A Minutes of Meeting of Planning Committee of Mid Ulster District Council held on Tuesday 4 October 2016 in Council Offices, Ballyronan Road, Magherafelt

Members Present Councillor Clarke, Chair

Councillors Bateson, Cuthbertson, Gildernew, Glasgow, Kearney, Mallaghan, McAleer, McEldowney, McKinney, Mullen (7.04 pm), Reid, Robinson, J Shiels

Officers in Dr Boomer, Planning Manager Mr Bowman, Head of Development Management Mr Marrion, Senior Planning Officer Ms McCullagh, Senior Planning Officer Ms McNally, Solicitor Miss Thompson, Committee Services Officer

Others in Applicant Speakers Attendance LA09/2015/0512/F Mr Francey LA09/2016/0598/O Ms Gourley LA09/2016/0828/F Mr Hurrell

The meeting commenced at 7.03 pm

P160/16 Apologies

Councillors Bell and McPeake.

P161/16 Declarations of Interest

The Chair reminded members of their responsibility with regard to declarations of interest.

Councillor Kearney declared an interest in application LA09/2016/0164/F.

P162/16 Chair’s Business

Councillor Mullen entered the meeting at 7.04 pm.

The Chair advised that the Planning Manager could provide performance statistics for the period 1 April to 30 June 2016.

The Planning Manager advised that Mid Ulster Council still continued to receive the highest number of planning applications with 365 being received between April and June, approval rates were still high at 95.7%.

The Planning Manager stated that targets were being met in relation to local applications, however there was room for improvement in relation to meeting targets for major applications, it was advised that poor performance in this regard could be

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attributed to the number of inherited cases still to be worked through and a number of officers on long term sick leave. The Planning Manger advised that officers were looking at proposals for speeding up the process in relation to major applications.

In relation to enforcement cases the Planning Manager advised that Mid Ulster Council received the lowest number of enforcement complaints compared with other authorities. It was stated that performance in relation to enforcement was within targets however it was advised that the key priority was to resolve these type of cases properly.

The Planning Manager advised that the number of legacy applications had been reduced to 68.

Councillor Reid wanted to wish a speedy recovery to the employees on long term sick leave and asked if additional help could be brought in to ease the pressure on officers.

The Planning Manager advised that there was opportunity for temporary officers to be put in place at this time.

Councillor Reid stated there was a commitment to the public to work through applications as quickly as possible.

P163/16 Confirm Minutes of the Planning Committee Meeting held on Tuesday 6 September 2016

Councillor McAleer asked that her comment in relation to application LA09/2015/1287/F be amended to read –

Councillor McAleer said that living conditions wasn’t viably feasible due to dampness and that she was aware of other houses being left in a similar condition eventually creating long term problems, but that there was a need for enhancing and saving the character of the village

Proposed by Councillor McAleer Seconded by Councillor Mallaghan and

Resolved That the minutes of the meeting of the Planning Committee held on Tuesday 6 September 2016, (P149/16 – P155/16 & P159/16), were considered and, subject to the foregoing, signed as accurate and correct.

Councillor Glasgow asked if there was an update in relation to application LA09/2016/0981/F.

The Planning Manager advised that the Chief Executive had met with Roads Service and that amended plans had recently been received. Further consultation would now take place with TransportNI in relation to the application.

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Matters for Decision

P164/16 Planning Applications for Determination

The Chair drew Members attention to the undernoted planning applications for determination.

I/2012/0293/F Reclamation of former gravel pit/quarry at Brigh Quarry, Brigh Road, Stewartstown for MP Coleman Ltd

Application listed for approval subject to conditions as per the officer’s report.

Proposed by Councillor Mallaghan Seconded by Councillor Reid and

Resolved That planning application I/2012/0293/F be approved subject to conditions as per the officer’s report.

M/2014/0572/O Renewal of residential development (M/2007/0787/O), maximum of 210 units, with access onto Greers Road and Quarry Lane, Dungannon, 15m NE of 67a Donaghmore Road, Dungannon for Michael Herron Architects

Application listed for approval subject to conditions as per the officer’s report.

Proposed by Councillor Gildernew Seconded by Councillor Reid and

Resolved That planning application M/2014/0572/O be approved subject to conditions as per the officer’s report.

LA09/2015/0391/F Housing development (12 semi and 2 detached houses), estates roads and foul water treatment plant at 92 Roughan Road, Newmills for Firtree Developments (NI) Ltd

Application listed for approval subject to conditions as per the officer’s report.

Proposed by Councillor Reid Seconded by Councillor Robinson and

Resolved That planning application LA09/2015/0391/F be approved subject to conditions as per the officer’s report.

LA09/2015/0512/F Extension to existing service centre for agricultural vehicles and machinery; and new access at 149c Drumbolg Road, Upperlands, Maghera for Andrew Armstrong

The Head of Development Management presented a report on planning application LA09/2015/0512/F advising that it is recommended for refusal.

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The Chair advised the committee that a request to speak on the application had been received and invited Mr Francey to address the committee.

Mr Francey advised that the application was for an extension to the existing shed which was approved in 2012 and stated that that approval established the principle for development. Mr Francey felt that there was an issue with existing policy in that it does not allow for extension of farm diversification applications.

Mr Francey advised that the business had grown and diversified since its inception in 2005. The business had a high turnover and the current proposal would provide extra employment in the area, Mr Francey stated that the applicants business was only one of two recognised centres in Northern Ireland for the servicing of specialist machinery.

Mr Francey confirmed that the applicant had looked in to alternative locations for his business but to no avail and requested that the application be deferred to address issues of concern with planning officers.

The Planning Manager asked Mr Francey if it was his view that the application was not farm diversification but rather industrial development.

Mr Francey advised he had not been the initial agent for this application and was only brought in after the application had been made.

In response to the Planning Manager’s question Mr Francey advised that the applicant would be prepared to review the design of the proposal. The Planning Manager also asked Mr Francey if the applicant would be prepared to cease the sale of car parts to which Mr Francey replied he would need to discuss this matter with his client.

The Planning Manager advised that if revised drawings were submitted the application may then satisfy Policy PED3 requirements.

Councillor J Shiels stated he was not aware that the business was only one of two recognised centres in Northern Ireland. The Councillor advised that the proposal was located in a rural area and would be sited mainly behind the existing shed or house, he did not feel there was any visual difference in this application and other farms with sheds. Councillor J Shiels proposed that the application be deferred for submission of revised drawings.

The Planning Manager asked if the applicant would be prepared to accept that all machinery is held within the proposed shed as part of approval conditions.

Mr Francey confirmed that the proposal will mean everything can be contained within the shed.

The Planning Manager referred to the debate as to whether the proposal was for a separate shed or extension of existing shed.

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Mr Francey advised that the design of the proposal will confirm that the application is for an extension of the existing shed.

Councillor McKinney did not feel the proposal would be suited to an urban location and should be sited in a rural area. Councillor McKinney seconded Councillor Shiel’s proposal.

Resolved That planning application LA09/2015/0512/F be deferred for submission of revised drawings.

LA09/2015/0549/F Shed extension to supercede previously approved H/2012/0168/F at 23 Ballymacombs Road, Portglenone for Peter Donnelly

The Head of Development Management presented a report on planning application LA09/2015/0549/F advising that it is recommended for refusal.

Councillor Kearney advised that his land marches the application site, he stated that the applicant was a friend of his but that he had not been approached by the applicant for representation. Councillor Kearney advised that the application site was an extremely busy industrial park and expressed his concern that there was no representation being made tonight, the Councillor asked what would happen next.

Councillor Bateson asked if there was any explanation as to why the area at the back of the site could not be utilised.

Councillor Gildernew asked if there was a reason as to why there was no representation regarding this application at the meeting.

Councillor Cuthbertson stated that perhaps the applicant was no longer interested in progressing the application.

The Planning Manager referred to previous applications and appeals associated to this site and advised that whilst it was accepted that a further two units could be accommodated within the industrial park they should not be at the scale proposed. The Planning Manager advised that the main issue regarding this application is visual intrusion and stated that Members may benefit from a site meeting.

Proposed by Councillor Gildernew Seconded by Councillor Glasgow and

Resolved That planning application LA09/2015/0549/F be deferred for site meeting.

LA09/2016/0102/O Site for infill dwelling and domestic garage at 60m NE of 36 Drummuck Road, Maghera for Ciaran O’Hagan

As per addendum circulated at meeting it was advised that this application had been withdrawn by the agent.

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LA09/2016/0540/F Replacement dwelling plus retention, renovation and extension of existing listed building to provide single unit of accommodation at 89 Tirkane Road, Maghera for Declan McKenna

The Head of Development Management presented a report on planning application LA09/2016/0540/F advising that it is recommended for refusal.

Councillor McEldowney advised that she had spoken with the agent for the application and that a deferral had been requested.

Councillor McEldowney declared an interest in this application.

Councillor Mallaghan advised he had seen an example of the proposal carried out on a house between Donaghmore and Pomeroy (Old Kerrib School) and suggested that Members visit this site.

Councillor J Shiels felt that if the proposal was completed to a good standard it would be suitable in the area. Councillor Shiels proposed that the application be deferred for an office meeting.

Councillor Mallaghan seconded Councillor Shiel’s proposal.

Resolved That planning application LA09/2016/0540/F be deferred for an office meeting.

LA09/2016/0544/O Dwelling and garage 29m S of 6 Annaghmore Road, Cookstown for Sean Quinn

Ms McCullagh (SPO) presented a report on planning application LA09/2016/0544/O advising that it is recommended for refusal.

Proposed by Councillor Mallaghan Seconded by Councillor Bateson and

Resolved That planning application LA09/2016/0544/O be refused on grounds stated in the officer’s report.

LA09/2016/0556/F Dwelling and garage (renewal of H/2011/0183/F) at rear of 3 Loughinsholin Park, Castledawson for Mark and Catherine Cooke

Application listed for approval subject to conditions as per the officer’s report.

Proposed by Councillor McKinney Seconded by Councillor Robinson and

Resolved That planning application LA09/2016/0556/F be approved subject to conditions as per the officer’s report.

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LA09/2016/0581/F Variation of condition 11 of planning approval I/1977/0071/F – retention of scrap associated with and to be reused in the maintenance of existing mineral development plant and quarry at site 230m W of 29 Crancussy Road, Cookstown for Core Aggregates

Ms McCullagh (SPO) presented a report on planning application LA09/2016/0581/F advising that it is recommended for approval. Ms McCullagh also drew attention to the addendum circulated which provided the following information which was omitted from the officer’s report under policy assessment –

The Department of the Environment has published its Strategic Planning Policy Statement for Northern Ireland (SPPS): Planning for Sustainable Development. This policy is a consolidation of some twenty separate policies however the policy provisions of ‘A Planning Strategy for Rural NI – Policies MIN1-MIN8’ are retained until such time as the Mid Ulster Council adopt a Plan Strategy for the Council area. There is no conflict between the policy on Minerals in SPPS and the retained policies.

Proposed by Councillor Glasgow Seconded by Councillor Gildernew and

Resolved That planning application LA09/2016/0581/F be approved subject to conditions as per the officer’s report.

LA09/2016/0593/LBC Replacement dwelling plus retention, renovation and extension of existing listed building to provide single unit of accommodation at 89 Tirkane Road, Maghera for Declan McKenna

Application listed for refusal on grounds stated in the officer’s report.

Proposed by Councillor J Shiels Seconded by Councillor Mallaghan and

Resolved That planning application LA09/2016/0593/LBC be deferred for an office meeting.

LA09/2016/0598/O Off-site replacement dwelling SW of and adjacent to 73 Derryvale Road, Coalisland for Dominic Halligan

Ms McCullagh (SPO) presented a report on planning application LA09/2016/0598/O advising that it is recommended for refusal.

The Chair advised the committee that a request to speak on the application had been received and invited Ms Gourley to address the committee.

Ms Gourley advised that the building to be replaced had all four walls intact, the building also had a concrete floor and a red brick chimney breast and hearth. Ms Gourley advised that a fireplace would not have been commonplace in a byre in

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years gone by for the purpose of keeping animals warm, such a fireplace would only have been constructed if the building was to be used as living quarters. Ms Gourley also went on to advise of written statements from two elderly locals who confirmed that the property was lived in by a farm worker in previous years.

Ms Gourley advised that Council had not disputed the statements of locals and had not presented any evidence to establish any previous non residential use of the building. Ms Gourley felt that the local statements and pictures submitted prove there was little doubt that the building had a previous residential use.

Ms Gourley referred to statement by Minister Attwood which used a building that was not as intact as the one in this proposal as an example of good practice. Ms Gourley advised that the proposal was in the spirit of PPS21 and that like will be replaced with like. Ms Gourley concluded that the proposal will provide a home for a rural dweller.

Councillor Cuthbertson felt that the photographs demonstrated that there was no doubt that the building would have been a used living accommodation at some stage. The Councillor also stated that by looking after the building over the years the applicant may now be being treated unfairly. Councillor Cuthbertson proposed the approval of the application.

Councillor Gildernew concurred with the comments of Councillor Cuthbertson and stated that the photographs show the fireplace had been well used in the past.

In reference to house numbering Councillor Gildernew advised that numbering only took place in past years and that the building demonstrates the way living accommodation would have looked in the past. Councillor Gildernew seconded Councillor Cuthbertson’s proposal to approve the proposal.

Councillor Mallaghan felt that the pictures and submissions made clearly indicated that someone lived in the building in the past and stated that the committee had approved other applications in the past that were not as clear cut.

Councillor McAleer also referred to previous applications that were not as clear, the Councillor felt that consideration also needed to be given to the written submissions of locals.

The Planning Manager urged some caution and felt that a more sensible approach would be to suggest that the current building be converted to a dwelling.

Ms Gourley advised that her client would have some concerns regarding conversion on a working farmyard and that it would give no opportunity for expansion in the future.

Councillor Gildernew felt that conversion would only mean added expense for the applicant when the application would be approved anyway.

The Council Solicitor advised that it was important to concentrate on the policy requirement and it would be prudent to note the “essential characteristics” of the

8 – Planning Committee (04.10.16) dwelling being relied upon and also the information presented if a decision was taken that the application does satisfy Policy CTY3.

The Planning Manager advised that in his view it was reasonable for Council to take into account the following matters:- • The building may have been used as a dwelling and was sufficiently substantial in size with all four walls intact • If the proposal was for a conversion to a dwelling then in provincial this would be acceptable • The policy can facilitate the replacement of a non-residential building in an offsite location if there are environmental benefits • Providing a better environment than within the farm yard could provide environmental justification for an off-site replacement

In light of the above Members could conclude that although policy compliance could be challenged it was reasonable to consider that the proposal was in the spirit of the policy and to give the applicant the benefit of doubt.

On the basis of Councillor Cuthbertson’s proposal to approve the application which was seconded by Councillor Gildernew it was agreed that planning application LA09/2016/0598/O be approved.

In relation to attaching conditions to the approval it was -

Proposed by Councillor Mallaghan Seconded by Councillor J Shiels and

Resolved That planning application LA09/2016/0598/O be approved subject to conditions, which the Committee resolved to delegate to the Planning Manager.

LA09/2016/0771/F Extension and alterations to existing commercial premises to create rear single storey entrance lobby, additional shop floor and storage area at 17-19 Main Street, Bellaghy for Hugh Graham

Application listed for approval subject to conditions as per the officer’s report.

Proposed by Councillor Kearney Seconded by Councillor McKinney and

Resolved That planning application LA09/2016/0771/F be approved subject to conditions as per the officer’s report.

LA09/2016/0787/A Hotel signage adjacent to the junction of Tullylagan Road and the A29 for Mr A Martin

Ms McCullagh (SPO) presented a report on planning application LA09/2016/0787/A advising that it is recommended for refusal.

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Councillor Mallaghan proposed the refusal of the application stating that the applicant would be entitled to brown signage and that if approved it would leave Council in a difficult situation going forward.

Councillor Glasgow did not feel the signage would be a distraction to road users as it would not be illuminated, the Councillor felt that the proposal would blend in to local surroundings.

Councillor Gildernew advised that if the signage is placed on lands belonging to TransportNI then they are free to remove the signage if erected. Councillor Gildernew seconded the proposal to refuse the application.

Ms McCullagh clarified that there would be static lighting of the signage.

Councillor Reid suggested that the application be deferred for one month to look at alternative locations for the signage. The Councillor stated that most hotels had signage and he did not feel there would be any distraction caused by the application.

The Planning Manager stated he was not comfortable with overriding concerns raised by TransportNI in relation to road safety, he advised that should the applicant appeal a decision to refuse it would be up to TransportNI to justify their concerns. The Planning Manager also felt that the committee needed to be careful going forward with regard to visual amenity and that consideration should also be given to land ownership issues.

Councillor Reid felt that TransportNI did not always get things right and that the proposal could still be accommodated.

Councillor Robinson stated he believed that there already was brown signage for this hotel.

The Council Solicitor advised that land ownership issues were not a material consideration in this application. In relation to road safety issues, Members can take a view on that, however, in the absence of any evidence or information to the contrary of what TransportNI were saying, they need to base such alternative views on evidence.

Councillor Mallaghan felt that brown signage creates uniformity and that other hotels could make a similar argument for signage as like this proposal.

Members voted on Councillor Mallaghan’s proposal to refuse the application as follows –

For – 7 Against - 0

Resolved That planning application LA09/2016/0787/A be refused on grounds stated in the officer’s report.

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LA09/2016/0816/O Site for dwelling and domestic garage at 30m SSE of 68 Moneyhaw Road, Drumullan, Moneymore for Daniel McCloy

Ms McCullagh (SPO) presented a report on planning application LA09/2016/0816/O advising that it is recommended for refusal.

Proposed by Councillor Mallaghan Seconded by Councillor Kearney and

Resolved That planning application LA09/2016/0816/O be refused on grounds stated in the officer’s report.

LA09/2016/0828/F Single storey dwelling and associated works at lands 10m NE of 111 Back Lower Road, Killycolpy, Dungannon for Emmet Hurrell and Terri Ryan

The Chair proposed that this item be considered ‘in committee’ as there were personal circumstances related to the application.

Agreed

LA09/2016/0843/F 1 free range poultry sheds with 2 feed bins and standby generator building at lands approx. 85m NE of 117 Aghnagar Road, Galbally for Mr Dominic Rafferty

Application listed for approval subject to conditions as per the officer’s report.

Proposed by Councillor Gildernew Seconded by Councillor Mallaghan and

Resolved That planning application LA09/2016/0843/F be approved subject to conditions as per the officer’s report.

LA09/2016/0995/F Enlargement of site area, relocation of house with minor amended design and detached double garage at 55m S of 8 Reenadeery Road, Aughamullan for Paul and Claire Envy

Application listed for approval subject to conditions as per the officer’s report.

Proposed by Councillor Reid Seconded by Councillor Gildernew and

Resolved That planning application LA09/2016/0995/F be approved subject to conditions as per the officer’s report.

I/2013/0370/O Residential development incorporating the retention of existing garage at lands to rear of 9 Adair Gardens, Cookstown for R&F Developments

Application listed for approval subject to conditions as per the officer’s report.

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Proposed by Councillor Mallaghan Seconded by Councillor Robinson and

Resolved That planning application I/2013/0370/O be approved subject to conditions as per the officer’s report.

LA09/2015/1117/O Replacement dwelling approx. 57 m NW of 9 Dunamore Road, Cookstown for Dean Wilson

Application listed for approval subject to conditions as per the officer’s report.

Proposed by Councillor Mallaghan Seconded by Councillor Reid and

Resolved That planning application LA09/2015/1117/O be approved subject to conditions as per the officer’s report.

LA09/2015/1287/F Partial demolition to include replacement front walls with renovation and rear extension to create 2 terraced dwellings at 50 and 52 Moore Street, Aughnacloy for Martina O’Hanlon

Application listed for approval subject to conditions as per the officer’s report.

In response to Councillor Reid’s question it was advised that all issues regarding the application had been addressed.

Proposed by Councillor Gildernew Seconded by Councillor Robinson and

Resolved That planning application LA09/2015/1287/F be approved subject to conditions as per the officer’s report.

LA09/2016/0164/F Replacement dwelling and garage at 17 Tobermore Road, Magherafelt for Mr O’Neill

Application listed for approval subject to conditions as per the officer’s report.

Proposed by Councillor McKinney Seconded by Councillor McAleer and

Resolved That planning application LA09/2016/0164/F be approved subject to conditions as per the officer’s report.

Matters for Information

P165/16 Report of Delegated Decisions Issued in August 2016

Members noted the content of the report of delegated decisions issued in August 2016.

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CONFIDENTIAL BUSINESS

Proposed by Councillor Reid Seconded by Councillor Mallaghan and

Resolved That final item under P164/16 and items P166/16 to P168/16 be taken as confidential business.

P169/16 Duration of Meeting

The meeting was called for 7.00pm and ended at 9.15 pm.

Chair ______

Date ______

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B

Development Management Officer Report Committee Application

Summary Committee Meeting Date: Item Number: Application ID: H/2014/0253/F Target Date: Proposal: Location: Proposed installation of a wind turbine on a Lands 256m South West of 27 Calmore Road tubular tower of up to 30m (to hub height) with Tobermore BT45 5PX blades up to 42.3m (to tip height) (Amended description).

Referral Route: Request by the Panning Manager

Recommendation: Approval Applicant Name and Address: Agent Name and Address: Wesley Tomb CD Consulting c/o Agent Unit 54 Enniskillen Business Centre 21 Lackaghboy Road Enniskillen BT74 4RL

Executive Summary:

Signature(s): Sean Diamond

Case Officer Report Site Location Plan

Consultations: Consultation Type Consultee Response Non Statutory Protecting Historic Monuments No Objection

Non Statutory Natural Heritage Substantive Response Received

Non Statutory N.I Water - Windfarms No Objection

Non Statutory Belfast International Airport No Objection

Non Statutory Ofcom Northern Ireland Substantive Response Received

Non Statutory National Air Traffic Services No Objection

Non Statutory Env Health Magherafelt Add Info Requested District Council Non Statutory UK Crown Bodies - D.I.O. No Objection LMS Non Statutory Arqiva Services Limited No Objection

Non Statutory The Joint Radio Company No Objection

Non Statutory P.S.N.I. Information And Substantive Response Communications Services Received

Non Statutory UK Crown Bodies - D.I.O. No Objection Safeguarding Representations: Letters of Support None Received Letters of Objection None Received Number of Support Petitions and No Petitions Received signatures Number of Petitions of Objection and No Petitions Received signatures Summary of Issues: Impact on residential amenity

Characteristics of the Site and Area The site is located approximately 0.5 miles south of Tobermore, in the open countryside in accordance with the Magherafelt Area Plan 2015. The site is located in an agricultural field approximately 206m south of No 23 Calmore Road and occupies an elevated location when viewed from bottom of the laneway adjacent to No 23. The site is access off an existing hardcored laneway which serves agricultural land. The site is located within Landscape Character Area No. 40 – Upper Moyola Valley which is of a moderately high scenic quality overall due to unspoilt character. Long distance views of Sleive Gallion are evident in the background when viewed from Drumard Road.

Planning Assessment of Policy and Other Material Considerations

The Proposal This is a full application for a single wind turbine. Output – 225kw Height from base to hub – 30m Blade radius – 12.3m Height form base to top of vertical blade tip – 42.3m Materials: Turbine tower to be solid tubular tower and 3 blades design coloured white.

Relevant Site History: No relevant site history.

Representations: 1 neighbour notification letter was sent to the occupier of No 23 Calmore Road Tobermore, the property located directly north of the site. No letter of representation have been received.

Development Plan and Key Policy Consideration: Decisions must be taken in accordance with the provisions of the Local Development Plan unless material considerations indicate otherwise.

Magherfelt Area Plan 2015: The site is located in the open countryside. There are no other designations on this site.

The Strategic Planning Policy Statement for Northern Ireland (SPPS) introduced in September 2015. The SPPS states that a transitional period will operate until such times as a Plan Strategy for the whole of the council area has been adopted. During the transitional period planning authorities will apply existing policy contained within identified policy documents together with the SPPS. Paragraph 1.12 of the SPPS states that any conflict between the SPPS and any retained policy must be resolved in the favour of the provisions of the SPPS.

Planning Policy Statement 21: Sustainable Development in the Countryside (PPS21) is a retained policy document under SPPS and provides the appropriate policy context. Policy CTY1 of PPS21 sets out the types of development that are considered to be acceptable in the countryside. One of these is renewable energy projects in accordance with Planning Policy Statement 18: Renewable Energy PPS18 is supported by a Best Practice Guide (BPG) and a supplementary planning guidance document Wind Energy Development in Northern Ireland Landscapes (SPG).

Policy RE 1 of PPS 18 indicates that renewable energy development will be permitted provided it will not result in an unacceptable adverse impact on five criteria. a) Public safety, human health, or residential amenity. b) Visual amenity and landscape character. c) Biodiversity, nature conservation or built heritage interests. d) Local natural resources. e) Public access to the countryside.

Policy also states that the wider environmental, economic and social benefits of all proposals for renewable energy projects will be given significant weight in determining whether planning permission should be granted. a) Public Safety, human health or residential amenity. - Wind energy is a clean energy and there are no harmful by-products. Risks to human health during construction are governed by the Health and Safety Executive for Northern Ireland. Turbines collapsing and parts flying off including ice throw are rare but can occur. Under residential amenity considerations must be given to noise, shadow flicker and visual amenity.

Noise In terms of impact on residential amenity, a noise impact assessment was submitted in support of this application and it considers noise predictions for a number of properties within a radius of 331m. The assessment identifies 6 residential properties, Nos 19a, 19b, 21, 21a, 23 & 27 (No 27 has a financial Interest) Calmore Road, No 23 being the closest located 206m north of the site. The assessment was forwarded to Mid Ulster District Council Environmental Health, who accepts the conclusions drawn in the report subject to a number of conditions.

Shadow Flicker Normally, only dwellings within 130 degrees either side of north and within 10 times the rotor blade diameter will be affected by shadow flicker (rotor blade diameter = 24.6m x 10 = 246m). There are two dwellings that falls within the 246m radius, Nos 23 & 27 Calmore Road. The agent submitted a Shadow Flicker Impact Assessment Report which identifies 9 properties within a 500m radius, the report concluded that none of these receptors will be affected by shadow flicker.

Visual Amenity In respect to visual amenity the closest residential properties without a financial interest are Nos 19b, 19a, 21a & 23 Calmore Road located on the northern side of the wind turbine. It is considered No 23 would be most affected by the proposal because it is the closest and lies directly north of the site. No 23 is a recently constructed two storey dwelling with formal garden areas to the front and rear. Views from the rear of the dwelling look out over open countryside with long distanced views of Sleive Gallion Mountain in the background. The approved layout of No 23 shows the ground floor living area mainly located to the rear, including sunroom, family room and dining room and each room has double glazed doors which open out onto a rear patio area. On the first floor two bedrooms face towards the proposal. One bedroom has double glazed doors opening out onto a small balcony. The rear amenity space is made up of a patio area with seating area which extends out into a large formal garden area. A linear agricultural field separates No 23 and the proposal site and a 2m high hawthorn hedge along the southern boundary of that field provides screening at the base of the proposed turbine. The majority of the proposed turbine including the rotating blades would be in constant view from the main living rooms and the from the rear garden of No 23. I consider that the proposal would introduce a substantial and long lasting change in the landscape, however in the absent of an objection from No 23, the only property neighbour notified, I am not persuaded that a refusal reason could be sustained on visual amenity.

(b) Visual amenity and landscape character - It is inevitable a turbine with a 30m hub height plus a 12.3m blade will have significant visual impact. The site is located within Landscape Character Area 40 Upper Moyola Valley on the southern edge which is of a moderately high scenic quality overall due to unspoilt character. The upper slopes are of high scenic quality and are included within the AONB. The LCA is characterised by its strongly enclosed, treed character and limited internal views which tend to reduce its sensitivity. The proposal site is bounds by three public roads, Woods Road, the Desertmatin Road and the Kilcronaghan Road. The site itself is located outside the ANOB, in a corner portion of a linear agricultural field on a moderately elevated site and is a minimum of 435m from the nearest public road network (Kilcronaghan Road). There are no critical views of the site from Kilcronaghan Road due to intervening vegetation and the topography of the landscape. With regards to the Desertmartin Road and Woods Road long distance views of the site are possible, the existing vegetation will help reduce the visual impact in an otherwise flat landscape.

(c) Biodiversity, nature conservation or built heritage interests - The site is located outside any designated areas, more than 50 metres from any hedgerows and therefore bats are not an issue under current guidance notes from NIEA Natural Heritage. As a precaution the MUDC will attach an informative advising the developer that it is an offence to deliberately capture, injure or kill a wild animal of a European protected species.

(d) Local natural resources, such as air quality or water quality - The turbine is constructed off site from metal and is constructed on site. There is no impacts on local natural resources from its construction. The proposal is a clean energy and there will be no impacts on air quality, it is located on stable agricultural land and therefore there is no risk of landslide or pollution of groundwater.

(e) Public access to the countryside - The proposal will not impact on public access to the countryside. The site is located within an existing agricultural field south west of No 27 Calmore Road just south of Tobermore village. The site is accessed off an existing laneway that serves agricultural land only.

In respect of wind energy, applications are required to demonstrate compliance with seven further but overlapping criteria:

I) that the development will not have an unacceptable impact on visual amenity or landscape character through the number, scale, size and siting of turbines. - Address under part b) above. Proposed wind turbine (height to blade tip 105m and ancillary works including hardstanding, transformer, access works, communications antennae, underground electrical cables and communication lines and the installation of a met mast (max height 65m).

II) That the development has taken into consideration the cumulative impact of existing wind turbines, those which have permissions and those which are subject of a current application - There are a number of existing wind turbines and extant planning approvals in the surrounding area. The closest wind turbine is located 1750m north-west of the site, site address Tobermore Concrete, 2 Lisnamuck Road, Tobermore for a 75m to the hub. Consideration has been given to cumulative impact of the approved turbine and it is considered that the location of the aforementioned turbine is such that the overall impact will not be detrimental given distance between the turbines and views will be interrupted by the village itself.

III) That the development will not create a significant risk of landslide or bog burst. This proposal is for a single turbine located on agricultural land. It is unlikely that it will create a significant risk of land slide or bog burst.

IV) That no part of the development will give rise to unacceptable electromagnetic interference - The potential of significant television/radio interference is unlikely given that this is a single turbine proposal. Arqiva has been consulted and responded to say that it had no objections to the proposal.

V) That no part of the development will have an unacceptable impact on roads, rail or aviation safety - The site is located up an existing laneway and is set well off the road. It is unlikely that it will have an unacceptable impact on roads however there may be minor disruption to the road network during transportation and construction.

VI) That the development will not cause significant harm to the safety or amenity of any sensitive receptors - Addressed under point a)

VII) That above ground redundant plant (including turbines), buildings and associated infrastructure shall be removed and the site restored. - No details have been provided but a condition can be attached to the approval requiring the future decommissioning of turbines.

Neighbour Notification Checked Yes

Summary of Recommendation: No objections were received following neighbour notification and advertisement consultations, Environmental Health have raised no concerns in relation to residential amenity therefore on balance I recommend that planning permission be approved subject to the following conditions.

Conditions

1. As required by Section 61 of the Planning Act (Northern Ireland) 2011, the development hereby permitted shall be begun before the expiration of 5 years from the date of this permission.

Reason: Time Limit.

2. The level of noise immissions from the wind turbine (including the application of any tonal penalty when calculated in accordance with the procedures described on pages 104 - 109 of ETSU-R-97) shall not exceed values set out in the table below. Noise limits for any dwellings which lawfully exist or have planning permission for construction at the date of this consent but are not listed in the tables shall be represented by the physically closest location listed in the tables unless otherwise agreed by the Mid Ulster District Council.

Table 1: Noise Limits dB LA90 at all times

Standardised wind speed at 10m height (m/s) within Property the site averaged over 10-minute periods 4 5 6 7 8 9 10 11 12

NSR 1 32.8 33.7 34.6 35.5 36.4 37.3 38.2 39.1 40.0

NSR 2 33.4 34.3 35.2 36.1 37.0 37.9 38.8 39.7 40.6

NSR 3 33.9 34.8 35.7 36.6 37.5 38.4 39.3 40.2 41.1

NSR 4 35.8 36.7 37.6 38.5 39.4 40.3 41.2 42.1 43.0

NSR 5 34.6 35.5 36.4 37.3 38.2 39.1 40.0 40.9 41.8

NSR 6 31.6 32.5 33.4 34.3 35.2 36.1 37.0 37.9 38.8

Reason: To control the noise levels from the development at noise sensitive locations.

3. Within 4 weeks of a written request by Mid Ulster District Council, following a noise complaint from the occupant of a dwelling which lawfully exists or has planning permission at the date of this consent, the wind turbine operator shall, at his/her expense employ a suitably qualified and competent person, to assess the level of noise immissions from the wind turbine at the complainant's property following the procedures described in Pages 102-109 of ETSU-R-97. Details of the noise monitoring survey shall be submitted to Mid Ulster District Council for written approval prior to any monitoring commencing. Mid Ulster District Council shall be notified not less than 2 weeks in advance of the date of commencement of the noise monitoring.

Reason: To control the noise levels from the development at noise sensitive locations.

4. The wind turbine operator shall provide to Mid Ulster District Council the results, assessment and conclusions regarding the noise monitoring required by Condition 2, including all calculations, audio recordings and the raw data upon which that assessment and conclusions are based. Such information shall be provided within 3 months of the date of the written request of Mid Ulster District Council unless otherwise extended in writing by Mid Ulster District Council.

Reason: To control the noise levels from the development at noise sensitive locations.

5. Wind speed, wind direction and power generation data shall be continuously logged throughout the period of operation of the wind turbine. This data shall be retained for a period of not less than 12 months. At the request of Mid Ulster District Council, the recorded wind data, standardised to 10m height above ground level and relating to any periods during which noise monitoring took place or any periods when there was a specific noise complaint, shall be made available to it.

Reason: To facilitate assessment of monitoring exercises and complaint investigation.

6. Within 4 weeks from receipt of a written request from the Mid Ulster District Council, following an amplitude modulation (AM) complaint to it from the occupant of a dwelling which lawfully exists or has planning permission at the date of this consent, the wind turbine operator shall submit a scheme for the assessment and regulation of AM to Mid Ulster District Council for its written approval. The scheme shall be in general accordance with:

• Any guidance endorsed in National or Northern Ireland Planning Policy or Guidance at that time, or in the absence of endorsed guidance, • Suitable published methodology endorsed as good practice by the Institute of Acoustics; or in the absence of such published methodology, • The methodology published by Renewable UK on the 16th December 2013; and implemented within 3 months of the written request of Mid Ulster District Council unless otherwise extended in writing by Mid Ulster District Council.

Reason: To control the levels of AM from the development at noise sensitive locations.

7. Within 12 months of the cessation of electricity generation at the site all structures shall be removed and the land restored in accordance with a scheme to be submitted to and agreed in writing with Mid Ulster District Council at least one year prior to the commencement of any decommissioning works.

Reason: To restore and maintain the landscape quality of the area.

Informatives

1. This permission does not alter or extinguish or otherwise affect any existing or valid right of way crossing, impinging or otherwise pertaining to these lands.

2. This permission does not confer title. It is the responsibility of the developer to ensure that he controls all the lands necessary to carry out the proposed development.

3. This determination relates to planning control only and does not cover any consent or approval which may be necessary to authorise the development under other prevailing legislation as may be administered by the Council or other statutory authority.

4. The applicant's attention is drawn to Article 4 of the Wildlife (Northern Ireland) Order 1985 (as amended) under which it is an offence to intentionally or recklessly kill, injure or take any wild bird. It is also an offence to intentionally or recklessly: take, damage or destroy the nest of any wild bird while that nest is in use or being built; or take or destroy an egg of any wild bird. If any person intentionally or recklessly disturbs any wild bird while it is building a nest or is in, on or near a nest containing eggs or young; or disturbs dependent young of such a bird they shall be guilty of an offence.

Any person who knowingly causes or permits to be done an act which is made unlawful by any of these provisions shall also be guilty of an offence.

It is therefore advised that tree and hedge loss should be kept to a minimum and removal should not be carried out during the bird The applicant's attention is drawn to The Conservation (Natural Habitats, etc) Regulations (Northern Ireland) 1995 (as amended), which states that it is an offence to deliberately capture, injure or kill a wild animal of a European protected species included in Schedule II of these Regulations, which includes all species of bat. It is also an offence; (a) Deliberately to disturb such an animal while it is occupying a structure or place which it uses for shelter or protection; (b) Deliberately to disturb such an animal in such a way as to be likely to; (i) Affect the local distribution or abundance of the species to which it belongs; (ii) Impair its ability to survive, breed or reproduce, or rear or care for its young; or (iii) Impair its ability to hibernate or migrate; (c) Deliberately to obstruct access to a breeding site or resting place of such an animal; or (d) To damage or destroy a breeding site or resting place of such an animal.

If there is evidence of bat activity / roosts on the site, all works must cease immediately and further advice must be sought from the Wildlife Team, Northern Ireland Environment Agency, Klondyke Building, Cromac Avenue, Gasworks Business Park, Belfast BT72JA. Tel. 028 905 69605

5. The applicant's attention is drawn to Article 4 of the Wildlife (Northern Ireland) Order 1985 (as amended) under which it is an offence to intentionally or recklessly kill, injure or take any wild bird. It is also an offence to intentionally or recklessly: take, damage or destroy the nest of any wild bird while that nest is in use or being built; or take or destroy an egg of any wild bird. If any person intentionally or recklessly disturbs any wild bird while it is building a nest or is in, on or near a nest containing eggs or young; or disturbs dependent young of such a bird they shall be guilty of an offence.

Any person who knowingly causes or permits to be done an act which is made unlawful by any of these provisions shall also be guilty of an offence.

It is therefore advised that tree and hedge loss should be kept to a minimum and removal should not be carried out during the bird breeding season between 1st March and 31st August.

The applicant's attention is drawn to The Conservation (Natural Habitats, etc) Regulations (Northern Ireland) 1995 (as amended), which states that it is an offence to deliberately capture, injure or kill a wild animal of a European protected species included in Schedule II of these Regulations, which includes all species of bat. It is also an offence; (a) Deliberately to disturb such an animal while it is occupying a structure or place which it uses for shelter or protection; (b) Deliberately to disturb such an animal in such a way as to be likely to; (i) Affect the local distribution or abundance of the species to which it belongs; (ii) Impair its ability to survive, breed or reproduce, or rear or care for its young; or (iii) Impair its ability to hibernate or migrate; (c) Deliberately to obstruct access to a breeding site or resting place of such an animal; or (d) To damage or destroy a breeding site or resting place of such an animal.

