Two-storey dwelling and garage at Land immediately East of 103D Ballagh Road, Fivemiletown

“The site is a 0.75ha parcel of ground located on the Ballagh Road approximately on Killary Lane off the Mountjoy Road and lies approximately 2.5km east of Fivemiletown. The site is located within the rural countryside, outside any defined settlement limit as identified in the Dungannon and South Tyrone Area Plan 2010. The site outlined in red is an irregularly shaped parcel of land to the north of the existing A4 road between Clogher and Fivemiletown.”

“There is a dwelling currently under construction (almost at roof level at the time of site inspection) to the immediate west of the site.”

“This application was before the Planning Committee in June 2024 where it was deferred for a member’s site visit. It was further considered at the Planning Committee in January 2025 where the committee were provided with a late objection from the residents of 103 and 109 Ballagh Rd Fivemiletown dated 27 th December 2024.”

“Members were advised orally at the previous committee that anyone can submit a planning application on land provided they notify the land owner and properly complete the landownership declaration. The incorrect completion of the land ownership certificate does not render an application invalid. The Council, if it is brought to its attention during the processing of an application that a certificate is incorrectly completed, will allow the opportunity to rectify this.”

“As has already been concluded in the previous report to Committee, the proposed development meets with the published planning policies, as such is acceptable and is recommended for approval.”

“Should any unforeseen ground contamination be encountered during the development, all works on the site should immediately cease. The Planning and Environmental Health Department of Mid Ulster District Council shall be informed and a full written risk assessment in line with current government guidance (Land Contamination Risk Management – LCRM) that details the nature of the risks and any necessary mitigation measures shall be prepared and submitted for appraisal and…”

“Summary of Consultee Responses: DFI Roads - access to be provided with sight lines of 2.0m x 55.0m and 2,0m x 50,0m, no concerns with turn off Ballagh Road. SES – informal response, no viable pollution pathway to European site identified EHO – potential historical uses that could result in contamination, conditions to be attached to carry out investigations should contamination be discovered…”

“Councillor Robinson referred to report and lands being in ownership of someone else.”

“[name withheld] stated that section of the report refers back to the previous planning applications on another property and does not relate to the application under consideration.”

“Members considered previously circulated report on planning application LA09/2023/1074/F which had a recommendation for approval.”

“Resolved That planning application LA09/2023/1074/F be approved subject to conditions as per the officer’s report.”