Farm dwelling and garage at Opposite and 42m South West of 41 Ballycoshone Road, Cabra

What was proposed

The application sought permission for a farm dwelling and garage.

“April 2025 Date of Press Advertisement: November 2024 EIA Determination: Consultations: • NIEA- Refer to standing advice. • DAERA- Confirmed the farm business has been established more than 6 years, has claimed through the Basic Payment Scheme or Agri Environment Scheme in each of the last 6 years and the application site is land which is currently claimed. • NI Water- Approval • DFI Roads- No objections in principle.”

Officer report

The site and surroundings

The site was part of an agricultural field outside settlement limits, with rising ground and limited boundary definition.

“Characteristics of the Site and Area The application site comprises part of a larger agricultural field with levels rising from the roadside towards rear of the site. The roadside boundary consists of wire and post fencing with some scattered hedgerow. The southern boundary adjoins the access leading to No 40 which is not associated with the farm business. The western and northern boundaries are undefined. The application site is located outside any defined settlement limits.”

Officer report

Earlier planning history

An earlier farm dwelling application was refused, while later applications for biomass-related farm buildings were refused and approved.

“LA07/2016/0346/O- Proposed erection of detached farm dwelling. Permission Refused 06 July 2016. Reasons of refusal: • The proposal is contrary to Policy CTY13 of Planning Policy Statement 21, Sustainable Development in the Countryside, in that the proposed site lacks long established natural boundaries and is unable to provide a suitable degree of enclosure for the building to integrate into the landscape.”

“LA07/2019/0744/LDE- Erection of a boiler house and silo for a wood pellet boiler. Permission Refused 01 October 2019.”

Officer report

What officers recommended

Officers recommended refusal because the dwelling would not visually link or cluster with established farm buildings on the holding.

“The proposal will be assessed against the information and amended plans submitted to date. Policy CTY 10 states planning permission will be granted for a dwelling house on a farm where all of the following criteria can be met: a) “the farm business is currently active and has been established for at least 6 years; b) no dwellings or development opportunities out-with settlement limits have been sold off from the farm holding within 10 years of the date of the application.”

Officer report

The main planning issue

Officers found that the proposed dwelling was about 90 metres from poultry units and that no alternative farm sites had been ruled out.

“The farm is registered to 7 Ballyweely Road and submitted farm maps indicated 62.7ha of lands form part of the farm holding. No information has been submitted to detail why the proposal is unable to be sited with any other buildings on alternative sites elsewhere on the farm.”

Officer report

Consultation responses

Consultees raised no objection in principle, with Environmental Health considering the dwelling’s distance from poultry sheds and requiring consent to discharge approval.

“02/12/2025- The Agent submitted an Odour Impact Assessment and as such the Planning Department issued another consultation to Env Health. Environmental Health have reviewed the information and notes the proposed farm dwelling is situated over 75m from poultry sheds which are associated with the applicant. The Environmental Health Department has no objection in principle to the above proposed development subject to consent to discharge approval.”

Officer report

Public representations

No letters of support, objections, petitions or signatures were submitted.

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

“Summary of Issues: No objections or representations have been submitted.”

Officer report

Who spoke

The agent and a supporting speaker argued that odour evidence justified an alternative site away from poultry sheds.

The vote

Members voted unanimously to overturn the officer’s recommendation, with six votes for, none against and no abstentions.

“Councillor Rice proposed to overturn the officer’s recommendation to an approval, stating that he believed an exceptional case had been demonstrated under CTY10(C), supported by an independent report, and that CTY10 was therefore satisfied. He stated that CTY13 no longer stood as a refusal reason.”

“The proposal was put to a vote by way of a show of hands and voting was as follows:”

Minutes