A planning application for a residential development in a County Down town has been deferred after an alderman questioned if local developers were engaged in a “ploy” to build residential housing estates on industrial zoned lands by introducing plans for nursing homes which would be quickly dropped.
Elected members at the Ards and North Down Council March Planning Committee meeting deferred an application by Jona Developments for a residential development comprising 29 dwelling, 25 detached and four semidetached, at lands to the northwest of Kiltonga Industrial Estate, Newtownards.
There is an extensive history of planning applications at the site. In 2012 there was a successful application by Kiltonga Care Services for the erection of a residential nursing home and in 2019 there was a successful application by Will Hollinger Beltraine Developments Ltd at the site for 20 retirement bungalows.
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Also in 2019 a condition on the 20 retirement bungalows - that none of the dwellings should be occupied until the adjacent residential nursing home was constructed and operational - was deleted after an appeal accepted by the Planning Appeals Commission. None of these works were completed.
Ards and North Down Council Director of Planning, Gail Kerr said at the council Planning Committee meeting that while the application was “against the development plan” as the site was zoned for industrial use, it was being recommended for approval by the case officer.
She said: “It is important to highlight that the principle of non-industrial development has already been established throughout this zoning, throughout its planning history. A nursing home was approved on the northwestern portion of the site in 2012, with access from the Kiltonga Industrial Estate.
“It has been established from a certificate of lawfulness that the nursing home approval remains extant and can be built out at any time.
“On the remaining southeastern portion of the site, permission was granted for 20 retirement dwellings by the Planning Committee in September 2019. The extant nursing home approval was a key factor in the council’s decision.”
She added: “Case law established by the Planning Appeals Commission must either be accepted and respected or challenged through the courts. The (condition appeal) decision was not challenged by the council.
“The site was subsequently sold to the current applicant with extant planning permission for C1 dwelling houses. The principle for non-industrial development is now across the entire NS32 zoning, and the PAC determined the occupation of the free-standing dwelling houses should not be dependent on the construction and operation of the nursing home.”
She added: “The applicant has submitted a demand viability report prepared by O’Kane Commercial Properties consultants, which specialise in the care home sector. The report concludes that it is highly unlikely that the site would be developed as a care home, pointing to available capacity in Newtownards, both within existing facilities and within the recently constructed care home at Castlebawn.”
She added: “Objections have been received from three separate addresses. Issues relate mainly to access, parking, flood risk and drainage impact, and natural heritage interests. No objections have been raised by any of the statutory consultees.”
She concluded: “It is considered the (application) layout will provide a high quality residential development with substantial landscaping and areas of open space.”
DUP Alderman Stephen McIlveen, who also chairs the Planning Committee, said: “I am very upset that the good will of the committee was treated in the way it was, and we are left in this position. This was industrial land that we wouldn’t otherwise have used, only for the argument that was put on the night, that there was going to be this nursing home, and over 55’s accommodation.”
Alliance Alderman Alan McDowell said: “I am very disappointed in relation to this. And I am also very concerned again, that this is more industrial zoned land going for housing.
“Site after site in Newtownards and Comber and Bangor, the land is being eaten up for houses, instead of what they were meant for. I wonder if there is any point in doing development plans?”
He added: “Most Newtownards councillors would know there have been numerous complaints about noise coming from the industrial estate, and smell.” He questioned the lack of complaints received by the council in relation to these issues.
He said: “I have some serious concerns about this development, and the way it came about. Thinking ahead - there have been other applications for nursing homes in similar areas in Newtownards. I am wondering if the same ploy is going on there?”
Green Councillor Lauren Kendall successfully proposed deferring the application for “legal advice on the concerns raised by members including the age related condition and the implications of the PAC decision, as well as further information from Environmental Health on noise and smell issues that have been reported by residents.” She also wanted “information about the pond’s safety aspects, and legal opinions on options that are open to the committee.”
DUP Alderman Alan Graham said: “I feel we are wasting our time (deferring the matter), and we are going to waste our money as well. I believe the original condition the council made wasn’t sustainable - it went to the PAC and was wiped out. We missed any opportunity to challenge that in the court.
“We may think that someone has pulled the wool over our eyes here using this procedure…but you cannot dictate to people their commercial activities, and we can’t presume this was some sort of a tactic to obtain planning permission.”
On a vote the proposal to defer won overwhelmingly with 15 in support.
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