LA05/2024/0198/DC

Description

Discharge of Conditions 7, 2 and 3 of planning approval Y/2009/0114/F- Condition number 7: Summary of condition requirements: Condition 7 states: “The vehicular accesses, including visibility splays and any forward sight distance, shall be provided in accordance with Drawing No: P115/R10-3p beading the LCCC date stamp 29th January 2019, prior to the commencement of any other works of development proposals hereby permitted. The area within the visibility splays and any forward sight line shall be cleared to provide a level surface no higher than 250mm above the level of the adjoining carriageway and such splays shall be retained and kept clear thereafter.” This condition was written to control access from the site onto the Mealough Road which was intended to be upgraded. A separate planning approval referenced Y/2009/0034/F permitted the construction of the Mealough Road improvements and was commenced. The condition requires visibility splays and forward sight distances to be provided in respect to the upgraded Mealough Road. Accordingly, it relates the planning permission and the approved site access to that scheme. Condition number 2: Summary of condition requirements: Condition 2 states: “No development shall commence until the site access from Mealough Road, including visibility splays has been provided in accordance with approved Drawing No. 09/B date stamped 13th February 2019.” This condition was written to control access from the development onto Mealough Road before the approved road improvements took place. However, development of the planning permission did not take place until after the upgrading of Mealough Road was completed and the condition was not engaged. Condition number 3: Summary of condition requirements: Condition 3 states: “No development shall commence until a temporary traffic management plan and construction sequence has been submitted to and agreed with DfI Roads for any works carried out prior to the upgrade of the Mealough Road as approved under Y/2009/0114/F.” This condition also relates to development works carried out at the site prior to the upgrade of Mealough Road. The works to upgrade Mealough Road were fully implemented and the road was opened ahead of the commencement of Y/2009/0114/F in accordance with condition 7 and condition 3 was never engaged. 1. A Certificate of Completion in respect to the Mealough Road improvement works: The road upgrade works were completed on 29th April 2022, which is confirmed by the Certificate of Completion issued on 30th April 2023 following the expiry of the 12-month defects period. 2. As-built drawing of the Mealough Road improvement works including the site access: An as-built drawing has been issued by RPS that shows the site access and related visibility splays and forward sight distance in accordance with condition 7. 3. Road Agreement and Bond in respect of the development spine road: On 29th November 2022 a road agreement and bond enabling construction of the internal development spine road was entered into by the Mealough Consortium Limited. This establishes that no development took place at the site prior to the Mealough Road upgrade works being completed and it confirms that condition 7 was complied with while conditions 2 and 3 were not engaged.

Council Website

Address

Lands North of Blenheim Park and Queensfort Court West of Saintfield Road and South of Mealough Road Carryduff accessed from Mealough Road South of the reservoir and East of No.6 Mealough Road (Part of BMAP Zoning CF03/05).

Coordinates

54.521520527227715, -5.891736401549490

Source: Lat and Lng