If there is evidence of bat activity / roosts on the site, all works must cease immediately and further advice must be sought from the Wildlife Team, Northern Ireland Environment Agency, Klondyke Building, Cromac Avenue, Gasworks Business Park, Belfast BT72JA. Tel. 028 905 69605

6. In the interests of air safety the structure should be fitted with aviation lighting. The mast should be fitted with a minimum intensity 25 candela omni directional red light or equivalent infra- red light fitted at the highest practicable point of the structure.

7. The developer must notify UK DVOF & Powerlines at the Defence Geographic Centre with the following information prior to development commencing: a. Precise location of development. b. Date of commencement of construction. c. Date of completion of construction. d. The height above ground level of the tallest structure. e. The maximum extension height of any construction equipment. f. Details of aviation warning lighting fitted to the structure(s)

This information can be sent by e-mail to the Defence Geographic Centre at [email protected] or by post to:

D-UKDVOF & Power Lines Geospatial Air Information Team Defence Geographic Centre DGIA Safeguarding Department Statutory & Offshore Defence Infrastructure Organisation Kingston Road Sutton Coldfield West Midlands B75 7RL Tel: +44 (0)121 311 3818 Tel (MOD): 94421 3818

Signature(s)

Date:

ANNEX

Date Valid 8th July 2014

Date First Advertised 24th July 2014

Date Last Advertised 11th September 2014

Details of Neighbour Notification (all addresses) The Owner/Occupier, 23 Calmore Road,Calmore,Tobermore,Londonderry,BT45 5PX,

Date of Last Neighbour Notification 22nd June 2016

Date of EIA Determination ES Requested No

Planning History

Ref ID: H/2014/0253/F Proposal: Proposed installation of a wind turbine on a tubular tower of up to 30m (to hub height)with blades up to 40.5m (to tip height) Address: Lands 256m South West of 27 Calmore Road, Tobermore, BT45 5PX, Decision: Decision Date:

Summary of Consultee Responses

Drawing Numbers and Title

Drawing No. 05/1 Type: Proposed Plans Status: Submitted

Drawing No. DOC 02 Type: Further Particulars Status: Submitted

Drawing No. DOC 01 Type: Technical Specification Status: Submitted

Drawing No. 02 Type: Site Layout or Block Plan Status: Submitted

Drawing No. 01 Type: Site Location Plan Status: Submitted

Drawing No. 03 Type: Levels and Cross Sections Status: Submitted

Notification to Department (if relevant)

Date of Notification to Department: Response of Department:

Application ID: I/2014/0399/F

Development Management Officer Report Committee Application

Summary Committee Meeting Date: 1 November 2016 Item Number: Application ID: I/2014/0399/F Target Date: Proposal: Location: A single wind turbine of up to 2.3mw power Beltonanean Mountain Beltonanean TD output with a maximum overall base blade to Cookstown Co Tyrone tip height of 92.5m to compliment approved planning I/2010/0211/F

Referral Route:

Refusal recommended

Recommendation: REFUSAL Applicant Name and Address: Agent Name and Address: Mr Graham Bell Green Energy Wind 30 Ballinasollus Road 11 Dunurk Road Cookstown Castlewellan BT80 9TQ Co Down BT31 9PF

Executive Summary: All relevant issues have been considered, including objections, the applicant’s submission and history on the site. On balance a Refusal has been recommended.

Signature(s):

Application ID: I/2014/0399/F

Case Officer Report Site Location Plan

Consultations: Consultation Type Consultee Response Non Statutory Natural Heritage Substantive Response Received

Non Statutory Belfast International Airport No Objection

Non Statutory National Air Traffic Services No Objection

Non Statutory Env Health Cookstown District Add Info Requested Council Non Statutory UK Crown Bodies - D.I.O. No Objection Safeguarding Non Statutory Ofcom Northern Ireland Substantive Response Received

Non Statutory Transport NI - Enniskillen Substantive Response Office Received

Non Statutory Environmental Health Mid Add Info Requested Ulster Council Non Statutory NIEA Substantive Response Received

Non Statutory NIEA Substantive Response Received

Non Statutory Shared Environmental Substantive Response Services Received

Application ID: I/2014/0399/F

Non Statutory Environmental Health Mid Ulster Council Representations: Letters of Support None Received Letters of Objection 98 Number of Support Petitions and No Petitions Received signatures Number of Petitions of Objection and No Petitions Received signatures Summary of Issues

The site for the proposed turbine lies in the Sperrins AONB. There has been a large volume of objection to the proposal and supporting statements from the applicant. There is a current approval under I/2010/0211/F and although the applicant has described the proposal as a turbine ‘to compliment approved planning I/2010/0211/F’, it has been assessed on its merits as a single turbine application, however taking surrounding planning history into account.

Characteristics of the Site and Area

The site is located in the townland of Beltonanean some 9km north west of Cookstown on Beltonanean Mountain, north of Corvanaghan Mountain. In the immediate environs, the site is accessed off Beltonanean Road on rising ground close to old derelict farm buildings and some sheds with some mature trees and hedges. A 60m approved met mast is erected close to the site of the proposed turbine The turbine is located on the lower slopes of this upland area which includes Beltonanean Mountain, Corvanaghan, Oughtmore and Evishbrack Mountain. To the north and east beyond lies the main body of the Sperrin AONB. This site lies within that designated landscape in the SW portion in the Dunamore foothills.

Background & history

The current application I/2014/0399/F was submitted on 17 December 2014 for a single wind turbine of up to 2.3mw power output with a maximum overall base blade to tip height of 92.5m to compliment approved planning I/2010/0211/F at Beltonanean Mountain, Beltonanean TD

A nearby application, I/2010/0211/F was approved for a single wind turbine of up to 2.3 megawatt power output with a maximum overall base blade to tip height of 92.5 metres. Ancillary developments will comprise turbine transformer; turbine hardstand, site entrance with sight line provision; 1 no. electrical control kiosk, construction of new access track; communications antenna; underground electrical cables and communication lines connecting wind turbine to electrical control kiosk; on-site drainage works; temporary site compound; and all ancillary and associated works at Beltonanean Mountain.

A further application on this same site, I/2013/0188/F was submitted to amend the previously approved Wind Turbine (Planning Ref I/2010/0211/F) by relocating the turbine 54 metres to the north/northwest from the previously approved position; increasing the overall base to blade tip height to 119 metres; and with the addition of a proposed new electrical substation with underground electrical cables and communication lines connecting the wind turbine to electrical substation.

Application I/2013/0188/F was refused on 28 January 2016, at that time, by the Department Of Environment, for the following reason; ‘The proposal is contrary to Part (i) of RE 1 of PPS 18 in

Application ID: I/2014/0399/F

that development would, if permitted cause an unacceptable impact on visual amenity and landscape character of a sensitive landscape, through the scale, size and siting of the turbine.’ It subsequently went to appeal and the PAC dismissed the proposal on 18 December 2015 upholding the refusal reason and adding the detrimental impact on residential amenity on dwelling No. 8 Beltonanean Road.

An erected 60m anemometer mast (wind measurement) was approved under I/2008/0112/F nearby.

To the north of the site, , was submitted on 29 December 2014 for a Windfarm comprising 6 no. three bladed wind turbines with micro-siting and a maximum base blade to tip height of 126.5 metres. Ancillary developments include a permanent lattice anemometer mast of 80 metres height; turbine transformers; turbine bases, foundations and hardstands; widening and strengthing of existing tracks and construction of new access tracks, junctions and turning areas; a 33kV switch room control building with communications equipment, car parking and compound area; underground electrical cables and communication lines connecting wind turbines to the switch room control building; on site drainage works; upgrade of an existing entrance off Beltonanean Road for light vehicle use, use of the existing entrance to Davagh Forest off Slaght Road for main infrastructure traffic, with access tracks options through Davagh Forest; temporary set down areas, temporary material deposition areas, temporary construction compound; and all ancillary and associated development and infrastructure including general and excavation works at Beltonanean. The Proposed development also includes temporary works along the transport route to facilitate the delivery of turbine components including a realignment of a section of the Feegarran Road and widening of the junction of Feegarran and Slaght Roads, in the townlands of Ballynagilly and Beltonanean, Cookstown, Co Tyrone.

This application I/2014/0413/F is currently under consideration.

Planning Assessment of Policy

The Strategic Planning Policy Statement for NI (SPPS) was published in September 2015 consolidates 20 publications into one document and sets out strategic subject planning policy for a range of planning matters. In relation to renewable energy the aim is to facilitate the siting of renewable proposals in appropriate locations within the built and natural environment in order to achieve NI's renewable energy without compromising other environmental assets of acknowledged importance.

Until a plan strategy for the whole of the council area has been adopted planning applications will be assessed against existing policy (other than 1, 5 & 9) together with the SPSS.

Policy RE1 of Planning Policy Statement 18 sets out the relevant policy for renewable energy development. Applications for wind energy development will be required to demonstrate that they do not result in an unacceptable adverse impact on;

(a) public safety, human health, or residential amenity;

Public safety & human health

The policies used for assessment of this type of development state that very few accidents have occurred involving injuries to humans , those that have are to do with failure to observe manufactures and operators instructions. Paragraph 1.3.51 of the Best Practise Guide goes on the state the only source of danger to human or animal life would be the loss of a piece of the blade or exceptionally the whole blade. Many blades are composite structure with no bolts, so blade failure is therefore most unlikely.

Application ID: I/2014/0399/F

The Public Health Agency, Department of Energy and Climate Change in considering the effects of shadow flicker from turbines concluded that ‘the frequency of the flickering caused by a wind turbine rotation is such that it should not cause a significant risk to health.

The development site is a mosaic of blanket bog and wet heath with a track running through it on which the turbine will be located. The habitat directly adjacent to the proposed turbine location has been well drained resulting in drier areas, and NIEA : Natural Heritage have raised no objection to this.

Objectors raised concerns relating to potential television, radio and mobile communication interference. However there is no evidence to suggest the development will give rise to unacceptable electromagnetic interference to communications installations, radar or air traffic control systems, emergency services communications or other telecommunications systems. OFCOM has no objection to the proposal. NATS has no objection to the proposal. Ministry of Defence and Belfast International Airport also have no objection to the proposal. Belfast International Airport have confirmed they have no objection in terms of aviation safety.

PPS18 states the development should not cause significant harm to the safety or amenity of any sensitive receptors (including future occupants of committed developments) arising from noise; shadow flicker; ice throw; and reflected light.

Residential Amenity

The proposed turbine would have a significant impact on residential amenity of No.8 Beltonanean Road. The kitchen, dining and living area of this property face the direction of the proposed wind turbine as well as the rear and side garden area, where the turbine would dominant views. While the existing concrete water storage tanks to the rear will partially screen the hub of the turbine and the existing evergreen trees, all of the moving blades would be in constant view from their rear main living areas and rear & side garden.

The PAC supported this view in the recent appeal 2014/A0234 (Annex A) where they found the impact of a 119m high turbine (located on 295m on the contour lines), to have an unacceptable impact on No.8. The key issue as highlighted in this appeal decision was ‘the constant view of the moving blades in their totality’, not including the tower. As shown in the photomontage in Annex B, this would remain the case as the blades would still be an ‘unavoidable presence’.

No.8 Beltonanean Road would be 823m from the proposed turbine and I do note this turbine will be approx. a further 115m than the approved turbine. However it will sit on contour line 315m, so added to its proposed height (92.5m) it will be in total 408m, in comparison to a total of 414m (119 m height on contour line 295m) which the Commissioner, in appeal 2014/A0234, found to be unacceptable. Annex B shows a visual of the granted and proposed turbine from the viewpoint of No.8. This turbine will sit higher in the landscape, albeit not on the tip of the mountain and it still remains visually unacceptable for this property. The topography of the land will mean that on some sections of the Beltonanean Road the mountain would screen the lower part of the turbine, however it will remain an elevated and unacceptable dominant presence for No.8, which is located on much lower ground than both the approved and proposed turbine. (See Annex C)

The applicant has argued No.8 is not in direct line of sight of the turbine and so is not directly affected. However in the above mentioned appeal decision (Annex A) in paragraph 18, the Commissioner notes the ‘kitchen and dining area are positioned to directly face the turbine’. The location of both of these are shown in Annex C and this is still clearly the case. I have taken into full account the applicants points on the matter relating to the impact on No.8.

Application ID: I/2014/0399/F

Having visited this property, who have objected on visual impact grounds, I am of the opinion this proposal would have a significant effect on their residential amenity and remain contrary to part (a) of RE1 in PPS18.

No. 17 Beltonanean Road, who also objected on amenity grounds, are not significantly affected directly from the location of their dwelling. This is due to the orientation of the property and its being set back from the road on much lower ground. There is also strong hedging screening the view until reaching the top of the entrance at the road edge. However when then travelling towards the site along Beltonanean Road, the turbine will come into full view as described at the viewpoints highlighted in this report.

Objectors also raised safety concerns over the potential falling of the turbine. Supplementary guidance advises that in terms of safety for smaller individual turbines a fall over distance plus 10 per cent is often used as a safe separation distance. The closest dwellings fall well outside the recommended fall over distance (101.75m). This is not considered a significant enough reason to merit refusal of the proposal.

NOISE ISSUES

A number of the objections received have related to Noise associated from the turbine, and their concerns were forwarded to Environmental Health for their consideration. The applicant has submitted his own acoustic assessment which were forwarded to EHO.

It is stated the applicant’s report has taken into account wind shear and uncertainty impacts and it has been demonstrated that ETSU-R-97 derived noise limits should be achieved within the curtilage of all non-finally involved dwellings in the locale. Environmental Health have no objection subject to conditions.

SHADOW FLICKER/ICE THROW

A shadow flicker report was submitted in April 2014. It was prepared by Ellesmere Business Services. The report concludes that the predicted level of shadow flicker at the nearest dwelling will not exceed that recommended in Planning Policy Statement 18.

According to the Best Practice Guide to PPS 18 shadow flicker generally only occurs in relative proximity to sites and has only been recorded occasionally at one site in the UK. It states in the Best Practice Guidance to Planning Policy Statement 18 - Renewable Energy that. Problems caused by shadow flicker are rare. At distances greater than 10 rotor diameters from a turbine, the potential for shadow flicker is very low. It is recommended that shadow flicker at neighbouring offices or dwellings within 500m should not exceed 30 hours per year or 30 minutes per day.

In this case, 10 x 71m is the rotor diameter = 710m. When a calculation was done no dwelling lies outside of 130 degrees either side of north and therefore none will be affected by shadow flicker. No dwellings are located within in shadow flicker zone and according to the shadow flicker report submitted in December 2015, there is agreement that there are no properties within the 10 rotor diameter that have the potential to experience shadow flicker.

As well as the issue of shadow flicker, objections were received in relation to separation distances. PPS 18 Best Practice Guidance states that a minimum separation distance of 500m should be achieved between dwellings and wind farms. This proposal is for a single wind turbine and the Council is satisfied that a lesser separation distance is acceptable in this instance. SPSS goes further in defining a wind farm as development comprising more than 2 turbines.

Application ID: I/2014/0399/F

PPS 18 Best Practice, Para. 1.3.52 states that the best practice separation distance of 10 times rotor diameter to occupied property should comfortably satisfy safety requirements as problems caused by shadow flicker are rare and distances greater than 10 rotor diameters from a turbine potential for it is very low. This distance has been complied with in this instance.

In relation to ice throw, which is unlikely in most sites in NI, even where icing does occur the turbines own vibration sensors are likely to detect the imbalance and inhibit the operation of the machines.

PPS18 goes on to state that development that generates energy from renewable resources will only be permitted provided the proposal, and any associated buildings and infrastructure, will not result in an unacceptable adverse impact on:

(b) Visual amenity & landscape character;

Paragraph 1.3.25 of Best Practise Guide acknowledges that wind turbines will often be highly visible and it will normally be unrealistic to seek to conceal them. It states that developers should seek to ensure that through good siting and design, landscape and visual impacts are limited and appropriate to the location.

PPS18 also refers to Supplementary Guidance ‘Wind Energy Development in NI’s landscapes’ and says this should be taken into account in assessing all wind turbine proposals. Paragraph 4.13 of PPS18 states that wind turbines are likely to have the greatest visual effects of any renewable energy development, varying on the location, landscape and setting of the proposal. This site is located within Landscape Character Area no. 41 – Slieve Gallion, which is indicated to have a high to medium sensitivity. It is located within the south westerly part of LCA41, and the Supplementary Planning Guidance – Wind Energy Development in NI’s Landscape, states this outlier hilly area, although adversely affected by sand & gravel extraction and forestry, are visibly prominent thus increasing the sensitivity of this area to wind energy development. The SPPS at paragraph 6.223 states that a cautious approach should apply for renewable energy proposal within designated landscapes which are of significant value. The site is also located within the Sperrin AONB. It encompasses a largely mountainous area of great geological complexity. This area is rich in historic and archaeological heritage and folklore. The area has been given this designation to conserve and enhance its natural beauty.

The SPPS states in such sensitive landscapes it may be difficult to accommodate renewable energy proposals without detriment to the regions cultural and heritage assets. The approved turbine I/2010/0211/f was given permission prior to the publication of the SPPS, where previously PPS18 stated a ‘sensitive’ approach should be taken’ to renewable projects. The SPPS strengthens the importance of protecting areas of a sensitive nature, such as the Sperrins AONB, by stating a ‘cautious’ approach will apply.

NIEA: NED Landscape Division have stated they do not consider the proposal to have a regionally significant impact on the Sperrin AONB, they do urge the Council to consider potential local landscape impacts in line with relevant policy guidelines. Policy NH6 of PPS2 relating to Areas of Outstanding Beauty is relevant. This policy states that permission will only be granted for a new development within an AONB where it is of an appropriate design, size and scale for the locality and certain criteria is met.

The siting and scale of the proposal is not sympathetic to the special character of the AONB in general and of the particular locality and remains contrary to part (a) of this policy. The quality, character and heritage value of the landscape in this AONB lies in its tranquillity and distinctiveness and visual appeal and a turbine will not be sympathetic or sensitive to this and will not enhance the quality of its landscape.

Application ID: I/2014/0399/F

Recent appeal decision 2015/A0083 (Annex D) also supports the view that AONB character should be protected and in this case, a single wind turbine appeal was dismissed, due to its impact on amenity and landscape character of the Sperrins AONB.

Visual Impact Assessment - Critical Viewpoints

There are both short and long range views of the site. The proposed wind turbine will be considered skyline from along the site frontage along Beltonanean Road and Beltonanean Lane. Annex E shows a map of critical views of the proposed turbine. Longer distance views at SW of the site, VP3 (Tullnacross Road) and VP4 (at the entrance to Dunamore Riverside Walk), would see the turbine viewed in the context of existing farm building, dwellings and buildings associated with Quarries would be read together in the foreground.

While it is acknowledged between the viewpoints 3 & 4 and the site there has been some quarrying activity and part of the character has been affected, this would be viewed as the wider context, and the turbine when viewed from these two critical views would remain unacceptable in the skyline and significantly alter the landscape of its immediate surroundings.

Visual impact is much greater at shorter range viewpoints on Beltonanean Road, where the immediate character of the area has an exposed, open and largely uninhabited character. At VP2 the turbine would be viewed almost in full, in a skyline position with no benefit of any backdrop. It would result in an over dominant structure at this location. At this viewpoint there is a feeling of unspoilt countryside and three hills of the mountain are on view. Albeit there is an approval of one turbine, not yet constructed, another would further erode the character of this AONB.

When travelling from VP2 to VP5 one would be aware of the dominance of a turbine on the site in this sensitive location along the Beltonanean Road. When at VP12 looking towards the site the turbine would be a stark over dominant structure in the landscape.

At viewpoint V6, located adjacent to No.8 Beltonanean Road, even with partial screening due to Beltonanean Mountain, the turbine blades will still be in full view, and it will be unacceptable in terms of scale, size and dominance.

At VP1, when on Beltonanean Lane looking towards the site, the view highlights the quality of the unspoilt nature of the AONB. Both at this point, before the forestry area and after you pass it, still continuing on Beltonanean Lane towards the site, the turbine would be detrimental to the existing scenic quality. There would be unacceptable change to the character of the area and due to the size and scale of the turbine, it would be detrimental to the Sperrin AONB.

In line with policy this application also needs to be considered in the context of other approvals in the locality. There is an approved turbine that is 92.5m to tip height to the south on lower ground and a current application for a wind farm I/2014/0413/F (6 wind turbines) to the north of the site. Annex F details a map of wind development history in the immediate area.

Consideration of the cumulative impact of existing wind turbines, those which have permissions and those that are currently the subject of valid but undetermined applications is important. Wind farm application I/2014/0413/F is yet to be determined so significant weight cannot be attached to its impact, it would when viewed together with the approved turbine at all identified viewpoints above, result in an unacceptable cumulative visual impact.

The proposed turbine would be viewed with approval I/2010/0211/F. It is my opinion that although one turbine on the site has been approved, one more would tip the balance, and it would not respect the sensitive nature of this location, and would remain contrary to policy.

Application ID: I/2014/0399/F

It should be noted the applicant did offer to relocate the proposed turbine in an attempt to alleviate the impact on No.8 Beltonanean Road. It was considered by MUDC there would be no benefit in the applicant doing this due to other significant concerns which the proposed relocation would not have been able to overcome.

(c) Biodiversity, nature conservation or built heritage interests;

The development is located in an area that is used by several bird species of conservation importance with conifer plantations to the north and west of the proposed site. The nearest recorded bird breeding sites are located approx. 2km from the development however during the second site visit one snipe was noted approx 100m from the turbine location.

However NIEA Natural Heritage are content that a proposed development will not pose a significant risk to these bird species as long as construction work is carried on outside bird breeding season. A habitat management plan and bird monitoring programme would therefore be required to mitigate and monitor any potential impacts on the snipes. This could be conditioned if approved. Informatives would also be added to any approval advising of the Conservation Regulations 1995.

Within the local area there are known habitats, however a Habitats Regulation Assessment (HRA) Screening was carried out by NIEA and it was determined this proposal would not have a significant impact on them subject to relevant conditions.

Objectors have raised the point a turbine in the area would detract tourists. The applicant argues the point that the area is not high in tourism value and is used mainly for agricultural purposes. Objections were raised in relation to the detrimental impact the turbine may have on the landscape of the area and that on Beaghmore Stone Circles. The visual impact of the proposal has been considered against PPS 18 and the Best Practice Guidance. NIEA- Archaeology and Built Heritage – Historic Monuments Unit, following a request for photo montages, are of the opinion that the proposal’s impact upon the setting and public views associated with the State Care monument – Beaghmore Stone Circle’s complex, is not significant enough to be a refusal reason on its own, and on the basis on the information submitted they were content with the proposal. I would be in agreement this would not be the most critical viewpoint, but there is still a visual impact and with the other mentioned views, it is such that it would be detrimental to this AONB.

(d) Local natural resources, such as air quality or water quality;

No significant issues in relation to these issues were highlighted through the HRA screening and there were no objections from relevant consultees. Water Management Unit have considered the impacts of the proposal on the surface water environment and on the basis of the information provided the applicant refers and adheres to their generic standing advice.

(e) Public access to the countryside.

Objections were raised in relation to increased traffic and road safety.

Approval for access has been granted for a wind turbine under I/2010/0211/F and this application will avail of the same access. Transport NI had no objections subject to conditions to this proposal in relation to safety concerns.

Application ID: I/2014/0399/F

Applications for wind energy development will also be required to demonstrate all of the following criteria as laid out in PPS18; (i) that the development will not have an unacceptable impact on visual amenity or landscape character through: the number, scale, size and siting of turbines; (ii) that the development has taken into consideration the cumulative impact of existing wind turbines, those which have permissions and those that are currently the subject of valid but undetermined applications; (iii) that the development will not create a significant risk of landslide or bog burst; (iv) that no part of the development will give rise to unacceptable electromagnetic interference to communications installations; radar or air traffic control systems; emergency services communications; or other telecommunication systems; (v) that no part of the development will have an unacceptable impact on roads, rail or aviation safety; (vi) that the development will not cause significant harm to the safety or amenity of any sensitive receptors1 (including future occupants of committed developments) arising from noise; shadow flicker; ice throw; and reflected light; and (vii) that above-ground redundant plant (including turbines), buildings and associated infrastructure shall be removed and the site restored to an agreed standard appropriate to its location.

The above issues have all been fully considered in the planning assessment.

The publication Best Practise Guidance to PPS18 ‘Renewable Energy’ was also taken into account in assessing this proposal which and the criteria for wind energy development has been fully considered for this proposed turbine.

OTHER MATERIAL CONSIDERATIONS;

A large volume of objections have been received (98 in total) outlining various issues of concern. These have been fully considered and relevant planning issues taken into account.

Much information has been submitted by the applicant, agent and a local councillor, supporting the application and countering objectors concerns. All this information has been taken into account and fully considered in the planning assessment.

• Impact on property values

The SPSS document sets out the Council’s position on this matter - The basic question is not whether owners and occupiers of neighbouring properties would experience financial or other loss from a particular development, but whether the proposal would unacceptably affect amenities and the existing use of land and buildings that ought to be protected in the public interest. This has been considered earlier in the report.

• Environmental Impact Assessment

Based on the information provided, it was considered that an Environmental Statement was not warranted in this case. It was perceived through the EIA determination that any likely environmental effects could be adequately dealt with through the normal development control procedure and consultation process.

Application ID: I/2014/0399/F

• Wider environmental, Economic and social benefits

Policy RE1 of PPS18 states the wider environmental, economic and social benefits are material considerations that should be given significant weight in determining a planning application. The SPSS states they should be given appropriate weight.

The applicant has submitted information in relation to this argument in terms of business rates and corporation tax. He states on the Mid Ulster Councils web page under the business section it states “Mid Ulster District Council is committed to working to ensure business and employment opportunities, support for rural communities, the regeneration of our towns and villages and investment in the district’s tourism potential is maximised" in paragraph 1.4 of the Mid Ulster Councils economic development plan 2015-2020 it states that the aim is to promote sustainable energy including renewable energy initiatives. The business rates on a 2-2.5mw wind turbine in Northern Ireland today is between £20-£25k. If his development was operational (2 turbines – this application and his other approval) the business rates to local council would amount to £40- £50k a year which amounts to £1m-£1.25m over the life time of the project. Mr Bell’s accountant carried out a business plan for him and states if his development was operational it would be paying upwards of £50k a year corporation tax, when combined with the business rates his development would contribute £2m-£2.5m to the economy over its lifetime in taxes and rates (£100k per year) so it will have a significant benefit to local council and the wider economy.

There are obvious benefits such a reduction in CO2 emissions and a cleaner energy supply. It will also assist in reducing NI’s dependency on fossil fuels, and help it achieve its renewable energy obligations. The proposal will also provide direct and indirect employment during the construction phase and through maintenance.

However, it has to be determined if the benefits outweigh any detrimental and unacceptable impact the proposal would have on the visual amenity and landscape character of the AONB, and the impact on residential amenity, and in this case they do not.

• Other Planning Decisions

The applicant has provided a number of planning references relating to what he feels are comparable decisions. These have been considered as part of the planning assessment. However significant weight cannot be given to these as each proposal is assessed on its own merits within its own distinct location, and they are not directly comparable.

CONCLUSION

There are a number of significant views from the proposed turbine and because of its size, prominence and degree of visibility, it would not be sympathetic to the special character of this AONB. When viewed with approved and potential wind turbines the cumulative visual impact would be significantly detrimental in this AONB and there is an unacceptable impact on the residential amenity on a nearby dwelling. The proposed is therefore recommended for refusal for the following reasons stated below.

Neighbour Notification Checked Yes

Summary of Recommendation: Refusal

Application ID: I/2014/0399/F

Reasons for Refusal:

1. The proposal is contrary to Policy RE1 of Planning Policy Statement 18 - Renewable Energy in that the development would, if permitted, have an unacceptable impact on the visual amenity and landscape character of the area, which is located within the Sperrin AONB, by reason of the scale and siting of the turbine and the sensitivity of the landscape, and also due to the cumulative impact of existing turbines, those which have permissions and those that are currently the subject of valid but undetermined applications.

2. The proposal is contrary to Policy NH6 of Planning Policy Statement 2- Natural Heritage & The SPPS, in that the site lies within the designated Sperrin AONB and the development would, if permitted, be detrimental to the environmental quality of the AONB by reason of lack of sensitivity to the distinct character and the landscape quality of the area.

3. The proposal is contrary to Policy RE1 of Planning Policy Statement 18 - Renewable Energy in that the development would, if permitted, have an unacceptable impact on residential amenity of nearby residential property No 8 Beltonanean Road, as a result of being overly dominant and an unavoidable presence.

Signature(s)

Date:

Application ID: I/2014/0399/F

ANNEX

Date Valid 17th December 2014

Date First Advertised 14th January 2015

Date Last Advertised

Details of Neighbour Notification (all addresses) Barney Girvan 1 33A Corvanaghan Road Corvanaghan Niall McAleer 1 The Cloisters, University Avenue, Belfast,BT7 1GD Eugene & Geraldine Connolly 10 Beltonanean Lane Beltonanean Cookstown Eugene & Geraldine Connolly 10, Beltonanean Lane, Cookstown, Tyrone, Northern Ireland, BT80 9TH Eugene Connolly 10, Beltonanean Lane, Cookstown, Tyrone, Northern Ireland, BT80 9TH Christopher McNamee 111 Broughderg Road Broughderg Greencastle James McKee 111, Feegarron Road, Cookstown, Tyrone, Northern Ireland, BT80 9TE Amy McKee 111, Feegarron Road, Cookstown, Tyrone, Northern Ireland, BT80 9TE Laura McKee 111, Feegarron Road, Cookstown, Tyrone, Northern Ireland, BT80 9TE Eamon McKee 111, Feegarron Road, Cookstown, Tyrone, Northern Ireland, BT80 9TE Trea McKee 111, Feegarron Road, Cookstown, Tyrone, Northern Ireland, BT80 9TE Patrick McGuigan 124 Broughderg Road Broughderg Greencastle Ann McDermott 149 Broughderg Road Crouck Greencastle Mark Connolly 16 Beltonanean Lane Beltonanean Cookstown Matt McRory 17 Beltonanean Road,COOKSTOWN,BT80 9TR Olcan McRory 17 Beltonanean Road,Cookstown,BT80 9TR Pat McRory 17 Beltonanean Road,Cookstown,BT80 9TR Nia McRory 17 Beltonanean Road,Cookstown,Co Tyrone Janette McRory 17 Beltonanean Road,Cookstown,Co Tyrone Janette & Pat McRory 17 Beltonanean Road,Cookstown,bt80 9TR

Application ID: I/2014/0399/F

K Gibson 17 Knockmore Park, Carrickfergus, Antrim, Northern Ireland, BT38 8PQ Brenda McRory 2 Adelaide Road,Ipswich,Suffolk,England,IPY 5PR Aaron Dobbin 2 Liggins Road,Greencastle,Co Tyrone Nula Dobbin 2 Liggins Road,Greencastle,Co Tyrone James Heasley 2 Liggins Road,Greencastle,Co Tyrone Laurance McCrory 21 Maryville Sheskinshule Sheskinshule Joan Mitchell 22 Lough Fea Road, Cookstown, Tyrone, Northern Ireland, BT80 9QL Mona Cullen 27 Gargrim road,Fintona,Co Tyrone PJ Cullen 27 Gargrim road,Fintona,Co Tyrone Perry McCrory 28 Crouck Road Crouck Mountfield Sheena Monaghan 3, Beaghmore Road, Cookstown, Tyrone, Northern Ireland, BT80 9PB Kerry McCrory 30 Liggins Road Liggins Mountfield Shaun McCrory 30 Liggins Road,Greencastle,Co Tyrone Sarah Charles 36 Ballynasolus Road Ballynasollus Cookstown Brigid McRory 38 Ballynasolus Road Ballynasollus Cookstown Brendan McCrory 38 Crouck Road Crouck Mountfield Fidelma O'Kane 384, Crockanboy Road, Creggan, Tyrone, Northern Ireland, BT79 9AF Bernard mcCrory 40 Crouck Road Crouck Mountfield Bernie McDonnell 40A Fingrean Road Altdrumman Sixmilecross Vincent McCrory 42 Crouck Road Crouck Mountfield John Meenagh 42 Fingrean Road Altdrumman Sixmilecross Michael McCrory 44 Ballynasolus Road Ballynasollus Cookstown Michael & Margaret McCrory 44, Ballynasolus Road, Cookstown, Tyrone, Northern Ireland, BT80 9TQ Teresa McCrory 46 Crouck Road,Glenhull,Omagh,BT79 8HT James Monaghan 5 Beaghmore Road Beagh More Cookstown

Application ID: I/2014/0399/F

Annmarie Corey 54 Blackrock Road Beagh More Cookstown A McAllister 6 Beltonanean Road Corvanaghan Cookstown Carmel Mulholland 63 Mount Pleasant Road Jordanstown Newtownabbey Bridie Monaghan 67 Corvanaghan Road Evishbrack Cookstown Conor Monaghan 69 Corvanaghan Road Evishbrack Cookstown Mary Potter 8 Ashwood Heights Derryloran Alias Kirktown Cookstown Monina Connolly 8 Beltonanean Lane Beltonanean Cookstown Kathleen Ward 8 Beltonanean Road Beltonanean Cookstown Bronagh Bloomer 8 Millview,Cookstown,Tyrone,BT80 9RU Gary & Kathleen Ward 8, Beltonanean Road, Cookstown, Tyrone, Northern Ireland, BT80 9TP Tiarnan McNamee 84 Davagh Road Broughderg Draperstown Mary McNamee 84 Davagh Road Broughderg Draperstown Leanne Skidmore 96 Clogherny Road Clogherny Glebe Upper Beragh Mairead McNally 97, Feegarron Road, Cookstown, Tyrone, Northern Ireland, BT80 9TA Molly Hart Flat 5 Charles Shiels Institute Tower Hill

Date of Last Neighbour Notification 7th September 2016

Date of EIA Determination 5/7/16 ES Requested No

Planning History

Ref ID: I/2007/0239 Proposal: Request for EIA Determination for a Single Wind Turbine Address: Beltonanean Mountain, Cookstown Decision: Decision Date:

Ref ID: I/2008/0112/F Proposal: Proposed construction and installation of a 60m high anemometer (wind measurement) mast accessed by quad vehicle. Address: Beltonanean Mountain, Beltonanean TD, Co Tyrone.

Application ID: I/2014/0399/F

Decision: Approval Decision Date: 22.08.2008

Ref ID: I/2010/0211/F Proposal: A single wind turbine of up to 2.3 megawatt power output with a maximum overall base blade to tip height of 92.5 metres. Ancillary developments will comprise turbine transformer; turbine hardstand, site entrance with sight line provision; 1 no. electrical control kiosk, construction of new access track; communications antenna; underground electrical cables and communication lines connecting wind turbine to electrical control kiosk; on-site drainage works; temporary site compound; and all ancillary and associated works at Beltonanean Mountain. Address: Beltonanean Mountain, Beltonanean TD, Cookstown, Co. Tyrone. Decision: Approval Decision Date: 17.05.2012

Ref ID: I/2008/0684/F Proposal: Wind farm consisting of 2 wind turbines of up to 1.3 megawatt power output (2.6 MW total) each with a maximum overall base to blade tip height of 81 metres; Ancillary developments will comprise a single meteorlogical mast of up to 50 metres in height, turbine transformers; turbine hardstands, site entrances with sight line provision; 2 no. electrical control kiosks, construction of new access tracks and junctions; communications antennae; underground electrical cables and communications lines connecting wind turbines to electrical control kiosks; on site drainage works; temporary site compounds and all ancillary and associated works at Beltonanean Mountain. Address: Beltonanean Mountain, Beltonaean TD, Co Tyrone. Decision: Decision Date: 08.02.2010

Ref ID: I/2008/0362/E Proposal: Proposed single wind turbine development Address: Beltonanean Mountain, Cookstown Decision: Decision Date:

Ref ID: I/2012/0294/DETEIA Proposal: request for determination as to the need for an Environmental Impact Assessment for a proposed increase in height to, and relocation of, the approved Beltonanean Wind Turbine at Beltoneanean Mountain Cookstown, Co Tyrone - planning ref I-2010-0211-F Address: Beltonanean Mountain, Beltonanean TD, Cookstown, Co. Tyrone., Decision: NRES Decision Date:

Ref ID: I/2013/0188/F Proposal: Planning application to amend the previously approved Beltonanean Mountain Wind Turbine (Planning Ref I/2010/0211/F) by relocating the turbine 54 metres to the

Application ID: I/2014/0399/F

north/northwest from the previously approved position; increasing the overall base to blade tip height to 119 metres; and with the addition of a proposed new electrical substation with underground electrical cables and communication lines connecting the wind turbine to electrical substation. Address: Beltonanean Mountain, Beltonanean Townland, Cookstown, Co Tyrone, Decision: RL Decision Date:

Ref ID: I/2014/0413/F Proposal: Windfarm comprising 6 no. three bladed wind turbines with micro-siting and a maximum base blade to tip height of 126.5 metres. Ancillary developments include a permanent lattice anemometer mast of 80 metresheight; turbine transformers; turbine bases, foundations and hardstands; widening and strengthing of existing tracks and construction of new access tracks, junctions and turning areas; a 33kV switch room control building with communications equipment, car parking and compound area; underground electrical cables and communication lines connecting wind turbines to the switch room control building; on site drainage works; upgrade of an existing entrance off Beltonanean Road for light vehicle use, use of the existing entrance to Davagh Foresr off Slaght Road for main infrastructure traffic, with access tracks options through Davagh Forest; temporary set down areas, teporary material deposition areas, temporary construction compound; and all ancillary and associated development and infrastructure including general and excavation works at Beltonanean, Ballynasollus, Beleevna-More and Ballynagilly Townlands, Cookstown, CoTyrone. The Proposed development also includes temporary works along the transport route to facilitate the delivery of turbine componentsincluding a realignment of a section of the Feegarran Road and widening of the junction of Feegarran and Slaght Roads, in the townlands of Ballynagilly and Beltonanean, Cookstown, Co Tyrone. Address: Beltonanean, Ballynasollus, Beleevna-More and Ballynagilly Townlands, Cookstown, Co Tyrone, Decision: Decision Date:

Ref ID: I/2013/0348/PREAPP Proposal: A wind farm consisting of 11 no wind turbines each with a maximum overall blade to tip height of 119 metres; turbine transformers; electrical control building; communications antennae on control building, widening of existing tracks, construction of new access tracks, junctions and site entrance; turbine hardstands; underground electrical cables and communications lines; drainage works; a temporary site compound; and all ancillary developments and associated works. Address: Beltonanean Road, lands west of cookstown, Co. Tyrone., Decision: EOLI Decision Date:

Ref ID: I/2014/0399/F Proposal: A single wind turbine of up to 2.3mw power output with a macimum overall base blade to tip height of 92.5m to compliment approved planning I/2010/0211/F Address: Beltonanean Mountain, Beltonanean TD, Cookstown, Co Tyrone, Decision: Decision Date:

Application ID: I/2014/0399/F

ANNEX A – APPEAL DECISION 2014/A0234

ANNEX B – PHOTOMONTAGE FROM NO.8 BELTONANEAN ROAD

ANNEX C – CONTOUR MAP

ANNEX D – APPEAL DECISION 2015/A0083

ANNEX E – CRITICAL VIEWPOINTS

ANNEX F -HISTORY MAP AND TABLE

Application ID: LA09/2015/0227/F

Development Management Officer Report Committee Application

Summary Committee Meeting Date: Item Number: Application ID: LA09/2015/0227/F Target Date: Proposal: Location: Erection of single wind turbine, associated 230m NE of 62 Bush Road Dungannon BT71 access and 2No. electricity cabinets 6QE

Referral Route: Recommended for refusal

Recommendation: Refusal Applicant Name and Address: Agent Name and Address: Mr Brian Cummings Strategic Planning 60 Bush Road 1 Pavilions Office Park Dungannon Kinnegar Drive BT71 6QE Holywood BT18 9JQ

Executive Summary: The applicant has been requested to provide additional information in relation to noise from the development and has not provided this information.

