Farm dwelling and garage at 75m NW of No 4 Upper Ballinran Road, Kilkeel

The site and surroundings

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

“Date of Site Visit: Characteristics of the Site and Area The application site is located within a large agricultural field located off the Upper Ballinran Road. The site itself is located outside any defined settlements as designated within the Banbridge, Newry and Mourne Area Plan (BNMAP) and is defined as open countryside, the application is however located within the Mournes Area of Outstanding Natural Beauty (AONB).”

“The immediate surrounding area is dominated by agricultural activity (fields and buildings) with one off dwellings located in the area also. Figure 1- Site Location Plan…”

Officer report

Earlier applications

Nearby or surrounding land has a history including an approved farm dwelling, a withdrawn farm dwelling application and permissions for agricultural buildings.

“There is no direct planning history on the application site however there is recent planning history for the lands surrounding the application site, including two agricultural sheds directly adjacent the site. These are detailed below:”

“Application Number: P/2009/1442/F Proposal: Erection of farm dwelling and garage Decision: Permission Granted Decision Date: May 2011”

Officer report

Officers’ recommendation

Officers found the farm dwelling tests were met but recommended refusal because the proposal would create ribbon development and harm rural character.

“CTY 8 Ribbon Development Whilst the proposal has been assessed under Policy CTY 10, it is considered that the application also fails to comply with Policy CTY 8 of PPS 21, which states that 'Planning permission will be refused for a building which creates or adds to a ribbon of development.' Having assessed the application site and its surroundings, it is noted that two agricultural buildings are situated immediately adjacent to the application site, both sharing a common…”

“Further support for this position is found in Appeal Decision 2024/A0098, in which the Commissioner noted the presence of buildings adjacent to the appeal site sharing a common road frontage and concluded that a visual linkage between the appeal site and the qualifying buildings would be clearly discernible on the ground. On that basis, the Commissioner determined that permitting the development would add to an existing ribbon of development.”

Officer report

Consultation responses

The consultees raised no objections, with roads offering no objection subject to conditions and the other consultees confirming they were content.

“SUPPORTING DOCUMENTS The application was supported by the following: • Application Form • Site Location Plan • Design and Access Statement • Biodiversity Checklist & Ecological Appraisal • Farm Maps…”

“CONSULTATIONS The following consultations took place: • DAERA- Confirmed farming activity. • DFI Roads- Offered no objection, subject to conditions. • HED- Content, no objection • Environmental Health- Content no objection…”

Officer report

Who spoke

The planning official explained the refusal recommendation, while the agent supported the application and described its farm setting and screening.

Members’ debate

Members discussed the relationship between farm dwelling and ribbon development policies, appeal decisions, alternative sites and consistency with other cases.

“In response to further queries from Councillor Rice, [name withheld] advised that applications involving potential conflict between Policies CTY 8 and CTY 10 were assessed on their individual merits, taking account of site-specific circumstances, including the relationship to the public road and existing development. He stated that there was no blanket approach and that the Planning Department considered the current proposal to constitute ribbon development.”

“Councillor Reilly stated that, given the proposal's compliance with Policy CTY 10 and its relationship to the existing farm sheds, he did not consider it to represent ribbon development and believed it could integrate successfully within the landscape. He also questioned the relevance of the Ballygowan appeal to the current application and asked whether [name withheld] considered that decision to be restricting legitimate farm dwelling development in the Mournes area.”

Minutes

The committee’s decision

Approval was agreed contrary to the officer recommendation, with officers authorised to impose relevant conditions.

“AGREED: On the proposal of Councillor Rice, seconded by Councillor Devlin, it was agreed to issue an approval in respect of planning application LA07/2025/0555/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