Two-storey dwelling at Lands to The rear of 10 Church View Upperlands Road, Swatragh

What was proposed

The application sought a two-storey dwelling on an infill site within the Church View development.

“…development. To the south-west of the proposal site there are two semi-detached dwellings and to the north-east there are a further two sets of semi-detached dwellings. The site is currently used to store additional building supplies for the construction of the other houses in the development. The existing dwellings are built in close proximity to each other and a further dwelling would not create a detrimental loss of light.”

Officer report

The site and surroundings

The site lies outside Swatragh in the countryside, within a housing development under construction and surrounded by residential dwellings.

“The access is off the Upperlands Road before leading to Church Way and then Church Drive. The site is small in size and currently enclosed by wooden fencing to each of the boundaries with a metal fence facing onto Church Drive. The surrounding area is made up of residential dwellings. Description of Proposal Proposed Two storey dwelling house on Infill site within Church View development.”

Officer report

Earlier housing approvals

Earlier approvals provided 14 social and affordable dwellings, while other applications concerned housing development and changes to the Church View scheme.

“ANNEX Date Valid8 October 2025 Date First Advertised 21 October 2025 Date Last Advertised21 October 2025 Details of Neighbour Notification (all addresses) The Owner / Occupier 8 Church Way Swatragh Londonderry BT46 5UL The Owner / Occupier 9 Church Way Swatragh Londonderry BT46 5UL The Owner / Occupier 10 Church Way Swatragh BT46 5UL The Owner / Occupier 1 Church Drive Swatragh Londonderry BT46 5GT The Owner / Occupier 3 Church…”

“Ref: LA09/2025/1048/F Proposals: Two storey dwelling house on Infill site within Church View development Decision: Decision Date: Ref: H/2009/0504/O Proposals: Proposed site of new housing development with access via Upperlands Road. (Amended P1 form received with the address and description amended and amended site layout received).”

Officer report

Why officers advised refusal

Officers found the proposal failed the countryside policies on substantial built-up frontage and social or affordable housing.

“In light of this, the draft Plan Strategy does not yet carry determining weight. Magherafelt Area Plan 2015 The site lies within the countryside and outside any designated settlement limits as defined within the Magherafelt Area Plan 2015. The site is approximately 39 metres to the south of the development limits of Swatragh. Planning Policy Statement 21 Development in the countryside is controlled under the provisions of PPS 21 Sustainable Development in the countryside.”

“CTY 5 – Social and Affordable Housing The other dwellings within the Church Drive development were approved under LA09/2018/0573/O and LA09/2022/1050/RM under policy CTY 5 – Social and Affordable housing. The agent was asked for clarity on how the dwellings within the above approval could be considered affordable housing as 4 units had been seen for sale on an estate agent’s website at an asking price of £194,950.”

Officer report

Who spoke

The agent addressed the committee and asked for approval, arguing that the site was an infill gap between existing developments.

The committee’s decision

The committee approved the application subject to conditions delegated to officers, overturning the recommendation for refusal.

“Resolved That planning application LA09/2025/1048/F be approved subject to conditions as delegated to officers.”

“Councillor Varsani stated there have been many discussions over the years in terms of facilities such as how Council provide services, scarcity of water infrastructure into new developments and putting electricity infrastructure in place and that for those practical issues she felt these added to the strength of overturning the officer recommendation in this case and should be added to the rationale.”

Minutes