Signature(s):

Application ID: LA09/2015/0227/F

Case Officer Report Site Location Plan

Consultations: Consultation Type Consultee Response Non Statutory MP & E Trading Company & No safeguarding objection EMR Integrated Solutions Non Statutory Arqiva Services Limited No Objection

Statutory NIEA Content

Statutory Transport NI - Enniskillen Has raised no road safety Office objections, access via existing lane and access.

Non Statutory Ofcom Northern Ireland Consult with MP & E Trading and Arquiva

Non Statutory Environmental Health Mid Add Info Requested Ulster Council Non Statutory Belfast International Airport No safeguarding objection

Application ID: LA09/2015/0227/F

Non Statutory National Air Traffic Services No safeguarding objection

Statutory UK Crown Bodies - D.I.O. Do not object LMS Statutory UK Crown Bodies - D.I.O. No safeguarding objection Safeguarding Representations: Letters of Support None Received Letters of Objection None Received Number of Support Petitions and No Petitions Received signatures Number of Petitions of Objection and No Petitions Received signatures Summary of Issues A noise assessment has been requested and has not been provided.

Characteristics of the Site and Area

The application site is on a localised hill top within a triangular shaped agricultural field. A private concrete lane provides one boundary of the field, the other 2 boundaries have mature trees and hedgerows along them. This is located to the east of Dungannon, mid- way between Dungannon and Bush and is characterised by open agricultural land with mature trees along the boundaries and farm groups on hill top locations. There is a local lake, Lough Nacrilly, to the east of the site and Bush Building Supplies is to the south east, on Bush Road. The surrounding area has a number of residential properties and farms.

Planning Assessment of Policy and Other Material Considerations

This application for a single wind turbine in the rural area and is considered against the policies contained in the Dungannon & South Tyrone Area Plan 2010 (DSTAP2010), The Strategic Planning Policy Statement for Northern Ireland (SPPS), Planning Policy Statement (PPS) 2 – Natural Heritage, PPS 18 - Renewable Energy and PPS21 – Sustainable Development in the Countryside.

The potential impact of this proposal on Special Protection Areas, Special Areas of Conservation and Ramsar sites has been assessed in accordance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended). The proposal would not be likely to have a significant effect on the features of any European site. The application is for a single turbine and as such is not a wind farm as set out in footnote 51 of the SPPS. While I do not consider the SPPS has changed the consideration for single turbines, the proposed development is within 500 metres of occupied dwellings. The EHO has requested information in relation to noise impacts form the turbine and despite a number of requests this information has not been provided. It is my view that as this information has not been presented it has npo0t been demonstrated the development will not have an adverse impact on human health. Members are advised the agent for this application has indicted this information will not be forthcoming.

Application ID: LA09/2015/0227/F

A shadow flicker analysis map has been presented and it identifies an extant approval that may be impacted by shadow flicker. There are no details of the proposed development and an application is currently under consideration for OPP for a dwelling, no details have been presented to mitigate against shadow flicker at that location. Members are advised that in my view the applicant for the turbine should provide details to show what measures they have taken to consider or mitigate the impacts this turbine on other development. I do not consider sufficient information has been provided to adequately consider the impacts of shadow flicker from this development. The DSTAP 2010 does not contain any specific policies for renewable development but recognises the Planning Strategy for Rural Northern Ireland provides for renewable development. The policies for renewable development in PSRNI were replaced by those in PPS 18 - Renewable Energy with policy RE1 being the pertinent policy. RE1 is generally permissive for renewable technologies. The area around the development is not readily accessible to the public as it is agricultural land served by a private lane, as such I do not consider the development will have any impact on public access to the countryside. The turbine is not located within fallover distance, plus 10%, of any buildings or public roads and there are no other transport links in this area. NATS and BIA were consulted and did not raise any concerns from the development impacting on aviation. I do not consider the proposal will have an adverse impact on public safety. The proposed turbine is located within Landscape Character Area 45 –Dungannon Drumlins and Hills and has an overall sensitivity of high to medium for wind energy development. The nearest turbines to the site are approx. 3km to the south east at Coash Road, where 2 turbines 45.5m to tip height, have been erected and one is approved. In my opinion, the proposed turbine will be seen with those turbines in long distance views from the Hill of O’Neill and from the lower lying lands to the east. The turbine will also been seen with the large electricity pylons that traverse the landscape in a north south orientation and the profile of the Dungannon skyline. I do not consider the cumulative impact of this turbine, with the other tall structures in the area would have a detrimental visual impact as it will be seen from such long distances. Close up, views of the turbine will be significant and as it occupies a localised hill top site it will be mainly seen against the sky. The matt white finish proposed will assist in mitigating the visual impact against the predominant sky colour of grey cloud. That said, the proposed turbine has a 35m dia. blade and I have concerns that this size of a blade in the local countryside is excessive in its appearance and I consider this size of a turbine should be resisted. Following the receipt of a bat surveys, NIEA – Natural were consulted and have raised no concerns to the development in relation to the impact on bats. A ground water assessment has been requested to allow consideration of the potential impact this development would have on ground water and any users of the water. To date this has not been provided and the members are advised the agent has indicated this will not be forthcoming. The SPPS has provided a change to RE1, in that wider environmental, economic and social benefits are material considerations that will be given appropriate weight. The applicant has not provided any specific information in relation to the benefits this turbine will provide and refers to the obvious benefits. As such I am unable to apportion any significant consideration to the social and economic benefits of this scheme.

Application ID: LA09/2015/0227/F

The development is not located close to any tourism projects and will therefore not result in any adverse impacts on the tourism industry diverting resources from that sector. In light of this I consider the scheme will have positive benefits in its favour and the proposal is not considered to have any detrimental impact on the wider environment. I consider the proposed development does not meet with the planning policies and I recommend it is refused for the reasons stated below.

Neighbour Notification Checked Yes

Summary of Recommendation: Recommendation to refuse due to the size of the blade and lack of information to allow assessment of the impacts from the development due to noise, shadow flicker and impacts on the water environment.

Reasons for Refusal: 1. The proposed development does not accord with Policy RE1 of Planning Policy Statement 18 – Renewable Energy, as it has not been demonstrated that the proposed development would not have an adverse impact on human health by reason of noise and shadow flicker. 2. The proposed development does not accord with Policy RE1 of Planning Policy Statement 18 – Renewable Energy, as it has not been demonstrated that the proposed development would not have an adverse impact on water quality. 3. The proposal is contrary to Policy RE1 of Planning Policy Statement 18 – Renewable Energy in that the development, if approved, would have an unacceptable visual impact on the locality by virtue of the overbearing appearance of the turbine due to the size of the turbine blades.

Signature(s)

Date:

Application ID: LA09/2015/0227/F

ANNEX

Date Valid 14th May 2015

Date First Advertised 25th May 2015

Date Last Advertised

Details of Neighbour Notification (all addresses) The Owner/Occupier, 1 Lisnaclin Terrace Lisnaclin Dungannon The Owner/Occupier, 2 Lisnaclin Terrace Lisnaclin Dungannon The Owner/Occupier, 3 Lisnaclin Terrace Lisnaclin Dungannon The Owner/Occupier, 4 Lisnaclin Terrace Lisnaclin Dungannon The Owner/Occupier, 5 Lisnaclin Terrace Lisnaclin Dungannon The Owner/Occupier, 52 Bush Road Lisnaclin Dungannon The Owner/Occupier, 54 Bush Road Lisnaclin Dungannon The Owner/Occupier, 58 Bush Road Cornamucklagh Dungannon The Owner/Occupier, 6 Lisnaclin Terrace Lisnaclin Dungannon The Owner/Occupier, 60 Bush Road Cornamucklagh Dungannon The Owner/Occupier, 62 Bush Road Cornamucklagh Dungannon The Owner/Occupier, 64 Bush Road,Cornamucklagh,Dungannon,Tyrone,BT71 6QE, The Owner/Occupier, 7 Lisnaclin Terrace Lisnaclin Dungannon The Owner/Occupier, 75 Bush Road,Cornamucklagh,Dungannon,Tyrone,BT71 6QE, The Owner/Occupier, 77 Bush Road,Cornamucklagh,Dungannon,Tyrone,BT71 6QE, The Owner/Occupier, 8 Lisnaclin Terrace Lisnaclin Dungannon

Date of Last Neighbour Notification

Application ID: LA09/2015/0227/F

Date of EIA Determination ES Requested No

Planning History

Ref ID: M/2008/0997/F Proposal: 39.5km of pipeline to transfer drinking water from Ballydougan Service Reservoir, near Bleary, Co Down to Carland Service Reservoir, near Newmills, Co Tyrone via a water pumping station at Moy. Address: Pipeline from Ballydougan Service Reservoir to Carland Service Reservoir via Moy PS Decision: Decision Date: 07.12.2009

Ref ID: LA09/2015/0227/F Proposal: Erection of single wind turbine, associated access and 2No. electricity cabinets Address: 230m NE of 62 Bush Road, Dungannon, BT71 6QE, Decision: Decision Date:

Summary of Consultee Responses MP & E Trading Company & EMR Integrated No safeguarding objection Solutions Arqiva Services Limited No Objection

NIEA Content

Transport NI - Enniskillen Office Has raised no road safety objections, access via existing lane and access.

Ofcom Northern Ireland Consult with MP & E Trading and Arquiva

Environmental Health Mid Ulster Council Add Info Requested

Belfast International Airport No safeguarding objection

National Air Traffic Services No safeguarding objection

UK Crown Bodies - D.I.O. LMS Do not object

UK Crown Bodies - D.I.O. Safeguarding No safeguarding objection

Application ID: LA09/2015/0227/F

Drawing Numbers and Title

Drawing No. 03 Type: Site Layout or Block Plan Status: Submitted

Drawing No. 02 Type: Site Layout or Block Plan Status: Submitted

Drawing No. 01 Type: Site Location Plan Status: Submitted

Drawing No. 04 Type: Proposed Plans Status: Submitted

Notification to Department (if relevant)

Date of Notification to Department: Response of Department:

Development Management Officer Report Committee Application

Summary Committee Meeting Date: Item Number: Application ID: LA09/2015/0256/F Target Date: Proposal: Location: Erection of 44 houses (2 detached and 42 Earls Court Carland Road Dungannon semi detached) estate roads and ancillary works

Referral Route: Major application and objections received.

Recommendation: Approval Applicant Name and Address: Agent Name and Address: Knockburn Ltd J Aidan Kelly Ltd Garvagh House 50 Tullycullion Road Garvagh Lane Dungannon Dungannon BT70 3LY

Executive Summary: This is an application for housing on a site that has live planning permission for a housing development, a number of objections have been received against the development and these have been considered in the report.

Signature(s): Case Officer Report Site Location Plan

Consultations: Consultation Type Consultee Response Statutory Transport NI - Enniskillen Standing Advice Office Statutory Rivers Agency Content

Statutory NIEA Advice

Statutory NI Water - Multi Units West - Advice Planning Consultations Statutory DETI - Geological Survey (NI) Content

Non Statutory Environmental Health Mid Substantive Response Ulster Council Received

Statutory Historic Environment Division Content (HED) Representations: Letters of Support 1 Letters of Objection 7 Number of Support Petitions and No Petitions Received signatures Number of Petitions of Objection and 2 petitions, one with 6 signatures, one with 20 signatures signatures Summary of Issues Objection letters have raised the following issues: unacceptable density, lack of open space provision and usability of it, loss of amenity due to use of right of way, loss of privacy and overlooking, against Human Rights, right to enjoyment of property, impact on ground stability, impact on wildlife and trees, air and noise pollution, risk of accidents, impact on paupers grave, land ownership challenge, impact on the water environment, springs within the site, drainage impacts, capacity of the Dungannon Waste Water Works to deal with the sewage, road safety – increased traffic on Carland Road and lack of notification of neighbours. Cllr Molloy has viewed the plans and discussed the proposed development.

Characteristics of the Site and Area This was the site of the former Drumglass High School and is on the main approach to Dungannon from Cookstown. An access road has been created into the site and a number of foundations have been provided in general accordance with a previous permission for a housing development. The site is in a run down state with mounds of soil and broken fencing towards Carland Road. There are a number of mature trees along its west boundary where there is a stream that runs in a NE – SW direction, The Council has recently provided a public footpath to the north of the site as part of the Earls Project, this provides a link to Quarry Lane. The new Drumglass High School and grounds is to the north and the South Tyrone Hospital site and Loane House is situated to the south. Immediately south of the site is Knockmore Drive, a private housing development of 2 storey detached and semi-detached dwellings. On the opposite side of the Carland Road is the ‘White City’ a large former social housing development that has a mix of semi detached and terraced properties, the majority of which are 2 storey. Planning Assessment of Policy and Other Material Considerations Members are advised planning permission, ref M/2004/1099/F, was granted on 7th February 2006 for 35 detached dwellings on a larger site, with 30 detached dwellings approved on this site. The access to that development was provided and foundations for 4 dwellings have been provided, as such I consider development has legally commenced on the site. Members should note that as the permission can still be built out with without any further planning permission, the developer has established a ‘fall back’ position and may proceed at any time. (See Layout 1- approved housing development in Annex)

This proposal is for the erection of 44no 2 storey 3 bedroom dwellings, of which 2 are detached properties and the remainder semi-detached. The dwellings are all finished with painted render walls and concrete roof tiles and are typical of new development in Dungannon. The development has a range of appearances and styles and provide a mixture of house types. (See Layout 2 – proposed housing development in Annex).

The Dungannon & South Tyrone Area Plan zones this site as phase 1 housing land within the settlement limits of Dungannon. HOU1 and SETT1 allows for favourably consideration of development provided it meets a number of criteria. The proposal accesses onto the A29 and a landscaping scheme has been provided in accordance with 2 of the key site requirements set out in DH02. The pedestrian link referred to in DH02 appears to be private right of way that runs to the rear of Knockmore Drive. The proposal does not show any use of this right of way, indeed the objectors have concerns about pedestrians using it as it may affect their amenity, that said the proposal does not exclude a link to that right of way and as such I consider the proposal meets with all the key site requirements.

I do not consider the Strategic Planning Policy Statement provides any change in direction or clarification in relation to policies relevant to this application and as such I consider the existing policies contained in Planning Policy Statement (PPS) 3 – Access, Movement and Parking, PPS7 – Quality Residential Environments, PPS8- Open Space, Sport and Outdoor Recreation, PPS12 – Housing in Settlements, PPS13 – Transportation and Land Use and PPS15 – Planning and Flood Risk should be considered in the determination of this proposal.

Objections had been raised about the possibility of buried remains within the site, due to the ‘Paupers Grave’, however that area has been excluded from the scheme, therefore, in consultation with Historic Environment Division, I do not consider the policies in PPS6 – Planning, Archaeology and Built Heritage are material to the consideration of the scheme currently before the committee.

Members are advised one of the principles for housing in towns and cities requires upping the density of new developments without town cramming. In my view the starting position in consideration of the proposed development is a comparison of this proposal against the approved development (layout 1 and layout 2 in the annex). The proposed development provides off street parking for 2 cars at the sides of the properties and in my opinion this provides an adequate amount of in curtilage parking and creates gaps between the houses. I consider these gaps provide relief between the buildings and has the appearance of a less cramped development that that approved.

A concept plan submitted with the proposal identifies assets and constraints associated with this site and indicates how the proposed layout has responded to these. The proposed development has been designed to take into account existing development on the boundaries which have private amenity areas backing onto the development. The houses on sites 12 – 17 front towards the rear gardens of the properties in 9 -12 Knockview Drive, however the new houses will be a minimum of 20 metres from the rear boundaries, at a level at least 3 metres below the gardens and with the estate road and a landscaped belt between them. I consider these measures will satisfactorily mitigate against overlooking of the existing private amenity spaces by the proposed houses. I consider there may be some initial impacts on the private amenity space to 9 – 12 Knockview Drive from vans and lorries using the estate road, due to the higher driving position, however I consider this will be lessened as the landscaping matures.

The site levels drop towards the west, which the concept plan identifies, it proposes to deal with this change in levels by site works to cut and fill the ground, this means the houses on sites 19 – 28 are 4m and 8m lower than the houses on sites 12 – 18. To take account of this difference in levels, the back to back separation distances have been increased from 20m to between 23m and 30m, with a landscaped belt between the properties. These measures are designed to limit the impact of overlooking of the private areas and rooms within the proposed houses and I consider this is in accordance with the guidance in Creating Places.

The amount, location and type of open space for residential developments is taken in a case by case basis and policy suggests for a development of this scale, 10% of the overall site area should be open space. Members are advised the public open space within this development is in the region of 0.36ha and takes the form of a landscaped and grassed corridor along the bank of the watercourse to the west, a landscaped belts between properties in the middle of the site and landscaped belts to the north boundary with the school and at the rear of the dwellings at 9 – 12 Knockview Drive. This is more than 10% of this site which is approx. 1.9ha and members are advised that the developer initially proposed small landscaped areas along the entrance road and courtyard for sites 37 – 40, however due to issues with ongoing maintenance of these small areas these were incorporated within the curtilages of some of the dwellings. I consider it necessary to attach a condition to require the developer to provide the landscaping as proposed and maintain the public areas. It is acknowledged there is limited ‘active open space’ within the development where ball games can be played, however I do not consider there is requirement for a significant area of active open space in this development as the local area is well provided for with playing fields at the school, Drumcoo Playing Fields and Eoghan Rua playing fields.. Mid Ulster Council has recently developed a public footpath to the north of the site which this development proposes to link into, this provides pedestrian links to Quarry Lane and a pedestrian crossing to allow access towards the Oaks Road and Thomas Street - town centre. The development also links into the public footpath network on Carland Road and objectors have raised issues about the capacity of the footpaths to accept the additional pedestrians form this development using that footpath towards the Thomas Street roundabout. While there may be an issue about the width of the footpath, really the committee are being asked to consider the additional pedestrian activity for 9 houses due to the extant permission on this site. As the school is a significant pedestrian generator I do not consider it is reasonable to require the developer to fund a footway widening scheme to the Thomas Street roundabout to accommodate 9 houses.

Roads engineers have considered the scheme and have not raised any concerns about road safety in relation to this development, they considered a transport assessment in reaching this conclusion. The Department for Infrastructure have advised the layout and design of the streets meets with their construction standards and they will adopt the streets within the development to ensure their on-going maintenance.

Due to the close proximity of the site to a stream, and also anecdotal evidence from objectors about springs in the area, there is potential for adverse impacts on the water environment. NIEA were consulted about the application and they acknowledged there is the potential for impacts, however they are content these can be mitigated by appropriate construction methods and suggest conditions are attached to any planning permission. I consider these conditions are appropriate and necessary to protect the water environment.

In relation to other objections about the development I can advise members: - NI Water have advised they have available capacity within the Dungannon Waste Water treatment facility to accommodate the waste water from this development, - The Council has a statutory obligation to notify neighbours of occupied buildings on lands adjoin the application site, I have checked the neighbours and those that are required to be notified have been. - I have visited some of the properties in 9 – 12 Knockview Drive and there is an issue with the garden areas and fences falling into this site. The developer has shown they do not intend to reduce the ground levels at this boundary, there will be a landscaped strip between 2m to 4m in width along this boundary which I consider will not result in any additional impacts on the stability of the ground and with the landscaping may consolidate the ground and in fact improve the situation by. - Human Rights, right to enjoyment of property, this application is being brought to the Planning Committee for consideration and the protocol allows anyone to make representations to the committee members, I consider this provides safeguards for these rights, and allows the issues to be properly considered.

Taking into account of all the relevant policies and the objections received I recommend to the members this application is approved with conditions.

Neighbour Notification Checked Yes/No

Summary of Recommendation:

Approve with conditions.

Conditions

1) As required by Section 61 of the Planning Act (NI) 2011, the development hereby approved shall be begun within 5 years of the date of this decision. Reason: Time Limit

2) All hard and soft landscape works shall be carried out in accordance with drawing No 19 Rev 1 bearing the stamp dated 23 MAY 2016 and to the appropriate British Standard or other recognised Codes of Practise. The works shall be carried out as follows: - where landscaping is identified within individual sites, prior to the occupation of the dwellings on that site; - within the area identified ‘A’, prior to the occupation of any of the dwellings on sites 12 -17; - within the area identified ‘C’, prior to the occupation of any of the dwellings in sites 21 – 28; - within the other areas identified as amenity grassland or woodland planting, prior to 30 of the houses hereby approved being occupied. REASON: To ensure the provision, establishment and maintenance of a high standard of landscape.

3) All landscaping proposed on drawing No 19Rev1 bearing the stamp dated 23 MAY 2016 shall be carried out by Knockburn Ltd in accordance with condition 2. Knockburn Ltd shall lay out and carry out the management and maintenance of the amenity grasslands and woodland planting areas in accordance with the management and maintenance plan detailed on drawing No 19 Rev 1, unless otherwise agreed in writing with the Council. Reason : To ensure the provision of and long term management of the areas of public open space within the development.

Signature(s)

Date: ANNEX

Layout 1- approved housing development

Layout 2 – proposed housing development Date Valid 18th May 2015

Date First Advertised 1st June 2015

Date Last Advertised 21st April 2016

Details of Neighbour Notification (all addresses) Manus MacGinty 1 Ard Gannon Drumcoo Dungannon The Owner/Occupier, 1 Knockmore Drive Drumcoo Dungannon David Farrell 10 Knockmore Drive Drumcoo Dungannon The Owner/Occupier, 11 Knockmore Drive Drumcoo Dungannon The Owner/Occupier, 12 Knockmore Drive Drumcoo Dungannon MICHAEL CULLEN 2 Knockmore Drive Drumcoo Dungannon The Owner/Occupier, 3 Knockmore Drive Drumcoo Dungannon Michael McLoughlin 4 Knockmore Drive Drumcoo Dungannon Michael McLoughlin 4 Knockmore Drive, Dungannon, Tyrone, Northern Ireland, BT71 4AD Michael McLoughlin 4, Knockmore Drive, Dungannon, Tyrone, Northern Ireland, BT71 4AD The Owner/Occupier, 5 Knockmore Drive Drumcoo Dungannon The Owner/Occupier, 6 Knockmore Drive Drumcoo Dungannon The Owner/Occupier, 7 Ard Gannon Drumcoo Dungannon The Owner/Occupier, 7 Knockmore Drive Drumcoo Dungannon The Owner/Occupier, 75 Carland Road Drumcoo Dungannon The Owner/Occupier, 77 Carland Road,Drumcoo,Dungannon,Tyrone,BT71 4AA, The Owner/Occupier, 79 Carland Road Drumcoo Dungannon The Owner/Occupier, 8 Knockmore Drive Drumcoo Dungannon The Owner/Occupier, 81 Carland Road Drumcoo Dungannon The Owner/Occupier, 83 Carland Road Drumcoo Dungannon The Owner/Occupier, 85 Carland Road Drumcoo Dungannon Residents of Knockmore Drive 9 Knockmore Drive,Drumcoo,Dungannon,Tyrone,BT71 4AD The Owner/Occupier, Drumglass High School, Carland Road, Dungannon, BT71 4AA The Owner/Occupier, South Tyrone Hospital Carland Road Dungannon BT71 4AU Alan Metcalfe Southern Health and Social Care Trust,Estate Services,Craigavon Area Hospital,68 Lurgan Road,PORTADOWN,BT63 5QQ The Owner/Occupier, Willowbank Community Resource Centre Carland Road Dungannon Co Tyrone BT71 4AA Thomas Farrell

9, 10, 11, 12 Knockmore Drive, Dungannon

Date of Last Neighbour Notification

Date of EIA Determination ES Requested Yes /No Planning History

Ref ID: M/1986/0126 Proposal: ANIMAL HOUSE AND STORE Address: DUNGANNON SECONDARY SCHOOL, CARLAND ROAD, DUNGANNON Decision: Decision Date:

Ref ID: M/2004/1099/F Proposal: Erection of 35no. detached dwellings and construction of housing estate roads & ancillary works. Address: Site of former Drumglass High School, Carland Road, Dungannon Decision: Decision Date: 08.02.2006

Ref ID: M/2007/1030/F Proposal: Proposed residential development comprising 161 dwellings in the form of a variety of dwellings types with associated private amenity space, parking provision, formal public open space, landscaping along with access onto Quarry Lane, internal road arrangements, pedestrian link and dwellings accessing Meadowvale, and a pedestrian link to Carland Road. Address: Lands adjacent to - Quarry Lane (opposite no. 19 Quarry Lane) Dalriada Park, No's 1-14 Meadowvale, 4a Carland Road and Drumglass High School - Dungannon Decision: Decision Date: 27.07.2009

Ref ID: M/1979/0070 Proposal: 11 KV O/H LINE, 33 KV O/H LINE Address: GRANVILLE, LISNAHULL, MULLAGHANAGH, DUNGANNON Decision: Decision Date:

Ref ID: M/1995/0784 Proposal: Site for Housing Address: DRUMGLASS HIGH SCHOOL ADJACENT TO 9 KNOCKMORE DRIVE DUNGANNON Decision: Decision Date:

Ref ID: M/2014/0449/A Proposal: Three sided totem sign Address: South Tyrone Hospital, Dungannon, Decision: CG Decision Date: 17.11.2014 Ref ID: M/2012/0591/F Proposal: Proposed external cladding and replacement of existing windows and doors Address: South Tyrone Hospital, Dungannon, Decision: MAA Decision Date: 17.12.2012

Ref ID: M/1998/0859 Proposal: Demolition of existing school building - proposed land for housing development Address: DRUMGLASS HIGH SCHOOL CARLAND ROAD DUNGANNON Decision: Decision Date:

Ref ID: M/1984/0558 Proposal: ERECT 1 NO DOUBLE MOBILE SCIENCE LABORATORY AND I NO DOUBLE Address: DUNGANNON SECONDARY SCHOOL, CARLAND ROAD, DUNGANNON Decision: Decision Date:

Ref ID: M/2002/0892/O Proposal: Renewal of outline planning permission for single dwelling Ref: M/1999/0632. Address: Site 60m South of Old Dungannon Secondary School, Carland Road, Dungannon Decision: Decision Date: 27.09.2002

Ref ID: M/2005/1151/O Proposal: Renewal of outline planning permission for single dwelling Ref: M/2002/0892/O Address: Site 60m South of Old Dungannon Secondary School, Carland Road, Dungannon. Decision: Decision Date: 05.08.2005

Ref ID: M/1976/0151 Proposal: ERECTION OF DWELLING Address: DRUMCOO, DUNGANNON Decision: Decision Date:

Ref ID: M/1980/0631 Proposal: ERECTION OF DWELLING Address: DRUMCOO, DUNGANNON Decision: Decision Date:

Ref ID: M/1999/0632/O Proposal: Renewal of outline planning permission for a single dwelling Address: 60m south of Dungannon Secondary School, Carland Road Dungannon Decision: Decision Date: 12.10.1999

Ref ID: M/1996/0683 Proposal: Site for Dwelling Address: 60M SOUTH OF DUNGANNON BOYS SECONDARY SCHOOL CARLAND ROAD DUNGANNON Decision: Decision Date:

Ref ID: M/2011/0548/O Proposal: Renewal of outline planning permission for a single residential dwelling for family members Address: 30 Metres South Old Dungannon Secondary School, "Drumglass" Townland, Meadowvale, Dungannon, Decision: Decision Date: 06.12.2011

Ref ID: M/2008/0766/O Proposal: For single dwelling (residential) with access onto Meadowvale existing Road Address: 60m south of old Dungannon Secondary school Carland Road or/ immediately north of Meadowvale Drumglass Decision: Decision Date: 21.10.2008

Ref ID: M/1989/0433 Proposal: Dwelling Address: SITE 2 ARDGANNON QUARRY LANE DUNGANNON Decision: Decision Date:

Ref ID: M/1989/4026 Proposal: Kiosk Type Sub_Station Address: SPERRINVIEW SPECIAL CARE UNIT CARLAND ROAD DUNGANNON Decision: Decision Date:

Ref ID: M/1980/0072 Proposal: EXTENSION TO MEDICAL STORES AT SOUTH TYRONE HOSPITAL Address: SOUTH TYRONE HOSPITAL, CIRCULAR ROAD, DUNGANNON Decision: Decision Date:

Ref ID: M/1989/4014 Proposal: Kiosk Type Substation Address: SPERRINVIEW SPECIAL CARE SCHOOL CARLAND ROAD DUNGANNON Decision: Decision Date:

Ref ID: M/1978/0084 Proposal: EXTENSION TO "A" FLOOR Address: SOUTH TYRONE HOSPITAL, DUNGANNON Decision: Decision Date:

Ref ID: M/1978/0085 Proposal: OUTPATIENTS DEPARTMENT EXTENSION Address: SOUTH TYRONE HOSPITAL, DUNGANNON Decision: Decision Date:

Ref ID: M/1987/0005 Proposal: TEMPORARY ACCOMMODATION EXTENSION TO EXISTING SCHOOL Address: SPERRIN VIEW SPECIAL CARE SCHOOL, CARLAND ROAD, DUNGANNON Decision: Decision Date:

Ref ID: M/1978/0393 Proposal: UNITS ADMINSTRATION BUILDING Address: SOUTH TYRONE HOSPITAL, DUNGANNON Decision: Decision Date:

Ref ID: M/2011/0621/F Proposal: Removal of existing modular building, and erection of new decontamination facility and associated enabling and site works Address: South Tyrone Hospital, Carland Road, Dungannon, Decision: Decision Date: 08.12.2011

Ref ID: M/2008/0034/F Proposal: Proposed two storey dwelling and detached garage with a proposed vechicular access to Carland Road with this aligned on an existing private right of way accross Drumglass High School grounds Address: Land to the west of Drumglass High School Playing Field (playing field located adjacent Carland Road and opposite Altmore Drive) with access to Carland Road, Dungannon Decision: Decision Date: 12.05.2008

Ref ID: M/2002/0581/RM Proposal: Sites 1 & 2 of phase 1 of 30 no. house development including formation of entrance and site road Address: Lands Adjacent to Drumglass High School, Carland Road, Dungannon Decision: Decision Date: 13.02.2004

Ref ID: M/2000/1086/F Proposal: New access road to facilitate a development of new houses Address: Lands adjacent to Drumglass New High School Carland Road Dungannon Decision: Decision Date: 25.07.2007

Ref ID: M/1977/0450 Proposal: ERECTION OF THREE TEMPORARY CLASSROOMS Address: DUNGANNON SECONDARY SCHOOL, CARLAND ROAD, DUNGANNON Decision: Decision Date:

Ref ID: M/1987/0042 Proposal: NEW MOBILE CLASSROOM Address: DUNGANNON SECONDARY SCHOOL, CARLAND ROAD, DUNGANNON Decision: Decision Date:

Ref ID: M/2000/0329/O Proposal: Site for two storey dwelling Address: Site immediately west of Drumglass High School Carland Road Dungannon Decision: Decision Date: 31.10.2000

Ref ID: M/1983/0182 Proposal: 1 NO MOBILE CLASSROOM Address: SECONDARY SCHOOL, CARLAND ROAD, DUNGANNON Decision: Decision Date:

Ref ID: M/1998/0853 Proposal: Erection of Replacement School, and associated playing fields, including the demolition of the existing school Address: DRUMGLASS HIGH SCHOOL CARLAND ROAD DUNGANNON Decision: Decision Date:

Ref ID: M/1982/0195 Proposal: ERECT MOBILE CLASSROOMS Address: DUNGANNON SECONDARY SCHOOL, CARLAND ROAD, DUNGANNON Decision: Decision Date:

Ref ID: M/1986/0420 Proposal: SITING OF 2 NO 1 TONNE LPG TANKS WITHIN A 2.4 METRE HIGH FENCED Address: DUNGANNON SECONDARY SCHOOL, CARLAND ROAD, DUNGANNON Decision: Decision Date:

Ref ID: M/1991/6085 Proposal: New Secondary School Carland Road Dungannon Address: Carland Road Dungannon Decision: Decision Date:

Ref ID: M/2014/0510/O Proposal: Renewal of outline planning permission for single residential dwelling for family members Address: 60m South of Old Dungannon Secondary School, Drumglass townland, Decision: PG Decision Date: 21.01.2015

Ref ID: LA09/2015/0256/F Proposal: Erection of 51 houses, 46 semi detached houses, 5 detached houses, estate roads and ancillary works Address: Earls Court, Carland Road, Dungannon, Decision: Decision Date: Summary of Consultee Responses

Drawing Numbers and Title

Development Management Officer Report Committee Application

Summary Committee Meeting Date: 1st November Item Number: 2016 Application ID: LA09/2015/0845/F Target Date: 04.01.2016 Proposal: Location: Change of house type under construction 100m East of 99 Tullyvar Road Aughnacloy approved M/2013/0225/F

Referral Route:

Objections received

Recommendation: APPROVE Applicant Name and Address: Agent Name and Address: Halingsham Ltd J Aidan Kelly Ltd Kells Co. Meath 50 Tullycullion Road Dungannon BT70 3LY

Executive Summary:

Change of house type application where there is a concern about surface water flooding.

Signature(s):

Application ID: LA09/2015/0845/

Case Officer Report Site Location Plan

Consultations: Consultation Type Consultee Response Statutory Transport NI - Enniskillen Advice Office Non Statutory Rivers Agency Substantive Response Received

Non Statutory Rivers Agency Substantive Response Received

Statutory Transport NI - Enniskillen Advice Office Non Statutory Rivers Agency Substantive Response Received

Non Statutory Rivers Agency Add Info Requested

Representations: Letters of Support None Received Letters of Objection 2 Number of Support Petitions and No Petitions Received signatures Number of Petitions of Objection No Petitions Received and signatures Summary of Issues

Page 2 of 10 Application ID: LA09/2015/0845/

The key issue with this proposal is assessing material changes to an extant permission to construct a dwelling on site and to address the issue of surface water flooding which has been raised.

Characteristics of the Site and Area

The application site is located off Tullyvar Road along a tree lined laneway which serves two properties immediately to the south, Orchard House and Drone House. The site has foundations in place for a detached dwelling and its boundaries are well vegetated. There are also foundations in place for a dwelling immediately to the west. Immediately to the rear of the site are the expansive grounds of Aughnacloy Golf Club. The site is approximately 1 kilometre from Aughnacloy village and the general character of the area is rural with housing largely located off laneways.

Planning Assessment of Policy and Other Material Considerations

Description of Proposal

Consent is sought to construct a large detached dwelling in lieu of applications previously approved for a house on site. This dwelling would be a large two storey structure with garage. The principle of a dwelling has previously been agreed by applications M/2005/0944/F (allowed on appeal) and M/2013/0225/F which was an amendment to the approved scheme.

Summary of Issues

In line with statutory consultation duties as part of the General Development Procedure Order (GDPO) 2015 an advert was placed in local newspapers and adjoining land owners were consulted by letter. Responses were received from both dwellings to the front of the site which can be summarised as follows;

Orchard House: There are two new sites to the rear of my house and Drone House and the issue is water/drainage form the sites on to our sites. The water runs directly into our properties. I have concern about future damage to my property, including the old stone wall to the rear which water gathers behind owing to the fall in land levels. The correct drainage needs to be in place to avoid this and how can we ensure that this happens?

Drone House: I would like to register my concerns regarding this application. I have suffered excess water running into my property. This has resulted in soil erosion which has blocked drains and sewage and caused my gate mechanism to fail.

Policy Considerations

The general principle of a dwelling has been agreed on this site therefore the only issues for consideration are any material changes from previously approved developments and the concern addressed above with regards to the drainage of the site.

Both previous approved applications permitted a large detached dwelling on the site. In that respect this new scheme is not significantly different and as stated the principle of a large detached dwelling is agreed. A large dwelling and garage would be constructed in substitute for the previously approved consent in 2013. I am content to advise the committee that on design and amenity grounds the current application as detailed in the submitted plans could be constructed on site without offending the relevant adopted policy. The general character of the

Page 3 of 10 Application ID: LA09/2015/0845/ immediate area is of large detached dwellings set on relatively generous plots. The scheme would successfully integrate within the surrounding area therefore complying with policies CTY13 & CTY14 of PPS21. There would be no adverse impact on the general amenity of neighbouring residents.

Transport NI have been consulted and are content with what is proposed subject to a condition agreeing sight splays.

Drainage Concerns

As outlined above in correspondence received there has been some concerns about drainage from the site onto the properties of adjoining neighbours. This resulted in the council consulting with Rivers Agency who advised that under PPS15 and policy FLD3 – Development and Surface Water – a Drainage Assessment would be required where there was a history of surface water flooding. The council was content that this was one such case. Therefore a Drainage Assessment was requested detailing how run off could safely be discharged.

There then followed a report submitted on behalf of the applicant by Lisbane Consultants dated April 2016. A response was received by the Rivers Agency dated 3rd June 2016. This raised concern that the submitted assessment did not consider overland flow paths and details addressing this were requested.

A further Drainage Assessment was received dated June 2016 and a response to its findings was received by Rivers Agency dated 15th July 2016. This requested further details to include;

- Storm run-off calculations - Location of soakaways marked on a drawing.

