Farm dwelling at Approx 130m NE of 6 Ballydrumman Road Derryneill, Ballyward

The site and surroundings

The site was in an agricultural field beside existing farm buildings, outside settlement limits and within the Mourne Area of Outstanding Natural Beauty.

“The site in question is located off an existing lane that serves a dwelling house and agricultural buildings and farmlands off the Ballydrumman Road. The site is within a portion of an agricultural field of undulating topography and that is bounded to the east with an agricultural field gate and stone out building and to the south with field boundary planting with the remaining boundaries not being defined.”

“The site is not located within any settlement development limits as defined in the Banbridge, Newry and Mourne Area Plan 2015. The site within the Mourne Area of Outstanding Natural Beauty and also lies within an area of land identified as the Mourne…”

Officer report

Why officers recommended refusal

Officers found the site was not currently part of the application farm business and the applicant had no formal association with it.

“Clarification was sought in relation to the DAERA response and the applicant has indicated that the field the application sited within has been let in conacre thus the DAERA response. The applicant advises that the site will be brought back into the farm business but the 2025/2026 claim period for the existing farm business excludes this field.”

“DAERA also note that the applicant is not a formal member of the farm business as registered with DAERA, again the applicant provided explanation that the farm business remains in the name of his father and sister who currently farm the land while he owns the land, it remains the fact that the applicant has no formal association with the farm business.”

Officer report

Consultation responses

NI Water, DFI Roads, DFI Rivers and Environmental Health raised no objections subject to the stated requirements, and flood risk was not identified as a barrier.

“DFI Roads was consulted and responded with no objections subject to conditions.”

“It is also noted that the Rivers Directorate advises that on the most up to date modelling the flood maps indicate that the site does not lie within the 1 in 100 year climate change fluvial flood plain and/or the 1 in 200 year climate change coastal flood plain.”

Officer report

Public representations

The application received no objections, letters of support, petitions or signatures.

“Representations: The application was advertised in the local press and neighbours notified as detailed above and to date there have been no objections received in relation to the application. Letters of Support 0 Letters of Objection 0 Petitions 0 Signatures 0 Number of Petitions of Objection and signatures…”

Officer report

Who spoke

The agent spoke in support, saying the applicant owned the land, had family farming connections and had recently joined the farm business.

Members’ debate

Members questioned the applicant’s recent registration, land ownership, conacre arrangements and evidence of active farming under the relevant business.

“[name withheld] advised that entitlement to a farm dwelling under CTY10 required evidence of active farming by the applicant for the requisite six-year period. She stated that no such evidence had been provided, that the land was not on the applicant’s farm map, and that DAERA had confirmed it was being farmed by another business.”

“Councillor McAteer asked whether planning policy recognised that farmers often rented out fields. [name withheld] stated that the applicant must demonstrate active farming of the land under the business ID used for the application, and that no such evidence had been provided. She noted that the land was being claimed and farmed by another business and that the applicant was not a registered member of the farm business under which the application had been made.”

Minutes

The committee’s decision

The committee approved the application, considering it exceptional and compliant with relevant policies including CTY1 and PPS21, although not CTY10.

“Councillor Hanna proposed overturning the recommendation and approving the application, stating that he considered the case to be an exceptional circumstance and believed it complied with all relevant policies, including CTY1 and PPS21, although not CTY10.”

“Councillor McAteer seconded the proposal, noting that DAERA had confirmed the farm business on which the application was made was active, established for six years, and that the field in question was owned by that business.”

Minutes

Conditions

Planning officers were authorised to impose any relevant conditions.

“AGREED: On the proposal of Councillor Hanna, seconded by Councillor McAteer, it was agreed to issue an approval in respect of planning application LA07/2024/0969/O”

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

Minutes