Farm dwelling and garage at Avish Lane (approximately 125 Metres East of No. 42 Kilnappy Road) Eglinton

The site and surroundings

The roadside site lies in a rural Green Belt setting, within an agricultural field off Kilnappy Road.

“The application site as defined by the red line is a roadside site located along Avish Lane, off the Kilnappy Road. Levels on the site rise gradually towards the rear which is part of a larger agricultural field. The roadside boundary is defined by low level hedgerow and scrub.”

“The application site is in the rural area and in the Greenbelt as set out in the Local development Plan 2032. The overall area maintains a rural setting and is characterised by agricultural fields, farm holdings and established single dwellings.”

Officer report

Planning history

There were no relevant planning applications associated with the site.

“Planning History There is no relevant planning applications associated with the application site.”

Officer report

Officers’ recommendation

Officers recommended refusal because the proposed dwelling would not cluster with an established group of buildings on the farm.

“Conclusion and Recommendation The proposal fails to meet Criteria (c) laid out in Policy HOU 18 Local Development Plan (LDP) 2032 - Plan Strategy (PS) as the proposed dwelling is not sited to cluster with an established group of buildings on the farm.”

Officer report

The main planning issue

The proposal failed the farm-dwelling policy’s clustering requirement, and it was not demonstrated that the site was within the established farm holding.

“The Department for Agriculture Environment and Rural Affairs (DAERA) were consulted on the proposal with regards to the Farm ID submitted as part of the application. DAERA responded stating the Farm Business ID identified on the P1C form has been in existence for more than 6 years (since 19th November 1991).”

“The policy goes on to say that planning permission granted under this policy will only be forthcoming every once every 10 years. For the purposes of this policy ‘sold off’ means any development opportunity disposed of from the farm holding to any other person including a member of the family. The agent has confirmed on the application form that no dwellings have been approved under this farm business number in the last 10 years.”

Officer report

Residents’ views

No letters of objection or support were received after neighbour notification and press advertisement.

“Representations-none Neighbour notification and press advertisement have been carried out in line with the Council’s statutory duty. Neighbours notified include 42 and 44 Kilnappy Road. No representations have been received.”

Officer report

Who spoke

The Principal Planning Officer presented the application, and the Senior Planning Officer reported that refusal was recommended.

The decision

The committee refused the application in line with the officer recommendation and the stated reasons.

“LA11/2022/0838/O - Proposed site for farm dwelling, Avish Lane (approximately 125 Metres East of No. Kilnappy Road), Eglinton, Londonderry, BT47 3JX The Principal Planning Officer (PPO) presented the above application, details of which was previously circulated to Members. The SPO reported that having assessed all material considerations, including the Development Plan, relevant planning policies, relevant planning history, consultations etc.”

Minutes