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Belfast Local Development Plan 2035

Draft Plan Strategy

Counter Representations

Overvi

We consulted on the draft Plan Strategy (dPS) as part of an ongoing process for creating the Belfast

Local Development Plan 2035. A number of representations, which we have now published, were

received during the public statutory consultation process which ended at 5pm on Thursday 15

November 2018.

Hard copies of the representations received on the dPS are available for inspection during normal

office hours at:

Belfast Planning Service

Belfast City Council

Cecil Ward Building

4-10 Linenhall Street

Belfast

BT2 8BP

The representations can also be viewed on our website at www.belfastcity.gov.uk/LDP.

Counter Representations

Following publication of the representations

received on the dPS, there is now the opportunity for the

submission of

ounter

representations. The consultation period for the submission of counter

representations runs from 12 noon on Friday 1 March 2019 to 12 noon on Friday 26 April 2019.

DPS-CR12

Counter representations may only be made in relation to a site specific policy representation seeking

a change to the dPS and should indicate the reasons for doing so in terms of soundness and

sustainability of the dPS.

Any person may make a counter representation, but must not propose alternative sites or any further

changes to the dPS and are without a right of hearing at Independent Examination (IE). Counter

representations of this nature or those supporting a site specific policy representation will not be

considered.

A “site specific policy representation” means any representation which seeks to change a

development plan document (DPD) (in this case, the dPS) by:

1. adding a site specific policy to the DPD; or

2. altering or deleting any site specific policy in the DPD.

A “site specific policy” means a policy in a DPD which identifies a site for a particular use or

development.

The dPS does not include site specific policies as these are dealt with at the next stage of the LDP

process, which is the preparation of the Local Policies Plan (LPP). However, a number of

representations received in response to the public consultation make reference to specific sites and

proposed development or uses. Any counter representation should clearly state the reference number

of the representation to which it relates.

Submitting a Counter Representation

Counter representations on site specific policy representations must be received by Belfast Planning

Service by 12 noon on Friday 26 April 2019. Any counter representation received after this time will not

be considered.

Counter representations can be submitted:

• via the online survey on the Council’s consultation site, yoursay.belfastcity.gov.uk

• by email to localdevelopmentplan@belfastcity.gov.uk; or

• by post, returning the response form to the address above.

Although we have provided a downloadable version of this consultation response form, we would

encourage you to respond via the online survey.

Accessibility

The relevant documents are available, on request, in alternative formats - Braille, audio, large print,

easy read. The council will also consider requests to produce it in other languages. If you require

the documents in these or other formats please contact us:

Belfast Planning Service

Belfast City Council

Cecil Ward Building

4-10 Linenhall Street

Belfast

BT2 8BP

Telephone: 028 9032 0202, ext 2255

Email: planning@belfastcity.gov.uk

1. Data Protection

Belfast City Council is a Data Controller under the Data Protection Act 1998 and the General Data

Protection Regulations (GDPR). The council is committed to protecting your privacy and to process

any personal data submitted by you in a manner which meets the requirements of the Data Protection

legislation. The Privacy Notice below provides more information regarding our commitments to you

under privacy and data protection.

Privacy Notice

Belfast City Council is the Data Controller under the General Data Protection Regulation (GDPR) for

the personal data it gathers for the purposes of sending regular email updates on the Local

Development Plan from Belfast Planning Service.

It should also be noted that in accordance with Regulation 19 of the Planning (Local Development

Plan) Regulations (Northern Ireland) 2015, the council must make a copy of any representation

available for inspection. The Council is also required to submit the representations to the Department

for Infrastructure and they will then be considered as part of the independent examination process.

The council accepts that you are providing your personal data on the basis of consent and are

positively agreeing for the council to hold and further use it, publish it (without personal information

such as address or email address, but may include organisation or name). Belfast City Council must

also share it with the Department for Infrastructure and whoever they appoint to undertake the

independent examination.

Any personal details that you provide the Council will be handled in accordance with the GDPR and

Data Protection Act 2018. As such we will only use your data for the purposes that you have given

this information for and will only be shared where necessary to provide the service that you are

contacting us about. If you would like further information in regards please see the

website belfastcity.gov.uk/about/privacy

The personal data is held and stored by the council in a safe and secure manner and in compliance

with Data Protection legislation and in line with the council’s Records Retention and Disposal

Schedule.

If you wish to contact the council’s Data Protection Officer, please write to:

Belfast City Council

City Hall

Belfast

BT1 5GS

or send an email to records@belfastcity.gov.uk

Q. Please tick to confirm that you have read and understood the privacy notice

above.

