Dwelling and garage at Between 4 Derrygally Way & 15A Derrygally Road, Dungannon

What was proposed

The application sought outline permission for a domestic dwelling and garage between two existing addresses.

“Description of Proposal Outline application for Domestic Dwelling & Garage Planning Assessment of Policy and Other Material Considerations Policy Consideration Section 45(1) of the Planning Act (NI) 2011 requires the Council, in dealing with an application, to have regard to the local development plan (LDP), so far as material to the application, and to any other material considerations.”

Officer report

Site and surroundings

The site is a roadside agricultural field outside settlement limits, beside a bungalow and garage and about 120 metres from a farm grouping.

“Photograph 1 – google streetview image of the site with No. 4 to the left and farm grouping to the right The site is located within the rural area approximately 2.5km north-east of the Moy along Derrygally Way and is outwith any settlement limits as set down in the Dungannon and South Tyrone Area Plan 2010. The site is a 0.97ha portion of a roadside agricultural field…”

“…located adjacent to a bungalow and garage (No. Derrygally Way). The farm grouping associated with the application site comprising 2 no. dwellings and a number of associated farm buildings lies approximately 120m to the north-east of the site, accessed from Derrygally Road to the north.”

Officer report

Officers’ recommendation

Officers recommended refusal because the proposal failed countryside policies on farm dwellings, integration, rural character and settlement location.

“Furthermore, an approximate 35m section of this boundary is fence line and not hedgerow. A biodiversity checklist and accompanying ecological statement has been provided as the proposal involves development in a rural location on a site greater than 0.5ha in area and has determined that the proposed development does not directly impact on any protected sites, habitats or species.”

“From assessment of the Rivers Agency Strategic Flood Hazards and Flood Risks Map I have no flooding concerns. I hold the view that as the proposal is not visually linked or sited to cluster with an established group of buildings on the farm it fails under criterion (c) of CTY 10. As it fails to meet CTY 10 of PPS 21, it also fails to meet CTY 1 of PPS 21.”

Officer report

Who spoke

The planning officer presented the refusal recommendation, and the agent argued that policy requirements and visual linkage were satisfied.

Members’ debate

Members debated visual linkage, ribbon development and whether separation from the farm provided a safe and policy-based exception.

“The HLP stated that whilst there is visual linkage there is also a ribbon of development. The HLP stated that a new dwelling has to meet policy tests and whether, in this case, the proposed siting is visually linked to the group of buildings on the farm. The HLP stated that from the photograph it is clear that the existing bungalow has road frontage and will create a ribbon of development.”

“The HLP stated that in terms of health and safety, demonstrable reasons have not been set out and that officers would not be directing that a new dwelling on the farm would be within the farm yard, it is on the periphery of the farm yard that it would be visually linked with the group of buildings on the farm.”

Minutes

Committee decision

The committee approved the application subject to conditions delegated to officers.

“Councillor Molloy stated that he knew the area and agreed that the site is the least worst option in this case and that he would be supportive of the application.”

“Resolved That planning application LA09/2025/0429/O be approved subject to conditions as delegated to officers.”

Minutes