Removal of landscaping condition at 5 Greenvale, Cookstown

Summary of planning committee decision

Decided by Mid Ulster Planning on 6 Jan 2026.

LA09/2024/1527/FApproved

The site and surroundings

The site contains a replacement dwelling, parking and amenity space, with a grassed laneway behind it connecting two roads.

“Officers have also carried out a land registry search and other checks. Following this course of events, the application is brought forward to Committee for a third time with a recommendation to approve. Summary of Consultee Responses: No new or additional consultations were issued to inform this deferred recommendation Characteristics of the Site and Area The application site is located at No.”

“The red-lined site boundary encompasses a grassed laneway (the subject of this application) which runs to the rear of the dwelling, connecting Drumvale Avenue to Westland Road. The area around the site is predominately residential and there are two hotels, the Greenvale and the Glenavon, within the vicinity of the application site.”

Officer report

Evidence about access rights

The objector claimed rights supported by solicitor correspondence and historic documents, while the applicant’s solicitor disputed any right of way.

“In order for the condition to be justifiable, it would need to be established that such a right of way actually exists. The evidence which has been presented, or is available, to allow officers to consider this is as follows. The objector asserts that he has prescriptive rights over this piece of land in order to maintain his sewers and retaining wall.”

Officer report

Who spoke

Councillor Johnston declared a previous interest, sought permission to speak, and explained her concerns about the application.

The committee vote

Councillor Bell proposed approval and Councillor Clarke seconded the proposal.

“Councillor Bell advised that this application has been given a fair wind and was happy to propose the recommendation.”

Minutes

The decision

The committee approved the application subject to the conditions in the officer’s report.

“Resolved That planning application LA09/2024/1527/F be approved subject to conditions as per the officer’s report.”

Minutes

The members' reasons

“The member felt that the Council was still not 100% sure whether it exists or not and does state that “it does appear at best it does appear that there is at best, a degree of uncertainty over whether the right of way exists”.”

Minutes

Source: the council's minutes, quoted word for word.

Sources

  • Mid Ulster Planning minutes, 6 January 2026
  • Agenda and papers (council website)

Source: Plota analysis of Mid Ulster's committee minutes and officer report. Quotations are the council's own words; headings and summaries are Plota's.

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At the meeting

Council
Mid Ulster
Date
Tuesday 6 January 2026
Recommendation
Officers recommended approval
Committee decided
Approved
Minutes
The council's minutes
Meeting
Agenda and papers (council website)
Application
The application (council website)

This committee's year

120 decisions in the 12 months to this meeting, 8 against officer advice.

Source: Plota analysis of the committee's minutes.

Every decision by this council's committees →