Land drain as mentioned in paragraph 6.4 of the Drainage Assessment

- Dimensions of land drain, capacity calculations. - Typical cross section through land drain. - Location of land drain along southern boundary and access road marked on a drawing.

A further report was received and dated October 2016. The Rivers Agency response received on 12th October 2016 stated the following;

“Rivers Agency, while not being responsible for the preparation of the report accepts its logic and has no reason to disagree with its conclusions. It should be brought to the attention of the applicant that the responsibility for the accuracy, acceptance of the Flood Risk Assessment and implementation of the proposed flood risk measures rests with the developer and their professional advisors”

The submitted details includes a plan of storm drainage including a land drain leading to the storm drain. If the details as submitted on drawing number 16-091/3 are put in place prior to any other development on site this should successfully address current issues with surface water flooding. I am content to recommend that this issue can be addressed subject to a condition agreeing the above.

Conclusion

In light of the above appraisal it is recommended that the proposed development is suitable and this location and that issues of surface water flooding can be addressed by the outlined

Page 4 of 10 Application ID: LA09/2015/0845/ measures which in turn can be agreed by condition. It is therefore recommended that consent is granted subject to conditions.

Neighbour Notification Checked Yes

Summary of Recommendation:

Consent is recommended.

Conditions/Reasons for Refusal:

Conditions

1. As required by Section 61 of the Planning Act (Northern Ireland) 2011, the development hereby permitted shall be begun before the expiration of 5 years from the date of this decision.

Reason: Time limit.

2. The vehicular access, including visibility splays of 2.0m x 33.0m and any forward sight distance shall be provided in accordance with Drawing No. 02 Rev 02 bearing the date stamp 24 FEB 2016 prior to the commencement of any other development hereby permitted. The area within the visibility splays and any forward sight line shall be cleared to provide a level surface no higher than 250mm above the level of the adjoining carriageway and such splays shall be retained and kept clear thereafter.

Reason: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users.

3. The existing mature trees and vegetation along the entire site boundaries shall be retained except where it is required to provide sight lines. No trees or vegetation shall be lopped, topped or removed without the prior consent in writing of the Council, unless necessary to prevent danger to the public in which case a full explanation shall be given to the Council in writing at the earliest possible moment.

Reason: In the interests of visual amenity.

4. No more than one dwelling shall be constructed within the site as outlined in red on the submitted plan numbered 01 bearing the date stamp 21 SEP 2015.

Reason: For the avoidance of doubt and to prevent a proliferation of dwellings at this location which would be contrary to rural policies of restraint.

5. The drainage details for the site as outlined in the submitted Drainage Assessment and detailed on drawing number 16-091/3 contained therein, by Lisbane Consultants dated October 2016 shall be carried out and completed as detailed prior to any other development hereby permitted and shall be retained in use thereafter.

Reason: In order to mitigate concerns about storm water run-off within the immediate vicinity.

Page 5 of 10 Application ID: LA09/2015/0845/

Informatives

Signature(s)

Date:

Page 6 of 10 Application ID: LA09/2015/0845/

ANNEX

Date Valid 21st September 2015

Date First Advertised 6th October 2015

Date Last Advertised

Details of Neighbour Notification (all addresses) The Owner/Occupier, 10 Lissanderry, Drone, Aughnacloy BT69 6BD The Owner/Occupier, 11 Lissanderry, Drone, Aughnacloy BT69 6BD The Owner/Occupier, 99 Tullyvar Road Drone Aughnacloy Peter Devlin Email Fern Ross Email

Date of Last Neighbour Notification

Date of EIA Determination ES Requested No

Planning History

Ref ID: M/2013/0225/F Proposal: Amendment to previous approval M/2005/0944/F in respect of house type and including garage Address: 100m east of 99 Tullyvar Road, Aughnacloy, Decision: PG Decision Date: 20.06.2013

Ref ID: M/2013/0222/F Proposal: Amendment to previous approval M/2006/0288/F in respect of house type and including domestic garage Address: 80m east of 99 Tullyvar Road, Aughnacloy, Decision: PG Decision Date: 20.06.2013

Ref ID: M/2004/0362/F Proposal: proposed dwelling house Address: 125m SE of 99 Tullyvar Road, Aughnacloy Decision:

Page 7 of 10 Application ID: LA09/2015/0845/

Decision Date: 03.09.2004

Ref ID: M/2005/2432/F Proposal: Alteration of access location & erection of entrance walls/gates and bridge walls Address: Junction of Tullyvar Road & Cockhill Road, Aughnacloy. Decision: Decision Date: 30.05.2006

Ref ID: M/2005/0944/F Proposal: Proposed dwelling Address: 100m East of 99 Tullyvar Road, Aughnacloy Decision: Decision Date:

Ref ID: M/2005/2253/F Proposal: Retention of dwelling (change of house type as approved under file ref. M/04/0362/F) Address: 125m South East of 99 Tullyvar Road Aughnacloy Decision: Decision Date: 10.01.2006

Ref ID: M/2005/0398/F Proposal: Proposed dwelling Address: 155m SE of 99 Tullyvar Road, Aughnacloy Decision: Decision Date:

Ref ID: M/1993/0392 Proposal: New Access road, carparking, Golf course, practice area and change of use of out building to changing rooms. Address: 99 TULLYVAR ROAD LISSANDERRY AUGHNACLOY Decision: Decision Date:

Ref ID: M/2005/2252/F Proposal: Retention of dwelling- (change of house type as approved under file ref. M/04/1338/F) Address: 130m South East of 99 Tullyvar Road Aughnacloy Decision: Decision Date: 10.01.2006

Ref ID: M/2006/0238/F Proposal: Proposed dwelling house

Page 8 of 10 Application ID: LA09/2015/0845/

Address: 50m East of 99 Tullyvar Road, Dungannon Decision: Decision Date:

Ref ID: M/2004/1338/F Proposal: Proposed dwelling house Address: 130m South East of 99 Tullyvar Road, Aughnacloy Decision: Decision Date: 20.10.2004

Ref ID: M/2006/0243/F Proposal: Proposed dwelling house Address: 80m South of 99 Tullyvar Road, Dungannon Decision: Decision Date:

Ref ID: M/2008/1083/A Proposal: Promotional Sign Address: 99 Tullyvar Road, Aughnacloy Decision: Decision Date: 16.12.2008

Ref ID: M/1998/0766 Proposal: Proposed Change of use of Licensed Bar and Restaurant to Public Bar Address: LISANDERRY GOLF AND COUNTRY CLUB 99 TULLYVAR ROAD DRONE AUGHNACLOY Decision: Decision Date:

Ref ID: M/2014/0316/F Proposal: 2 Number driving range safety nets 12m high Address: 99a Tullyvar Road, Augnacloy, Decision: PG Decision Date: 31.10.2014

Ref ID: LA09/2015/0845/F Proposal: Change of house type under construction approved M/2013/0225/F Address: 100m East of 99 Tullyvar Road, Aughnacloy, Decision: Decision Date:

Page 9 of 10 Application ID: LA09/2015/0845/

Summary of Consultee Responses

Details as within the report.

Drawing Numbers and Title Drawing No. 01 Type: Site Location Plan Status: Submitted

Drawing No. 03 Type: Proposed Plans Status: Submitted

Drawing No. 02A Type: Site Layout or Block Plan Status: Submitted

Page 10 of 10

Application ID: LA09/2015/1044/F

Development Management Officer Report

Committee Application

Summary Committee Meeting Date: Item Number: Application ID: LA09/2015/1044/F Target Date: Proposal: Location: Change of use to activity farm utilising existing 50m West of 131 Orritor Road Cookstown farm buildings, farm diversification

Referral Route: 3rd Party Objection

Recommendation: Approve Applicant Name and Address: Agent Name and Address: Mr J Faulkner RJ Studio 131 Orritor Road 1 Sloans Court Queen Street Cookstown Ballymena BT42 2BD

Case Officer: Paul McClean

Signature(s):

Application ID: LA09/2015/1044/F

Case Officer Report Site Location Plan: 01

Neighbour Notification Checked: Yes Description of proposal This is a full planning application for the change of use to activity farm utilising existing farm buildings, farm diversification project.

Characteristics of Site and Area This is an irregular shaped plot located at the junction with Maloon Road and Orritor Road and is located within the development limits of Cookstown, to the north west of the settlement. On site there is currently existing disused agricultural buildings and hardstand area. The eastern half of Orritor Road boundary is defined by a pedestrian footway, stone wall and higher dash rendered block wall. The remained of this boundary is defined by a 2m high hawthorn hedge. Access to the site can be gained from Orritor Road. The northwest boundary facing McKinney Park is defined by a post and wire fence and you are looking down on No. 35 Orritor Road when standing within the site. Dwelling in McKinney Park are also visible. The northern boundary of the site is shared with No. 2a Maloon Road and is defined by a retaining stone/block wall. Land to the north is on higher ground. The eastern boundary to the north of the site is shared with No. 2 Maloon Road, a 2 storey dwelling which has now been removed. There is an existing access point to the site from Maloon Road which is in control of the applicant.

Application ID: LA09/2015/1044/F

There is an arbitrary line drawn through the site to the SE, which excludes building further to the SE which read with the existing farm grouping outside the site. A number of buildings are included within the red line, and these are currently being, or were last used for, agricultural operations.

The site is surrounded by residential development within the development limits on the outskirts of Cookstown. The site also bounds phase 2 housing land to the north as defined in the Cookstown Area Plan. Further west the character changes to Countryside, while further east it becomes more urban and built up. It seems that the town has enveloped this farm holding over the years as Cookstown expanded along the Orritor Road.

Planning Assessment of Policy and Other Material Considerations

Cookstown Area Plan 2010- un-zoned white land located within the development limits of Cookstown. The area plan has no guidance for how this site should be developed.

Relevant Planning History Adjacent and SE of the site, permission has been granted under I/2014/0406/F- Conversion from barn to 3 no. holiday units on 30.03.2015

3rd Party Objections A 3rd party objection was received and raised the following issues; -the proposal would have a detrimental impact on existing private residential amenity due to traffic, number of visitors, proposed uses within the site, -The proposal would have a detrimental impact on the existing character of the area as the proposed commercial use would be out of keeping with the area. -the proposal would have a detrimental impact on existing property values

These concerns will be taken into consideration in the assessment of this proposal.

Planning Policy and assessment The Strategic Planning Policy Statement for Northern Ireland (SPPS) introduced in September 2015 is a material consideration in determining this application. The SPPS states that a transitional period will operate until such times as a Plan Strategy for the whole of the council area has been adopted. During the transitional period planning authorities will apply existing policy contained within identified policy documents together with the SPPS. Paragraph 1.12 of the SPPS states that any conflict between the SPPS and any retained policy must be resolved in the favour of the provisions of the SPPS.

Paragraph 5.27 states that planning authorities should be guided by the principle that sustainable development should be permitted...unless the proposed development will cause demonstrable harm.

The applicant has described his proposal as a farm diversification scheme. Policy CTY11 of PPS21 Sustainable Development in the Countryside lists a set of criteria that has to be met for a farm diversification scheme to be considered acceptable. This policy, however, is not applicable in this instance as the site is located with the limits of Cookstown, and the policy provisions of PPS21 apply only to development in the countryside. This policy does however highlight that farm diversification proposal should not result in the detrimental impacts; -to the character of the area, -on natural or built heritage -on the on the amenity of nearby residential dwellings

Application ID: LA09/2015/1044/F

The proposal is for a the change of use of existing agricultural building and hardstand areas to an Activity Farm. The proposal will include; -play barn -sandpit play area -maze -ancillary BBQ and cafe area and associated outdoor terrace -animal petting and enclosure -ancillary office -coach/car parking area

Initially the P1 form stated that the facility would cater for up to 158 people per day including staff. This has been revised down to a total of 58 visiting the site daily, including staff.

This proposal can be seen as a potential tourist recreation activity for Cookstown. PPS16 Tourism Policy TSM1 Tourism Development in Settlements. This policy states that planning permission will be granted for a proposal for tourism development within a settlement; provided it is of a nature appropriate to the settlement, respects the site context in terms of scale, size and design, and has regard to the specified provisions of a development plan.

Environmental Health were consulted to comment on potential impacts of noise, and to consider the letter of objection that was received. Their original reply requested a Noise Impact assessment to be carried out, details about external lighting of the site, and a farm management plan in relation to potential impacts of odour. A Noise report and farm management Plan were both received and on 30/06/2016 Environmental Health responded stating that they had no objections with this proposal subject to the applicant/agent clarifying that the noise report is in fact the finalised report as it is marked 'draft'. This was clarified by the agent in an e-mail dated 15/08/2016. Environmental Health also provided proposed conditions should permission be granted. On discussion with colleagues, all conditions but 2 and 6 meet the tests of a condition and should be applied to any decision notice should permission be granted. Proposed conditions no. 2 and 6 can be attached as informatives should permission be granted.

During group discussions on this proposal, it was decided to seek the farming credentials from the applicant to see if the holding was currently established. DAERA confirmed that the agricultural business ID number is the result of 3 previous farm numbers being merged. While the new farm number has not been in existence for over 6 years, the previous 3 numbers have been in existence from at least 2004.

Given that Environmental Health has accepted the findings of Noise Impact Assessment in relation to all activities associated with this proposal, subject to planning conditions, and the fact that the existing buildings can be used to carry out farming activities from, it is my opinion that this proposal will not have a detrimental impact on adjacent residential amenity in terms of noise. Environmental Health have also accepted the Farm management scheme in terms of keeping impacts of odour to an acceptable level. I recommend that permission be granted subject to Environmental health conditions in relation to opening hours and noise levels experienced at nearby residential properties.

There does not seem to be any flood lighting associated with this proposal. Low level bollard lighting is proposed, and these are identified on the proposed block plan. These can be conditioned to be no more than 2 metres above groudlevel at that point which will mean that light from these will be blocked by proposed boundary fencing. The car-park is proposed to to be bounded by a 2 m high close boarded fence. This will assist with retaining car head lights from impacting on residential amenity, and will assist with reducing noise levels of car doors opening and closing, plus engines starting and stopping. Noise conditions will also be attached and should these noise levels be exceeded, further mitigation measures can be explored through our enforcement team.

Application ID: LA09/2015/1044/F

The character of the area is currently mostly residential. While the existing farm holding does not seem to be in daily use, there is nothing stopping the applicant from operating this holding as a busy farm yard. It is my view that the proposed use, in comparison to a busy farm holding, would likely have less an impact on adjacent residential amenity in terms of noise and odour impacts. The proposal will have to be better managed as children will be attending the premises on a daily basis. In my opinion the character of this area of Cookstown will not be adversely impacted.

The proposal will utilise existing buildings, therefore visual impact on the area will not change. There will be no issues of overlooking or overshadowing of neighbouring properties.

The hedge line along the Orritor Road will be retained and will reduce the visual impact of the proposed carpark in this landscape.

In terms of the 3 party objector concerns, I feel these have been satisfactorily addressed above, and subject to conditions no detrimental impacts on residential amenity or the character of the area will be experienced. In terms of concern about impact on property prices, SPPS paragraph 2.3 states that...The basic question is not whether owners and occupiers of neighbouring properties would experience financial or other loss from a particular development, but whether the proposal would unacceptably affect amenities and the existing use of land and buildings that ought to be protected in the public interest. In my view, subject to conditions, there proposal will not demonstrably harm the amenities of nearby properties and the external residential amenities areas can still be enjoyed as part of the existing properties.

As the proposal is located within the development limits of Cookstown, policy DES 2- Townscape of A Planning Strategy for Rural NI has to be considered. As stated above, the external appearance of the buildings will not be changing, and existing buildings will be used for the proposed development. Therefore townscape will not be changing.

Other considerations The proposal will not have a detrimental impact on the natural or built environment. The site is not subject to flooding and there are no land contamination or human health impacts to consider. Transport Ni have no objections to the proposal subject to conditions.

Summary of Recommendation: That planning permission be granted subject to the following conitions.

Conditions

1. As required by Section 61 of the Planning Act (Northern-Ireland) 2011, the development hereby permitted shall be begun before the expiration of 5 years from the date of this permission.

Reason: Time Limit.

2. The activity farm hereby permitted shall operate only between the hours of 09:00 and 21:00 hours only.

Reason: In the interest of residential amenity.

Application ID: LA09/2015/1044/F

3. A 2 m high close boarded boundary fence shall be in place within the area highlighted in yellow on drawing No. 02 rev1 date stamp received 25th July 2016, prior to the commencement of use hereby approved and shall be permanently retained thereafter. The fence as constructed shall be capable of providing acoustic screening of 10dB.

Reason: To safeguard existing residential amenity.

4. All service plant installed shall not exceed 37dB Lar at 3m from the source.

Reason: To safeguard residential amenity.

5. Noise from any service plant shall not exceed 37 dB Lar at neighbouring properties.

Reason: To safeguard existing residential amenity.

6. The existing hedge, indicated on drawing No. 02 rev1 date received 25th July 2016, shall be permanently retained.

Reason: In the interest of visual amenity.

7. The cafe/barbeque area granted as part of this permission shall be used as ancillary to the activity farm hereby permitted only and shall not operate independently of this use, unless otherwise agreed by Mid Ulster Council.

Reason: To safeguard the character of this area and to safeguard existing residential amenity.

8. The vehicular access, including visibility splays of 2.4m x 90m in both directions, shall be in place, in accordance with Drawing No. 02rev1 bearing the date stamp 25th July 2016, prior to the commencement of any other works or other development hereby permitted and shall be permanently retained thereafter.

Reason: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users.

9. The area within the visibility splays and any forward sight line shall be cleared to provide a level surface no higher than 250 mm above the level of the adjoining carriageway before the development hereby permitted is commenced and such splays shall be retained and kept clear thereafter.

Reason: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users.

Signature(s)

Date:

Application ID: LA09/2015/1044/F

ANNEX

Date Valid 30th October 2015

Date First Advertised 9th November 2015

Date Last Advertised

Details of Neighbour Notification (all addresses) The Owner/Occupier, 131 Orritor Road Maloon Cookstown The Owner/Occupier, 135 Orritor Road,Maloon,Cookstown,Tyrone,BT80 9RB, The Owner/Occupier, 2 Maloon Road,Maloon,Cookstown,Tyrone,BT80 9RA, The Owner/Occupier, 2A Maloon Road,Maloon,Cookstown,Tyrone,BT80 9RA, Yvonne Black 2A, Maloon Road, Cookstown, Tyrone, Northern Ireland, BT80 9RA

Date of Last Neighbour Notification 15th August 2016

Date of EIA Determination ES Requested Yes /No

Planning History

Ref ID: I/2012/0431/F Proposal: Replacement dwelling Address: 2, Maloon Road, Cookstown, BT80 9RA, Decision: PG Decision Date: 20.02.2013

Ref ID: I/2003/0181/F Proposal: Housing Development Address: Housing Zone H18 , lands north of 99 -117 Orritor Road, Cookstown. Decision: Decision Date: 23.06.2010

Ref ID: I/1993/6026 Proposal: Site Orritor Road Cookstown Address: Orritor Road Cookstown Decision: Decision Date:

Application ID: LA09/2015/1044/F

Ref ID: I/1983/018701 Proposal: RETIREMENT DWELLING Address: MALOON, COOKSTOWN Decision: Decision Date:

Ref ID: I/1983/0187 Proposal: DWELLING Address: MALOON ROAD, COOKSTOWN Decision: Decision Date:

Ref ID: I/2000/0540/F Proposal: Extension to dwelling and conversion of roof space Address: 135 Orritor Road Cookstown Decision: Decision Date: 05.10.2000

Ref ID: LA09/2015/1044/F Proposal: Change of use to activity farm utilising existing farm buildings farm diversification Address: 50m West of 131 Orritor Road, Cookstown, Decision: Decision Date:

Ref ID: I/2014/0406/F Proposal: Conversion from barn to 3 no. holiday units Address: 20m West of 131 Orritor Road, Cookstown, Decision: PG Decision Date: 30.03.2015

Summary of Consultee Responses

Drawing Numbers and Title

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Drawing No. 01 Type: Site Location Plan Status: Submitted

Drawing No. 02 Type: Site Layout or Block Plan Status: Submitted

Notification to Department (if relevant)

Date of Notification to Department: Response of Department:

Development Management Officer Report Committee Application

Summary Committee Meeting Date: Item Number: Application ID: Target Date: 1)LA09/2015/1107/F 2) LA09/2016/0069/F 3) LA09/2016/0072/F 4) LA09/2016/0427/F Proposal: Location: 1) Retention of existing commercial 106 Syerla Road Dungannon BT71 7ET building(4472sqm), 2) Storage Building Extension (additional 990sqm floor space), 3) Retention of existing industrial/commercial buildings (3146sqm floor space in total), 4) Proposed storage building (1980sqm)

Referral Route: At the request of the Planning Manager. These applications together constitute Major Development as set out in the Planning (Development Management) Regulations (NI) 2015, which should come before the Planning Committee following extensive public consultation.

Recommendation: Approve Applicant Name and Address: Agent Name and Address: O and S Holdings Ltd J Aidan Kelly Ltd 106 Syerla Road 50 Tullycullion Road Dungannon Dungannon BT71 7ET BT70 3LY

Executive Summary: These 4 applications relate to the retention of and extension to a large established joinery workshop in the countryside. Access improvements have been carried out to TNI specifications and a landscaping scheme has been submitted.

Signature(s): Case Officer Report Site Location Plan

Consultations: Consultation Type Consultee Response Statutory Rivers Agency Advice

Statutory Transport NI - Enniskillen Advice Office Statutory Rivers Agency Advice

Statutory Transport NI - Enniskillen Advice Office Non Statutory Environmental Health Mid Substantive Response Ulster Council Received

Non Statutory Environmental Health Mid Substantive Response Ulster Council Received

Statutory Transport NI - Enniskillen Standing Advice Office Non Statutory Environmental Health Mid Add Info Requested Ulster Council Statutory Rivers Agency Advice

Statutory Rivers Agency Content

Representations: Letters of Support None Received Letters of Objection None Received Number of Support Petitions and No Petitions Received signatures Number of Petitions of Objection and No Petitions Received signatures Summary of Issues The applications are for the retention of development that, cumulatively, is Major Development as defined in the Planning (Development Management) Regulations (NI) 2015.

Characteristics of the Site and Area O & S doors occupies a 7.8ha site off the Seryla Road south of Dungannon and mid may between Eglish and Moy. Views into the site are limited, considering the scale of the development on the site. Established buildings and approved buildings are finished with brown cladding and red flashing, there is a large car parking area and access is off Seryla Road. At the time of the initial inspection all the buildings were erected, except that in application LA09/2016/0427/F, access to the site from Seryla Road was substandard and there was a secondary access onto Culverog Road. Subsequent inspections confirm that access onto Seryla Road has been upgraded to an acceptable standard and the access onto Culverog Road has been closed up. The site is within a local valley and is visible from long a distance from Gorestown Road to the north and is viewed up close from Culverog Road to the south, though it is at lower level than Culverog Road. Development around the site is primarily private residential with farm land and buildings around it. The overall area is drumlin landscape which limits intervisibility of development.

Planning Assessment of Policy and Other Material Considerations

Members are advised in 1998 a retrospective planning consent was granted for a kitchen manufactures workshop at this location, following a fire that destroyed the building planning permission was granted for a new 3600sqm workshop. In November 2015, an application was submitted demonstrating that approx. 31,700sqm of floorspace for the manufacture of doors including associated storage, office uses and activities, was immune from enforcement action due to the length of time it had been on site. A Lawful Development Certificate was issued in February 2016. In total buildings on the site with a floor space of approx. 35300sqm has been established.

These 4 applications relate to buildings with a floor area of approx. 10,600sqm and a yard extension of approx 7200sqm in area. The majority of the buildings are extensions to and filling in the areas between the existing established buildings on the site. 2 new buildings are located at the NE of the site and while one of these was proposed at the time of the application, members are advised all the buildings subject to these applications currently exist on site.

The development is located within the countryside as defined in the Dungannon and South Tyrone Area Plan 2010 and there are no specific policies in the plan to support this development.

The Strategic Planning Policy Statement for Northern Ireland advises that appropriate expansion proposals will be accommodated where they can be integrated in a satisfactory manner and does not significantly change the established policies. These applications are considered against the policies contained within Planning policy Statement (PPS) 2 – Natural Heritage, PPS3 – Access, Movement and Parking, PPS4 – Planning and Economic Development, PPS15 – Planning and Flood Risk and PPS21 –Sustainable Development in the Countryside.

Committee members are advised that policies for expansion of established economic development proposals in the countryside are generally permissive provided a number of criteria are met.

The existing established buildings on the site have a floor area of approx. 35300sqm on an established site which is 4.8ha in area. The development, subject to these applications, is for 10,588sqm of floor space and a site area by 1.6ha, which, when taken in isolation, appears to be a significant amount of development. However members, this equates to an increase in the amount of floorspace of approx 33% or 1/3, the majority of this is through infilling between existing buildings on the site and small sideways extensions to enclose external plant and machinery. I consider these extensions are of an appropriate scale to the established buildings on the site. I have been inside the buildings on the site and the existing floorspace within the buildings is being used, the only building that was not being used was the building subject to application LA09/2016/0427/F as it was not constructed at the time of my visit. In light of there being no available floorspace for storage of the high end products, I consider the new buildings at the NE of the site which are for storage purposes only, are necessary on the site. All the development being considered for retention is constructed in the same materials, colours and finishes as the existing buildings on the site. The extensions to the buildings are all within the site the existing buildings provide integration for these.

The new buildings are most visible from Culverog Road and while I consider them of an appropriate scale to the surrounding environment, they require additional landscaping to assist satisfactory integration. A landscaping plan has been submitted which proposes a native species landscaping around the site, I consider this will assist in the integration of the buildings and also promote biodiversity. To ensure this is completed I recommend attaching a condition requiring the provision of the landscaping within 6 months and any vegetation that dies is replaced within the first 5 years.

Shared Environmental Services have assessed the impacts of the proposed developments in light of the assessment requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc) Regulations (Northern Ireland) 1995 (as amended). The potential impact of this proposal on Special Protection Areas, Special Areas of Conservation and Ramsar sites has been assessed in accordance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc) Regulations (Northern Ireland) 1995 (as amended). The proposal would not be likely to have a significant effect on the features of any European site. NIEA has referred to standing advice and indicated the development is located within a broad area known for wading birds.In light of the SES comment I consider the issues have been adequately considered and the development is unlikely to have any significant impacts on wading birds.

The Environmental Health Officers have considered these applications and noise assessments have been provided to assist them. EHO have some concerns about noise from the development and have suggested a number of conditions to protect the neighbouring amenity. These conditions relate to: limiting the hours of operations from 0700hrs to 2300hrs Monday to Friday; specifying noise reduction materials for the walls and roofs of the buildings that are the subject of these applications; setting limits for noise outside the buildings and limit the number of HGV’s visiting the site. While I accept the reason for these conditions, it is important to note the existing working practices at the site are 7.00am – 5.30pm and 6.00pm to between 2.00am and 4.00am. The majority of the operations are carried out within the existing established buildings and the Council has, limited control over these established buildings and uses, as such I do not consider it is reasonable to attach a condition limiting the use of the buildings as EHO has suggested. I do consider it is appropriate to attach a condition relating to external noise levels and preventing the installation of external equipment without the prior written consent of the Council.

The development is not located within any area identified as a flood plain, Rivers Agency have been presented with a Drainage Assessment and have not raised any concerns about the development. TNI raised concerns about the safety of the access to the site, following discussion an agreement was reached on the required standard which involved improvement to Seryla Road and closing up access to Culverog Road. This amended access has been put in place and the access onto Culverog Road closed up. TNI did not raise any other concerns about the road networks capability to accommodate the traffic for this development. Due to the rural location of the development I do not consider it is appropriate to seek alternative modes of transport. The site has 124 car parking spaces for staff and I consider this is appropriate for this development, there is also a number of spaces for vehicles coming to the site and Health & Safety segregation of walkways and parking/turning areas shows there is adequate spaces for traffic to parking a turn.

Taking account of the all the relevant policies and the issues raised by the statutory consultees I recommend these applications are approved. Neighbour Notification Checked Yes

Summary of Recommendation: Approve with conditions relating to the provision of landscaping, hours of operation and noise control.

Conditions:

Within 6 months of the date of this permission, the landscaping scheme, as detailed on drawing no 06 bearing the stamp dated 26 JUN 2016 shall be provided. Any tree, shrub or plant that dies within the first 5 years of planting shall be replaced in the same location with a similar size and species.

Reason: To ensure the development integrates into the countryside.

No external plant shall be fitted to any of the buildings that are the subject of any of these applications, without the prior written consent of Mid Ulster Council.

Reason: In the interest of residential amenity.

Signature(s)

Date: ANNEX

LA09/2015/1107/F – Retention of extension to existing industrial/ commercial building (4472sq m floor space in total)

LA09/2016/0069/F – Storage Building Extension (additional 990m sq floorspace)

LA09/2016/0072/F - Retention of Existing Industrial/Commercial Buildings (3,146m sq floor space in total)

LA09/2016/0427/F - Proposed storage building additional 1980m Sq Details of Neighbour Notification (all addresses) The Owner/Occupier, 100 Syerla Road Drumay Dungannon The Owner/Occupier, 103 Syerla Road Drumay Dungannon The Owner/Occupier, 104 Syerla Road Drumay Dungannon The Owner/Occupier, 107 Syerla Road Drumay Dungannon The Owner/Occupier, 7 Culrevog Road Anagasna Glebe Dungannon The Owner/Occupier, 98 Syerla Road Drumay Dungannon

Date of Last Neighbour Notification Date of EIA Determination 17th October 2016 ES Requested No

Planning History

Ref ID: LA09/2015/1107/F Proposal: Retention of extension to existing industrial/ commercial building (4472sq m floor space in total) Address: 106 Syerla Road, Dungannon, BT71 7ET, Decision: Decision Date:

Ref ID: LA09/2015/1074/LDE Proposal: The use of the land for the manufacture of doors including associated ancillary storage, office uses and activities, under class B2 of the planning (use Classes)order (Northern Ireland) 2015. The erection and use of buildings 3,4,6,8,10,12,13,13a, 14,15, 17, 18 ,19, 20 and21 as identified on drawing No. 3182-P-02 for the uses together with the access and associated hard standing. Address: 106 Syerla Road, Benburb, Dungannon, BT71 7ET, Decision: Decision Date:

Ref ID: M/1998/0888 Proposal: Proposed car parking at existing kitchen manufacturing business Address: 106 SYERLA ROAD BENBURB Decision: Decision Date:

Ref ID: M/2003/0709/F Proposal: Erection of store at existing kitchen manufacturing business Address: 106 Syerla Road, Benburb Decision: Decision Date: 20.08.2003

Ref ID: M/2000/0864/F Proposal: Proposed demolition of fire damaged workshop and erection of new workshop at existing kitchen manufacturing works. Address: Approx. 130m east of 106 Syerla Road, Benburb Decision: Decision Date: 12.06.2001

Ref ID: M/2001/0400/O Proposal: Erection of a 2 Storey replacement dwelling Address: Approx 50m South East of 106 Syerla Road Benburb Decision: Decision Date: 18.06.2001

Ref ID: M/1998/0691 Proposal: Retention of joinery workshop to existing kitchen manufacturers business Address: 106 SYERLA ROAD BENBURB Decision: Decision Date:

Summary of Consultee Responses

Notification to Department (if relevant)

Date of Notification to Department: Response of Department:

Development Management Officer Report Committee Application

Summary Committee Meeting Date: Item Number: Application ID: LA09/2015/1215/F Target Date: Proposal: Location: ---Erection of 24 no Dwellings consisting of Lands East of No 21 Magherafelt Road and detached and semi detached and associated North of No's 15 and 40 Fairlea Heights siteworks Moneymore

Referral Route: Approval – objections received

Recommendation:Approval Applicant Name and Address: Agent Name and Address: A N Property McAdam Stewart Architects 146 Pomeroy Road Banbridge Enterprise Centre Dungannon Scarva Road BT70 2TY Banbridge BT32 3QD

Executive Summary:

Signature(s): Lorraine Moon

Case Officer Report Site Location Plan

Consultations: Consultation Type Consultee Response Non Statutory Environmental Health Mid Add Info Requested Ulster Council Non Statutory Environmental Health Mid Ulster Council

Statutory Transport NI - Enniskillen Advice Office Non Statutory Environmental Health Mid Ulster Council Non Statutory Environmental Health Mid Substantive Response Ulster Council Received

Non Statutory NI Water - Multi Units West - Substantive Response Planning Consultations Received

Non Statutory Environmental Health Mid Substantive Response Ulster Council Received

Statutory Transport NI - Enniskillen Office Statutory Transport NI - Enniskillen Advice Office Statutory Transport NI - Enniskillen Advice Office Non Statutory Health & Safety Executive for No Objection NI Representations: Letters of Support None Received Letters of Objection 4 Number of Support Petitions and No Petitions Received signatures Number of Petitions of Objection and No Petitions Received signatures Summary of Issues Objections received

Characteristics of the Site and Area

The proposal site is currently an area of scrub land sited directly north of Fairlea Heights a long established housing development and directly south of Gallion Way, a relatively newly built housing development. Both neighbouring housing developments have a variation of housing types. Access is currently obtained through Fairlea Heights until the roadway ends, it is proposed that this access is extended into the proposed housing development. The site currently overgrown and undulating in levels within the site. There are strong boundaries to all sides of the proposal site. An existing industrial business - Electro-tech machinery- exists adjacent on the western boundary of the proposed site which sits at a lower level than the proposal site.

Planning Assessment of Policy and Other Material Considerations

I have assessed this proposal under the following:

SPSS Magherafelt Area Plan 2015 Creating Places PPS3 - Access, Movement _ Parking

PPS7 - Safeguarding the character of established residential areas

Consultees: - Transportni were asked to comment and responded on 22.12.2015 requesting for additional/amended info. This was received and transportni reconsulted, they responded on 08.03.2016 and 09.05.2016 with more amendments/additional info required, this was received and the consultee reconsulted who then replied with no objections subject to conditions. NI Water were asked to comment and responded on 31.12.2015 with no objections. Environmental Health were asked to comment and responded on 18.02.2015 stating that as the proposal site is located in close proximity to an existing warehouse with Class B2 Light Industrial use (Electro-Tech Machinery Ltd) on occasion such an activity may on occasion result in impact upon the amenity enjoyed by the proposed development. Environmental Health were reconsulted with an amended acoustic report, they responded on 11.10.2016 with no objections subject to conditions. HSENI were asked to comment and responded on 17.02.2016 with no objections.

Neighbours notified: - Owners/occupiers of Nos 14, 15, 19, 38, 40 Fairlea Heights, Nos 21, 23, 25 Magherafelt Road and No 5 Gallion Way were notified of this proposal on 10.02.2016, 15.02.2016, 23.03.2016 and 04.04.2016. Several objections have been received with regards this proposal.

Objections: - Objection received from Electro-Tech Machinery Ltd on 31.03.2016 stating that they are concerned that an increase in hours of work to a shift pattern and generator and dust extraction unit will cause ongoing noise, light and dust etc. nuisance to the proposed neighbouring dwellings and as such would be opposed to the proposed development.

Objections were also received from several owner/occupiers as follows: - No 18 Fairlea Heights received on 26.02.2016 The main points raised that are concerning the resident are: - increase in levels of use of the small narrow roads within Fairlea Heights. - road safety - flooding – the objector has stated that there is an ongoing problem with flooding at the entrance to the development and queries whether if an approval were granted for this application would this issue not be exacerbated. NI Water were consulted with this application and raised no issues, in addition I checked flood maps on the portal and Rivers Agency flood maps and both these sources confirmed that the site nor any adjoining land was affected by flooding issues. - increase to noise and traffic safety issues for extra traffic produced.

- No 19 Fairlea Heights received on 25.02.2016 The main points raised that are concering the resident are: - the access point for the new development is through Fairlea Heights as opposed to a new access point elsewhere - potentially increasing flooding in and around site - extra noise and traffic issues for Fairlea Heights residents

All objections were forwarded onto consultees, no additional comments were made following this.

In line with legislation this proposal was advertised in several local press publications during December 2015 and no representations have been received to date.

The proposal site is within the settlement limits of Moneymore as per Cookstown Area Plan and also within 'land unsuitable for housing due to adjacent Industrial process', as such the Health

and Safety Executive for Northern Ireland were asked to consult on 26.01.2016 and responded on 17.02.2016 with no objections as the neighbouring quarry is no longer operational.

Proposal site is to be surrounded by fence and/or wall as per plan No.11. Location suitable for local facilities and services and close to infrastructure and all proposed sites have off street parking, all have detached single storey garages. All properties have an acceptable level of private amenity space and no public open space is required. All the back garden provisions for this proposed development are in excess of 40sqm and are considered acceptable for these house types. The proposal site is located adjacent to 2 established housing areas, the land currently is vacant and overgrown, the density of the proposed housing development has a density that is in keeping with that of the surrounding existing development. In addition the pattern of development is in keeping with the overall character of the larger area. The proposed dwelling types and sizes are in keeping with guidelines set out in Annex A of PPS7. It is my opinion that this proposal would create a quality and sustainable residential environment. It would not impact negatively on the surrounding existing dwellings and it has been demonstrated that adequate provision has been shown to prevent nuisance from any neighbouring land uses by additional buffering/boundary treatment and interior and exterior design measures so as to limit potential interference to the future occupants of the dwellings. The proposal would have no impact on the archaeological or built heritage and full and acceptable landscape details have been provided. Upon consideration of the submitted objections and proposal it is my opinion that this scheme would not create conflict with adjacent land uses and there should be no inacceptable adverse effect on existing or proposed properties in terms of overlooking, loss of light, overshadowing, noise or other disturbance. The points raised by the neighbouring residents regarding the access can be dealt with by a temporary condition during construction and the points raised by the neighbouring business has been dealt with as previously discussed by additional buffering and interior and exterior design changes.

There are 5 different house types propose : 2 dwellings proposed to be house type A (sites 10 _ 15) - 2 storey detached with an approx. ridge height of 8metres 4 dwellings proposed to be house type B (sites 1, 11, 14 _ 24) - 2 storey 4 bedroom, detached dwelling with a ridge height of approx. 8metres 8 dwellings proposed to be house type C (sites 2, 3, 6, 7, 16, 17, 20 _ 21) - 2 storey 3 bedroom semi-detached with an approx. ridge height of 8metres 8 dwellings proposed to be house type D (sites 4, 5, 8, 9, 18, 19, 22 _ 23) - 2 storey 3 bedroom semi-detached with an approx. ridge height of 8 metres 2 dwellings proposed to be house type E (sites 12 _ 13) - 2 storey 3 bedroom semi-detached with an approx. ridge height of 8.4metres

The proposed development is located in close proximity to an existing warehouse - Electro-Tech Machinery Ltd with Class B2 Light Industrial use. Such an activity may on occasion result in impact upon the amenity enjoyed by the proposed development. The applicant should be advised that nuisance action cannot be used to subsequently address these prevailing conditions and that only future increases or intensification of adverse impacts may be considered in the determination of nuisance.

