Detached dwelling and garage at 96A Ruskey Road, Loup, Magherafelt

“LA09/2025/0811/F ACKN Development Management Officer Report Committee Application Summary Committee Meeting Date: May 2026 Item Number: Application ID: LA09/2025/0811/F Target Date: November 2025 Proposal: Erection of detached dwelling and garage and all associated site works. (change of house type in substitution for I/2007/0326/RM) Location: 96A Ruskey Road, Loup, Magherafelt…”

“…hedging and trees beyond. There are a further two reasonably sized sheds to the south and southeast beyond the site confines, with an old (Maersk) shipping container located within the site boundary.”

“In this case, there are three key questions whereby the onus is on the applicant to demonstrate lawful commencement of development, before any proposed change of house design can be assessed. Is there sufficient evidence before Council that the two pre-commencement conditions (2 and 3) of I/2007/0326/RM were implemented prior to the commencement of any works or other development hereby permitted? No. 2.”

“…vicinity, the rural character of the area will not be adversely affected by this proposal. PPS 3, Access, Movement and Parking. Policy AMP 2 relates to access onto a public road, which states that: Planning permission will only be granted for a development proposal involving direct access, or the intensification of the use of an existing access, onto a public road where: (a) Such access will not prejudice road safety or…”

“…compliance, and with respect to the pre-commencement conditions, there is no evidence before Council that demonstrates compliance with said conditions. Within a statement from the Agent on the 19 th of January 2026, it reads: ‘However, we would point out that the excavation and pouring of foundations constitutes a material operation for the purposes of lawful commencement.”

“This is further affirmed by the Planning Appeals Commission, under 2023/L0006; while excavating the foundations may mark the shape of the building, the work of construction would not begin until concrete is placed in the trench; and appeal 2024/L0011 when the Commissioner stated the act of digging trenches is not necessarily linked with the projected works involving the pouring of concrete as the latter may never take place or there could be a significant period of…”

“LA09/2025/0811/F Detached dwelling and garage and all associated site works (change of house type for I/2007/0326/RM) at 96A Ruskey Road, Loup, Magherafelt for [name withheld]…”

“Agreed that application be deferred for an office meeting earlier in meeting.”