Farm shed at Approx 220m NW of No. 1 Backglen Road, Omagh

What was proposed

The application proposed a new farm shed measuring about 24 metres by 12 metres and 6.5 metres high.

“Site Details The application site is located immediately west of the NI Water compound which is set back off the Backglen Road. Access is via an existing lane serving the compound and site and wider farm lands. There is a ribbon of development of houses and buildings on the other side of the road.”

“Proposed development This is a full application for a new farm shed measuring approximately 24m x 12m, with a height of 6.5m. The building would be finished in a smooth rendered block work on the lower part of elevations and profiled cladding to the roof an upper part of elevations.”

Officer report

Why officers advised refusal

Officers found that the business had not operated for six years, the shed was too large for the stated operation, and the site was visually prominent.

“The proposal is for new farm shed in the countryside. Whilst the applicant has a holding of land and has a Business Id number this was only obtained in 2023 and there is no other evidence that the farm business has been established for at least 6 years. Further information to demonstrate compliance with Policy IB06 was requested at the initial validation stage and on two further occasions during the processing of the application.”

Officer report

Consultation responses

Roads, Environmental Health and NI Water raised no objections after revisions, while DAERA confirmed the farm business identity was less than six years old.

“DAERA have advised that the farm business Id has not been in existence for more than 6 years. A Category 1 Id was allocated on 22/09/23. The farm business claimed payments in 2024 through the Basic Payment Scheme or Agri Environment scheme. However DAERA also state that the “site field not claimed by any farm business in 2024”. Planning Officers have sought clarification from DAERA regarding claims and an update will be provided to the Committee.”

“Environmental Health Department has no objections to the proposal and have offered informatives to be attached to any decision.”

Officer report

What supporters said

Speakers described lamb losses, animal-welfare needs, farm investment and the proposed site as more practical than land near the house.

What members debated

A member argued that the specific circumstances justified approval despite policy conflicts, while officers said the conflicts were significant and not outweighed.

“The Member stated that while the applicant had only been operating for four years, he believed that the particular circumstances the applicant had presented were material and should be given weight in regard to overcoming the policy, on this specific occasion.”

“In response to comments from the Member, the Lead Planner stated that Section 6(4) of the Planning Act stated that an application should be determined in accordance with the Local Development Plan unless material considerations indicated otherwise.”

Minutes

The committee vote

The proposal to approve was seconded and received unanimous support from members.

“A Member seconded the proposal to approve planning permission.”

“All Members were in support of the proposal.”

Minutes

The decision

Planning permission was approved, with the committee accepting the case as an exception to the adopted policy because of its particular circumstances.

“The Chair asked the proposer to clarify his reasons for overcoming refusal reason 1A. The Member stated that although he was aware that approval of this application would be a breach of the adopted policy, he believed that in the unique and particular circumstances of this case, the evidence provided and the need demonstrated by the applicant and agent, he was satisfied to consider the application as an exception to the policy.”

“RESOLVED: On the proposal of Councillor Irvine, seconded by Councillor Rainey, and unanimously agreed, that the above application be approved planning permission. (”

Minutes