In email dated 10th March Sean Hackett from Transportni stated that the existing access is fit for purpose and will support the proposed development. It was discussed with Transportni for the existing industrial access NW of the proposal site to be used for construction traffic then closed once development built, this point could be conditioned.

Neighbour Notification Checked Yes

Summary of Recommendation: Approval

Conditions:

1. As required by Section 61 of the Planning Act (Northern Ireland) 2011, the development hereby permitted shall be begun before the expiration of 5 years from the date of this permission.

Reason: Time Limit.

2. The access gradient(s) to the dwelling(s) hereby permitted shall not exceed 8% (1 in 12.5) over the first 5m outside the road boundary. Where the vehicular access crosses footway, the access gradient shall be between 4% (1 in 25) maximum and 2.5% (1 in 40) minimum and shall be formed so that there is no abrupt change of slope along the footway.

Reason: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users.

3. The Private Streets (Northern Ireland) Order 1980 as amended by the Private Streets (Amendment) (Northern Ireland) Order 1992. The Department hereby determines that the width, position and arrangement of the streets, and the land to be regarded as being comprised in the streets, shall be as indicated on Drawing No. 15 bearing the date stamp 25.04.2016.

Reason: To ensure there is a safe and convenient road system within the development and to comply with the provisions of the Private Streets (Northern Ireland) Order 1980.

4. All bedroom windows within the development shall have a sound reduction value of greater than 27dB Rw.

Reason: To protect inhabitants from any potential noise or light intrusion.

5. All trickle vents to bedrooms in the development shall be acoustically attenuated to provide a sound reduction value of 27dB Rw or greater.

Reason: To protect inhabitants from any potential noise intrusion.

6. If any retained tree is removed, uprooted or destroyed or dies within 5 years from the date of completion of the development it shall be replaced within the next planting season by another tree or trees in the same location of a species and size as specified by the Council.

Reason: To ensure the continuity of amenity afforded by existing trees.

7. If within a period of 5 years from the date of the planting of any tree, shrub or hedge, that tree, shrub or hedge is removed, uprooted or destroyed or dies, or becomes, in the

opinion of the Council, seriously damaged or defective, another tree, shrub or hedge of the same species and size as that originally planted shall be planted at the same place, unless the Council gives its written consent to any variation.

Reason: To ensure the provision, establishment and maintenance of a high standard of landscape.

Informatives

1. Under the terms of The Private Streets (Construction) (Amendment) Regulations (Northern Ireland) 2001, design for any Street Lighting schemes will require approval from Roads Service's Street Lighting Consultancy, County Hall, Ballymena. The Applicant is advised to contact Roads Service Street Lighting Section at an early stage. The Applicant/Developer is also responsible for the cost of supervision of all street works determined under the Private Streets Order (Northern Ireland) 1980.

2. The approval does not empower anyone to build or erect any structure, wall or fence or encroach in any other manner on a public roadway (including a footway and verge) or on any other land owned or managed by the Department for Regional Development for which separate permissions and arrangements are required.

3. Precautions shall be taken to prevent the deposit of mud and other debris on the adjacent road by vehicles travelling to and from the construction site. Any mud, refuse etc. deposited on the road as a result of the development, must be removed immediately by the operator/contractor.

4. Not withstanding the terms and conditions of the Department of Environment's approval set out above, you are required under Articles 71-83 inclusive of the Roads (NI) Order 1993 to be in possession of the Department for Regional Development's consent before any work is commenced which involves making or altering any opening to any boundary adjacent to the public road, verge, or footway or any part of said road, verge, or footway bounding the site. The consent is available on personal application to the Roads Service Section Engineer whose address is Molesworth Street, Cookstown. A monetary deposit will be required to cover works on the public road.

5. All construction plant and materials shall be stored within the curtilage of the site.

The development hereby permitted shall not commence until a Street Lighting Scheme has been submitted and approved by the Department Street Lighting design.

The Private Streets (Construction) (Amendment) Regulations (NI) 2001 apply to this Private Streets Determination.

6. All services within the development should be laid underground.

None of the dwellings hereby permitted shall be occupied until (sewage disposal/drainage) works have been completed in accordance with the submitted plans.

None of the dwellings shall be occupied until works for the disposal of sewage have been provided on the site to serve the development hereby permitted, in accordance with details to be submitted to and approved by the Department.

Development shall not begin until drainage works have been carried out in accordance with details submitted to and approved in writing by the Department.

7. This permission does not alter or extinguish or otherwise affect any existing or valid right of way crossing, impinging or otherwise pertaining to these lands.

8. This permission does not confer title. It is the responsibility of the developer to ensure that he controls all the lands necessary to carry out the proposed development.

Signature(s)

Date:

ANNEX

Date Valid 4th December 2015

Date First Advertised 14th December 2015

Date Last Advertised

Details of Neighbour Notification (all addresses) The Owner/Occupier, 14 Fairlea Heights Moneymore Londonderry The Owner/Occupier, 15 Fairlea Heights, Moneymore P Thompson 18 Fairlea Heights, Moneymore, Londonderry, Northern Ireland, BT45 7UQ The Owner/Occupier, 19 Fairlea Heights Moneymore Londonderry Colin Stewart 19 Fairlea Heights, Moneymore, Londonderry, Northern Ireland, BT45 7UQ The Owner/Occupier, 21 Magherafelt Road Moneymore Londonderry The Owner/Occupier, 25 Magherafelt Road, Moneymore. The Owner/Occupier, 38 Fairlea Heights Moneymore Londonderry Robert J G Wilks 38, Fairlea Heights, Moneymore, Londonderry, Northern Ireland, BT45 7UQ The Owner/Occupier, 40 Fairlea Heights Moneymore Londonderry The Owner/Occupier, 5 Gallion Way Moneymore Londonderry The Owner/Occupier, DSP Eurospar, 23 Magherafelt Road, Moneymore, BT45 7UL Derek Reid Electro-Tech Machinery Ltd ,25 Magherafelt Road,Moneymore,BT45 7UL

Date of Last Neighbour Notification 4th April 2016

Date of EIA Determination ES Requested No

Planning History

Ref ID: I/2004/1348/F Proposal: 1 No Workshop & associated ancillary siteworks Address: Site numbers 6,7,8 of Industrial Estate, Magherafelt Road, Moneymore. Decision: Decision Date: 05.01.2009

Ref ID: I/2002/0597/F Proposal: Proposed garage Address: 19 Fairlea Heights, Moneymore Decision: Decision Date: 18.11.2002

Ref ID: I/1993/0305 Proposal: Dwelling and Garage Address: 32 FAIRLEA HEIGHTS, MONEYMORE Decision: Decision Date:

Ref ID: I/2009/0527/RM Proposal: Demolition of existing quarry buildings & erection of phase 1 residential development for 51 dwellings comprising detached, semi-detached, townhouses, apartments, associated access & right turning lane Address: Lands at 31 Magherafelt Road Moneymore Decision: Decision Date: 23.06.2010

Ref ID: I/1993/6035 Proposal: Site Moneymore Address: Moneymore Decision: Decision Date:

Ref ID: I/2006/0722/F Proposal: Change of use from vacant land to proposed office, kitchen, toilet, car park and ancillary car valet building in connection with car sales (Ameded description). Amended drawings 01 (rev 01), 02 (rev 01) & 03 (rev 01). Address: Opposite and East of 1 to 8 Rockview Terrace, Magherafelt Road, Moneymore Decision: Decision Date: 26.06.2008

Ref ID: I/1998/0509 Proposal: Proposed Site for Industrial Estate including Estate Road

Address: OPPOSITE 1-8 ROCHVIEW TERRACE MAGHERAFELT ROAD MONEYMORE Decision: Decision Date:

Ref ID: I/1990/0420 Proposal: Private Nursing Home Address: TO REAR OF FAIRLEA HEIGHTS, MAGHERAFELT ROAD, MONEYMORE Decision: Decision Date:

Ref ID: I/2002/0106/F Proposal: Industrial Estate Access Road (Re-determination) - Re-Advertisement Address: Opposite 1-8 Rochview Terrace, Magherafelt road, Moneymore Decision: Decision Date: 18.07.2002

Ref ID: I/2012/0323/F Proposal: Retention of Temporary car showroom Address: 21, Magherafelt Road, Moneymore, Decision: PG Decision Date: 13.12.2012

Ref ID: I/2003/0828/F Proposal: Refurbishment of showroom area. Removal of external cladding panels and replacing with corporate blue panels Address: Roadside Peugeot Garage 21 Magherafelt Road Moneymore Decision: Decision Date: 15.11.2003

Ref ID: I/2011/0316/F Proposal: Extension of Existing Car Showroom to Include No. 2 Dealerships, Associated Offices and Workshop Address: 21 Magherafelt Road, Moneymore, Magherafelt, Decision: Decision Date: 31.05.2012

Ref ID: I/1986/0330 Proposal: GARAGE PREMISES Address: MAGHERAFELT ROAD, MONEYMORE Decision: Decision Date:

Ref ID: I/1989/0060

Proposal: Petrol Filling Station Address: ADJACENT TO FARLEY MOTORS MAGHERAFELT ROAD MONEYMORE Decision: Decision Date:

Ref ID: I/2007/0078/F Proposal: Retention of Car Wash Building Address: Roadside Motors 21 Magherafelt Road, Moneymore Decision: Decision Date: 15.05.2007

Ref ID: I/1987/0353 Proposal: PETROL FILLING STATION FORECOURT, SHOP/CAFE AND SELF CONTAINED FLAT Address: MAGHERAFELT ROAD, MONEYMORE Decision: Decision Date:

Ref ID: I/2011/0443/A Proposal: Replacement building signs and free standing totem sign Address: Peugeot Car Garage, Magherafelt Road,Moneymore,Magherafelt,BT45 7UL, Decision: Decision Date: 17.01.2012

Ref ID: I/1981/0204 Proposal: HOUSING DEVELOPMENT Address: MAGHERAFELT ROAD, MONEYMORE Decision: Decision Date:

Ref ID: I/1973/000301 Proposal: 23 SUBSIDY BUNGALOWS Address: MAGHERAFELT ROAD, MONEYMORE Decision: Decision Date:

Ref ID: I/1973/0003 Proposal: HOUSING DEVELOPMENT Address: MAGHERAFELT ROAD, MONEYMORE Decision: Decision Date:

Ref ID: I/1976/0421 Proposal: ERECTION OF 23 NO SUBSIDY BUNGALOWS

Address: MAGHERAFELT ROAD, MONEYMORE Decision: Decision Date:

Ref ID: I/2013/0027/O Proposal: Erection of 2 no. class B2 Light Industrial Units Address: Lands north of no. 23 Magherafelt Road and opposite nos 1-8 Rochview Terrace, Moneymore, Decision: PG Decision Date: 15.08.2013

Ref ID: I/2005/0311/F Proposal: Two storey unit comprising retail, storage and workshop space Address: 50 metres North of 23 Magherafelt Road, Moneymore Decision: Decision Date: 01.12.2005

Ref ID: I/2002/0593/O Proposal: Site for new public car-parking facilities Address: 50 Metres East of No. 1 Rockview Terrace, Magherafelt Road, Moneymore Decision: Decision Date: 23.12.2002

Ref ID: I/2013/0135/F Proposal: Alterations to existing access (serving industrial lands and zoned industrial lands) Address: Land north of no 23 Magherafelt Road and opposite nos 1-8 Rochview Terrace, Moneymore, Decision: PG Decision Date: 15.08.2013

Ref ID: I/1994/0320 Proposal: Proposed workshop for the maintenance of lorries Address: MAGHERAFELT ROAD MONEYMORE Decision: Decision Date:

Ref ID: I/2004/0020/A Proposal: corporate signage to existing building plus free-standing totem sign Address: Roadside Motors Ltd Peugeot Motor Showroom, 21 Magherafelt Road, Moneymore Decision: Decision Date: 11.02.2004

Ref ID: I/1994/0153 Proposal: Dwelling Address: ADJACENT TO NO. 13 FARLEA HEIGHTS MONEYMORE Decision: Decision Date:

Ref ID: I/1990/6050 Proposal: Proposed Residential Development. To rear of Fairlea Heights Moneymore Address: To rear of Fairlea Heights Moneymore Decision: Decision Date:

Ref ID: I/1978/0146 Proposal: PORTABLE PLANT FOR MANUFACTURE OF ASPHALT AND BITMAC Address: 31 MAGHERAFELT ROAD, MONEYMORE Decision: Decision Date:

Ref ID: I/1991/6001 Proposal: Residential Development Fairlea Heights Moneymore Address: Fairlea Heights Moneymore Decision: Decision Date:

Ref ID: I/2011/0409/F Proposal: Residential development of 19 units change of house type and a reduction by 2 units to sites 20-35 and 39-43 of previous approval I/2009 0527/RM garages carports landscaping and associated site works. Address: Lands at 31 Magherafelt Road Moneymore., Decision: Decision Date: 24.05.2012

Ref ID: I/1985/0055 Proposal: QUARRYING AND ASSOCIATED PROCESSING OF BASALT AND PRODUCTION OF COATED Address: 31 MAGHERAFELT ROAD, MONEYMORE, MAGHERAFELT Decision: Decision Date:

Ref ID: I/1979/0533 Proposal: EXTENSION TO OFFICE BLOCK Address: 31 MAGHERAFELT ROAD, MONEYMORE, CO LONDONDERRY Decision: Decision Date:

Ref ID: I/1974/0369 Proposal: QUARRYING Address: MONEYMORE Decision: Decision Date:

Ref ID: I/2007/0974/Q Proposal: Housing Development Address: Moneymore Decision: Decision Date:

Ref ID: I/2004/0918/O Proposal: Residential development, access and associated site works Address: 31 Magherafelt Road, Moneymore. Decision: Decision Date: 11.09.2009

Ref ID: I/1982/0163 Proposal: BASATT ROCK QUARRYING Address: MAGHERAFELT ROAD, MONEYMORE Decision: Decision Date:

Ref ID: LA09/2015/0386/F Proposal: Erection of residential development of four dwellings, with associated garages and landscaping (change of house type and a reduction by 1 units (site 26) to sites 21, 27-28 and 34 of previous approvals ref: I/2009/0527/RM and I/2011/0409/F) Address: Land approximately 125m South East of 4 and 6 Gallion Heights, Moneymore, Decision: PG Decision Date: 19.10.2015

Ref ID: LA09/2015/1215/F Proposal: Erection of 24 no Dwellings consisting of detached and semi detached and associated siteworks Address: Lands East of No 21 Magherafelt Road and North of No's 15 and 40 Fairlea Heights, Moneymore, Decision: Decision Date:

Summary of Consultee Responses

Drawing Numbers and Title

Drawing No. 08 Type: Garage Plans Status: Submitted

Drawing No. 01 Type: Site Location Plan Status: Submitted

Drawing No. 07 Type: Proposed Plans Status: Submitted

Drawing No. 06 Type: Proposed Plans Status: Submitted

Drawing No. 09 Type: Cross Sections Status: Submitted

Drawing No. 02 Type: Site Layout or Block Plan Status: Submitted

Drawing No. 03 Type: Proposed Plans Status: Submitted

Drawing No. 04 Type: Proposed Plans Status: Submitted

Drawing No. 10 Type: Proposed Plans Status: Submitted

Drawing No. 05 Type: Proposed Plans Status: Submitted

Notification to Department (if relevant)

Date of Notification to Department: Response of Department:

Development Management Officer Report Committee Application

Summary Committee Meeting Date: Item Number: Application ID: LA09/2015/1286/A Target Date: Proposal: Location: Static electronic sign Spar Supermarket 2 Magherafelt Road Tobermore BT45 5PH Referral Route: Refusal

Recommendation: REFUSE Applicant Name and Address: Agent Name and Address: R and J Foods Ltd W J Watters 47 Queen Street 39 Glenstall Road Ballymoney Ballymoney BT53 6JD BT53 7QN

Executive Summary:

Signature: Sean Diamond

Application ID: LA09/2015/1286/A

Case Officer Report Site Location Plan

Consultations: Consultation Type Consultee Response Statutory Transport NI - Enniskillen Advice Office Statutory Transport NI - Enniskillen Advice Office Representations: Letters of Support None Received Letters of Objection None Received Number of Support Petitions and No Petitions Received signatures Number of Petitions of Objection and No Petitions Received signatures Summary of Issues

Page 2 of 6 Application ID: LA09/2015/1286/A

Characteristics of the Site and Area The site (existing retail unit) is within the development limits of Tobermore in accordance with the Magherafelt Area Plan 2015 and is located directly adjacent to the A29, a protected route. The site is located at No 2 Magherafelt Road, Tobermore the Spar Supermarket. The area is made of a mix of residential and commercial properties.

Planning Assessment of Policy and Other Material Considerations

Detail of the proposal: Static Electronic Sign - 3.4m x 0.9m. The sign appears to operate during the hours of the applicant’s business. The hours of business as advertised on the internet are 7:00 – 23:00, Wednesday, Thursday, Saturday, Monday and Tuesday and 8:00 – 23:00, Sunday. Closed Friday.

Relevant Planning History LA09/2015/0063/CA – An enforcement case for unauthorised signage is ongoing. Further action will depend on the outcome of subject planning application LA09/2015/1286/A.

Representations: No neighbours notified under an advertisement application No letter of representation have been received

Development Plan, Legislation and Key Policy Consideration The site (existing retail unit) is within the development limits of Tobermore in accordance with the Magherafelt Area Plan 2015 and is located directly adjacent to the A29, a protected route. There is no specific policy within the local development plan material to this application.

Legislation: Section 130 of The Planning Act (Northern Ireland) 2011 refers to the Planning (Control of Outdoor Advertisements) Regulations (Northern Ireland) 2015

Policy: The primary policy context is provided by Policy AD 1 of Planning Policy Statement 17: Control of Outdoor Advertisement (PPS 17). Policy AD 1 of PPS 17 states that consent will be given for the display of an advertisement where it respects amenity, when assessed in the context of the general characteristics of the locality and it does not prejudice public safety

Amenity The electronic sign is located on the western gable of the existing Spar Supermarket. The area is defined by a mix of residential and commercial properties. During the hours of daylight I am content the electronic sign will not have a greater visual impact than a non-electronic sign. However this changes significantly during the hours of darkness. When travelling in an easterly direction along the Main Street the illumination of the electronic sign appears prominent and visually dominant from a distance of up to 250m. It is my opinion the electronic sign is contrary to policy AD1 of PPS 17 as it does not respect the visually amenity, when assessed in the context of the general characteristics of the locality after the hours of darkness. There are some dwellings located nearby, however it is my opinion that the electronic sign has minimal impact on the residential amenity of any nearby dwellings.

Public Safety Transport NI have advised that the sign detracts the attention of road users thereby prejudicing the safety and convenience of traffic on the Main Traffic Route (Protected Route) through Tobermore village. The electronic sign is located in close proximity to the heavily trafficked staggered junction of Desertmartin/Magherafelt/Maghera Roads. When travelling in a southerly direction from the end of the Maghera Road to the beginning of the Desertmartin Road, the

Page 3 of 6 Application ID: LA09/2015/1286/A

electronic sign becomes visible for relatively short distance over which the contents and information on the sign can be clearly read, thus detracting road users negotiating the two mini- roundabout. In my opinion the sign will serve as a distraction to road users, especially after the hours of darkness where there is the potential for road users to be affected by dazzle and glare in wet and misty conditions.

Other Material Considerations The agent has submitted other examples of Electronic Signage on Main Traffic Route approved by other Local Planning Authorities, whilst the examples submitted are material, the application has been assessed on its own merits.

Neighbour Notification Checked N/A Summary of Recommendation: It is my opinion that the proposal is contrary to Policy AD1 of PPS17 in that if approved adversely impact upon the visual amenity of the locality and will prejudice public safety.

Reasons for Refusal:

1. The proposal is contrary to policy AD1 of PPS17 in that it has an adverse impact upon the visual amenity of the locality. 2. The proposal is contrary to Planning Policy Statement 17, Control of Outdoor Advertisements, Policy AD1, in that the proposed sign would be visually intrusive and distract the attention of road users thereby prejudicing the safety and convenience of traffic on this Protected Route.

Signature(s)

Date:

Page 4 of 6 Application ID: LA09/2015/1286/A

ANNEX

Date Valid 21st December 2015

Date First Advertised

Date Last Advertised

Details of Neighbour Notification (all addresses) The Owner/Occupier,

Date of Last Neighbour Notification

Date of EIA Determination ES Requested Yes /No

Planning History

Summary of Consultee Responses

Drawing Numbers and Title

Page 5 of 6 Application ID: LA09/2015/1286/A

Drawing No. Type: Status: Submitted

Drawing No. Type: Status: Submitted

Drawing No. Type: Status: Submitted

Drawing No. Type: Status: Submitted

Drawing No. 01 Type: Site Location Plan Status: Submitted

Notification to Department (if relevant)

Date of Notification to Department: Response of Department:

Page 6 of 6

Development Management Officer Report Committee Application

Summary Committee Meeting Date: Item Number: Application ID: LA09/2016/0042/F Target Date: Proposal: Location: Change of use from Tyre Store to Petrol Filling Unit 1(b) 1 Loves Hill Castledawson Station including Forecourt and Canopy with Retail Sales, Café and Ancilliary areas along with Associated Parking Facilities

Referral Route: Proposal considered an exception to IC 15 of ‘a Planning Strategy for Rural Northern Ireland’.

Recommendation: Approval Applicant Name and Address: Agent Name and Address: Noel and Marie Lennon Hamill Gallagher 1 Loves Hill Albany House Castledawson 73-75 Great Victoria Street BT45 8DP Belfast BT2 7AF

Executive Summary:

Signature(s): Lorraine Moon

Application ID: LA09/2016/0042/F

Case Officer Report Site Location Plan

Consultations: Consultation Type Consultee Response Statutory Transport NI - Enniskillen Office Statutory Transport NI - Enniskillen Office Non Statutory NI Water - Single Units West - No Objection Planning Consultations Non Statutory Environmental Health Mid Substantive Response Ulster Council Received

Statutory Transport NI - Enniskillen Advice Office Non Statutory NI Water - Multi Units West - Consulted in Error Planning Consultations

Page 2 of 11 Application ID: LA09/2016/0042/F

Statutory NIEA Advice

Statutory Transport NI - Enniskillen Advice Office Statutory NIEA Content

Statutory Transport NI - Enniskillen Office Statutory Transport NI - Enniskillen Office Representations: Letters of Support None Received Letters of Objection None Received Number of Support Petitions and No Petitions Received signatures Number of Petitions of Objection and No Petitions Received signatures Summary of Issues

Considered exception to IC 15 as existing building rather than a new build and proposal within an existing and established industrial area.

Characteristics of the Site and Area

On site currently is an existing tyre store located within an established industrial and mixed use site located adjacent to Castledawson Roundabout. Immediately adjacent and attached to the proposal building is an operating electrical wholesalers. Existing parking is available to the front of and side of the property. The property is a brick built building with metal cladding on sides and roof, currently there are two large roller doors on the front facade for the tyre business.

Planning Assessment of Policy and Other Material Considerations

I have assessed this proposal under the following:

SPSS Magherafelt Area Plan 2015 Planning Policy Statement 1 - General Principles Planning Policy Statement 4 - Planning And Economic Development. A Planning Strategy for Rural Northern Ireland.

Neighbours notified - Nos 1A, 1B, 2, 3, 4, 5, 12 Loves Hill, 5, 6, 7 _ 9 Tamnadease were all notified of this proposal on 27.01.2016 and no objections have been received to date.

In line with legislation this proposal was advertised in several local press publications in Jan 2016 and no representations have been received to date.

Established industrial and business use on and surrounding this proposal site.

Consultations: Transportni were asked to comment and responded on 4th October 2016 stating they are satisfied to allow this application to progress, subject to conditions and informatives.

Page 3 of 11 Application ID: LA09/2016/0042/F

Water Management Unit were asked to comment and responded on 04th August 2016 with no objections subject to conditions and advice. NI Water were asked to comment and responded on 29.02.2016 with no objections. Environmental Health were asked to comment and responded on 25.02.2016 with no objections subject to advice.

This proposal is sited within an established site which has differing uses, such as auction/sales, restaurants, electrical wholesales, engineering etc. The existing use of the building is as a tyre store, the proposal does not propose to increase the size of the existing building but rather change its use and introduce fuel pumps in the adjoining yard. The scale and nature of the proposal does not in my opinion harm the rural character or appearance of the local area and no increase of site area is proposed. The proposed change of use would not negatively impact on the neighbouring land uses. The retail aspect on the site has already been established through the previous use as tyre store. Although this site is within the rural landscape the overall site at this location has a long and well established industrial/business use and as such I do not consider the proposed change of use would have a negative impact on the surrounding landscape or surrounding land uses. In addition this proposal would not harm the amenities of any nearby residents, it would not adversely affect features of the natural or built heritage, the proposal site is not within a flood zone and the proposed use should not cause a noise nuisance. In line with Transportni's response dated 4th October 2016 the existing road network can safely handle any extra vehicular traffic the proposal will generate and adequate access arrangements, parking and manoeuvring areas have been provided. Although within policy IC15 of 'A Planning Strategy for Rural Northern Ireland' it states that in normal circumstances it is considered reasonable to expect a driver to travel at least 12 miles along the main traffic route network before reaching a petrol filling station or service centre. Proposals for new facilities within 12 miles of existing services will therefore not normally be acceptable. However as this proposal is to change the use of an existing building rather than a new facility and is sited within an established industrial area rather than a green field site I feel this is an exception and acceptable on this occasion.

Recommendation: Approve

Neighbour Notification Checked Yes

Summary of Recommendation: Approval

Conditions:

1. The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission.

Reason: As required by Section 61 of the Planning Act (Northern Ireland) 2011.

2. The vehicular access, including visibility splays of 2.4m x Tangent to the right of the access, and any forward sight distance, shall be provided in accordance with Drawing No.10 bearing the date stamp 27/06/2016, prior to the commencement of any other development hereby permitted. The area within the visibility splays and any forward sight line shall be cleared

Page 4 of 11 Application ID: LA09/2016/0042/F

to provide a level surface no higher than 250mm above the levels of the adjoining carriageway and such splays shall be retained and kept clear thereafter.

Reason: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users.

3. The development must maintain the one way system as detailed on Drawing No.02 bearing the date stamp 14/01/2016.

Reason: In the interests of road safety and the convenience of road users.

4. The apparent parking bay between the entrance and exit of the property shall be removed.

Reason: In order that no servicing of the proposed development can be undertaken from the public road.

5. The access gradient(s) to the dwelling(s) hereby permitted shall not exceed 8% (1 in 12.5) over the first 5m outside the road boundary. Where the vehicular access crosses footway, the access gradient shall be between 4% (1 in 25) maximum and 2.5% (1 in 40) minimum and shall be formed so that there is no abrupt change of slope along the footway.

Reason: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users.

Informatives

1. The approval does not empower anyone to build or erect any structure, wall or fence or encroach in any other manner on a public roadway (including a footway and verge) or on any other land owned or managed by the Department for which separate permissions and arrangements are required.

2. Precautions shall be taken to prevent the deposit of mud and other debris on the adjacent road by vehicles travelling to and from the construction site. Any mud, refuse, etc. deposited on the road as a result of the development, must be removed immediately by the operator/contractor.

3. Not withstanding the terms and conditions of the Department of Environment's approval set out above, you are required under Article 71 - 83 inclusive of the Roads (NI) Order 1993 to be in possession of the Department for Regional Development's consent before any work is commenced which involves making openings to any fence or hedge bounding the site. The consent is available on personal application to the Roads Service Section Engineer whose address is Molesworth Street, Cookstown. A monetary deposit will be required to cover works on the public road.

4. All construction plant and materials shall be stored within the curtilage of the site.

5. It is the responsibility of the Developer to ensure that water does not flow from the site onto the public road (including verge or footway) and that existing road side drainage is preserved and does not allow water from the road to enter the site.

Page 5 of 11 Application ID: LA09/2016/0042/F

6. This permission does not alter or extinguish or otherwise affect any existing or valid right of way crossing, impinging or otherwise pertaining to these lands.

7. This permission does not confer title. It is the responsibility of the developer to ensure that he controls all the lands necessary to carry out the proposed development.

Signature(s)

Date:

Page 6 of 11 Application ID: LA09/2016/0042/F

ANNEX

Date Valid 14th January 2016

Date First Advertised 25th January 2016

Date Last Advertised

Details of Neighbour Notification (all addresses) The Owner/Occupier, 12 Loves Hill, Castledawson The Owner/Occupier, 1A Loves Hill, Castledawson The Owner/Occupier, 1B Loves Hill Killyneese Castledawson The Owner/Occupier, 2 Loves Hill, Castledawson The Owner/Occupier, 3 Loves Hill, Castledawson The Owner/Occupier, 4 Loves Hill, Castledawson The Owner/Occupier, 5 Loves Hill, Castledawson The Owner/Occupier, 5 Tamnadeese, Castledawson The Owner/Occupier, 6 Tamnadeese, Castledawson The Owner/Occupier, 7 Tamnadeese, Castledawson The Owner/Occupier, 9 Tamnadeese, Castledawson

Date of Last Neighbour Notification 27th January 2016

Date of EIA Determination

ES Requested No

Planning History

Ref ID: H/2014/0342/F Proposal: Change of use from Tyre Store (H/2005/0293/F) to Electrical Wholesalers (H/2011/0521/F) in Unit 1 (A) and from Electrical Wholesalers to Tyre Store in Unit 1 (B). Address: Unit 1, 1 Loves Hill, Castledawson. BT45 8DP, Decision: PG Decision Date: 12.12.2014

Page 7 of 11 Application ID: LA09/2016/0042/F

Ref ID: H/2014/0255/F Proposal: Retrospective relocation of existing dwelling access Address: 1 Loves Hill, Castledawson. BT45 8DP, Decision: PG Decision Date: 30.09.2014

Ref ID: H/1991/6077 Proposal: PROPOSED HOTEL LOVES HILL CASTLEDAWSON Address: LOVES HILL Decision: Decision Date:

Ref ID: H/1984/0196 Proposal: REPLACEMENT HOUSE WITH DOUBLE GARAGE AND OUTBUILDINGS Address: LOVESHILL, KILLYNESE, CASTLEDAWSON Decision: Decision Date:

Ref ID: H/2002/0345/F Proposal: Proposed Sun Lounge. Address: 1 Loves Hill, Castledawson. Decision: Decision Date: 15.06.2002

Ref ID: H/2011/0521/F Proposal: Retrospective application for a change of use of part of an existing building from a vehicle wash unit to an electrical wholesale unit. Address: Unit 1, 10 metres South West of 1 Loves Hill, Castledawson, BT45 8DP, Decision: Decision Date: 21.06.2012

Ref ID: H/1990/0272 Proposal: CHANGE OF USE FROM DWELLING TO HOTEL Address: 1 LOVE'S HILL CASTLEDAWSON Decision: Decision Date:

Ref ID: H/1980/0443 Proposal: EXTENSION TO EXISTING WORKSHOP Address: KILLYNEESE, CASTLEDAWSON Decision: Decision Date:

Ref ID: H/1995/0018

Page 8 of 11 Application ID: LA09/2016/0042/F

Proposal: CHANGE OF USE FROM SHED TO AUCTION ROOM AND ASSOCIATED CAR-PARKING Address: ADJACENT TO 1 LOVES HILL CASTLEDAWSON Decision: Decision Date:

Ref ID: H/2011/0489/F Proposal: Retrospective application for change of use from an existing industrial unit to additional office accommodation and a small plant and hand tools store for an existing auction business. Address: Unit 2, 25 metres North West of 1 Loves Hill, Castledawson, Decision: Decision Date: 25.04.2012

Ref ID: H/2005/0293/F Proposal: Alterations & Additions To Existing Auction Rooms,Tyre Shed & To include Vehicle Wash Address: 1 Loves Hill, Castledawson, Magherafelt Decision: Decision Date: 19.07.2007

Ref ID: H/2002/1031/Q Proposal: Telecommunications network. Address: Bowmans Road, Magherafelt. Decision: Decision Date:

Ref ID: H/2011/0494/F Proposal: Retrospective application for covered seated area to provide safe viewing area for customers, associated with existing auction sales business Address: 55 metres North West of 1 Loves Hill, Castledawson, Decision: Decision Date: 26.04.2012

Ref ID: H/1999/0368 Proposal: REPLACEMENT AUCTION ROOMS & ASSOCIATED CAR PARKING Address: ADJ. TO 1 LOVE HILL CASTLEDAWSON Decision: Decision Date: 24.05.2000

Ref ID: H/1997/0499 Proposal: CHANGE OF USE FROM SHED TO AUCTION ROOM AND ASSOCIATED CAR PARKING Address: LAND ADJ TO 1 LOVES HILL CASTLEDAWSON Decision:

Page 9 of 11 Application ID: LA09/2016/0042/F

Decision Date:

Ref ID: H/1998/0438 Proposal: ALTERATIONS AND EXTENSION TO AUCTION ROOM Address: ADJACENT TO 1 LOVES HILL CASTLEDAWSON Decision: Decision Date:

Ref ID: H/2011/0249/F Proposal: Erection of boathouse to rear of dwelling Address: 6 Glenshane Road, Castledawson, BT45 8DP, Decision: Decision Date: 01.09.2011

Ref ID: H/1988/0079 Proposal: CHANGE OF USE OF DWELLING AND OUTBUILDING TO HOTEL Address: 1 LOVESHILL TAMNADEESE CASTLEDAWSON Decision: Decision Date:

Ref ID: LA09/2016/0057/F Proposal: Extension to small plant and hand tool store and associated offices in connection with existing auction sales business Address: Unit 2, 25m NW of 1 Loves Hill, Castledawson, Decision: Decision Date:

Ref ID: LA09/2016/0042/F Proposal: Change of use from Tyre Store to Petrol Filling Station including Forecourt and Canopy with Retail Sales, Café and Ancilliary areas along with Associated Parking Facilities Address: Unit 1(b), 1 Loves Hill, Castledawson, Decision: Decision Date:

Summary of Consultee Responses

Drawing Numbers and Title

Page 10 of 11 Application ID: LA09/2016/0042/F

Drawing No. 05 Type: Proposed Plans Status: Submitted

Drawing No. 04 Type: Proposed Plans Status: Submitted

Drawing No. 03 Type: Existing Plans Status: Submitted

Drawing No. 02 Type: Site Layout or Block Plan Status: Submitted

Drawing No. 01 Type: Site Location Plan Status: Submitted

Notification to Department (if relevant)

Date of Notification to Department: Response of Department:

Page 11 of 11

Development Management Officer Report Committee Application

Summary Committee Meeting Date: 11th November Item Number: 2016 Application ID: LA09/2016/0647/F Target Date: Proposal: Location: Retention of existing domestic garage Lands west and adjacent to 17 Gortgonis Road Coalisland Referral Route: Letter of objection received.

Recommendation: Approval Applicant Name and Address: Agent Name and Address: Vivian Teague Clarman & Co 8 Maplebrook Lane Unit 1 Coalisland 33 Dungannon Road Coalisland BT71 4HP

Executive Summary: While consider the proposal to be contrary to part (a) of EXT 1 - PPS 7(Addendum): Residential Extensions and Alterations, in that the size and massing will detract from the appearance and character of the surrounding area, a previous permission on the site holds material weight. This permission - LA09/2015/0003/F for a two storey detached dwelling house to include the reduction and retention of existing domestic garage effectively means half the subject building has approval. In addition, the additional 6m frontage which would result from an approval will not in my view unduly affect the privacy or amenity of neighbouring residents. Considering the temporal nature of the proposal, which may be reduced upon occupation of the approved dwelling through condition, I recommend members consider the proposal as an approval which is an exception to policy.

Signature(s):

Application ID: LA09/

Case Officer Report Site Location Plan

Consultations: Consultation Type Consultee Response Representations: Letters of Support None Received Letters of Objection 1 Number of Support Petitions and No Petitions Received signatures Number of Petitions of Objection and No Petitions Received signatures Summary of Issues

Letter of objection received 30th June 2016.

The letter referred to above is from Mr. Desmond O’Neill who resides at 1 Torrent Drive Coalisland, in the dwelling house site immediately adjacent and to the rear of the site. He states that it has come to his attention that there was no planning permission for the proposal. He expresses concern with the proximity of the shed to his house at 6m from his back kitchen window, he notes that it blocks out light and is an eyesore.

The issues raised are considered and addressed in the latter part of this report.

Characteristics of the Site and Area The site is located on Gorgonis Road within the town of Coalisland. It is within an area characterised by residential development and is the end plot adjacent to of a row of two storey semi-detached and detached dwellings dwellings. The red line site encompasses three parcels of land, that of no.19, no.17 and a plot to the west.

The site curtilage to the aforementioned dwellings is defined by a wooden fence. To the rear of no.17 there is an associated garage. An opening in the fence toward the rear of the western site boundary of no.17 provides access to the land adjacent. This parcel of land occupies a corner site at the junction of Torrent Drive and Gortgonis Road. It is accessible both via no.17 and from

Page 2 of 8 Application ID: LA09/

the public road. The entrance at this point is marked by double gates. Contained within this land is the building which is the subject of this application. It is located to the rear of the site, at approximately 1.2m from the rear boundary which is defined by a wall which extends to about 2.5m in height (approx.) from ground level.

To the south there are detached dwellings located on Torrent Drive. They are on land which is approximately 800mm higher than the ground levels of the site.

Description The proposal seeks permission for the "retention of an existing domestic garage."

Relevant History 2015/A0151: Appeal against the conditional grant of planning permission - DISMISSED LA09/2015/0003/F: Proposed three bedroom two storey detached dwelling house to include the reduction and retention of existing domestic garage - GRANTED M/2015/0052/CA: Appeal against the conditional grant of planning permission however the appellant did not specify any conditions to which the appeal relates. The appeal was dismissed on 1/03/2016. M/2011/0178/F: Dwelling and Garage - GRANTED

Planning Assessment of Policy and Other Material Considerations

- Strategic Planning Policy Statement - Cookstown Area Plan (2010) - PPS3: Access, movement and Parking - PPS7: Residential Extensions and Alterations

The Cookstown Area Plan identifies the site within the settlement limits of Coalisland. The red line site encompasses three parcels of land, however the building which is subject of this application is situated on land to the west.

