Dwelling and garage at Lands at Sallowilly Road, Approx. 80M SE of No.68 Lower Ballyartan Road

What was proposed

The application sought outline permission for a dwelling and garage on land beside Sallowilly Road.

“2.Description of Proposed Development Proposed site for dwelling and garage 3.E IA Determination This application is not within the scope of Schedule 2 Category 10(b) Urban Development Projects, as set down in The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017, as the site is not in a sensitive area as defined in regulation 2 (2) of the above regulations, and the site area does meet or exceed the category threshold of 0.5Ha therefore an EIA…”

Officer report

The site and surroundings

The triangular agricultural site lies outside the settlement limit, within open countryside and the Sperrin AONB, with hedges, trees and a ruined shed.

“Ballyartan Road. The land levels within the application site rise gradually away from the public road. A number of interspersed mature trees with heights of approx. 6m are located within the application site boundary. The ruins of a stone shed are located within the application site. The surrounding character of the Sallowilly and Lower Ballyartan Road is defined as open countryside, with dwellings and outbuildings spread out intermittently.”

“Site Constraints • The site is approx. 140m from a watercourse to the south of and outside the boundary of the site to this watercourse is a tributary of the River Faughan SAC. • The site is located within in the Sperrin AONB”

Officer report

Earlier applications

Earlier applications for a farm dwelling on the site were withdrawn or refused, while a farm dwelling and another dwelling were approved on the holding.

“Relevant Planning History Planning Reference: A/2009/0330/O Address: Sallowilly Road, 40m south-west of 60 Lower Ballyartan Road, Claudy Proposal: Site for farm dwelling Decision Date: Application Withdrawn (20/11/2009)”

“This farm dwelling was approved on the current farm holding.”

Officer report

Why officers advised refusal

Officers considered that the site did not cluster with farm buildings, alternative sites were available, and the proposal would be prominent and poorly integrated.

“Criteria 3 states that any farm dwelling should be sited to cluster with an established group of buildings on a farm (in the first instance). Paragraph 16.125 of the justification and amplification to HOU18 provides the rational for the requirement to cluster as set out in criteria 3. The proposed farm dwelling is located approximately 150m away from the established group of farm buildings.”

“Officers also note that Planning Reference (A/2009/0330/O assessed under PPS21) for a farm dwelling on the current application site was withdrawn by the applicant. The application was recommended for refusal citing lack of visual linkage and failure to cluster with the farm buildings.”

Officer report

Consultation responses

consultees raised no objections, although several requested conditions, advice or mitigation relating to access, drainage, water, ecology and the environment.

“EHD – No objections to proposal, informatives and advice/guidance provided.”

“NI Water- Content- subject to conditions and informatives.”

Officer report

Who spoke

The Principal Planning Officer presented the application; a councillor and the agent supported approval, while an objector also addressed members.

Members’ discussion

A councillor and the legal officer said reconsideration was unusual because late material information could affect the decision.

“The Lead Legal Services Officer agreed with Councillor Jackson and acknowledged that it was unusual. However, he advised that, case law was clear that where late material information was received that could impact the decision the matter must be reconsidered and so it had been decided to present the full application for consideration today.”

Minutes

The vote

Members unanimously supported a proposal to defer the application.

“Discussion ensued, after which Councillor Devine Proposed, Seconded by Councillor Jackson to defer the application to allow the applicant to submit Design Access Statement and Ecology report. The outcome of the vote was unanimous support of the Proposal. The Committee Resolved to defer application LA11/2024/0931/O. until the information referred to was provided by the applicant. The application will be presented at a future meeting.”

Minutes