Replacement rural dwelling at 60m south of 36 Killyleagh Road, Crossgar

What was proposed

Outline permission was sought for a replacement dwelling, while retaining the existing structure as an ancillary building.

“Proposed replacement dwelling and retention of existing structure as ancillary building.”

Officer report

The site and surroundings

The site is a roadside garden area outside Crossgar’s development limit, within a rural area of detached homes, agricultural buildings and open fields.

“Date of Site Visit: July 2024 Characteristics of the Site and Area The application site is located on northern side of Killyleagh Road and comprises a cut out of the curtilage associated with No. Killyleagh Road. No. 36 is a bungalow type dwelling, setback approx. 82 from the Killyleagh Road. The red line comprises the front, roadside section of the garden area currently in use with No.”

“The wider area is characterised by detached dwellings of varying design and finishes, with agricultural buildings and open fields, and is rural in character.”

Officer report

Earlier planning history

An extension was approved in 1988, while an application for a single dwelling was refused in 2016.

“Application Number: R/1988/0246 Decision: Permission Granted Decision Date: May 1988 Proposal: Extension to Dwelling…”

“Application Number: LA07/2016/0101/O Decision: Permission Refused Decision Date: October 2016 Proposal: Single Dwelling…”

Officer report

What officers recommended

Refusal was recommended because the existing building did not show the essential characteristics of a dwelling and the rural location was not justified.

“Refusal Reasons for Refusal: The proposal is contrary to the Strategic Planning Policy Statement and to Policy CTY1 of Planning Policy Statement 21, Sustainable Development in the Countryside in that there are no overriding reasons why this development is essential in this rural location and could not be located within a settlement.”

“The proposal is contrary to the Strategic Planning Policy Statement and Policy CTY 3 of Planning Policy Statement 21, Sustainable Development in the Countryside in that building to be replaced does not exhibit the essential characteristics of a dwelling.”

Officer report

Consultation and representations

Roads had no objection in principle subject to conditions, water supported standard conditions, and no neighbour objections or other representations were received.

“March 2024 Date of Press Advertisement: September 2024 EIA Determination: Consultations: • DFI Roads – No objection in principle subject to compliance with the attached RS1 form. (26/09/2024) • NI Water – Approve with standard conditions (27/05/206) • NIEA – refer Council to flowchart. (04/03/2024)”

“Letters of Support 0.0 Letters of Objection 0.0 Petitions 0.0 Signatures 0.0 Number of Petitions of Objection and signatures…”

Officer report

Who spoke

The agent spoke in support, supported by the applicant’s brother, and referred to historical evidence, the building’s condition and residential features.

The vote

A proposal to overturn the recommendation and approve the application was carried unanimously, with nine votes for and none against or abstaining.

“Councillor Reilly proposed to overturn the officer recommendation and grant an approval, stating that he considered the building to retain the characteristics of a traditional rural Irish dwelling from the relevant period.”

“The proposal was seconded by Councillor Larkin, who stated that the building exhibited the essential characteristics of a dwelling house.”

Minutes

The decision

The application was approved contrary to the recommendation, and planning officers were authorised to impose relevant conditions.

“AGREED: On the proposal of Councillor Reilly, seconded by Councillor Larkin it was agreed to issue an approval in respect of planning application LA07/2023/3550/O contrary to officer recommendation as contained in the Case Officer Report.”

“It was also agreed that Planning Officers be delegated authority to impose any relevant conditions.”

Minutes