One dwelling foundation at Lands surrounding and 100m North of 41 Ballinamullan Road, Omagh

What was proposed

The application sought to change two infrastructure conditions, remove the completed right-turn-lane condition and allow foundations for one dwelling before road improvements.

“Proposal: Section 54 application to vary condition no.1 and 4 [infrastructure improvements] of planning approval LA10/2021/0894/F (Housing development) to permit the commencement of the development and laying of foundations of one dwelling unit prior to the carrying out of the infrastructural improvements to Ballinamullan Road in accordance with details as generally indicated on the approved drawing No 22 Revision 02 dated 17 November 2010 and removal of condition 2 (right…”

“The purpose of this report is to present for determination an application for planning permission to be decided by the Planning Committee. The application falls within the meaning of a "major" application as defined in the Planning (Development Management) Regulations (Northern Ireland) 2015. There is a requirement under the Council’s Scheme of Delegation for major applications to be determined by the Planning Committee.”

Officer report

The site and approved development

The site is beside Ballinamullan Road, and the existing permission covers a housing development of 62 houses.

“The proposal seeks to modify the wording of condition 1 and 4 and remove condition 2 of LA10/2021/0894/F which granted planning permission for a housing development of 62 houses.”

Officer report

Planning history

Earlier permissions approved 62 homes, with the latest renewal approved in 2021 and due to expire for commencement in October 2026.

“LA10/2016/0012/F - Housing development of 62 no. units and associated siteworks - Renewal of planning permission K/2007/1660/F Approved July 2016”

“LA10/2021/0894/F - Housing development of 62 units and associated siteworks - renewal of planning application LA10/2016/0012/F Approved October 2021 subject to planning conditions. (Expiry date for commencement is October 2026).”

Officer report

Why officers recommended approval

Officers considered that limited temporary construction traffic would not significantly affect the road network, while the required road improvements would still be delivered.

“Since the first approval some of the infrastructural improvements have been carried out as part of other developments. A right turn lane has been provided on the Killyclogher Road into the Ballinamullan Road and the road along the frontage of Retreat Heights has been widened and a footpath provided from the Killyclogher Road to the entrance to Retreat Heights.”

“The proposal is to commence work on site and lay the foundations of one dwelling unit only, prior to the carrying out of the infrastructural improvements. Whilst the construction traffic to the development to facilitate this will generate additional traffic movements on the road this would be temporary and would not have a significant impact upon the local road network. Importantly it would not generate any pedestrian trips.”

Officer report

Roads consultation

DfI Roads initially sought retention of the existing conditions but later raised no objection, subject to the previous approval’s relevant requirements continuing.

“DfI Roads has advised that they “do not provide an objection subject to the following varied conditions: • Any drawing referenced with previous approval is still applicable and • Any other DfI Roads Conditions attached with previous approval LA10/2021/0894/F are still applicable”.”

“DfI Roads advised on 12 January 2026 that it recommend that “the conditions set out in planning approval LA10/2021/0894/F remain in place”. Following the revision to the description and re-consultation they advised on 07 May that they do not provide an objection. This is considered in the report.”

Officer report

Residents’ views

Three objections cited existing road dangers, extra traffic and uncertainty about completing improvements before homes were occupied, while one representation supported the application.

“Increased Traffic Would Exacerbate Risks Allowing development to begin before improvements are completed would worsen the situation from construction traffic plus movements from 62 new homes would further strain the already inadequate road network. Additional vehicle and pedestrian traffic on a road “not fit for purpose” would create unacceptable risk to life.”

“Lack of Guarantee that Improvements Will Be Delivered The Objectors consider that the necessary road upgrades are expensive and complex, requiring coordination with multiple landowners with potentially competing interests and are therefore not guaranteed to be delivered before homes are occupied.”

Officer report

Who spoke

The agent spoke in support, explaining that starting at the road frontage was more practical and that discussions about the road works were continuing.

Members’ discussion

Members considered limiting the early works to one specified unit at the front of the site and delegated agreement of its precise location to planning officers.

“In response to queries from a Member, the Principal Planning Officer stated that: the current wording of condition one restricted development to excavation and pouring of foundation trenches for one dwelling only, with no provision for additional infrastructure works, however, it was acknowledged that the absence of a specified plot could allow for interpretation in terms of site access and enabling works.”

“A Member proposed approval of the application, as outlined within the report, subject to the amendment of conditions one and four to restrict development to a single unit at the front of the site, with Planning Officers delegated powers to agree with the agent the precise unit. This was seconded by another Member.”

Minutes

The vote

Members unanimously agreed to approve the application with seventeen conditions and the additional restriction on the early works.

“RESOLVED: On the proposal of Councillor Irvine, seconded by Councillor McGrath, and unanimously agreed, that the above application be approved planning permission, subject to the seventeen conditions listed within Paragraph 13.0 of Appendix 1 and subject to the amendment of conditions one and four to restrict development to a single unit at the front of the site, with Planning Officers delegated powers to agree with the agent the precise unit. (”

Minutes