencies faced.

Indicator: No indicator. 31(a) The amount of energy (MW) by technology type produced from renewable sources.

Indicator 26

PM-162

Target: No more than 1 application permitted per year within zoned open space areas.

Review Trigger: Less than 10% of Listed Buildings at Risk removed from the BHARNI Register due to demolition over a 5 year period More than one application for the demolition of a listed building permitted in any one year contrary to advice received from DfC Historic Environment Division

Source: N/A MEA Planning decisions Relevant Policy/Proposal: General Policy (e) and RE1 Indicator: â&#x20AC;&#x201C; No indicator. 31(b) Commercial Peat Extraction Source: N/A MEA Planning Decisions Relevant Policy/Proposal: General Policy (e) and MIN7 Target: No development contrary to policy provisions. Review Trigger: More than one application not constituting an exception to the policy approved in any one year.

Mid and East Antrim Borough Council Planning Office Silverwood Business Park 190 Raceview Road Ballymena BT42 4HZ 90