Agricultural entrance retention at 70m south of 150 Clanabogan Road, Omagh

What was proposed

The application sought to retain an existing agricultural entrance serving a farm yard and buildings onto a protected route.

“Proposal: Retention of existing agricultural entrance onto Clanabogan Road, Omagh…”

“Retention of existing agricultural entrance onto Clanabogan Road, Omagh…”

Officer report

Planning and enforcement history

There was no material planning history, while an enforcement investigation was deferred pending the application’s determination.

“There is no previous planning history material to the application.”

“A planning enforcement investigation is presently under consideration against the breach of planning control. Action has been deferred pending determination of the current application.”

Officer report

Why officers recommended refusal

Officers concluded the new entrance was not necessary, access could reasonably use the minor road, and traffic movement and road safety would be affected.

“As there is an existing long established access and laneway serving the farm buildings from the Dunnamona Road, then an additional new access is not necessary for the efficient use of the agricultural holding. The reason in the Supporting Statement seeking to justify the need for a new access is that the existing access onto the Dunnamona Road “was not safe as there was limited visibility splays to the west, due the undulating nature of this road”.”

“Reason 03 – Contrary to Policy TR01 – Land Use and Transport The use of the access onto the PR would impact upon the free flow and movement of traffic on the PR. At the moment traffic is travelling along this side of the road at high speeds and whilst there is good visibility in both directions, vehicles slowing down to turn into the access and also vehicles leaving the access will impact upon the free flow of traffic and prejudice road safety and significantly inconvenience…”

Officer report

Consultation responses

DAERA confirmed an active farm business, while DfI Roads opposed the proposal because of the protected route and available minor-road access.

“DAERA has confirmed that a Category 1 Farm Business Id was issued in 2009 and has been claiming payments through the Basic Payment Scheme or Agri Environment scheme in each of the last 6 years.”

“DfI Roads has provided advise and consider the proposal contrary to Policy TR04 and would prejudice the free flow of traffic and conditions of general safety. They also advise that “an access can also be reasonably obtained from an adjacent minor road”.”

Officer report

What the agent said

The agent said the entrance was necessary, safer than the historic access, environmentally preferable, and would only marginally intensify traffic.

Committee discussion

The Principal Planning Officer said a minor-road alternative remained available and that no new information changed the refusal recommendation.

“In response to comments from the Speaker, the Principal Planning Officer advised that an alternative access could not be discounted solely on the basis of hedgerow removal, as that approach would be unsustainable and inconsistent with common development practice. The relevant policy test required consideration of whether access could reasonably be obtained from an adjacent minor road, not whether an existing access must be used.”

“In concluding, he advised that no new information had been presented to change the recommendation to refuse, and DfI Roads had confirmed support for the refusal, particularly in respect of the protected route policy.”

Minutes

The vote

A member proposed refusal, another member seconded it, and the committee agreed by majority.

“A Member then proposed that the Committee should go with the Officer recommendation to refuse planning permission and this was seconded by another Member.”

“RESOLVED: On the proposal of Councillor O’Reilly, seconded by Councillor Irvine, and agreed by the majority, that the above application be refused planning permission, for the three reasons listed within Paragraph 11.0 of Appendix 2. (”

Minutes