Access condition changes at 81 Enniskillen Road, Ballinamallard

What was proposed

The application sought to remove lane-widening requirements and reduce the required visibility splays for an approved fuel sales business.

“The application is seeking to amend two conditions attached to the approval of a fuel sales business. The original approval requires the developer to widen the existing access and laneway and improve the visibility splays at the entrance in the interests of road safety. The Applicant now seeks to amend the decision to remove the requirement to carry out the widening and to reduce the visibility splays that are required.”

Officer report

The site and access

The site is at 81 Enniskillen Road and is reached from the public road through an existing private laneway.

“Site Details The application site is located at 81 Enniskillen Road Ballinamallard and is accessed off the main public road to the north west via an existing private laneway.”

“Proposed development Section 54 application to vary Conditions (2) and (3) (Access) of planning application LA10/2020/1114/F (Storage Shed and retail outlet building for the sale of coal, gas and firewood).”

Officer report

Earlier approval and enforcement

The original fuel sales permission was granted in 2022, while enforcement action followed failure to complete the required access improvements.

“The site is subject of an ongoing planning enforcement investigation. A Breach of Condition Notice was issued by the Council with legal action taken and a conviction secured for failing to comply with the planning conditions requiring the improvements to the access. This investigation is ongoing but any further action has been deferred pending the outcome of this application.”

“LA10/2020/1114/F - Proposal: Storage shed and retail outlet building for the sale of coal, gas, and firewood Decision: Permission Granted: May 2022”

Officer report

Why officers recommended refusal

Officers considered that fuel sales intensified the lane, the former woodworking use could not simply offset that traffic, and the access remained unsafe.

“However, there was no planning permission for the former business and there is no Certificate of Lawful Use for any industrial use in the building. Whilst there is a Statement of Declaration from the applicant providing details of the former business it is not substantiated with any evidence other that the declaration. The use as a wood working business is estimated by the Applicant as generating a trip figure of 15 per day which is considered as an overestimate.”

“There remains an intensification of use onto the laneway from the fuel sales business. Access to the site is off the public road using the existing access and laneway. The existing access requires improvements. In accordance with the DCAN Para 10.1: “the entry and exit radii shall be sufficient to accommodate the largest vehicle likely to use the access. In most cases 10m radius should be adequate but, where this is not practical, a minimum of 6m may be permitted”.”

Officer report

Consultation and objections

DfI Roads advised that improvements were required if access use increased, while four objections raised safety, traffic and delivery concerns.

“DfI Roads has provided advice that “Planning should ensure that they are satisfied with the information contained in the application form and the Traffic Assessment prepared by MRA Partnership, and that the use of the access will not be increased by more than 5% as stated in DCAN 15. In the case of intensification then the road improvements will be required”. (Published on Portal on 18 June 2024).”

“Four objections have been received summarised as ‘two years has elapsed since this decision was made on 10th May 2022 and no work has been done to meet this condition relating to the access, safety is at risk if conditions are not complied with, dispute the data submitted for traffic use of the lane, significant intensification of the lane usage due to the fuel business, previous businesses did not have the same impact in relation to traffic generation as the current…”

Officer report

What supporters said

Supporters argued that demolishing the former woodworking building would prevent intensification and that existing visibility and historic uses supported approval.

What members heard

Officers said the former woodworking use had ceased and could not establish the original baseline, while DfI Roads restated its advice on intensification.

“He stated that Planning Officers did not agree with this analysis and were not of the view that it would return to the original baseline. Members were advised that were was no Certificate of Lawful Use or Development (CLUD) for the original woodworking business which had ceased in 2013, with the building being used since 2019 for the storage of fuel products.”

“In addressing the Committee, [name withheld] stated that in May 2024, DfI Roads had issued correspondence to Planning Officers stating that they should be satisfied with the information contained in the application form and the Traffic Assessment prepared by MRA Partnership, and that the use of the access will not be increased by more than 5% as stated in DCAN 15. He added that DfI Roads’ advice was that if intensification was present, the previous conditions should be applied.”

Minutes

The vote and decision

Members voted five to five, and the Chair’s casting vote carried refusal for the two reasons set out in the recommendation.

“The Chair stated that he was putting the proposal by Councillor O’Reilly, seconded by Councillor Maguire that the Committee should adopt the recommendation to refuse planning permission to a vote and voting took place as follows:”

“With five votes cast in favour and five votes cast against, the Chair used his casting vote to vote in favour of the proposal which was therefore carried.”

Minutes