This building measures 12 m x 7m and is 3.2m to the eaves and 4m to the ridge. It has a low roof pitch and is finished in light grey corrugated metal cladding. The building is orientated with the long elevation towards the Gortgonis Road. Within this front elevation there are two large roller shutter doors which are 2.9m high and 3.1m wide. To the side, on the eastern elevation there is a single door of a domestic scale.

The proposal seeks permission for the retention of an existing domestic garage. If a building is to be considered for domestic purposes, it typically should be associated with a dwelling house. There are no existing dwellings within the curtilage of this parcel of land. No.17 Gortgonis Road is owned by the applicant and is located adjacent to and is accessible directly from the site of the subject building. This property has an existing domestic garage already associated with it.

The permission LA09/2015/0003/F however, grants approval for a two storey detached dwelling house to include the reduction and retention of existing building which is subject of this application. This application was granted permission on 30/07/2016. Notably this application requires the existing building to be reduced in size by about half which will provide necessary amenity space for the dwelling approved. The frontage will be reduced from 12m to 6m while the eaves height, ridge height and material finishes of the building will remain the same. In essence planning permission is in place for half of the building and this application seeks to retain the whole building.

The proposal is assessed under Policy EXT 1 of PPS 7(Addendum): Residential Extensions and Alterations.

Page 3 of 8 Application ID: LA09/

The proposal is a significantly larger than other domestic garages within the vicinity. The former approval - LA09/2015/0003/F has however established a precedence which deems the material finishes, eaves and ridge height as acceptable. The key consideration is whether the additional frontage of 6m which is in place on site (given this application has been made in retrospect), will adversely impact on the character of the area or cause demonstrable harm on residential amenity.

It is noted that the proposal if it were to be granted, would have an adverse impact on the amenity space associated with the approved dwelling - LA09/2016/0003/F. Thus members may consider a condition which requires the building to be reduced in accordance with the aforementioned permission upon the occupation of the dwelling permitted.

The occupier of the neighbouring dwelling to the rear - no.1 Torrent Drive has objected to the proposal, citing loss of light and adverse visual impact as his main points of concern. The proposal is considered in relation to this dwelling as the closest neighbouring property. It is situated 1.2m from the shared boundary wall and is 6m from the external wall of this neighbours dwelling. The garage measures 3.2m to the eaves and 4m to the ridge.

A site section received indicates the subject site is however approximately 600mm lower than the neighbouring site. There is an existing boundary wall which screens a large portion of the development. Permission is in place for half of the building, which is sited behind a garden shed associated with no.1 Torrent drive. The shed is located immediately adjacent to the boundary wall, measures 4.4m x 4m, approx. 3m to the eaves and 3.3m to the ridge. Given the presence of the existing boundary wall and shed, I do not consider that the proposal will cause unacceptable adverse impact on neighbouring amenity by loss of light or overshadowing. Privacy to this neighbouring dwelling will not be adversely affected given there are no openings the rear elevation.

In conclusion while I consider the size and massing of the proposal to be contrary to part (a) of EXT 1 - PPS 7(Addendum), in that it is will detract from the appearance and character of the surrounding area; the previous permission for a dwelling and half the existing garage has material weight. In addition, the additional 6m frontage will not in my view unduly affect the privacy or amenity of neighbouring residents. Given the temporal nature of the proposal, which may be reduced upon occupation of the approved dwelling, I recommend members consider the proposal as an approval which is an exception to policy.

Neighbour Notification Checked Yes

Summary of Recommendation:

Approve with conditions.

Conditions

1. The garage as outlined on drawing numbers 02 and 03 bearing the date stamps 6th May 2016 shall, upon the occupation of the dwelling approved under planning reference LA09/2015/0003/F be reduced in size in accordance LA09/2015/0003/F.

Signature(s)

Date:

Page 4 of 8 Application ID: LA09/

ANNEX

Date Valid 6th May 2016

Date First Advertised 19th May 2016

Date Last Advertised

Details of Neighbour Notification (all addresses) The Owner/Occupier, 1 Torrent Drive Gortgonis Coalisland Desmond O'Neill 1 Torrent Drive, Coalisland, Tyrone, Northern Ireland, BT71 4SG The Owner/Occupier, 17 Gortgonis Road, Coalisland The Owner/Occupier, 19 Gortgonis Road, Coalisland The Owner/Occupier, 2 Torrent Drive Gortgonis Coalisland The Owner/Occupier, 21 Gortgonis Road, Coalisland The Owner/Occupier, 3 Torrent Drive,Gortgonis,Coalisland,Tyrone,BT71 4SG, The Owner/Occupier, 4 Torrent Drive Gortgonis Coalisland The Owner/Occupier, 5 Torrent Drive,Gortgonis,Coalisland,Tyrone,BT71 4SG, The Owner/Occupier, Coalisland Citizens Centre, Gortgonis Road, Coalisland

Date of Last Neighbour Notification 18th May 2016

Date of EIA Determination

ES Requested No

Planning History

Ref ID: LA09/2015/0003/F Proposal: Proposed three bedroom two storey detached dwelling house to include the reduction and retention of existing domestic garage Address: Lands west and adjacent to 17 Gortgonis Road, Coalisland, Decision: PG Decision Date: 04.08.2015

Ref ID: LA09/2016/0647/F Proposal: Retention of existing domestic garage Address: Lands west and adjacent to 17 Gortgonis Road, Coalisland, Decision: Decision Date:

Page 5 of 8 Application ID: LA09/

Ref ID: M/1975/0062 Proposal: PUBLIC AUTHORITY HOUSING Address: GORTGONIS, COALISLAND Decision: Decision Date:

Ref ID: M/1976/0010 Proposal: ERECTION OF 6 DWELLINGS Address: GORTGONIS, COALISLAND Decision: Decision Date:

Ref ID: M/1976/0264 Proposal: ERECTION OF FURNITURE STORE Address: GORTGONIS, COALISLAND Decision: Decision Date:

Ref ID: M/1978/0063 Proposal: NON-SUBSIDY DWELLING Address: UPPER GORTGONIS, COALISLAND Decision: Decision Date:

Ref ID: M/1978/006301 Proposal: ERECTION OF DWELLING Address: GORTGONIS, COALISLAND Decision: Decision Date:

Ref ID: M/1978/0772 Proposal: PROPOSED SMALL HOUSING DEVELOPMENT Address: GORTGONIS, COALISLAND Decision: Decision Date:

Ref ID: M/1978/077202 Proposal: SMALL HOUSING DEVELOPMENT Address: GORTGONIS, COALISLAND Decision: Decision Date:

Ref ID: M/1983/0239 Proposal: 4 DWELLINGS Address: GORTGONIS ROAD, COALISLAND Decision: Decision Date:

Page 6 of 8 Application ID: LA09/

Ref ID: M/1983/023901 Proposal: ERECTION OF 33 DWELLING HOUSES Address: CLOGHER Decision: Decision Date:

Ref ID: M/1983/023902 Proposal: 4 DWELLINGS Address: GORTGONIS ROAD, COALISLAND Decision: Decision Date:

Ref ID: M/1983/0397 Proposal: SHOP Address: GORTGONIS ROAD, COALISLAND Decision: Decision Date:

Ref ID: M/1990/0310 Proposal: 2 Semi-Detached Retirement Bungalows Address: ADJACENT TO NO 17 GORTGONIS ROAD COALISLAND Decision: Decision Date:

Ref ID: M/1991/0053 Proposal: Erection of shop Address: ADJACENT TO NO 17 GORTGONIS ROAD COALISLAND Decision: Decision Date:

Ref ID: M/2000/0710/F Proposal: Extension to Dwelling Address: 1 Torrent Drive, Gortgonis, Coalisland Decision: Decision Date: 23.08.2000

Ref ID: M/2004/0836/F Proposal: Proposed lounge & utility room extension to dwelling Address: 5 Torrent Drive, Coalisland Decision: Decision Date: 20.07.2004

Ref ID: M/2011/0178/F Proposal: Proposed Detached Dwelling and Single Garage Address: Adjacent to and West of 17 Gortgonis Road Coalisland BT71 4QF, Decision:

Page 7 of 8 Application ID: LA09/

Decision Date: 13.06.2011

Summary of Consultee Responses

N/A

Drawing Numbers and Title

Drawing No. 04 Type: Site Layout and Section Status: Submitted

Drawing No. 03 Type: Proposed Elevations Status: Submitted

Drawing No. 02 Type: Site Layout or Block Plan Status: Submitted

Drawing No. 01 Type: Site Location Plan Status: Submitted

Notification to Department (if relevant)

Date of Notification to Department: Response of Department:

Page 8 of 8

Development Management Officer Report Committee Application

Summary

Committee Meeting Date: Item Number:

Application ID: LA09/2016/0685/F Target Date:

Proposal: Location: Proposed change of house type, Repositioning Approximately 65m North East of 33A Culbane on site and new double garage to supersede Road Portglenone existing approval H/2007/0670/F (amended access)

Referral Route: Objections received to the proposal.

Recommendation: APPROVE

Applicant Name and Address: Agent Name and Address: Mr G McPeake Diamond Architecture 33A Culbane Road 77 Main Street Portglenone Maghera BT46 5AB

Executive Summary: Recommended for Approval. Objections received. Signature(s):

N. Hasson

Application ID: LA09/2016/0685/F

Case Officer Report

Site Location Plan

Consultations:

Consultation Type Consultee Response

Statutory Transport NI - Enniskillen Office Advice

Representations:

Letters of Support None Received

Letters of Objection 3

Number of Support Petitions and No Petitions Received signatures

Page 2 of 13 Application ID: LA09/2016/0685/F

Number of Petitions of Objection and No Petitions Received signatures

Characteristics of the Site and Area

The site is located approximately 80 metres south east of the development limit of Ballynease in the open countryside, as defined by the Magherafelt Area Plan 2015. The site is rectangular shaped and cut out of a larger ‘L’ shaped agricultural field. The site is accessed via a private laneway. The north western and north eastern boundaries of the site are defined by a post and wire fence, the south eastern boundary is defined by a mature hedgerow, while the south western boundary of the site is undefined. A hedgerow has been planted on third party lands along the north eastern boundary of the site, which aids screening to the site. The site is relatively flat and public views into the site from the Culbane road, whilst fleeting, are achievable. A third party dwelling is located to the north east of the site.

The surrounding area is characterised by a mix of residential dwellings and agricultural land. Significant development pressure exists in the local area.

Planning Assessment of Policy and Other Material Considerations

Proposal:

The proposal is for a detached bungalow and detached double garage. The application is for a change of house type from that previously approved under H/2007/0670/F. The proposal involves the re- positioning of the dwelling on the site and a garage that was not part of the original approval.

The red line boundary of the application was amended to reflect a change in the access point to the site, following the objection letter.

Site History:

An outline application for a dwelling was approved under ref. H/2001/0899/O on 13th December 2002. No reserved matters application was received.

A full application for a dwelling was under ref. H/2007/0670/F on 22nd May 2008. This decision expired on 21st May 2013. The current application proposes a change of house type of that which was previously approved under H/2007/0670/F.

Representations:

Three letters of objection against the proposed development have been received by the Council. The objection letters are all from the same objector and relate to the following issues:

• The land ownership certificate is incorrect. The applicant declared ownership of all the land within the red line and the objector claimed ownership of part of the site.

• The objector alleges that the development approved under H/2007/0670/F has not commenced prior to the expiry date, therefore an application for a change of house type should not be entertained.

• The proposed development is unacceptable in principle as there are no overriding reasons why the development is essential and cannot be located in a settlement.

Page 3 of 13 Application ID: LA09/2016/0685/F

• The proposed development will unacceptably impact on the residential amenity of the objector.

• The proposed development will not integrate in the countryside and will harm rural character therefore conflicting with policies CTY 13 & 14 of PPS 21.

• The visibility splays of 2.4m x 60m are not in place and would encroach on third party ownership.

Development Plan and Key Policy Considerations:

- Magherafelt Area Plan 2015

- Strategic Planning Policy Statement (SPPS)

- PPS 21 Sustainable Development in the Countryside

The site is located in the open countryside as defined by the Magherafelt Area Plan 2015. Development in the countryside is controlled under the provisions of PPS 21 Sustainable Development in the countryside.

The objector states that the submitted land ownership certificate was incorrect. Following this, an amended site boundary and updated land ownership certificate was submitted. Certificate C has been signed and submitted with notice of the application served on one landowner, Mr P Cassidy who owns part of the access lane and visibility splays. The site boundary was also amended to reflect a change in the access to the site. It is my opinion that this change was not a substantial amendment to the application. The amendment relates to the same site and the amended development is of the same character and description to the original.

A dwelling has already been approved on the site under H/2007/0670/F. A critical consideration of this planning application is to determine if the approved development had commenced prior to the expiry of that planning application. The objector alleges that this development has not commenced within the 5 year period as conditioned and no certificate of lawful development has been submitted to indicate otherwise.

Section 63(2) of the Planning Act (Northern Ireland) 2011 states that ‘development shall be taken to be begun on the earliest date on which any of the following operations comprised in the development begins to be carried out…… where the development consists of or includes the erection of a building, any work of construction in the course of the erection of the building’.

Condition 5 of H/2007/0670/F states ‘No development shall take place until the vehicular access, including visibility splays and any forward sight line, has been provided in accordance with the approved plans, prior to the commencement of any works or other development hereby permitted.’ This is a pre commencement condition, therefore the access had to be in place prior to the commencement of development. No evidence has been provided to demonstrate when the access was provided, however aerial photographs appear to show some hedge removal in the north western visibility splay between 3rd April 2013 and 23rd April 2015. Furthermore, Transport NI have confirmed that the visibility splays are currently in place.

Page 4 of 13 Application ID: LA09/2016/0685/F

Mid Ulster District Council Building Control (then Magherafelt District Council) have confirmed that part of the dwelling foundations had been constructed during a site inspection on 3rd May 2013. This inspection took place prior to the expiry of the previous planning approval.

The objector alleged that no construction work had been undertaken and all available aerial photographs of the site show the site as an agricultural field with no evidence of any building foundations. Furthermore, on my site visit of 27th June 2016, there was no indication that any building foundations existed on the site. Having requested to view the building foundations, I revisited the site on 5th August 2016. It was apparent that part of the foundation exists and is sited as approved under H/2007/0670/F. Taking this into account, I am content that the previously approved development has commenced on time as part construction of the foundation constitutes ‘any work of construction in the course of the erection of the building’, as defined by Section 62(2) of the Act. I am content that the principle of development for a dwelling on this site is established.

One objection letter specifically makes reference to a previous planning application (LA09/2016/0462/NMC) for a non-material change of previous planning approval H/2007/0760/F. This application was refused because the Council had no evidence at that stage to confirm that development had commenced on this approved development.

The SPPS provides a regional framework of planning policy that will be taken account of in the preparation of Mid Ulster Council’s Local Development Plan (LDP). At present, the LDP has not been adopted therefore transitional arrangements require the council to take account of the SPPS and existing planning policy documents, with the exception of PPS 1, 5 and 9. Section 6.73 of the SPPS relates to development that is acceptable in the countryside. Section 6.77 states that ‘proposals for development in the countryside must be sited and designed to integrate sympathetically with their surroundings, must not have an adverse impact on the rural character of the area, and meet other planning and environmental considerations including those for drainage, sewerage, access and road safety’.

Policy CTY 13 provides guidance on the integration and design of buildings in the countryside and CTY 14 provides guidance on rural character. The new building will be visible when travelling along the Culbane Road from two main vantage points. The vantage point identified by the objector is between the dwelling at No. 19A and the access point, whilst the other vantage point is located approximately 100 metres to the south east of the site. It is my opinion that the proposed dwelling will not be overly prominent in the landscape owing to its size and distance from both vantage points along the Culbane road. The proposed dwelling is located along a laneway with three existing dwellings, which will aid integration. The site benefits from a mature hedgerow at the rear of the site and the land in the distance rises which creates a backdrop for the development. Furthermore, the design of the building is appropriate for the site and locality. Whilst the site does lack long established natural boundaries on all sides, I am persuaded that the building can be visually integrated into the surrounding landscape.

The character of the local area is characterised by a mix of residential development and agricultural land; I am content that an additional dwelling will not cause a detrimental change to the rural character of this area. The proposal respects the traditional pattern of settlement exhibited in the area and will not result in a suburban style build-up of development or create or add to a ribbon of development. I do have some concerns that the site access diagonally through the field will negatively impact on the rural character of the area. However, the site is accessed via a private laneway and I am persuaded that the wider public interest in this aspect of the proposal is relatively low. The objector has not taken issue with the amended access to the dwelling from the private laneway.

Page 5 of 13 Application ID: LA09/2016/0685/F

Following receipt of the objection letters, an amended site layout was submitted in an effort to address some of the objector’s concerns, particularly in relation to residential amenity. The location of the dwelling was moved further away from the objector’s property and the dwelling was re-orientated to reduce any impact on amenity. The proposed dwelling is located approximately 38 metres from the objector’s dwelling at No. 23A Culbane Road. It is my opinion that this separation distance between the dwellings is sufficient to mitigate against any potential impact on residential amenity. The proposal also includes additional hedge planting at the rear of the site, which will provide screening of the site when viewed from the objector’s dwelling.

I have no concerns in relation to flooding or ecology.

Transport NI were consulted on the development and they have no objections, subject to conditions. Transport NI also inspected the site and confirmed that the access has already been provided. As such, it is my opinion that no pre-commencement roads condition needs to be added to any potential approval.

Five neighbours were notified of the proposal. As amended drawings were submitted at various stages, the neighbours were updated on the amendments on three occasions.

Neighbour Notification Checked Yes

Summary of Recommendation:

It is my opinion that the proposal accords with the policy requirements of the SPPS and PPS 21, therefore I recommend approval for this development.

Conditions:

1. This decision notice is issued under Section 55 of The Planning Act (Northern Ireland) 2011.

Reason: This is a retrospective application.

2. The area within the visibility splays and any forward sight line shall be cleared to provide a level surface no higher than 250 mm above the level of the adjoining carriageway before the development hereby permitted is commenced and such splays shall be retained and kept clear thereafter.

Reason: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users.

3. All landscaping comprised in the approved details of landscaping on stamped approved Drawing No. 02/03 date stamped 29th September 2016 shall be carried out in the first planting season following the commencement of the construction of the development hereby approved.

Reason: To ensure the development integrates into the countryside.

4. If within a period of 5 years from the date of the planting of any tree, shrub or hedge, that tree, shrub or hedge is removed, uprooted or destroyed or dies, or becomes, in the opinion of the Council, seriously damaged or defective, another tree, shrub or hedge of the same species and

Page 6 of 13 Application ID: LA09/2016/0685/F

size as that originally planted shall be planted at the same place, unless the Council gives its written consent to any variation.

Reason: To ensure the provision, establishment and maintenance of a high standard of landscape.

5. If any retained tree is removed, uprooted or destroyed or dies within 3 years from the date of the occupation of the building for its permitted use another tree or trees shall be planted at the same place and that/those tree(s) shall be of such size and species and shall be planted at such time as may be specified by the Council.

Reason: To ensure the continuity of amenity afforded by existing trees.

Signature(s) N.Hasson

Date: 20/10/16

Page 7 of 13 Application ID: LA09/2016/0685/F

ANNEX

Date Valid 12th May 2016

Date First Advertised 25th May 2016

Date Last Advertised

Details of Neighbour Notification (all addresses)

The Owner/Occupier,

21 Culbane Road Ballynease-Macpeake Portglenone

The Owner/Occupier,

23 Culbane Road Ballynease-Macpeake Portglenone

The Owner/Occupier,

23A Culbane Road,Ballynease-Macpeake,Portglenone,Londonderry,,

The Owner/Occupier,

25 Culbane Road Ballynease-Macpeake Portglenone

The Owner/Occupier,

25A Culbane Road Ballynease-Macpeake Portglenone

The Owner/Occupier,

33 Shore Road, Holywood, Down, Northern Ireland, BT18 9HX

Dermot Monaghan

MBA Planning,4 College House,Citylink Business Park,Belfast,BT12 4HQ

Dermot Monaghan

MBA Planning,4 College House,Citylink Business Park,Belfast,BT12 4HQ

Date of Last Neighbour Notification

7th October 2016

Date of EIA Determination

ES Requested Yes /No

Page 8 of 13 Application ID: LA09/2016/0685/F

Planning History

Ref ID: H/1992/6144

Proposal: 3 SITES FOR DWELLINGS(SITES 1,2,3) CULBANE RD PORTGLENONE

Address: CULBANE RD

Decision:

Decision Date:

Ref ID: H/1989/0076

Proposal: BUNGALOW

Address: CULBANE ROAD PORTGLENONE

Decision:

Decision Date:

Ref ID: H/2007/0670/F

Proposal: New dwelling.

Address: Approximately 85m West of 33 Culbane Road, Portglenone

Decision:

Decision Date: 23.05.2008

Ref ID: H/2001/0899/O

Proposal: Site Of dwelling

Address: Approximately 85m west of 33 Culbane Road, Portglenone.

Decision:

Decision Date: 19.12.2002

Ref ID: H/2001/1011/F

Proposal: Dwelling

Address: 23 A Culbane Road, Portglenone

Page 9 of 13 Application ID: LA09/2016/0685/F

Decision:

Decision Date: 14.02.2002

Ref ID: H/2004/1434/O

Proposal: Site of housing development of 4 dwellings and garages

Address: 100m East of 19 Culbane Road, Portglenone.

Decision:

Decision Date: 19.05.2006

Ref ID: H/2004/1005/F

Proposal: 11Kv Supply.

Address: 39A Culbane Road, Portglenone.

Decision:

Decision Date: 14.01.2005

Ref ID: H/1996/0204

Proposal: DWELLING

Address: ADJ TO 23 CULBANE ROAD PORTGLENONE

Decision:

Decision Date:

Ref ID: H/1995/0557

Proposal: SITE OF DWELLING

Address: ADJ TO 23 CULBANE ROAD PORTGLENONE

Decision:

Decision Date:

Ref ID: LA09/2016/0685/F

Proposal: Proposed change of house type, Repositioning on site and new double garage to supersede existing approval H/2007/0670/F

Address: Approximately 65m North East of 33A Culbane Road, Portglenone,

Page 10 of 13 Application ID: LA09/2016/0685/F

Decision:

Decision Date:

Ref ID: LA09/2016/0462/NMC

Proposal: Non material change to planning approval H/2007/0670/F

Address: 21A Culbane Road, Portglenone,

Decision: CR

Decision Date:

Summary of Consultee Responses

Transport NI were consulted on the development and they have no objections, subject to conditions. Transport NI also inspected the site and confirmed that the access has already been provided.

Drawing Numbers and Title

Page 11 of 13 Application ID: LA09/2016/0685/F

Drawing No. 02/03

Type: Site Layout or Block Plan

Status: Submitted

Drawing No. 03/01

Type: Elevations and Floor Plans

Status: Submitted

Drawing No. 01/01

Type: Site Location Plan

Status: Submitted

Drawing No. 02

Type: Block/Site Survey Plans

Status: Submitted

Drawing No. 04

Type: Garage Plans

Status: Submitted

Drawing No. 01

Type: Site Location Plan

Status: Submitted

Drawing No. 03

Type: Elevations and Floor Plans

Status: Submitted

Page 12 of 13 Application ID: LA09/2016/0685/F

Notification to Department (if relevant)

Date of Notification to Department:

Response of Department:

Page 13 of 13

Development Management Officer Report Committee Application

Summary Committee Meeting Date: Item Number: Application ID: LA09/2016/0700/O Target Date: Proposal: Location: Dwelling and Domestic Double Garage 80m South of 49 Glenshane Road Knockloughrim Magherafelt Referral Route: Proposal contrary to PPS3 AMP 3, however considered an exception as applicant has no alternative means of access as to be redirected through the existing farm yard would pose health and safety issues.

Recommendation: Approval Applicant Name and Address: Agent Name and Address: Mr William Shiels T J Fullerton Design 49 Glenshane Road 12 Rainey Court Knockloughrim Magherafelt Magherafelt BT45 5BX BT45 8QR

Executive Summary:

Signature(s): Lorraine Moon

Case Officer Report Site Location Plan

Consultations: Consultation Type Consultee Response Non Statutory DAERA - Coleraine Substantive Response Received

Non Statutory Environmental Health Mid Substantive Response Ulster Council Received

Non Statutory NI Water - Single Units West - No Objection Planning Consultations Statutory Transport NI - Enniskillen Advice Office Statutory Transport NI - Enniskillen Office Statutory Transport NI - Enniskillen Office

Representations: Letters of Support None Received Letters of Objection None Received Number of Support Petitions and No Petitions Received signatures Number of Petitions of Objection and No Petitions Received signatures Summary of Issues Proposal contrary to PPS3 AMP 3, however considered an exception as applicant has no alternative means of access as to be redirected through the existing farm yard would pose health and safety issues.

Characteristics of the Site and Area

The proposal site is currently within a large agricultural field located to the rear of a detached single storey dwelling (No. 51 Glenshane Road). The site is surrounded by agricultural land on the SW _ SE sides and immediately on the northern side by an established 2 storey detached farm dwelling and associated yard. The proposal site is within farm land associated with the farm business as stated on the submitted P1C form. The site is accessed off Glenshane Road, a protected route. The site is bounded on the northern _ eastern side by mature hedging, on the NE by a post and wire fence and undefined on the southern.

Planning Assessment of Policy and Other Material Considerations

I have assessed this proposal under the following:

SPSS Magherafelt Area Plan 2015 Planning Policy Statement 21 - Sustainable development in the countryside

In the processing of this proposal owners/occupiers of Nos 45 Glenshane Road and 51 Glenshane Road were notified, no objections or representations have been received to date.

Consultees: - Environmental Health were asked to comment and responded on 15.06.2016 with no objections Transportni were asked to comment and responded on 14.09.2016 recommending a refusal as the proposal would result in the creation of a new vehicular access onto a Main Traffic Route/Protected Route thereby prejudicing the free flow of traffic and conditions of general safety. DARDNI were asked to comment and responded on 02.06.2016 stating the farm business has been established for over 6 years and is currently active. NI Water were asked to comment and responded on 09.06.16 with no objections.

In line with legislation this proposal was advertised in several local press publications during June 2016 and no representations have been received from this.

According to CTY 10 of PPS21 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; - DARD in their consultation response dated 02.06.2016 confirmed that the farm business is active and has been establihsed for over 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 - a GIS database search was

carried out of all farm land identified under the submitted farm business and it was confirmed that the applicant complies with this criteria. c) the new building is visually linked or sited to cluster with an established group of buildings on the farm and where practicable, access to the dwelling should be obtained from an existing lane - this proposed site is situated to the rear of the principal farm dwelling and farm buildings located on the farm

In addition, in order for planning permission to be granted for a building in the countryside it should be visually integrated into the surrounding landscape and of an appropriate design. This is an outline application and so the design element will be dealt with at the reserved matters stage, however due to its proposed positioning to the rear of No 51 a single storey dwelling it may be more appropriate for a single storey dwelling on this site should an approval be granted. A dwelling at this particular location would not be unduly prominent in this landscape and would be read as clustering with the existing farm buildings. The boundaries of the site are sufficient for integration although they should be conditioned to be retained and additional planting on the remaining boundaries. No important trees should be affected by this proposal.

A new access is proposed off Glenshane Road adjacent to the existing access for No. 51 and there is a separate access adjacent for No 49 Glenshane Road. Glenshane road is a protected route and as mentioned above Transportni have issues with this proposed access not complying with Planning Policy Statement 3, Access, Movement and Parking, Policy AMP 3. However within this policy it states that planning permission will only be granted for a development proposal involving direct access, or the intensification of the use of an existing use, where a farm dwelling would meet the criteria for development within a Green Belt or Countryside Policy Area and access cannot reasonably be obtained from an adjacent minor road. This proposal is to have an access off the Glenshane road immediately adjacent to the existing access for No 51 a neighbouring dwelling, there are no minor roads within close proximity to provide an alternative access point and to insist on the applicant using the existing agricultural access through the farm yard and buildings would both be unsafe and unreasonable, as such it is my opinion that the proposal would be an extension of the existing opening and would not prejudice road safety or significantly inconvenience the flow of traffic. Owners/Occupiers of No 51 Glenshane Road have been notified of this proposal and no objections/representations have been submitted to date.

As previously mentioned the proposed siting is visually linked and sited to cluster with the established and active farm. The proposed siting would not be unduly prominent in this rural location.

Recommendation: Approval - Discuss Transportni response.

Neighbour Notification Checked Yes

Summary of Recommendation:

Approval

Conditions:

1. Application for approval of the reserved matters shall be made to the Council within 3 years of the date on which this permission is granted and the development, hereby permitted, shall be begun by whichever is the later of the following dates:- i. the expiration of 5 years from the date of this permission; or ii. the expiration of 2 years from the date of approval of the last of the reserved matters to be approved. Reason: As required by Section 62 of the Planning Act (Northern Ireland) 2011.

2. Approval of the details of the siting, design and external appearance of the buildings, the means of access thereto and the landscaping of the site (hereinafter called "the reserved matters"), shall be obtained from the Council, in writing, before any development is commenced.

Reason: This is outline permission only and these matters have been reserved for the subsequent approval of the Council.

3. If any retained tree is removed, uprooted or destroyed or dies within 5 years from the date of completion of the development it shall be replaced within the next planting season by another tree or trees in the same location of a species and size as specified by the Council.

Reason: To ensure the continuity of amenity afforded by existing trees.

4. If within a period of 5 years from the date of the planting of any tree, shrub or hedge, that tree, shrub or hedge is removed, uprooted or destroyed or dies, or becomes, in the opinion of the Council, seriously damaged or defective, another tree, shrub or hedge of the same species and size as that originally planted shall be planted at the same place, unless the Council gives its written consent to any variation.

Reason: To ensure the provision, establishment and maintenance of a high standard of landscape.

5. The proposed dwelling shall have a ridge height of less than 6.5 metres above ground level.

Reason: To ensure that the development is not prominent in and is satisfactorily integrated into the landscape in accordance with the requirements of Planning Policy Statement 21 and with the adjacent residential dwellings.

6. Except as hereby permitted, and NOT withstanding the provisions of Article 3 and Schedule 1, Part 2, Class A of the Planning (General Permitted Development) Order (Northern Ireland) 2015 (or any legislation revoking that Order and re-enacting those provisions), no gates, fences, walls, or other means of enclosure shall be erected or constructed adjacent to the access point.

Reason: To protect the character and visual amenity of this area of open countryside.

Informatives

1. All services within the development should be laid underground. None of the dwellings hereby permitted shall be occupied until the (sewage disposal/drainage) works have been completed in accordance with the submitted plans. None of the dwellings shall be occupied until works for the disposal of sewage have been provided on the site to serve the development hereby permitted, in accordance with details to be submitted to and approved by the Department.

Development shall not begin until drainage works have been carried out in accordance with details submitted to and approved in writing by the Department.

2. This permission does not alter or extinguish or otherwise affect any existing or valid right of way crossing, impinging or otherwise pertaining to these lands.

3. This permission does not confer title. It is the responsibility of the developer to ensure that he controls all the lands necessary to carry out the proposed development.

Signature(s)

Date:

ANNEX

Date Valid 16th May 2016

Date First Advertised 2nd June 2016

Date Last Advertised

Details of Neighbour Notification (all addresses) The Owner/Occupier, 45 Glenshane Road Lurganagoose Knockcloghrim The Owner/Occupier, 51 Glenshane Road, Lurgangoose, Knockloughrim

Date of Last Neighbour Notification 3rd June 2016

Date of EIA Determination ES Requested Yes /No

Planning History

Ref ID: H/1974/0127 Proposal: 11KV AND MV O/H LINES (C.3158) Address: LURGANGOOSE, CABRAGH AND BROAGH, MAGHERAFELT Decision: Decision Date:

Ref ID: H/1980/0097 Proposal: BUNGALOW WITH GARAGE Address: GLENSHANE ROAD, LURGANAGOOSE, KNOCKLOUGHRIM Decision: Decision Date:

Ref ID: LA09/2016/0700/O Proposal: Dwelling and Domestic Double Garage Address: 80m South of 49 Glenshane Road, Knockloughrim, Magherafelt, Decision: Decision Date:

Summary of Consultee Responses

Drawing Numbers and Title

Drawing No. 01 Type: Site Location Plan Status: Approved

Notification to Department (if relevant)

Date of Notification to Department: Response of Department:

Application ID: LA09/2016/0783/F

Development Management Officer Report Committee Application

Summary Committee Meeting Date: Item Number: Application ID: LA09/2016/0783/F Target Date: Proposal: Location: Retrospective planning for car parking area Lands at the rear of no 2 - 12 Moneymore Road Cookstown

Referral Route: Contrary to Policy

Recommendation: Refusal Applicant Name and Address: Agent Name and Address: LCC Group Ltd Taggart Design 16 Churchtown ROad 133a Coolreaghs Road Lissan Cookstown Cookstown BT80 9QD BT80 9XD

Executive Summary:

Signature(s):

Application ID: LA09/2016/0783/F

Case Officer Report

Site Location Plan

Consultations: Consultation Type Consultee Response Statutory Transport NI - Enniskillen Office Statutory Transport NI - Enniskillen Advice Office Representations: Letters of Support None Received Letters of Objection None Received Number of Support Petitions and No Petitions Received signatures Number of Petitions of Objection and No Petitions Received signatures

Summary of Issues

Application ID: LA09/2016/0783/F

Impact on residential amenity TNI concerns

Characteristics of the Site and Area

The proposed site is located within Cookstown Settlement Limit within the northern part of the town, close to the junction between Moneymore and Lissan Road. The site is located to the rear of existing two-storey terraced dwellings which front onto Moneymore Road. An archway is located in the middle of the 6 townhouses and provides access to the car park to the rear. When I visited the site there were a number of cars parked in the car park area. The boundaries of the car park consist of wooden fences. The rear of the townhouses are separated from the car park by a low 1 metre timber fence. The car park appears to be quite new. There were signs relating to LCC House and NFU Mutual on the back fence. These appear to indicate that those particular spaces relate to that particular company. A sign was located in the entry identifying the car park. It also identified three companies which the car park likely facilitate. Two have already been listed. The other company mentioned was Patmond Energy Limited. The car park is Tarred and the spaces have been marked out with white lines.

The site lies within the town centre boundary of Cookstown, and just outside the area of townscape character. The surrounding area contains a mix of development including, residential, business and office use, a petrol filling station and a church hall all within the immediate area.

The proposal seeks planning permission for the retention of a car parking area.

Planning Assessment of Policy and Other Material Considerations

The proposal lies within the development limit of Cookstown on ‘whiteland’ as depicted in the Cookstown Area Plan 2010.

Relevant planning policies relating to the proposal include: -

1. Shaping Our Future - Regional Development Strategy for Northern Ireland 2025. 2. The Cookstown Area Plan 2010. 3. SPPS 4. Planning Policy Statement 3 - Access, Movement and Parking. 5. Planning Policy Statement 7 - Quality Residential Environments. 6. Planning Strategy for Rural Northern Ireland (DES 2).

Supplementary planning guidance is found in: -

1. Creating Places - Achieving Quality in Residential Developments. 2. Development Control Advice Note 8: Housing in Existing Urban Areas.

Planning History

A planning application, ref: I/2006/0885/F - proposed additional car parking for an existing office with a two car stacking system located at each individual parking space) was withdrawn on 10/09/07. The application was heading for refusal based on PPS 1 (General Principals) and PPS 3 (Access, Movement and Parking). This application only covered the yard area to the rear of numbers 2, 4 and 6. This car park covers the area to the rear of all 6 townhouses.

Application ID: LA09/2016/0783/F

Enforcement case LA09/2016/0169/CA was opened and is still pending on the outcome of this planning application.

The application seeks retrospective planning permission for a car parking area. The car park has been built to the rear of LCC House at the beginning of the Moneymore Road out of Cookstown. The construction of the car park has involved the removal of the rear amenity spaces of the 6 terraced houses (No.s 2, 4 6, 8, 10, 12 Moneymore Road), tarring the surface and leaving them with a tiny rear yard area not much wider than a pathway. There is therefore an amenity issue with the current car park. This was also recognised on the previous withdrawn application.

Assessment of policy and other material considerations.

This is contrary to the SPPS which states 'The need for adequate private and public amenity space is a prime consideration in all residential development and contributes to the mental and physical wellbeing as well as the strengthening of social cohesion'. In this instance the proposal has all but done away with the private rear amenity space and therefore private amenity is a major concern. Although the applicant has indicated that he may own the properties amenity is still a serious issue for the residents of them.

The SPPS also mentions under ‘Safeguarding Residential Environs’ that 'There are a wide range of environment and amenity considerations, including noise and air quality, which should be taken into account by the planning authority when managing development. The planning system has a role to play in minimising potential adverse effect such as noise or light pollution'. In this instance the proposal has basically absorbed a large proportion of residential amenity, also a 1 metre high closed board fence has been erected on the property’s new boundary and therefore there are concerns for the privacy for the residents. In addition, with the increased levels of traffic flow due to much higher numbers of vehicles moving in and out the residents will suffer from a greater degree of noise pollution.

The car park which the application seeks permission for would also conflict with Planning Strategy for Rural Northern Ireland (DES 2) which states that 'Development should provide reasonable standards of amenity both in terms of the environment and in terms of the effect it has on neighbouring properties.' In this instance there is an inherent incompatibility with neighbouring developments and in such cases Des 2 recommends that applications be refused.

With this proposal the levels of remaining private rear amenity space is as low as 5m2 for some of the effected dwellings. Creating Places - Achieving Quality in Residential Developments provides us with guidance in regards to the acceptable level of private open space provision. With apartments, flats or 1 bedroom houses on small urban sites the required private open space is between 10-30m2, this case would fall even below the minimum level required. In this case, however, with regard to the particular context of the properties I would even recommend that a minimum of 30m2 would be more appropriate.

PPS 7 - Quality Residential Environments also conflicts with the works that have been carried out at the proposed site, in that adequate provision for private open space and landscaped areas should be integral for any development. In this case the private open space is not sufficient and the small fence delineating the rear boundary is not adequate in providing any sort of softening to the visual impact of the development.

PPS 3 - Policy AMP 9 - Design of Car Parking states that; The planning authority will expect a high standard of design, layout and landscaping to accompany all proposals for car parking. Planning permission will only be granted for a proposal where all the following criteria are met:

Application ID: LA09/2016/0783/F

(a) it respects the character of the local townscape / landscape; (b) it will not adversely affect visual amenity; and (c) provision has been made for security, and the direct and safe access and movement of pedestrians and cyclists within the site.