(Required)

Please select all that apply



I confirm that I have read and understood the privacy notice above and give my consent for

Belfast City Council to hold my personal data for the purposes outlined.

Q. Do you consent for us to publish your response?

Under planning legislation we are required to publish responses received in response to the Plan

Strategy. On this page we ask for your consent to do so, and you may opt to have your response

published anonymously should you wish.

Even if y

ou opt for your comments to be published anonymously, we will still have a legal duty to

share your contact details with the Department for Infrastructure and the inspectorate they appoint

to oversee the examination in public into the soundness of our plan. This will be done in accordance

with the privacy statement above.

(Required)

Please select only one item



Yes, with my name (individuals) or organisation name



Yes, but without any identifying information

Note: Under either option, personal information such as email address or telephone number will still

be redacted from published documents.

✔

2. Your details

Q. Are you responding as an individual, as an organisation, or as an agent acting on

behalf of an individual, group or organisation?

(Required)

Please select

only one item



Individual (Complete this Section, then proceed to Section 5)



Organisation (Complete this Section, then proceed to Section 3)



Agent (Complete this Section, then proceed to Section 4)

Q. What is your name?

Title

Full Name (Required)

Q. What is your address?

Address Line 1

Address Line 2

Address Line 3

City

Postcode

Q. What is your telephone number?

Q. What is your email address?

(Required)

Mrs

Sheila Murphy

Turley

Hamilton House

3 Joy Street

Belfast

BT2 8LE

028 9072 3900

sheila.murphy@turley.co.uk

3 Organisation

If you have selected that you are responding as an organisational respondent, there are a number of

pieces of information that we are legally required to gather from you.

Q. If you are responding as a representative of a group or organisation, please

provide details below:

Organisation

Your Job Title

Organisation address (if different from above):

Address Line 1

Address Line 2

Address Line 3

City

Postcode

4. Agent

If you have selected that you are responding as an agent on behalf of other

people/organisations, there are a number of pieces of information that we are legally required to

gather from you.

Q. Please provide details of the organisation or individual you are representing:

The name of the organisation or individual you are representing:

Client contact details:

Title

Full Name

Address Line 1

Address Line 2

Address Line 3

City

Postcode

Telephone Number

Email Address

Q. Would you like us to contact you, your client or both in relation to this response or

future consultations on the LDP?

Please select only one item



Agent



Client



Both

Osborne & Co

Chris Kane

18th Floor

33 Cavendish Square

London

W1G 0PW

chris.kane@osborneandcompany.com

5. Representation to draft Plan Strategy Consultation

Q. Did you submit a representation to the Belfast Local Development Plan Draft Plan

Strategy 2035?

Note: The formal consultation period for representations to the Belfast Local Development Plan

Draft Plan Strategy 2035 commenced on Thursday 20 September 2018, and closed at 5pm on

Thursday 15 November 2018.

(Required)

Please select only one item



Yes (Complete Sections 5b, then Proceed to Section 6)



No (Proceed to Section 6)

5b. Representation to draft Plan Strategy Consultation

Q. Please provide the reference number assigned to your representation to the

Belfast Local Development Plan Draft Plan Strategy 2035.

Note: Your reference number can be found on the letter sent to you, by Belfast City Council on

Friday 22 February 2019

(Required)

Q. Please provide a summary of the issue(s) raised in your representation to the

Belfast Local Development Plan Draft Plan Strategy 2035.

(Required)

DPS-B-8B-5

DES3 & HOU4 - Tall Buildings and Density of Residential Development - Change required: (a) We are not supportive of setting guideline heights.

Based on the analysis undertaken we recommend that the threshold of 35m AOD is revisited and the text ‘those which are significantly higher

than their surroundings’ is removed as there is no guidance to determine what is significantly higher. (c) Criteria is unsound as it doesn’t read

across other policies in the plan specifically those set out in the Built Heritage section. (d) Replace ‘Contribute to a cluster or an interesting

skyline when grouped together’ with ‘Contribute to a cluster or create a focal point or beacon (a Point Block) which acts as a form of marker

contributing to a positive skyline.’ As drafted there is a conflict in respect of the clustering and grouping and assessing each application on its

own merits. Individually, or in groups, tall buildings can affect the image and identity of the city. Para 3.4 of the Technical Supplement 06 states

that ‘Tall buildings are generally easily recognisable and act as key landmarks within a city’s skyline either individually or as a cluster.’ (our

emphasis) (e) Replace ‘Support locations of civic or visual importance including major transport nodes, civic spaces and areas of high

employment’ with ‘Support locations of civic or visual importance including major transport nodes, civic spaces, areas of high employment, at

arrival points into the city, waterfront and areas of regeneration including those identified as Development Opportunity Sites and masterplans’

Consideration should be given to including criteria in DES3 that 'regard should be had to extant masterplans/frameworks or extant planning

permissions whereby locations for taller buildings are identified or approved…'. (f) Add ‘will bring significant regeneration benefits and contribute

positively to place‐making’ similar to other UK cities it should be acknowledged that taller buildings can act as catalysts for wider regeneration.

