Four dwellings and garages at 14m East of No's 1 to 4 Church View, Waringstown

“Proposal: Erection of 4 dwellings and garages – A Section 54 application to amend condition 13 of planning approval LA08/2021/1564/RM which relates to sewage disposal. The amended condition shall read: ''No dwelling shall be occupied until the method of sewage disposal has been agreed in writing with Northern Ireland Water (NIW) or a consent to discharge has been granted under the terms of the Water (NI) Order 1999.”

“Site Address: 14m East of No's 1 to 4 Church View, Banbridge Road, Waringstown, BT66 7RG (Site Plan: Appendix 11A)”

“The site comprises of lands to the rear of numbers 1-4 Churchview, Waringstown. Development has commenced on site with two dwellings partially constructed (one to first floor level and another ground floor level) with the foundations and footings insitu for another two dwellings.”

“The application site is whiteland within the settlement limit of Waringstown and is located within an area which is primarily residential in character. The Oak Grange housing development is located to the east (accessed via Mill Hill) with a terrace of dwellings at Churchview. To the north of the site is a charity at 6 Banbridge Road (Love for Life) with the curtilage of a dwelling (no. Banbridge Road) to the south.”

“LA08/2020/0013/O: Site for 4 No. dwellings & garages (with treatment plants each) approved on the site – 29 th January 2021.”

“LA08/2021/1564/RM: Site for 4 No. dwellings and garages approved on the site – 26 th April 2022.”

“The proposal is contrary to Planning Policy Statement 2: Natural Heritage Policy NH 5 - Habitats, Species or Features of Natural Heritage Importance as the proposal cannot link into the public sewage system and as it has not been demonstrated that Consent to Discharge under the Water Order is likely to be forthcoming.”

“NI Water were consulted on this Section 54 application and raised no objections to the proposed variation in condition. They had raised no objection in both the original outline planning application (LA08/2020/0013/0) and the subsequent reserved matters application (LA08/2021/1564/RM) as the applicant indicated that foul sewage disposal would be managed via treatment works or septic tanks.”

“In regards to this specific site, WMU has advised that discharge consent can only be assessed whenever that Department has received an application deemed complete which is not the case with this application. To date no complete application for a private waste water treatment plant to serve this development has been received by WMU. A single domestic discharge consent application had been received by WMU on 10 th February 2025.”

“NI Water: No objections. DAERA Water Management Unit: Request that the wording of the condition remains unchanged.”

“Members are advised that no representations have been received regarding this planning application.”

“COMMENTED: by the Vice-Chair, Councillor O’Dowd, that anyone breaching conditions do so at their own risk. Committee could not let something like this pass as it would open the flood gates for everyone to build and not follow conditions.”

“CONCURRED: by Councillor Lavery with the previous speakers. He felt approving this would not be the right way to go when the Committee or Officers lay down the condition. The conditions had to be adhered to in every case in order to protect the environment and residents.”

“AGREED: on the proposal of the Vice-Chair, Councillor O’Dowd, seconded by Councillor Armstrong, that Application No: LA08/2025/0701/S54 by Waringstown Limited be refused.”

“NOTED: that there were no counter proposals made.”