In this case the proposal is out of keeping with the character of the area, where the houses enjoy a small rear area for amenity space, this car park has reduced this to an unacceptable level. It will also clearly have an adverse effect on visual amenity as previously discussed.

Transport NI were consulted on this application and have responded with a recommendation to refuse for the following reason; The development would if permitted, prejudice the safety and convenience of road users since the restricted width (3.05 m) of the existing access renders it unsatisfactory for 2 way traffic. This would lead to vehicles standing or reversing onto the Moneymore Road which is a protected route. It should also be noted that on the previous withdrawn application, Roads Service requested a two-way vehicle entrance of 6 meters in width to the car park. The width of the entry remains the same.

And finally it must also be added that the applicant has had a recently approved car park immediately opposite to and across the road from the site.

Recommendation - Refuse

Neighbour Notification Checked Yes

Summary of Recommendation:

The development is contrary to policy in that it has an adverse impact on the private rear amenity of the neighbouring dwellings, the privacy levels and visual and noise nuisance due to the increased movement of vehicles. TNI also have road safety concerns.

Refusal Reasons

1. The proposal is contrary to Planning Policy Statement 1: General Principles in that the proposal would unduly affect the amenity of the existing adjacent and nearby residents to the site by reason of loss of privacy, nuisance and general disturbance.

2. The development would if permitted, prejudice the safety and convenience of road users since the restricted width (3.05 m) of the existing access renders it unsatisfactory for 2 way traffic. This would lead to vehicles standing or reversing onto the Moneymore Road which is a protected route.

Signature(s)

Date:

Application ID: LA09/2016/0783/F

ANNEX

Date Valid 1st June 2016

Date First Advertised 16th June 2016

Date Last Advertised

Details of Neighbour Notification (all addresses) The Owner/Occupier, 1-3 Lissan Road,Monrush,Cookstown,Tyrone,BT80 8EN, The Owner/Occupier, 10 Moneymore Road Monrush Cookstown The Owner/Occupier, 12 Moneymore Road Monrush Cookstown The Owner/Occupier, 2 Lissan Road Cookstown Tyrone The Owner/Occupier, 2 Moneymore Road Monrush Cookstown The Owner/Occupier, 20 Millburn Street Cookstown Tyrone The Owner/Occupier, 21 Millburn Street Cookstown Tyrone The Owner/Occupier, 22 Millburn Street Cookstown Tyrone The Owner/Occupier, 23 Millburn Street Cookstown Tyrone The Owner/Occupier, 24 Millburn Street Cookstown Tyrone The Owner/Occupier, 25 Millburn Street Cookstown Tyrone The Owner/Occupier, 26 Millburn Street Cookstown Tyrone The Owner/Occupier, 27 Millburn Street Cookstown Tyrone The Owner/Occupier, 27A Millburn Street Cookstown Tyrone The Owner/Occupier, 27a-27c Millburn Street,Cookstown,Tyrone,BT80 8EG, The Owner/Occupier, 28-30 Millburn Street,Cookstown,Tyrone,BT80 8EG, The Owner/Occupier, 29 Millburn Street Cookstown Tyrone The Owner/Occupier, 2B Lissan Road Cookstown Tyrone The Owner/Occupier, 3 Moneymore Road Cookstown Londonderry The Owner/Occupier, 33 Millburn Street Cookstown Tyrone

Application ID: LA09/2016/0783/F

The Owner/Occupier, 34 Millburn Street Cookstown Tyrone The Owner/Occupier, 35 Millburn Street Cookstown Tyrone The Owner/Occupier, 37 Millburn Street Cookstown Tyrone The Owner/Occupier, 38 Millburn Street Cookstown Tyrone The Owner/Occupier, 39 Millburn Street Cookstown Tyrone The Owner/Occupier, 4 Lissan Road Cookstown Tyrone The Owner/Occupier, 4 Moneymore Road Monrush Cookstown The Owner/Occupier, 40 Millburn Street Cookstown Tyrone The Owner/Occupier, 41 Millburn Street Cookstown Tyrone The Owner/Occupier, 42 Millburn Street Cookstown Tyrone The Owner/Occupier, 43 Millburn Street Cookstown Tyrone The Owner/Occupier, 44 Millburn Street Cookstown Tyrone The Owner/Occupier, 45 Millburn Street Cookstown Tyrone The Owner/Occupier, 46 Millburn Street Cookstown Tyrone The Owner/Occupier, 47 Millburn Street Cookstown Tyrone The Owner/Occupier, 48 Millburn Street Cookstown Tyrone The Owner/Occupier, 49 Millburn Street Cookstown Tyrone The Owner/Occupier, 5 Lissan Road Monrush Cookstown The Owner/Occupier, 5 Moneymore Road Cookstown Londonderry The Owner/Occupier, 50 Millburn Street Cookstown Tyrone The Owner/Occupier, 51 Millburn Street Cookstown Tyrone The Owner/Occupier, 6 Lissan Road Cookstown Tyrone The Owner/Occupier, 6 Moneymore Road Monrush Cookstown The Owner/Occupier, 7 Lissan Road Monrush Cookstown The Owner/Occupier, 7 Moneymore Road Cookstown Londonderry

Application ID: LA09/2016/0783/F

The Owner/Occupier, 8 Lissan Road Cookstown Tyrone The Owner/Occupier, 8 Moneymore Road Monrush Cookstown The Owner/Occupier, 9 Lissan Road Monrush Cookstown The Owner/Occupier, 9 Moneymore Road Cookstown Londonderry The Owner/Occupier, 9A Lissan Road,Monrush,Cookstown,Tyrone,BT80 8EN, The Owner/Occupier, Gospel Hall, 11 Moneymore Road,Cookstown,Londonderry,BT80 8EQ, The Owner/Occupier, Moneymore Road,Monrush,Cookstown,Londonderry,BT80 8EQ,

Date of Last Neighbour Notification 13th June 2016

Date of EIA Determination ES Requested No

Planning History

Ref ID: I/2001/0097/A Proposal: Advertising Hoarding Address: 12 Moneymore Road, Cookstown Decision: Decision Date: 20.11.2001

Ref ID: I/1978/0395 Proposal: RENOVATIONS TO HOUSES Address: 2-20 MONEYMORE ROAD, COOKSTOWN Decision: Decision Date:

Ref ID: I/2006/0885/F Proposal: Proposed additional car parking for an existing office with a 'two car stacking system,' located at each individual parking space. Address: Rear of 1 Lissan Road & Rear of 2, 4 and 6 Moneymore Road, BT80 8EN Decision: Decision Date: 10.09.2007

Ref ID: I/2002/0682/F Proposal: Proposed Office Building Address: 1 Lissan Road, Cookstown Decision: Decision Date: 03.06.2003

Application ID: LA09/2016/0783/F

Ref ID: LA09/2016/0783/F Proposal: Retrospective planning for car parking area Address: Lands at the rear of no 2 - 12 Moneymore Road, Cookstown, Decision: Decision Date:

Summary of Consultee Responses

Transport NI were consulted on this application and have responded with a recommendation to refuse for the following reason; The development would if permitted, prejudice the safety and convenience of road users since the restricted width (3.05 m) of the existing access renders it unsatisfactory for 2 way traffic. This would lead to vehicles standing or reversing onto the Moneymore Road which is a protected route.

Drawing Numbers and Title

Drawing No. 01 Type: Site Location Plan Status: Submitted

Drawing No. 02 Type: Block/Site Survey Plans Status: Submitted

Notification to Department (if relevant)

Date of Notification to Department: Response of Department:

Application ID: LA09/2016/0941/F

Development Management Officer Report

Committee Application

Summary Committee Meeting Date: 01/11/2016 Item Number: Application ID: LA09/2016/0941/F Target Date: 17/10/2016 Proposal: Location: Proposed amended design house type P -site Sites 77 78 81 309 and 310 The Olde Fairways 77, 78 Avenue Proposed amended design house type D site 81,309 and 310 to previously approved M/2008/0501/F

Referral Route: 1 no. objection received

Recommendation: Approve Applicant Name and Address: Agent Name and Address: Rahoran Limited Neil Irvine Design Limited C/o.103 Main Street Unit 5 The Buttermarket Fivemiletown 132 Main Street Fivemiletown BT75 0PW

Executive Summary: Approve. Proposal complies with Policy QD 1 of PPS 7. Objection has been fully considered and does not merit refusal of this application.

Signature(s):

Application ID: LA09/2016/0941/F

Case Officer Report Site Location Plan

Consultations: Consultation Type Consultee Response Representations: Letters of Support None Received Letters of Objection 1 Number of Support Petitions and No Petitions Received signatures Number of Petitions of Objection No Petitions Received and signatures Summary of Issues

In line with statutory consultation duties as part of the General Development Procedure Order (GDPO) 2015 an advert was placed in local newspapers and adjoining landowners were consulted by letter.

1 no. objection has been received by the occupant of number 25 The Olde Fairways, Fivemiletown. The issues raised are summarised as follows:

1. Impact on light at number 25 due to the relocation of the garage on site 310 2. Impact on the future value and saleability of number 25 3. Aesthetics

The above issues have been fully considered and I would make the following comments: The proposed garage has a ridge height of 4.2m, length of 6m and width of 4.3m. It will have a separation distance of 7m from number 25 (at the closest point).The loss of light resulting from this relocated garage, in my opinion,is not considered to be significant.The garage is not excessive in height or width to block out light. If it were 200mm lower it could actually be considered permitted development. Impact on future value and saleability is not a material planning consideration if the proposal does not negatively impact on residential amenity. Its design is in keeping with the design of the overall development. I would therefore advise members that this representation raises no issues which would merit the refusal of this application.

Addendum: Following discussions with the agent, a revised layout has been submitted and the garage location has been amended so that it is not directly at the rear of number 25. The objector has been advised of this and is now content.

Application ID: LA09/2016/0941/F

Characteristics of the Site and Area

This application encompasses 3 different sites within The Olde Fairways Development, Fivemiletown. Development of these sites has just commenced on the ground. Access to the sites comes through the existing development and directly off the A4 which is a protected route.

This is a high density residential area within the development limits of Fivemiletown. The first phase of the development has been completed with most dwellings occupied. The area is also designated as an Area of Constraint on Minerals Development in the Dungannon and South Tyrone Area Plan 2010 (DSTAP).

Planning Assessment of Policy and Other Material Considerations

The Olde Fairways development was approved under M/2008/0501/F on thend 22September 2011. This current application proposes to amend the house types of 3 detached dwellings and 2 semi’s along with the re-positioning of 3 garages associated with the detached dwellings and the removal of garages associated with the semi’s.

Dungannon and South Tyrone Area Plan 2010 SPPS – Strategic Planning Policy Statement for Northern Ireland PPS 7 – Quality Residential Environments

The SPPS gives provision for Housing in Settlements subject to a number policy provisions. It does not present any change in policy direction with regards to residential development in settlements. As such, existing policy will be applied.

PPS 7 - Quality Residential Environments

PPS 7 is the relevant material planning policy for this type of development in the urban setting. All proposals for residential development will be expected to conform to a number of criteria laid out in the policy.

The proposed changes are minor in nature, involving only a slight increase in footprints, and windows. All changes respect the character of the existing development. These changes will not impact on any features of archaeological or built heritage or landscape features. Open space provision has been provided as part of M/2008/0501/F. Private amenity space is not being impacted upon. The provision of local neighbourhood facilities, an acceptable movement pattern and a design to deter crime would also have been considered and deemed acceptable under M/2008/0501/F. I have no concerns regarding the proposed dwelling designs or their impact on neighbouring residential amenity.

No consultations have been deemed necessary.

Neighbour Notification Checked Yes

Summary of Recommendation:

Approve. Proposal complies with Policy QD 1 of PPS 7. Objection has been fully considered and does not merit refusal of this application.

Application ID: LA09/2016/0941/F

Conditions

1. As required by Section 61 of the Planning Act (Northern Ireland) 2011, the development hereby permitted shall be begun before the expiration of 5 years from the date of this permission.

Reason: Time Limit.

2. This permission hereby granted relates solely to change of house types on sites 77, 78, 81, 309 and 310 approved under M/2008/0501/F. All other conditions contained within M/2008/0501/F remain applicable.

Reason: To ensure that all other conditions of the previous approval are adhered to, to ensure a quality residential environment.

Signature(s)

Date:

Application ID: LA09/2016/0941/F

ANNEX

Date Valid 4th July 2016

Date First Advertised 21st July 2016

Date Last Advertised 20th July 2016 Details of Neighbour Notification (all addresses) The Owner/Occupier, 1 The Olde Fairways Avenue, Fivemiletown The Owner/Occupier, 24 The Olde Fairways Corcreevy Demesne Fivemiletown The Owner/Occupier, 25 The Olde Fairways Corcreevy Demesne Fivemiletown Joyce Howard 25, The Olde Fairways, Fivemiletown, Tyrone, Northern Ireland, BT75 0SD The Owner/Occupier, 26 The Olde Fairways Corcreevy Demesne Fivemiletown The Owner/Occupier, 27 The Olde Fairways,Corcreevy

Date of Last Neighbour Notification 18th July 2016

Date of EIA Determination Not Applicable ES Requested Not Applicable

Planning History

Ref ID: LA09/2016/0941/F Proposal: Proposed amended design house type P -site 77, 78 Proposed amended design house type D site 81,309 and 310 to previously approved M/2008/0501/F Address: Sites 77,78,81,309 and 310, The Olde Fairways Avenue, Colebrooke Road, Fivemiletown, Decision: Decision Date:

Ref ID: M/2008/0501/F Proposal: Proposed residential housing development consisting of 19 detached houses, 1 block of 3 apartments, 2 blocks of 6 apartments, 1 block of 4 apartments, 1 block of 24 apartments, 110 semi-detached houses and 102 townhouses ( Total 274) Address: Proposed housing development on lands to the rear of No 50-92 Colebrook Road and "The Olde Fairways", Colebrook Road, Fivemiletown, entrance via "The Olde Fairways" Decision:

Application ID: LA09/2016/0941/F

Decision Date: 27.09.2011

Ref ID: M/2006/0513/F Proposal: Private Residential Housing. Address: Lands to the Rear of 'The Olde Fairways' and to the rear of no. 80, 78, 76 and 74 ,Colebrook Road, Fivemiletown, Entrance Via 'The Olde Fairways' Decision: Decision Date: 16.10.2007

Ref ID: M/2003/0268/Q Proposal: Housing Development Address: Immediately South & East of 92 Colebrook Road Fivemiletown Decision: Decision Date: 12.11.2003

Ref ID: M/2005/0238/Q Proposal: Housing development Address: Off the Olde Fairways, Colebrook Road, Fivemiletown Decision: Decision Date:

Summary of Consultee Responses

None deemed necessary

Drawing Numbers and Title

Drawing No. 02 rev 1 Type: Site Layout or Block Plan Status: Submitted

Drawing No. 04 Type: Proposed Plans Status: Submitted

Drawing No. 05 Type: Proposed Plans Status: Submitted

Drawing No. 01 Type: Site Location Plan Status: Submitted

Drawing No. 03 Type: Proposed Plans Status: Submitted

Application ID: LA09/2016/0941/F

Notification to Department (if relevant)

Date of Notification to Department: Response of Department:

Development Management Officer Report Committee Application

Summary Committee Meeting Date: 1st November Item Number: 2016 Application ID: LA09/2016/0947/O Target Date: Proposal: Location: Site of one dwelling and domestic garage 100m North West of junction to Strawmore Lane and Glengomna Road Draperstown Referral Route: Recommended for Refusal

Recommendation: REFUSAL Applicant Name and Address: Agent Name and Address: Vincent McKenna Architectural Services 200 Sixtowns Road 5 Drumderg Road Draperstown Draperstown BT45 7EU

Executive Summary: Proposal contrary to CTY 3 of PPS 21.

Signature(s): N. Hasson

Application ID: LA09/2016/0947/O

Case Officer Report Site Location Plan

Consultations: Consultation Type Consultee Response Non Statutory Environmental Health Mid Substantive Response Ulster Council Received

Non Statutory NI Water - Single Units No Objection West - Planning Consultations Statutory Transport NI - Enniskillen Advice Office Representations: Letters of Support None Received Letters of Objection None Received Number of Support Petitions and No Petitions Received signatures Number of Petitions of Objection No Petitions Received and signatures Summary of Issues No representations received.

Characteristics of the Site and Area

The site is located located approximately 2 km west of Draperstown in the open countryside, as defined by the Magherafelt Area Plan 2015. The site is located within the Sperrins Area of Outstanding Natural Beauty (AONB).

Page 2 of 6 Application ID: LA09/2016/0947/O

The site is set back approximately 30 metres from Strawmore Lane and is accessed via an existing laneway. The site is enclosed by mature trees along all boundaries. There are no public views of the site, apart from directly at the entrance to the site.

There is currently a small shed and the remains of a larger, old building on site. The gable wall of the building is substantially intact with evidence of a chimney stack within. There is also the remnants of another wall visible, which would appear to be the rear wall of the building. There is evidence of a window opening within this rear wall. There is no evidence of the other two walls. The applicant has explained in the Design and Access statement that the two walls were demolished as they posed a serious health and safety risk. There is also evidence of floor tiles on the ground.

The surrounding area is defined by mainly agricultural lands interspersed with single dwellings and farm complexes.

Planning Assessment of Policy and Other Material Considerations

Proposal: The proposal is a replacement dwelling and detached garage.

Site History: H/2009/0178/O for a replacement dwelling on the site was withdrawn.

Representations: No representations have been received.

Development Plan and Key Policy Considerations:

Magherafelt Area Plan 2015 Strategic Planning Policy Statement (SPPS) PPS 21 Sustainale Development in the Countryside PPS 3 Access, Movement and Parking

The application is for a replacement dwelling. The site is located in the open countryside as defined by the Magherafelt Area Plan 2015. There are a range of types of development which in principle are considered to be acceptable in the countryside. The site is also located within the Sperrins AONB, therefore a Design and Access statement is required for the proposal and was included with the original submission.

The SPPS provides a regional framework of planning policy that will be taken account of in the preparation of Mid Ulster Council’s Local Development Plan (LDP). At present, the LDP has not been adopted therefore transitional arrangements require the council to take account of the SPPS and existing planning policy documents, with the exception of PPS 1, 5 and 9. Section 6.73 of the SPPS relates to development that is acceptable in the countryside. Section 6.77 states that ‘proposals for development in the countryside must be sited and designed to integrate sympathetically with their surroundings, must not have an adverse impact on the rural character of the area, and meet other planning and environmental considerations including those for drainage, sewerage, access and road safety’.

Policy CTY 1 of PPS 21 defines a range of development that may be acceptable in the countryside and it includes the replacement of a dwelling. The submission suggests that the applicant wishes the proposal to be considered as a replacement dwelling under policy CTY 3 of PPS 21.

Page 3 of 6 Application ID: LA09/2016/0947/O

Policy CTY 3 states that planning permission will be granted for a replacement dwelling where the building to be replaced exhibits the essential characteristics of a dwelling and as a minimum all external structural walls are substantially intact. As previously discussed, all external walls are not substantially intact therefore it is my opinion that the proposal fails this policy test.

The Ministerial Statement by Alex Attwood, released on 16th July 2013 directed that additional flexibility should be used when an officer assesses whether a dwelling to be replaced meets the essential characteristics of a dwelling. The Statement provided an example of a dwelling which was considered an exception to Policy CTY 3 where the four walls were intact, as opposed to substantially intact. Even allowing for this greater flexibility, this proposal still fails the test as only two walls are intact, only one of which is substantially intact.

If the Planning Committee is minded to accept that the dwelling does qualify for replacement, the proposed building will be sited within the curtilage of the existing building, as per policy CTY 3. The site is very well screened therefore I have no concerns that the new dwelling will have a visual impact significantly greater than the existing building. Following consultation with Transport NI, Mid Ulster District Council Environmental Health and NI Water, I am content that all necessary services can be provided without significant adverse impact on the environment and that access to the public road will not prejudice road safety or significantly inconvenience the flow of traffic.

I have no residential amenity, ecology or flooding concerns.

Neighbour Notification Checked Yes

Summary of Recommendation:

It is my opinion that this planning application should be refused, as the existing building on site does not exhibit the essential characteristics of a dwelling and all external structural walls are not substantially intact.

Reasons for Refusal:

1. The proposal is contrary to Policies CTY1 and CTY3 of Planning Policy Statement 21, Sustainable Development in the Countryside, in that there is no structure that exhibits the essential characteristics of a dwelling and all external structural walls are not substantially intact.

Signature(s) N. Hasson

Date: 20/10/16

Page 4 of 6 Application ID: LA09/2016/0947/O

ANNEX

Date Valid 1st July 2016

Date First Advertised 21st July 2016

Date Last Advertised

Details of Neighbour Notification (all addresses) The Owner/Occupier, 17 Strawmore Lane Strawmore Draperstown The Owner/Occupier, 19 Strawmore Lane,Strawmore,Draperstown,Londonderry,BT45 7JJ,

Date of Last Neighbour Notification 27th July 2016

Date of EIA Determination ES Requested Yes /No

Planning History

Ref ID: LA09/2016/0947/O Proposal: Site of one dwelling and domestic garage Address: 100m North West of junction to Strawmore Lane and Glengomna Road, Draperstown, Decision: Decision Date:

Ref ID: H/1992/0632 Proposal: SITE OF DWELLING Address: DOON RD DRAPERSTOWN Decision: Decision Date:

Ref ID: H/2009/0178/O Proposal: Proposed site of replacement dwelling. Address: Approx 100m North West of the Junction of Glengoma Road and Strawmore Lane, Draperstown Decision: Decision Date: 14.09.2010

Page 5 of 6 Application ID: LA09/2016/0947/O

Summary of Consultee Responses

Consultation: Transport NI have no objection to the development, subject to conditions and informatives.

Drawing Numbers and Title

Drawing No. 02 Type: Site Layout or Block Plan Status: Submitted

Drawing No. 01 Type: Site Location Plan Status: Submitted

Notification to Department (if relevant)

Date of Notification to Department: Response of Department:

Page 6 of 6 Comhairle Ceantair LarUladh DistrictMid Ulster Council

Development Management Officer Report Committee Application

Summary Committee Meeting Date: Item Number: Application ID: LA09/2016/0999/0 Target Date: 1/11/16 Proposal: Location: Proposed Dwelling on a farm Approximately 80m SW of 39 Mountjoy Road DunQannon Referral Route:

Recommendation to refuse.

Recommendation: Refusal Applicant Name and Address: Agent Name and Address: Martha Dunlop Jeffrey Marrow 39 Mounjoy Road 15 Finglush Road Killeen Caledon Dungannon BT684XW -· ·- - ·-

Executive Summary:

Signature(s):

•..;:;_

Application ID: LA09/2016/1114/F

Development Management Officer Report

Committee Application

Summary Committee Meeting Date: 01/11/2016 Item Number: Application ID: LA09/2016/1114/F Target Date: 28/11/2016 Proposal: Location: Refurbishment of existing listed building to Strathmullan House 56 Killymeal Road include demolition of existing 2 storey rear Dungannon return and construction of new 2 storey extension to rear and 1 new single storey extension to rear

Referral Route: Application is being recommended for refusal

Recommendation: Refuse Applicant Name and Address: Agent Name and Address: Stephen And Kiera Boyle David Maxwell 11 Hillcroft 12 Ballyblaugh Road Dungannon Newry BT43 1RR

Signature(s):

Application ID: LA09/2016/1114/F

Case Officer Report Site Location Plan

Consultations: Consultation Type Consultee Response Statutory Historic Environment Recommending Refusal Division (HED) Representations: Letters of Support None Received Letters of Objection None Received Number of Support Petitions and No Petitions Received signatures Number of Petitions of Objection No Petitions Received and signatures Summary of Issues

There have been no objections from any third party. HED raised concerns regarding the proposed window finishes (UPVC). This concern was relayed to the agent who advised that his client did not wish to pursue a hardwood timber finish as requested by HED. HED therefore have recommended refusal of the application as they feel that UPVC window and door finishes are contrary to policy BH8 of PPS 6.

Application ID: LA09/2016/1114/F

Characteristics of the Site and Area

The application site is a 0.66 hectare plot of land which takes in Strathmullan House, a two storey Grade 2 Listed derelict dwelling and its extensive domestic curtilage. The dwelling is included on the Built Heritage At Risk NI (BHARNI) Register. It is located to the immediate North of numbers 3, 5 and 10 Strathmullan, a low density residential development within the development limits of Dungannon Town. The site is elevated above the level of the existing dwellings in Strathmullan and is accessed via a sweeping hard core driveway which runs along the side and rear of number 3 Strathmullan. The dwelling itself has a slate roof with 2 chimneys finished in red brick. The external lower walls are finished in sandstone and the upper walls are finished in red clay brickwork. Rain water pipes and gutters are finished in cast iron. The front elevation has a two storey centralised projection and ground floor bay windows. The dwelling also has two storey rear return. The majority of windows are boarded up. The immediate area is residential in character, with Strathmullan to the South, Viewfort to the North East and Dunavon Heights to the North. To the North West of the site is a zoned community woodland (DCW01) Dunlea Vale. Planning Assessment of Policy and Other Material Considerations

Planning History

M/2007/1118/F Erection of 4 detached dwellings, site road and retention of existing dwelling with new access at lands at and inclusive of 56 Strathmullan House, Killymeal Road, Dungannon. (amended proposal). Refused by DOE on 10/07/2008. Appeal lodged (2008/A0303) and dismissed on 03/06/2010. LA09/2015/0179CA Urgent Works Notice. Case has been closed.

• Dungannon and South Tyrone Area Plan 2010 (DSTAP) • SPPS – Strategic Planning Policy Statement for Northern Ireland • PPS 6 – Planning Archaeology and the Built Heritage • Addendum to PPS 7 – Residential Extensions and Alterations

The site is within the settlement limits of Dungannon Town as designated in the DSTAP. It is not zoned for any particular use. It has an existing residential land use and is in an established residential area. As such it this proposed residential extension is in general compliance with the Area Plan. The SPPS gives provision for Housing in Settlements and for Archaeology and Built Heritage. It does not present any change in policy direction with regards toither. e As such the relevant existing planning policies will form the main considerations in my assessment. This proposal involves the refurbishment of the existing listed building which includes the demolition of the existing two storey rear return, the construction of a new two storey rear extension and the construction of a new single storey rear extension. More specifically the changes are as follows: • Main and Secondary Chimneys – Replace pots. Repair copings, pointings and flashings. • RHS Bay Roof – New roof structure finished in bangor blue slates to match existing. • LHS Bay Roof – Construct new flat roof structure. • Upper Walls – Brick work repaired with bricks and mortar to match existing. • Lower Walls – Existing cut sandstone to be cleaned and sealed. • Single storey rear extension – Parapet wall finished with concrete and hardwood timber cladding. External walls finished in zinc/copper metal standing. • External Joinery – All soffits, bargeboards and rafter tails replaced with similar profiles. • Two storey rear extension – Finished in red clay brick to match existing. New roof covering to match existing.

Application ID: LA09/2016/1114/F

• Windows – All existing decayed window frames replaced with new double glazed PVC timber effect windows • Both Mid Ulster Council and Historic Environment Division (HED) attended a Pre-Application Meeting on this site with the applicant’s and their agent on the 22nd July 2016 in respect of the proposed works. Following this meeting the applicant’s were formally advised that whilst the works of conservation and re-use of this Listed Building as a family home were welcomed amendments to the scheme were required. In particular they were advised that the use of UPVC windows would not be acceptable. Policy Considerations: PPS 6 – Policy BH 8 Extension or Alteration of a Listed Building

As the existing dwelling is a Listed Building (HB13/17/006) I have formally consulted with Historic Environment Division (HED). They have advised Mid Ulster Council that they consider the proposal to be contrary to BH 8, in that if permitted: (a) The use of UPVC windows would detract from the buildings essential character and features of special interest, which would fail to remain intact and unimpaired. (b) The use of UPVC fails to make use of traditional and/or sympathetic building materials and techniques. (c) The window and door details are not in keeping with the Listed Building. HED state that the insertion UPVC windows is damaging to the character and appearance of Listed Buildings due to their strength, thickness of frame and the material not being appropriate to the buildings place in time. HED have stated that hardwood timber would be an acceptable finish and that double glazing would be acceptable in the large opening casement windows provided that sections are slim profile and do not exceed a 12mm depth. On the basis that the applicant is proposing a UPVC finish to the windows and doors, I would agree with HED that this proposal fails to comply with policy BH 8 of PPS 6. Addendum to PPS 7 – Policy EXT 1 Residential Extensions and Alterations (a) The proposed scale, massing and design of both the single storey and two storey rear extensions are acceptable. The two storey rear extension will not be visible on approach to the dwelling or from Strathmullan. The single storey extension will be visible on approach to the dwelling and whilst it adds a modern element to the dwelling, it does not look out of place. The proposed UPVC glazing would be an acceptable finish only due to the fact that the building is Listed. (b) I am satisfied that the re-use of this derelict dwelling, along with the proposed extensions will not unduly affect the privacy of neighbouring residents. Although the site is elevated and to the rear of 2 detached dwellings, it is sited approx. 14m from the rear boundary of these properties and approx. 25m from the rear elevations of these dwellings. This is sufficient distance to ensure there is no loss of privacy, loss of light and no overlooking. The existing domestic driveway is being utilised. A new hawthorn hedge is proposed along the Southern boundary of the site which will through time provide additional privacy. (c) There are no protected trees on the site. There is a community woodland located to the NW and West of the site which will not be impacted upon by this proposal. (d) Sufficient space remains within the curtilage of this property for recreational and domestic purposes. On the basis of this assessment, I am recommending that this application be refused as it fails to comply with Policy BH 8 of PPS 6.

Neighbour Notification Checked Yes

Summary of Recommendation:

Application ID: LA09/2016/1114/F

The proposal fails to satisfy BH8 (Extension or Alteration of a Listed Building) of PPS6. The insertion of uPVC windows is damaging to the character and appearance of historic buildings. For reasons of strength, the thickness of frame members tends to be greater in plastic windows than in traditional timber ones, but moreover, it is not a material appropriate to the buildings place in time, and this is the overriding reason for their being unacceptable under policy.

Reason for Refusal:

1. The proposal fails to satisfy policy BH8 (Extension or Alteration of a Listed Building) of Planning Policy Statement 6, Planning, Archaeology and the Built Heritage as the criteria therein are not met (as below): a.the essential character of the building and its setting are not retained and its features of special interest do not remain intact and unimpaired due to b. the works being proposed which do not make use of traditional and/or sympathetic building materials and techniques which match or are in keeping with those found on the building; and c. the architectural details (windows) are not in keeping with the building.

Signature(s)

Date:

Application ID: LA09/2016/1114/F

ANNEX

Date Valid 12th August 2016

Date First Advertised 25th August 2016

Date Last Advertised

Details of Neighbour Notification (all addresses) The Owner/Occupier, 10 Dunavon Heights Mullaghadun Dungannon The Owner/Occupier, 10 Strathmullan Mullaghadun Dungannon The Owner/Occupier, 11 Dunavon Heights Mullaghadun Dungannon The Owner/Occupier, 2 Strathmullan Mullaghadun Dungannon The Owner/Occupier, 22 Viewfort Mullaghadun Dungannon The Owner/Occupier, 23 Viewfort Mullaghadun Dungannon The Owner/Occupier, 24 Viewfort Mullaghadun Dungannon The Owner/Occupier, 25 Viewfort Mullaghadun Dungannon The Owner/Occupier, 26 Viewfort Mullaghadun Dungannon The Owner/Occupier, 3 Strathmullan Mullaghadun Dungannon The Owner/Occupier, 4 Strathmullan Mullaghadun Dungannon The Owner/Occupier, 5 Strathmullan Mullaghadun Dungannon The Owner/Occupier, 6 Strathmullan Mullaghadun Dungannon The Owner/Occupier, 8 Strathmullan Mullaghadun Dungannon The Owner/Occupier, 9 Dunavon Heights Mullaghadun Dungannon

Date of Last Neighbour Notification 23rd August 2016

Date of EIA Determination N/A ES Requested N/A

Application ID: LA09/2016/1114/F

Planning History

Ref ID: LA09/2016/1115/LBC Proposal: Refurbishment of existing listed building to include demolition of existing 2 storey rear return and construction of new 2 storey extension to rear and 1 new single storey extension to rear Address: Strathmullan House, 56 Killymeal Road, Dungannon, Decision: Decision Date:

Ref ID: LA09/2016/1114/F Proposal: Refurbishment of existing listed building to include demolition of existing 2 storey rear return and construction of new 2 storey extension to rear and 1new single storey extension to rear Address: Strathmullan House, 56 Killymeal Road, Dungannon, Decision: Decision Date:

Ref ID: LA09/2016/0943/PAD Proposal: Alteration and enlargement or improvement of a dwelling Address: Strathmullan House, 56 Killymeal Road, Dungannon, Decision: Decision Date:

Ref ID: M/2014/0296/F Proposal: Single storey garage conversion and extension to existing dwelling Address: 22, Viewfort, Dungannon, Decision: PG Decision Date: 11.07.2014

Ref ID: M/1995/0332 Proposal: Housing Development Address: GROUNDS OF STRATHMULLAN HOUSE KILLYMEAL ROAD DUNGANNON Decision: Decision Date:

Ref ID: M/1988/0863 Proposal: Housing Development Address: GROUNDS OF STRATHMULLAN HOUSE KILLYMEAL ROAD DUNGANNON Decision: Decision Date:

Ref ID: M/1977/0059 Proposal: PRIVATE HOUSING DEVELOPMENT Address: MULLAGHADUN, KILLYMEAL ROAD, DUNGANNON

Application ID: LA09/2016/1114/F

Decision: Decision Date:

Ref ID: M/1977/005902 Proposal: 5 NO DWELLINGS Address: SITES 6, 7, 10, 11 AND 25 VIEWFORT, KILLYMEAL ROAD, DUNGANNON Decision: Decision Date:

Ref ID: M/1977/005901 Proposal: 22 DWELLINGS. PRIVATE HOUSING DEVELOPMENT Address: KILLYMEAL ROAD, MULLAGHADUN, DUNGANNON Decision: Decision Date:

Ref ID: M/1999/0158 Proposal: Dwelling Address: SITE ADJACENT TO SITE 1 STRATHMULLAN DUNGANNON Decision: Decision Date:

Ref ID: M/1989/0348 Proposal: 2 Storey Dwelling Address: SITE NO 25 VIEWFORT KILLYMEAL ROAD DUNGANNON Decision: Decision Date:

Ref ID: M/1987/0352 Proposal: DWELLING Address: SITE 25 VIEWFORT, KILLYMEAL ROAD, DUNGANNON Decision: Decision Date:

Ref ID: M/1991/0171 Proposal: Erection of dwelling Address: SITE 23 VIEWFORT DUNGANNON Decision: Decision Date:

Ref ID: M/1992/0124 Proposal: Erection of Dwelling Address: SITE 22 VIEWFORT KILLYMEAL ROAD DUNGANNON Decision: Decision Date:

Application ID: LA09/2016/1114/F

Ref ID: M/1987/0358 Proposal: DWELLING Address: 20 VIEWFORT, KILLYMEAL ROAD, DUNGANNON Decision: Decision Date:

Ref ID: M/2007/1118/F Proposal: Erection of 4 detached dwellings, site road and retention of existing dwelling with new access at lands at and inclusive of 56 Strathmullan House, Killymeal Road, Dungannon. (amended proposal) Address: Lands adjacent to and inclusive of 56 Strathmullan House, Strathmullan, Killymeal Road, Dungannon Decision: Decision Date:

Summary of Consultee Responses:

Historic Environment Division consider the proposal is contrary to Policy BH 8 of PPS 6. This is in respect of the proposed UPVC windows. They have recommended that windows should be replaced with hardwood timber.

Application ID: LA09/2016/1114/F

Drawing Numbers and Title Drawing No. 05 Type: Existing Plans Status: Submitted

Drawing No. 06 Type: Existing Plans Status: Submitted

Drawing No. 03 Type: Existing Elevations Status: Submitted

Drawing No. 04 Type: Roof Details Status: Submitted

Drawing No. 02 Type: Existing Floor Plans Status: Submitted

Drawing No. 07 Type: Site Layout or Block Plan Status: Submitted

Drawing No. 12 Type: Proposed Plans Status: Submitted

Drawing No. 11 Type: Proposed Plans Status: Submitted

Drawing No. 10 Type: Roof Details Status: Submitted

Drawing No. 09 Type: Proposed Elevations Status: Submitted

Drawing No. 08 Type: Proposed Floor Plans Status: Submitted

Drawing No. 01 Type: Site Location Plan Status: Submitted

Application ID: LA09/2016/1114/F

Notification to Department (if relevant)

Date of Notification to Department: Response of Department:

Application ID: LA09/2016/1115/LBC

Development Management Officer Report

Committee Application

Summary Committee Meeting Date: 01/11/2016 Item Number: Application ID: LA09/2016/1115/LBC Target Date: 28/11/2016 Proposal: Location: Refurbishment of existing listed building to Strathmullan House 56 Killymeal Road include demolition of existing 2 storey rear Dungannon return and construction of new 2 storey extension to rear and 1 new single storey extension to rear

Referral Route: Application for Listed Building Consent is being recommended for refusal

Recommendation: Refuse Applicant Name and Address: Agent Name and Address: Stephen and Kiera Boyle David Maxwell 11 Hillcroft 12 Ballyblaugh Road Dungannon Newry BT34 1RR

Signature(s):

Application ID: LA09/2016/1115/LBC

Case Officer Report Site Location Plan

Consultations: Consultation Type Consultee Response Statutory Historic Environment Recommend Refusal Division (HED) Representations: Letters of Support None Received Letters of Objection None Received Number of Support Petitions and No Petitions Received signatures Number of Petitions of Objection No Petitions Received and signatures Summary of Issues

There have been no objections from any third party. HED have raised concerns regarding the proposed window finishes (UPVC). This concern was relayed to the agent who advised that his client did not wish to pursue a hardwood timber finish as requested by HED. HED therefore have recommended refusal of the application as they feel that UPVC window and door finishes are contrary to policy BH8 of PPS 6.