Skylines of cities such as Manchester, Leeds, Liverpool and Birmingham act as markers and signposts of regeneration. (g) Remove ‘Existing tall

buildings within Belfast will not set a policy precedent for similar development on adjacent sites.’ This is unsound because it is an invitation to set

aside an assessment of context and character, factors which are genuine and important material considerations in making a planning decision

within the new policy framework. The PAC decision (ref: 2013/A0124) is of particular relevance.

CGR 1 - Community Cohesion and Good Relations - Change required: That the policy be amended. Criterion (a) and (b) should be deleted.

Criterion (c) reworded to state that where the opportunity exists to improve future connectivity across peace infrastructure and create permeable

neighbourhoods that this should be incorporated into design proposals. No change to criterion (d) and (e). These changes would assist in making

the policy sound as the revised criteria is found on good planning principles and paragraph 4.17 of the SPPS.

TRAN 8 - Parking and Servicing Arrangements Change required:Policy TRAN 8 is unsound as the policy fails the tests of CE 2 and C4. The

policy should introduce flexibility and we would suggest deletion of ‘DfI standards’ and replacement with ‘published standards.’

TRAN 9 - Parking Standards within areas of Parking Restraint Change required: The policy fails to satisfy the test of CE2 in that the evidence

base prepared to support the policy is not provided within the technical supplements and the recommendations following from Council’s Car

Parking Strategy (published in May 2018) have not been provided. We respectfully suggest that Council prepares an up to date evidence basis to

support this policy and on the basis of the evidence collated reassesses whether the evidence supports this policy position.

OS 3 - Ancillary Open Space Change required: There is insufficient evidence within the technical supplement to support the policy proposed

A robust, up to date evidence basis should be prepared to support this policy.

6. Counter Representation

Any person may make a counter representation in relation to a representation seeking a change to a

Development Plan Document (DPD). The purpose of a counter representation is to provide an

opportunity to respond to proposed changes to the DPD a result of representations submitted under

Regulations 15 and 16 of The Planning (Local Development Plan) Regulations (Northern Ireland)

2015.

A coun

ter representation must not propose any further changes to a DPD.

Q. Please provide the reference number of the representation to which your counter

representation relates.

Please provide only one reference number. If you wish to make a counter representation to more

than one representation, complete a separate sheet (Section 6 only) for each counter representation

you wish to make and append the sheet(s) to your submission.

Note: Your counter representation must relate to a representation made to the Belfast Local

Development Plan Draft Plan Strategy 2035 during the formal consultation period which commenced

on Thursday 20 September 2018 and closed at 5pm on Thursday 15 November 2018. The

representations received during this period can be viewed on the Council’s website at

www.belfastcity.gov.uk/LDP.

Q. Please give reasons for your counter representation having particular regard to

the soundness test in the above representation.

Please note that your counter representation should be submitted in full and cover succinctly all the

information, evidence, and any supporting information necessary to support/justify your submission.

There will not be a subsequent opportunity to make any further submissions based on your original

counter representation. After this stage, further submissions will only be at the request of the

independent examiner, based on the matters and issues he/she identifies at independent

examination.

(Required)

Continue on the next page

Note: If you wish to make a counter representation to more than one representation, complete a

separate sheet (Section 6 only) for each counter representation you wish to make and append the

sheet(s) to your submission.

See Enclosed Counter Representation

Osborne & Co Counter Objections

Belfast City Council LDP, Draft Plan Strategy – Counter Representation Stage

April 2019

1. Introduction

1. This counter-representation is submitted on behalf of Osborne & Co in response to representations received in response to the Council’s consultation on the

draft Plan Strategy (dPS) in August 2018.

2. For clarity these counter representations relate to representations made under Regulation 15 and 16 of the Planning (Local Development Plan) Regulations

(Northern Ireland) 2015 (‘Regulations’). Under Regulation 17, the Council has made available copies of all representations received in response to consultation

on the draft Plan Strategy. These counter representations are submitted under Regulation 18 as they relate to site specific representations.

3. We have formulated these counter representations having taken account of Regulation 2 of the LDP Regulations which states:

• ‘site specific policy’ means a policy in a development plan document which identifies a site for a particular use or development.

