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Controversial plan for housing estate beside Newtownards famous Duck Pond is approved

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The Kiltonga Nature Reserve is to be restored as part of the plan

A controversial plan for a new housing estate beside the famous Duck Pond in Newtownards has been approved, after being deferred for a year amidst questions about residential plans on an industrial site.

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Elected members at the Ards and North Down Council March Planning Committee meeting this week (March 31) approved an application by Jona Developments for a residential development comprising 29 dwellings, that is 25 detached and four semidetached, at lands to the northwest of Kiltonga Industrial Estate, close to Belfast Road Newtownards. The site is close to the cherished Kiltonga Nature Reserve, known locally as the Duck Pond.

A year ago the plan was deferred after councillors 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 then quickly dropped.

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The matter was deferred for an extensive period for legal advice on the concerns raised by members including a former age-related condition and the implications of a former Planning Appeals Commission decision, as well as further information from Environmental Health on noise and smell issues that had been reported by residents.

Officers recommended the application for approval. In terms of letters of objection, the council received four, from three addresses. Objectors raised issues around limited parking, increase in traffic, flood risk, threats to flora and fauna and one said there was a threat to mental health of locals who would have green space taken away.

The Planning report states: “Biodiversity has been considered in the Ecological Survey which was submitted and reviewed by the Natural Environment Division. NED offered no objections to the proposal subject to the submission of a final Construction Environmental Management Plan and a Badger Mitigation Plan.

“While the application site currently appears as a green space to local residents, it is zoned for industry and is located within the Newtownards settlement limit where there is a presumption in favour of development on the site. “

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It adds: “DfI Rivers offered no objection to the proposal, subject to a condition relating to the submission of a final drainage assessment.”

It states: “A parking schedule has been provided which indicates that the in-curtilage parking provision along with additional spaces for visitors can all be provided within the application site. The parking provision is in accordance with the recommended guidelines as set out in the Parking Standards document. DfI Roads has considered the proposal and offers no objection to the proposal.”

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.

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. None of these works were completed.

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A Planning Officer told the Committee on Wednesday: “Whilst the proposal is contrary to the (zoning) plan, the planning history represents a significant material consideration.”

She said: “The proposed plan adopts a landscape-led approach, including generous green buffers, and structured landscaping with a defined meadow area. There will be a spacious, low-density layout, with dwellings arranged around the existing pond, which will be retained and enhanced as part of the overall scheme.”

She added: “The principle of residential use has already been established on this site, and relevant planning history includes an approved and extant nursing home, with a certificate of lawfulness confirming commencement, approval for 20 retirement dwellings with commencement also certified.”

She said: “The pond is an established feature on this site and its inclusion is not considered to materially increase the risk beyond that typically associated with residential developments located near open water. In addition, the pond is not unique to this residential scheme.

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“The proposal is therefore considered acceptable from a safety perspective.” She said the zoning “was no longer variable for industrial use.”

She said: “Market evidence indicates that the proposed housing mix better reflects local housing needs, with the site being less suited to an age restricted scheme, given the limited access to services and facilities. Environmental Health has reassessed the application and raises no objection on noise or odour grounds subject to mitigations secured through conditions.

“The proposal secures ecological enhancement, including pond restoration to support the local population of legally protected species.”

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