Agricultural machinery shed at 22 Killary Lane, Stewartstown

The site and surroundings

The site was a small rural parcel beside an existing dwelling, outside settlement limits, with nearby homes, outbuildings and agricultural sheds.

“Photograph 1 – view of site from public road The site is located within the rural area approximately 0.5km north-east of Clonoe along…”

“Killary Lane. The site is outwith any settlement limits as set down in the Dungannon and South Tyrone Area Plan 2010. The site is a 0.06ha irregularly shaped parcel of land, located to the front and side of an existing dwelling house. The northern, western and southern boundaries are undefined on the ground. A hedgerow defines the eastern boundary of the site.”

Officer report

Earlier applications

Earlier permissions included replacement dwelling, extensions, a domestic garage and store, a wind turbine, and other changes to the existing property.

“Relevant history Ref: M/1998/0867 Proposals: Proposed Replacement Dwelling Decision: PG Decision Date: Ref: M/2008/1102/F Proposals: Proposed single storey extension to dwelling and proposed domestic garage/store and erection of 15m high wind turbine Decision: PG Decision Date: 16-MAR-09 Ref: M/2009/0458/F Proposals: Alterations to approved proposed single storey extension to dwelling and proposed domestic garage/store which include:gable window, existing house to be Page…”

“…finished in stone and relocation of wind turbine and type Decision: PG Decision Date: 24-AUG-09 Ref: M/2014/0319/F Proposals: Proposed single storey extension to connect existing dwelling and garage forming an external courtyard Decision: PG Decision Date: 30-JUL-14.”

Officer report

Why refusal was recommended

Officers found the agricultural need, scale, landscape integration and effects on nearby residential amenity had not been satisfactorily demonstrated.

“Planning Policy Statement 21 - Sustainable Development in the Countryside CTY 1 states that planning permission will be granted for non-residential development in the countryside, in this case where it is shown to be necessary for agricultural and forestry development in accordance with Policy CTY 12.”

“I do not consider a building of this scale and character is appropriate to the front of an existing dwelling, adjacent to a third party property and the proposal fails to meet criterion (b). (c)it visually integrates into the local landscape and additional landscaping is provided as necessary; The site does not possess any mature vegetation in order to give it a sense of enclosure to aid integration, and there will be critical views when travelling in both directions along…”

Officer report

Consultation responses

DFI Roads had no objections, while Environmental Health identified likely machinery noise impacts because a dwelling was 10 to 20 metres away.

“The SPPS introduced in September 2015 is a material consideration in determining this application. The SPPS states that a transitional period will operate until such times as a Plan Strategy for the whole of the council area has been adopted. During the transitional period planning authorities will apply existing policy contained within identified policy documents together with the SPPS.”

“MUDC Environmental Health Department have reviewed the submitted documents on the planning portal and advise that the proposed development site is situated in a rural area, within 10-20m of a 3rd party residential dwelling. They state that inevitably there will be impacts from noise on this dwelling due to farm machinery engine noise, clangs and bangs associated with farm machinery manoeuvres at the proposed site.”

Officer report

Who spoke

A planning officer presented the application and advised the committee that refusal was recommended.

Committee discussion

The Head of Local Planning highlighted the absence of a business identification number and evidence of farming.

“The HLP stated that one of the key things in this application and what is required under policy CTY10 is the need for a business id number. The HLP stated that officers have not been advised of a business id number nor is there any evidence of farming.”

Minutes

Committee reasons

The committee refused the application on the grounds stated in the officer’s report.

“Resolved That planning application LA09/2025/0271/O be refused on grounds stated in the officer’s report.”

Minutes