• ‘site specific policy representation’ means any representation which seeks to change a development plan document by:

‒ adding a site specific policy to the development plan document; or

‒ altering or deleting any site specific policy in the development plan document

4. These counter-representations should be read alongside draft Plan Strategy Representation Ref. DPS-B-8B-5 submitted on behalf of Osborne & Co

2. Counter Representations

5. This section outlines our counter-representations to comments received by Belfast City Council in response to consultation on the dPS.

Reference No &

Author

Summary of Representation Comments

Counter Representation

DPS-B-92-P

(Historic Buildings

Council)

Comments to Draft Policy DES3 – Tall Buildings

Outlines that buildings over 6 storeys should only be exceptionally

permitted in the city centre, with tall Buildings possibly being more

acceptable in the Titanic Quarter.

The Historic Buildings Council objects to the policy criteria set out

in DES 3, and suggests that Council should introduce a policy which

restricts both the height and location of tall buildings.

Osborne & Co wishes to make a counter-representation to this

statement. It is our view that the approach proposed by the

Historic Building Council is unsound as no evidence has been

provided to support the stance advocated, and the proposed

change is not flexible to address any changing circumstances.

For these reasons the approach proposed by the Historic Buildings

Council fails against soundness tests CE2, and CE4.

We would refer Council to our position set out in Draft Plan

Strategy Representation Ref: DPS-B-8B-5.

DPS-B-UZ-T

(Organisation)

Comments to Draft Policy DES3 – Tall Buildings

Seeks that high density development should be restricted to the core

city centre.

Representation DPS-B-UZ-T objects to the policy criteria set out in

DES 3, and suggests that Council should restrict tall buildings to

core of the city centre.

Osborne & Co wishes to make a counter-representation to this

statement. It is our view that the approach outlined within DPS-B-

UZ-T is unsound as no evidence has been provided to support the

stance advocated and the proposed change is not flexible to

address any changing circumstances.

For these reasons the approach proposed within DPS-B-UZ-T fails

against soundness tests CE2, and CE4.

We would refer Council to our position set out in Draft Plan

Strategy Representation Ref: DPS-B-8B-5.

DPS-B-9H-C

(Ulster

Architectural

Heritage, (UAH))

Comments to Draft Policy DES3 – Tall Buildings

Outlines that tall buildings should not be permitted in sensitive

heritage locations such as Conservation Areas or Area of Townscape

Character, and that there is no need for tall buildings in Belfast City

core at all.

UAH objects to the policy criteria set out in DES 3, and notes that

the policy falls far short of an adequate policy for tall buildings.

Osborne & Co wishes to make a counter-representation to this

statement. It is our view that the approach proposed by the UAH

is unsound as no evidence has been provided to support the

stance advocated and the proposed change is not flexible to

address any changing circumstances.

For these reasons the approach outlined by UAH fails against

soundness tests CE2, and CE4.

We would refer Council to our position set out in Draft Plan

Strategy Representation Ref: DPS-B-8B-5.

DPS-B-UK-B

(Markets

Association)

Comments to Draft Policy HOU5 – Affordable Housing

Welcomes HOU5 however expresses concern that a developer can

provide affordable housing on an alternative site or can negotiate a

reduced provision.

Representation DPS-B-UK-B welcomes the policy but advocates an

approach which would remove a number of proposed measures

that provide flexibility within the policy – i.e. consideration of an

alternative site if it is not viable to development on the application

site without any consideration of viability.

Osborne & Co wishes to make a counter-representation to this

statement. It is our view that the approach proposed by the

Markets Association is unsound as no evidence has been provided

to support the stance advocated and the proposed change is not

flexible to address any changing circumstances.

For these reasons the approach proposed by the Markets

Association fails against soundness tests CE2, CE4 and P3.

We would refer Council to our position set out in Draft Plan

Strategy Representation Ref: DPS-B-8B-5.

DPS-B-8E-8

(unknown)

Comments to Draft Policy HOU6 – Housing Mix

There is a significant requirement for family housing, amounting to a

significant proportion of the overall housing allocation. However, the

LDP does not demonstrate in the housing allocation proposed that

appropriate provision has been made for family housing. The

allocations made for the City Centre and Harbour Estate will

inevitably be predominantly apartment development, unsuitable for

families.

Osborne & Co wishes to make a counter-representation to this

statement. It is our view that the position adopted is unsound as

the author provides no evidence to support their stance. Through

initiative and creative design solutions a range of housing options

can be developed within the City Centre and Harbour Estate. For

this reason the approach outlined by DPS-B-8E-8 fails against

soundness test CE 2.

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