Residents seek legal action after new B&B approved for historic Derry street

Residents of a street in Derry are considering legal action after approval was issued for new bed and breakfast in the area. The approval was issued at a recent meeting of Derry City and Strabane District Council’s Planning Committee, where approval was issued for the new development despite opposition to the move by the SDLP. The meeting was told that the applicant had sought approval for the change of use at number 19, Clarence Avenue from a private dwelling to a partial bed and breakfast, made up of three bedrooms on the first floor and common rooms on the ground floor. The building itself is a three storey building on the corner of Clarence Avenue, which fronts onto Springham Street. It emerged at the meeting that total of 27 objections had been lodged against the plans, which related to what was described as the ‘erosion of the residential character’ of Clarence Avenue, given that the proposal is a business, the lack of car parking provision for staff and guests of the bed and breakfast. Concerns were also expressed by residents with regards to noise. A planning officer told the meeting that Transport NI had considered proposal and the objection letters submitted with regard to the potential increase in volume of vehicular traffic. However, the officer added that Transport NI was ‘content’ that the new bed and breakfast ‘will not result in a significant increase’ in the volume of traffic. The officer continued that the council’s Environmental Health Service (EHS) had no objections to the proposal. It also emerged that a Conservation Officer within the council had raised concerns regarding the demolition of the outbuilding, a proposed glass balustrade, and a new plastered front wall, and the impact that these would have on the character of the street, which lies in a Conservation Area. These elements of the proposal were then removed, which resulted in the officer having no objections. The officer added that planners had also considered that given its closeness to the’ city centre, tourist attractions, offices and business, this area would be appealing to tourists visiting for both pleasure and business to stay in. “Therefore, a guest house of this scale and nature in this location would be an appropriate use in this area given its ease of accessibility for visitors,” the officer said, before adding that there was existing car parking provision in the street would be ‘adequate for the proposal. The officer added that given in their view the proposal would not affect the character of the area, approval should be issued. A number of those opposed to the proposal were present at the meeting, one of whom, Barbara Curran, a resident of Clarence Avenue was given the opportunity to outline their objections. Mrs Curran told the meeting that the application ‘threatened their community’ which was ‘already under pressure from University Expansion Developers and car parking problems’. “It seeks to introduce business use in to a wholly residential community,” she told the meeting. She continued that the planners’ consideration that the guest house would be appropriate of the area given its close proximity to the city centre was an ‘irrelevant consideration’ before continuing that the application was ‘at odds’ with the surrounding area as it ‘undermine the cohesion of the local community’. “To allow this application would not only degrade and erode the residential amenity of the existing residents, it would create an unacceptable precedent of business use on a wholly residential street,” Mrs Curran continued. She added that the Planning Report presented to councillors has also ‘failed to address the obvious inappropriate precedent of business use for the future survival of this uniquely residential street’ and had ‘ignored all planning principles’ and the existing car parking stress on the street, which she described as a ‘chronic and ongoing’. Following a question from Sinn Fein’s Dan Kelly, a planning officer told the meeting was then told that no additional traffic survey had been completed Commenting, the Sinn Fein councillor Tony Hassan said that council should issue approval for the application, given that council have been ‘told time and time again that we need more hotels and B&Bs because of things happening in the city’. However, the SDLP’s Tina Gardiner said that the application, if approved, would cause ‘huge upset in the community’, adding that it could also ‘set a precedent’ for future applications. Her party colleague, Cllr Gus Hastings echoed her concerns, and said that he feared a similar situation to that Clarendon Street, which he said was once a residential street, but now ‘every other building is business’. “Is that what we’re looking for?” he added. The matter then went to a vote, with the SDLP councillors present voting against an approval, while the Sinn Fein, UUP and DUP councillors voting in favour of the recommendation, which saw it passed. The Derry News spoke to a resident of Clarence Avenue on Friday, who said that given only an applicant can appeal a planning decision, they were now considering legal action to overturn the approval.