Application ID: LA09/2016/1115/LBC

Characteristics of the Site and Area

The application site is a 0.66 hectare plot of land which takes in Strathmullan House, a two storey Grade 2 Listed derelict dwelling and its extensive domestic curtilage. The dwelling is included on the Built Heritage At Risk NI (BHARNI) Register. It is located to the immediate North of numbers 3, 5 and 10 Strathmullan, a low density residential development within the development limits of Dungannon Town. The site is elevated above the level of the existing dwellings in Strathmullan and is accessed via a sweeping hard core driveway which runs along the side and rear of number 3 Strathmullan. The dwelling itself has a slate roof with 2 chimneys finished in red brick. The external lower walls are finished in sandstone and the upper walls are finished in red clay brickwork. Rain water pipes and gutters are finished in cast iron. The front elevation has a two storey centralised projection and ground floor bay windows. The dwelling also has two storey rear return. The majority of windows are boarded up. The immediate area is residential in character, with Strathmullan to the South, Viewfort to the North East and Dunavon Heights to the North. To the North West of the site is a zoned community woodland (DCW01) Dunlea Vale.

Planning Assessment of Policy and Other Material Considerations

Planning History

LA09/2016/1114/F - Refurbishment of existing listed building to include demolition of existing 2 storey rear return and construction of new 2 storey extension to rear and 1 new single storey extension to rear. Refusal recommended.

M/2007/1118/F - Erection of 4 detached dwellings, site road and retention of existing dwelling with new access at lands at and inclusive of 56 Strathmullan House, Killymeal Road, Dungannon. (amended proposal). Refused by DOE on 10/07/2008. Appeal lodged (2008/A0303) and dismissed on 03/06/2010. LA09/2015/0179CA Urgent Works Notice. Case has been closed.

Policy Considerations

SPPS – Strategic Planning Policy Statement for Northern Ireland PPS 6 – Planning Archaeology and the Built Heritage

The SPPS gives provision for Archaeology and Built Heritage. It does not present any change in policy direction from that directed in PPS 6. As such the existing planning policy, PPS 6, will form the main considerations in my assessment.

This proposal involves the refurbishment of the existing listed building which includes the demolition of the existing two storey rear return, the construction of a new two storey rear extension and the construction of a new single storey rear extension. More specificallythe changes are as follows: • Main and Secondary Chimneys – Replace pots. Repair copings, pointings and flashings. • RHS Bay Roof – New roof structure finished in bangor blue slates to match existing. • LHS Bay Roof – Construct new flat roof structure. • Upper Walls – Brick work repaired with bricks and mortar to match existing. • Lower Walls – Existing cut sandstone to be cleaned and sealed. • Single storey rear extension – Parapet wall finished with concrete and hardwood timber cladding. External walls finished in zinc/copper metal standing. • External Joinery – All soffits, bargeboards and rafter tails replaced with similar profiles.

Application ID: LA09/2016/1115/LBC

• Two storey rear extension – Finished in red clay brick to match existing. New roof covering to match existing. • Windows – All existing decayed window frames replaced with new double glazed PVC timber effect windows

Both Mid Ulster Council and Historic Environment Division attended a Pre-Application Meeting on this site with the applicants and their agent on the 22nd July 2016 in respect of the proposed works. Following this meeting the applicants were formally advised that whilst the works of conservation and re-use of this Listed Building as a family home were welcomed amendments to the scheme were required. In particular they were advised that the use of UPVC windows would not be acceptable. PPS 6 – Policy BH 8 Extension or Alteration of a Listed Building

As the existing dwelling is a Listed Building (HB13/17/006) I have formally consulted with Historic Environment Division (HED). They have advised Mid Ulster Council that they consider the proposal to be contrary to BH 8, in that if permitted: (a) The use of UPVC windows would detract from the buildings essential character and features of special interest, which would fail to remain intact and unimpaired. (b) They have also advised that the use of UPVC fails to make use of traditional and/or sympathetic building materials and techniques. (c) The window and door details are not in keeping with the Listed Building. HED state that the insertion UPVC windows is damaging to the character and appearance of Listed Buildings due to their strength, thickness of frame and the material not being appropriate to the buildings place in time. HED have stated that hardwood timber would be an acceptable finish and that double glazing would be acceptable in the large opening casement windows provided that sections are slim profile and do not exceed a 12mm depth. On the basis that the applicant is proposing a UPVC finish to the windows and doors, I would agree with HED that this proposal fails to comply with policy BH 8 of PPS 6.

Neighbour Notification Checked Yes

Summary of Recommendation:

The proposal fails to satisfy BH8 (Extension or Alteration of a Listed Building) of PPS6. The insertion of uPVC windows is damaging to the character and appearance of historic buildings. For reasons of strength, the thickness of frame members tends to be greater in plastic windows than in traditional timber ones, but moreover, it is not a material appropriate to the buildings place in time, and this is the overriding reason for their being unacceptable under policy.

Reason for Refusal:

1.The proposal fails to satisfy BH8 (Extension or Alteration of a Listed Building) of Planning Policy Statement 6, Planning, Archaeology and the Built Heritage as the criteria therein are not met (as below): a.the essential character of the building and its setting are not retained and its features of special interest do not remain intact and unimpaired due to b.the works being proposed which do not make use of traditional and/or sympathetic building materials and techniques which match or are in keeping with those found on the building; and

Application ID: LA09/2016/1115/LBC

c. the architectural details (windows) are not in keeping with the building.

Signature(s)

Date:

Application ID: LA09/2016/1115/LBC

ANNEX

Date Valid 12th August 2016

Date First Advertised 25th August 2016

Date Last Advertised 25th August 2016

Details of Neighbour Notification (all addresses)

No statutory requirement to notify neighbours with applications for Listed Building Consent.

Date of Last Neighbour Notification N/A

Date of EIA Determination N/A ES Requested Yes /No

Planning History

Ref ID: M/1988/0863 Proposal: Housing Development Address: GROUNDS OF STRATHMULLAN HOUSE KILLYMEAL ROAD DUNGANNON Decision: Decision Date:

Ref ID: M/1977/0059 Proposal: PRIVATE HOUSING DEVELOPMENT Address: MULLAGHADUN, KILLYMEAL ROAD, DUNGANNON Decision: Decision Date:

Ref ID: M/1977/005902 Proposal: 5 NO DWELLINGS Address: SITES 6, 7, 10, 11 AND 25 VIEWFORT, KILLYMEAL ROAD, DUNGANNON Decision: Decision Date:

Ref ID: M/1977/005901 Proposal: 22 DWELLINGS. PRIVATE HOUSING DEVELOPMENT Address: KILLYMEAL ROAD, MULLAGHADUN, DUNGANNON Decision: Decision Date:

Application ID: LA09/2016/1115/LBC

Ref ID: M/1999/0158 Proposal: Dwelling Address: SITE ADJACENT TO SITE 1 STRATHMULLAN DUNGANNON Decision: Decision Date:

Ref ID: M/1989/0348 Proposal: 2 Storey Dwelling Address: SITE NO 25 VIEWFORT KILLYMEAL ROAD DUNGANNON Decision: Decision Date:

Ref ID: M/1987/0352 Proposal: DWELLING Address: SITE 25 VIEWFORT, KILLYMEAL ROAD, DUNGANNON Decision: Decision Date:

Ref ID: M/1991/0171 Proposal: Erection of dwelling Address: SITE 23 VIEWFORT DUNGANNON Decision: Decision Date:

Ref ID: M/1992/0124 Proposal: Erection of Dwelling Address: SITE 22 VIEWFORT KILLYMEAL ROAD DUNGANNON Decision: Decision Date:

Ref ID: M/1987/0358 Proposal: DWELLING Address: 20 VIEWFORT, KILLYMEAL ROAD, DUNGANNON Decision: Decision Date:

Ref ID: M/2007/1118/F Proposal: Erection of 4 detached dwellings, site road and retention of existing dwelling with new access at lands at and inclusive of 56 Strathmullan House, Killymeal Road, Dungannon. (amended proposal) Address: Lands adjacent to and inclusive of 56 Strathmullan House, Strathmullan, Killymeal Road, Dungannon Decision:

Application ID: LA09/2016/1115/LBC

Decision Date:

Ref ID: LA09/2016/1115/LBC Proposal: Refurbishment of existing listed building to include demolition of existing 2 storey rear return and construction of new 2 storey extension to rear and 1 new single storey extension to rear Address: Strathmullan House, 56 Killymeal Road, Dungannon, Decision: Decision Date:

Ref ID: LA09/2016/1114/F Proposal: Refurbishment of existing listed building to include demolition of existing 2 storey rear return and construction of new 2 storey extension to rear and 1new single storey extension to rear Address: Strathmullan House, 56 Killymeal Road, Dungannon, Decision: Decision Date:

Ref ID: LA09/2016/0943/PAD Proposal: Alteration and enlargement or improvement of a dwelling Address: Strathmullan House, 56 Killymeal Road, Dungannon, Decision: Decision Date:

Ref ID: M/2014/0296/F Proposal: Single storey garage conversion and extension to existing dwelling Address: 22, Viewfort, Dungannon, Decision: PG Decision Date: 11.07.2014

Ref ID: M/1990/0418 Proposal: Dwelling House Address: GROUNDS OF STRATHMULLAN HOUSE (TO THE REAR OF 56 KILLYMEAL ROAD.) DUNGANNON. Decision: Decision Date:

Ref ID: M/1993/0669 Proposal: Site for dwelling house Address: APPROX 80 M SOUTH EAST OF STRATHMULLAN HOUSE, KILLYMEAL ROAD, DUNGANNON. Decision: Decision Date:

Application ID: LA09/2016/1115/LBC

Ref ID: M/1995/0332 Proposal: Housing Development Address: GROUNDS OF STRATHMULLAN HOUSE KILLYMEAL ROAD DUNGANNON Decision: Decision Date:

Summary of Consultee Responses

Historic Environment Division consider the proposal is contrary to Policy BH 8 of PPS 6. This is in respect of the proposed UPVC windows. They have recommended that windows should be replaced with hardwood timber

Application ID: LA09/2016/1115/LBC

Drawing Numbers and Title

Drawing No. 04 Type: Roof Details Status: Submitted

Drawing No. 05 Type: Existing Plans Status: Submitted

Drawing No. 06 Type: Existing Plans Status: Submitted

Drawing No. 07 Type: Proposed Plans Status: Submitted

Drawing No. 09 Type: Proposed Elevations Status: Submitted

Drawing No. 10 Type: Roof Details Status: Submitted

Drawing No. 11 Type: Proposed Plans Status: Submitted

Drawing No. 12 Type: Proposed Plans Status: Submitted

Drawing No. 02 Type: Existing Floor Plans Status: Submitted

Drawing No. 03 Type: Existing Elevations Status: Submitted

Drawing No. 01 Type: Site Location Plan Status: Submitted

Drawing No. 08 Type: Proposed Floor Plans Status: Submitted

Application ID: LA09/2016/1115/LBC

Notification to Department (if relevant)

Date of Notification to Department: Response of Department:

C

Application ID: LA09/2015/0085/O

Deferred Consideration Report

Summary Case Officer: Karen Doyle

Application ID: LA09/2015/0085/O

Proposal: Location: Dwelling and garage 80m South East of 11 Strawmore Lane Draperstown Access via Doon Road Applicant Name and Address: Agent name and Address: Gerard Kelly CMI Planners Ltd 11 Strawmore Lane Unit C8 The Rainey Centre Draperstown 80-82 Rainey Street Magherafelt BT45 5AG

Summary of Issues:

Policy CTY10 – lack of visual linkage with an established group of buildings on the farm.

Page 2 of 5

Application ID: LA09/2015/0085/O

Summary of Consultee Responses: No objections.

Characteristics of the Site and Area:

Description of proposal The proposal is for a site for a dwelling and garage on a farm.

Characteristics of the site and area The site is located within a small field and set to the rear of an existing bungalow (no.11) with the base of a second dwelling located to the rear of no.11.The site is accessed from an existing laneway which leads past a shed and adjacent compound and also past the two aforementioned dwellings. Ground levels rise up from the Doon Road towards no.11 before falling towards the

Page 3 of 5

Application ID: LA09/2015/0085/O

entrance to the site. The landform continues to rise from the site towards the south before falling away again towards the public road. There are post and wire fences along the boundaries to the north and west with a mature thorn hedge along the southern boundary while the eastern boundary is undefined.

Deferred Consideration:

The main policy considerations in the assessment of this application were:- CTY10 and the proposed siting of this dwelling on a farm away from an established group of buildings.

Whilst the Commissioner in an earlier appeal at this location, 2014/A0017, considered that the footings to the rear of no.11 cannot be considered as representing part of an established building group for the purposes of CTY 10, and that No 11 and its garage did not constitute a group, the Chief Commissioner in a recent planning appeal relating to a CTY10 dwelling proposal on Ballyneil Road, Loup (2014/A0219 which was reported to the Committee recently) has formed a view that the definition of a group of buildings can constitute a dwelling and garage. In light of this decision and broad definition by the PAC I am minded now to accept that the siting requirements of CTY10 are now satisfied with this application which is sited with No 11 and its garage at No 11 Strawmore Lane.

Turning to earlier concerns relation to potential prominence - in visiting the site I conclude that the proposed siting is far enough beyond the crest line to remove any harmful views on the approach from the north( if ridge height is limited to 5.5m) . From other minor roads the degree of roadside vegetation and undulating topography acts to assist integration and in the fact a dwelling would appear slightly below road level from Strawmore Lane for example.

PPS 3 - Access, Movement and Parking; Transport NI advised that they have no objection to the proposed development subject to conditions.

Consultation responses All consultees have responded positively.

Recommendation

On consideration of the above, it is my opinion that planning permission should be granted for the proposed development subject to conditions.

Conditions

Conditions:

1. Ridge height no greater than 5.5m measured from the lowest point of existing ground level within the site

Page 4 of 5

Application ID: LA09/2015/0085/O

2. Additional planting to all undefined boundaries. 3. 2.4 x60m splays in both directions to be provided prior to any commencement of development.

Signature(s): M.Bowman

Date 18th Oct 2016.

Page 5 of 5

Application ID: LA09/2015/1098/F Deferred Consideration Report

Summary Case Officer: Emma McCullagh

Application ID: LA09/2015/1098/F Target Date:

Proposal: Location: Proposed 2 Detached bungalow Lands 50m to the North West of 8 Brackaville dwelling houses Road Coalisland

Applicant Name and Address: Agent name and Address: James Mcguinness Clarman and Co. Grianan Unit 1 8 Brackaville Road 33 Dungannon Road Coalisland Coalisland BT71 4HP

Location Map

Application ID: LA09/2015/1098/F Characteristics of the Site and Area:

The site is located just outside the limits of development of Coalisland as defined in the Dungannon and South Tyrone Area Plan 2010, on land approx. 50m North West of No. 8 Brackaville Road. The land is undeveloped at present and is defined by rushes and rough grazing land. The roadside boundary is defined by an existing foot path, behind which is a 1 m high post and wire fence. Part of the SE boundary is shared with the curtilage of No. 8 Brackaville Road, the remainder of the boundary is not clearly defined. The SW boundary is not defined. The NW boundary follows an existing boundary fence that follows an existing access to lands further to the west and north. The site slopes gently downhill from roadside to the west. There are mature trees located along the SW boundary and within the south western half of the site.

There is mostly residential development surrounding the site to the SE, east, north and north west. There is a linear row of dwellings with individual access points onto Brackaville Road located to the SE and NW. Opposite the application site there is more in-depth residential development and all these are located within Coalisland Development Limits. There is agricultural land located to the west and south of the site, these lands are outside the development limits of Coalisland, including the application site.

Deferred Consideration:

This application was presented as a refusal to Committee on 1 March 2016 and subsequently deferred to further consider information submitted by the agent to address each of the six refusal reasons stated below;

1. The proposal is contrary 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.

2. The proposal is contrary to Policy CTY8 of Planning Policy Statement 21, Sustainable Development in the Countryside in that the proposal would, if permitted, result in ribbon development along Brackaville Road.

3. 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 buildings to integrate into the landscape.

4. The proposal is contrary to Policy CTY14 of Planning Policy Statement 21, Sustainable Development in the Countryside in that:

-the buildings would, if permitted result in a suburban style build-up of development;

-the buildings would, if permitted create a ribbon of development;

Application ID: LA09/2015/1098/F and would therefore result in a detrimental change to the rural character of the countryside.

5. The proposal is contrary to policy MN2 of Dungannon and South Tyrone Area Plan 2010 and MIN5 of A Planning Strategy for Rural Northern Ireland as insufficient information has been provided to demonstrate that the exploitation of valuable mineral resources would not be prejudiced.

6. The proposal is contrary to policy MIN6 of A Planning Strategy for Rural Northern Ireland as insufficient information has been provided to demonstrate that public safety will not be prejudiced as the area may be affected by land instability.

Re-assessment

In relation to previous reasons 5 & 6 Geotechical Services of DETI (GSNI) were consulted with the additional info provided by the agent.

Refusal reason No.5 stated that insufficient information had been provided to demonstrate that the exploitation of valuable mineral resources would not be prejudiced contrary to Policy MIN2. The consultation response from DETI states the relevant mineral reserve area are indicated on their database as closed or inactive. The site is on the NE limit of the policy area and therefore development of the site is unlikely to have a significant impact on any resources contained within. This would overcome this reason for refusal.

In relation to refusal reason 6 and the issue of land instability, GSNI have reviewed additional information submitted by the agent, and the mines abandonment plan. The plan indicated the western part of the site is to be undermined and the closest mine shafts to the site are located approx. 15m beyond the western boundary. Records show the eastern part of the site has not been undermined. It would be advised by GSNI that a qualified specialist provides details of the land stability prior to commencement of any works. This could be conditioned and GSNI have provided no refusal reason.

Refusal reasons 1-4 related to Planning Policy Statement 21- Sustainable Development in the Countryside and are relevant as the lands in question are located outside the development limits of Coalisland and therefore lies in the countryside. The agent has submitted a map showing a 'suggested plan amendment', and the agent has argued the line of development was drawn to simply protect those lands for mineral extraction, even though there are no further minerals to be mined in that area. However MUDC must use the current Area Plan of Dungannon and South Tyrone 2010, and it clearly indicates the land subject to the application is in the rural countryside. Even though the Area Plan is out of date there is no current document to replace it and therefore it remains what is currently being used.

In their additional information submission, the agent has advised that if this application site was approved it would assist in recovering some of the intended residential development lands are defined in the Area Plan 2010. A number of portions of Phase1 & 2 lands were situated directly above underground coal mine working system and had ground stability issues in relation to construction. Maps were submitted to highlight the portions of Phase 1

Application ID: LA09/2015/1098/F & Phase 2 lands which are impacted by mine working and the agent suggests that alternative sites should be considered to replace them.

This suggestion cannot be taken on board as a material consideration as part of this application and the suggestion that this proposal would alleviate pressure of unusable Phase1 & 2 lands, if it was accepted as land within the development limits, is not one that would overcome the reasons stated relating to PPS21, as the site remains in the countryside.

Since this application was presented to Committee in March 2016, application LA09/2016/1307/F has been submitted for ‘Lake Torrent Motor Sport Centre of Excellence. Motor Sport Use/Commercial, Medical Centre, Mission Hall, Pit Garages, Offices, Shower Block, Coffee Shop and Crèche’ on the former Tyrone Brick site. The maps indicate there may be an issue with access and part of lands are included in the red lines of both applications. The applicant was offered the opportunity to hold the application until the outcome of LA09/2016/1307/F but they declined and wished the application be determined on its own merits. It would be premature to comment on the site in relation to the future Area Plan, which is at ‘Publication of preferred option papers’ stage, happening on 7 November 2016. In light of this the application is therefore assessed against the policies of PPS21.

PPS21 is the retained policy document under the SPSS and provides the appropriate policy context. Planning Policy Statement 21: Sustainable Development in the Countryside (PPS21) is a retained policy document under SPPS and provides the appropriate policy context, as the site falls outside the limits of development of Coalisland. Policy CTY1 of PPS21 sets out the types of development that are considered to be acceptable in the countryside. The applicant/agent has not made a case as to what policy the proposal should be considered under and in my view the proposal does not meet any of the policy criteria where residential development is considered acceptable in the countryside.

CTY8 states that an exception will be permitted for the development of a small gap site sufficient only to accommodate up to a maximum of 2 houses within an otherwise substantial and continuously built up frontage and provided this respects the existing development pattern along the frontage in terms of size, scale, siting and plot size and meets other planning and environmental criteria. This policy however relates to development in the countryside. Development on either side of the gap site is located within the development limits of Coalisland therefore cannot be considered in assessment of this particular policy. It is my view that these dwellings will create a ribbon of development outside of the settlement limit.

In conclusion, the additional information submitted has been fully considered and it overcomes two of the refusal reasons. However in relation to PPS21, ribbon development still remains an issue in this countryside location and refusal is recommended on this basis.

Application ID: LA09/2015/1098/F

Refusal Reasons

1. The proposal is contrary 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.

2. The proposal is contrary to Policy CTY8 of Planning Policy Statement 21, Sustainable Development in the Countryside in that the proposal would, if permitted, result in ribbon development along Brackaville Road.

Signature(s):

Date

Application ID: LA09/2016/0037/O

Deferred Consideration Report

Summary Case Officer: Melvin Bowman

Application ID: LA09/2016/0037/O Target Date:

Proposal: Location: Proposed site of infill dwelling and 80m North West of 4 Dunmurry Road Moneyneany domestic garage for residential purposes (height of dwellings restricted to single storey or storey and a half) Applicant Name and Address: Joe Agent name and Address: Morgan Diamond Architecture 4 Dunmurry Road 77 Main Street Moneyneany Maghera Draperstown BT46 5AB BT45 7ED

Application ID: LA09/2016/0037/O

Summary of Issues: Whether this site represents an infill opportunity in accordance with Policy CTY8 of PPS21.

Consultee responses: No objections.

Characteristics of the Site and Area:

The proposal site is currently a roadside agricultural field. The land is relatively flat in nature and surrounded by further agricultural land. The site is bounded on the western by a post and wire fence and undefined on the southern. The northern is defined by a post and wire fence and mature trees creating a strong boundary. The roadside boundary or eastern boundary is defined by post and wire fencing and mature trees. Immediately adjacent on the northern side is a detached single storey dwelling and although this is set back from the roadside it is clearly visible when travelling along Dunmurry Road. Directly adjacent to this is No 12 a detached 2 storey farm dwelling directly on the roadside and several detached associated farm buildings. Located to the SE of the

Application ID: LA09/2016/0037/O

proposal site immediately adjacent is the opportunity for a further infill dwelling then a detached 2 storey farm dwelling (No 4) and associated farm buildings on the roadside and a detached 2 storey dwelling (No 4a) set back to the rear of No 4, although this is still clearly visible from the public road.

Deferred Consideration:

This application was taken to the Planning Committee in April 2016 with a recommendation to refuse the application whereupon it was agreed to defer the application for further consideration.

The application has been submitted on the basis of an infill site in accordance with Policy CTY 8 of PPS 21. Policy CTY 8 states that planning permission will be refused for a building which creates or adds to a ribbon of development, with an exception only for the development of a small gap site sufficient only to accommodate up to a maximum of two houses within an otherwise substantial and continuously built up frontage and provided this respects the existing development pattern along the frontage. A substantial and built up frontage includes a line of 3 or more buildings along a road frontage without accompanying development to the rear. As one travels along this small stretch of road Nos 4 and 6a Dunmurry Road are more easily read together on either approach

When approaching the site from the north one first goes past a group of farm buildings associated with No 12 and the farm dwelling at No 12 itself and all of these buildings are sited on the roadside along Dunmurry Road. When driving past No 12 along this approach the bungalow at No 6a comes into view when outside No 12. Whilst No 6a does not have a common frontage to the road given as there is a fence to the front of the front garden, it is only marginally set back, and none the less does benefit from a degree of visual linkage with the other buildings along this small stretch of road.. Policy CTY8 permits infilling of small gaps on frontages which either share a common frontage or benefit from visual linkage.

All in all I consider that the gap presented in this application would fulfil the requirements of Policy CTY8 without detriment to rural character. I am also satisfied that the associated tests of integration (CTY13) and rural character (CTY14) are satisfied.

I am therefore recommending approval of this application subject to conditions.

Conditions:

1 .Approval of the details of the siting, design and external appearance of the buildings, the means of access thereto and the landscaping of the site (hereinafter called "the reserved matters"), shall be obtained from the Council, in writing, before any development is commenced.

Reason: This is outline permission only and these matters have been reserved for the subsequent approval of the Council.

Application ID: LA09/2016/0037/O

2. The proposed dwelling shall have a ridge height of less than 6.5 metres above finished floor level and a low angle of roof pitch not exceeding 40 degrees.

Reason: To ensure that the development is not prominent in the landscape in accordance with the requirements of Planning Policy Statement 21.

3. A scale plan at 1:500 shall be submitted as part of the reserved matters application showing the access to be constructed in accordance with the attached form RS1.

Reason: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users.

4. During the first available planting season after the occupation of the building for its permitted use, trees shall be planted along the boundary(ies) of the site in accordance with a scheme submitted to and approved by the Council.

Reason: In the interest of visual amenity and To ensure the development integrates into the countryside.

Signature(s): M.Bowman

Date 18 Oct 2016

D

Subject Council Response to Fermanagh and Omagh District Council’s Local Development Plan Preferred Options Paper

Date October 2016

Reporting Officer Chris Boomer, Planning Manager

Contact Officer Sinead McEvoy, Principal Planner Officer

1 Purpose of Report

1.1 In accordance with the requirements of Regulation 10of The Planning (Local Development Plan) Regulations (Northern Ireland) 2015, local councils are required to consult with consultation bodies, which includes the council for any district which adjoins that council carrying out the consultation, before a ouncilC prepares its development plan.

1.2 The purpose of this report is to provide members with a consultation response to the Fermanagh and Omagh District Council (FODC) Local Development Plan Preferred Options Paper which was launched on 3rd October 2016.

2 Background

2.1 In preparing their development plan council a has a statutory duty to consult adjoining councils on their Preferred Options Paper.

2.2 Members will recall that the shared common issues with adjoining councils were discussed and agreed in a paper presented to committee on 13th June 2016 and those issues formed the basis of pre-preferred options paper consultation between our council and FODC. At that stage it was agreed that the cross boundary issues with FODC were: Sperrins, Transport and Connectivity, Clogher Valley and Black Bog. Fermanagh and Omagh District Council (FODC) have sincepublished their Preferred Options Paper and presented a series of preferred options on the main planning issues within that district, upon whichMUDC has the opportunity to comment.

At Committee on 13 th June 2016 certain cross boundary issues were agreed. Based on these officers are suggesting that a response be sent to FODC based on information set out below within the key issues section.

3 Key Issues

3.1 FODC have published their POP and within it have provided a series of Main Issues and Options falling under a series of subject headings. With particular reference to the cross boundary issues previously agreed the important issues in the FODC POP are:

• The Sperrins and Black Bog & Clogher Valley – FODC have highlighted preferred options on a number of key planning themes which could potentially impact on the environmental assets of the Sperrins, Black Bog and Clogher Valley given that they all straddle both districts.

A number of the policy options highlighted in relation to the key planning issues identified within the FODC POP could potentially adversely impact the above mentioned shared environmental assets, namely:  Minerals Development  Renewables  Tourism  Development in the Countryside  Economic Development – Addressing Deprivation / Regeneration in the Rural Area

• Transport and Connectivity – The POP highlights the importance of maintaining the key transport corridors within the district given the heavy reliance on private car usage for the dispersed rural community. The improvement of shared road network will continue to be an ongoing cross boundary issue for both councils.

3.2 The Main Issues and Preferred Options within the FODC POP which the potential to impact on the cross boundary issues are as follows:

Minerals Development – Areas of Constraint on Minerals Development (ACMDs)

FODC preferred option: To continue with the current policy approach but additionally introduce a time limit for prospecting/exploratory works and to protect the Sperrin AONB, the UNESCO Marble Arch Caves Global Geopark, Areas of Nature Conservation, Areas of Archaeological Interest and Areas of High Scenic Value from Minerals Development except where proposed operations are short term (less than 15 years) and where the environmental/amenity impacts are not significant (Areas of Constraint on Mineral Development) and additionally identify areas for minerals safeguarding within the Plan area.

This policy approach would in effect make the Sperrin AONB, Areas of High Scenic Value, Areas of Nature Conservation and Areas of Historic Interest, into ‘Areas of Constraint on Minerals Development’. In addition to this ACMD the preferred option also proposes to introduce ‘Areas of Minerals Safeguarding’, with a view to protecting economically important mineral deposits to ensure that they can contribute to the local economy and communities.

MUDC would welcome the concept of the ACMDs in that there is a requirement to maintain a balance between the environmental concerns associated with minerals development, alongside the acknowledged economic benefits of such development.

Should this option be chosen Mid Ulster District Council would welcome the opportunity to work with FODC on the development of ACMDs which are contiguous across council boundaries.

Minerals Development – Areas of Minerals Safeguarding Mid Ulster has no concerns regarding the concept of an area to safeguard mineral resources. Indeed minerals are an important resource for Mid Ulster. Minerals Development in Mid Ulster employs over 1,250 people, considerably more than any other District in Northern Ireland.

Renewable Energy FODC preferred option: Retain existing policy provisions but introduce a stricter policy to protect sensitive landscapes - e.g. designated landscapes (AONB), areas of high scenic value, and certain views or vistas - from wind energy developments.

Mid Ulster would support this policy approach as the importance of facilitating the development of wind energy development is acknowledged, although this should not be achieved at the expense of the environment. It is important to note that MUDC believe that the policy approach could go a step further in that it should also take account of the potential detrimental impact that high structures, such as overhead powerlines and telecommunications development, could have on our shared landscapes.

Mid Ulster Council considers the Sperrin AONB and Clogher Valley as important shared landscapes that are particularly susceptible to the potential adverse visual impacts of wind farms and high structures. Like the Sperrins, we consider the Clogher Valley area to be an area of considerable landscape merit, which straddles the boundary between our districts. Development of renewable energy proposals and also high structures, are important considerations in this area.

Should FODC adopt a policy approach based on areas of constraint for wind turbines or high structures, MUDC would welcome the opportunity to work with FODC to ensure such boundaries are contiguous across council boundaries.

Tourism – Overarching FODC preferred option: Tourism Conservation Zones are identified in order to protect recognised/important tourism assets within the FODC area.

MUDC would welcome the designation of TCZs to protect our shared environmental assets and could assist in managing the impact of tourism development and other development within and adjacent to such designations.

Tourism – Operational FODC preferred option: Applications for new, extended or improved tourism development, including facilities, accommodation and visitor infrastructure will be supported where the proposal forms a tourism/visitor hub/ Opportunity Zone; or is located within an identified settlement for tourism development.

Whilst Mid Ulster Council recognises the importance of promoting the Sperrins and Clogher Valley as a tourism assets, it is important that development is carried out in a way that does not impact on their environmental sensitivities and therefore any Tourism Opportunity Zones should be focused on a recognised tourism attractions and are sensitively located.

Development in the Countryside – Sustaining rural Communities FODC Preferred Option: Designate: Special Countryside Areas (SCAs); Rural Protection Areas (RPAs); and the Remaining Countryside Area (RCA).

Mid Ulster District Council notes the approach to development in the countryside and the rationale for the preferred option of the use of SCAs to protect the most sensitive landscapes.

Economic Development – Addressing Deprivation / Regeneration in the Rural Area FODC Preferred Option: Support appropriate economic growth in the countryside, with slightly more opportunities for sustainable economic development within designated Rural Protection Areas.

Mid Ulster Council note the approach to economic development.

4 Resources

4.1 Financial None

4.2 Human None

4.3 Basis for Professional/ Consultancy Support None

4.4 Other None

5 Other Considerations

5.1 N/A

6 Recommendations

6.1 Members are requested to note the contents of this report and agree that a response is issued to FODC in line with the contents.

7 List of Documents Attached

7.1 N/A

E

Subject: Publication of Synopsis to Ecclesiastical Exemption Consultation

Date of Meeting: 1st Nov 2016

Reporting Officer: Melvin Bowman

Contact Officer: Dr Chris Boomer

1 Purpose of Report

1.1 To inform members ofthe outcome of the recent consultation exercise on Ecclesiastical exemption by the Department for Communities.

2 Background

2.1 On 18 March 2016 the former Department ofthe Environment issued a public consultation on proposals to remove ecclesiastical exemption. Under the Planning Act (NI) 2011, churches are subject to planning permission but do not need to apply for Listed Building Consent when carrying out changes thatmight affect their architectural and historic interest.

2.2 The attached paper outlines the Minister’s decision following the consultation which retains the current Legislative position but highlights that in moving forward the Department will work closely with those responsible for listed places of worship.

3 Recommendations

3.1 That members note the attached letter from the Director of Historic Environment Division.

F

Subject: Planning Appeal decisions.

Date of Meeting: 1st Nov 2016

Reporting Officer: Melvin Bowman

Contact Officer: Dr Chris Boomer

1 Purpose of Report

1.1 To inform members of recent Planning Appeal decision.

2 Background

2.1 The Planning Appeals Commission have issued the following appeal decision.

2.2 An analysis of this decision is provided below for information.

3 Key Issues

3.1 H/2004/1395/F- Proposed Wind Farm development comprising the erection of 7 x 1.5MW turbines (maximum height 100.25m above finished ground level to blade tip - maximum hub height of 65m above finished ground level), associated transformers, new & upgraded tracks, substation building, electrical cabling, permanent anemometer mast 57m above finished ground level, site signage, all associated ancillary works and car parking, Mullaghturk Mountain - Approximately 11km south west of Draperstown and 16km north west of Cookstown

Members may be aware that the PACs original decision on this appeal was quashed on the 20th July 2011 and remitted for consideration.

3.2 The main issues in this appeal surrounded whether the proposal is in accordance with PPS18 / PPS2 (impact on AONB and natural heritage) / PPS6 (Tourism) / PPS6 (impacts on heritage importance of Beaghmore stone circles) / neighbouring amenity due to noise and shadow flicker / PPS3 (Road Safety).

3.3 The Commissioner in his assessment initially set out the socio-economic potential of this proposal. At Par. 22 of the report, having considered all of the stated benefits, it is stated that significant weight would be given to these considerations. This included the appellant’s agreement to enter into a planning agreement to provide a community fund.

3.4 In a detailed assessment of viewpoints, the Commissioner concluded that from a number of these the wind farm would significantly detract from the tranquil and virgin character of this area of AONB, and from Sixtowns road in particular, that these large scale industrial structures would protrude into the skyline. However, it was concluded that there was no clear cumulative visual impact with other approved wind farms.

3.5 Members will see that on the other issues relating to PPS6, both on tourism and heritage interests, that these reasons for refusal were not sustained. In addition the Commissioner concluded that there was insufficient evidence that tourism assets would be significantly compromised, that there would be any associated impact on neighbouring amenity, or that TNI had any clear road safety objections. Concerns surrounding loss of blanket bog were also not sustained.

3.6 The Commissioner, whilst earlier attaching significant weight to the socio economic benefits which would accrue as a result of the proposed wind farm concluded that these are outweighed by the impact on the landscape.

3.7 The appeal was subsequently dismissed.

4 Resources

4.1 Financial N/A

4.2 Human N/A

4.3 Basis for Professional/ Consultancy Support N/A

4.4 Other

5 Other Considerations

5.1 N/A

6 Recommendations

6.1 That members note the attached appeal decision.

7 List of Documents Attached

7.1 Copy of PAC decision.

G Delegated Planning Applications Decisions Issued Decision Issued From: 01/09/2016 00:00:00To: 30/09/2016 00:00:00

Reference Proposal Location Date Decision Applicant Agent Number Issued LA09/2016/0676/O Farm dwelling and garage Land approx. 180m South of 24 01/09/2016 Peadar Hughes Brendan Johns 13 Corr Road 21-25 Corr Road Sperrin View Coalisland Dungannon Omagh BT78 5BJ LA09/2016/0747/LDPProposed replacement of side / 42 Burn Road 01/09/2016 Monica McNally McKeown and Shields rear flat roof over existing rear Cookstown 42 Burn Road 1 Annagher Road hall and shower room with Cookstown Coalisland pitched roof and proposed BT80 8DN BT71 4NE disabled shower room facilities to existing rear hall and shower LA09/2016/0568/F Proposed dwelling and garage Lands approx. 48m NW of 300a 02/09/2016 Mr and Mrs Building Design Drum Road Eamonn Quinn Solutions 76 Main Cookstown 300a Drum Street Road Pomeroy Cookstown BT70 2QP

LA09/2016/0644/F Amended house design from Adjacent to 7 Roughan Road 02/09/2016 Mr Martin Seamus Donnelly 80A application LA09/2015/0692/F Stewartstown Armour 9 The Mountjoy Road Square Aughrimderg Stewartstown Coalisland BT71 5HX BT71 5EF

Page 1 of 24 Delegated Planning Applications Decisions Issued Decision Issued From: 01/09/2016 00:00:00To: 30/09/2016 00:00:00

Reference Proposal Location Date Decision Applicant Agent Number Issued LA09/2016/0686/O Proposed dwelling and garage 25m West of 18 Grange Road 02/09/2016 Mr Rodger Henry Marshall Brown Cookstown Devlin 18 Architectural Grange Road Partnership 10 Union Cookstown Street Cookstown BT80 8NN LA09/2016/0746/F Single storey rear extension to 35 Hillcrest Park 02/09/2016 Mr & Mrs Clive Rodney Henry 2 dwelling to provide kitchen. Moygashel Carson 35 Liscoole Internal alterations to dwelling. Dungannon Hillcrest Park Cookstown Alterations to existing access to BT71 7RH Moygashel BT80 8RG provide additional parking within Dungannon site curtilage. BT71 7RH LA09/2016/0872/F Dormer style roof extension to 16 Lisnatraine Park 02/09/2016 Roisin Kelly 16 Justin Hughes 88a allow for an extra bedroom on Coalisland Lisnatraine Park Drumaspil Road first floor Coalisland Dungannon BT71 6HZ LA09/2016/0391/O Dwelling and garage To the rear of 114 Back Lower 05/09/2016 Connor Seamus Donnelly 80A Road McCloskey 114 Mountjoy Road Killycoply Back Lower Aughrimderg Dungannon Road Coalisland Killycoply BT71 5EF Dungannon

LA09/2016/0646/F Two Storey Replacement 134 Thornhill Road 05/09/2016 Mr Joe Slemish Design Studio Dwelling and Garage Pomeroy Cunningham LLP 29 Raceview Road 134 Thornhill Broughshane Road Ballymena Pomeroy BT42 4JJ

Page 2 of 24 Delegated Planning Applications Decisions Issued Decision Issued From: 01/09/2016 00:00:00To: 30/09/2016 00:00:00

Reference Proposal Location Date Decision Applicant Agent Number Issued LA09/2016/0736/F The removal and disposal of the Gaelscoil Eoghain 05/09/2016 Gaelscoil Education Authority 3 existing double mobile 32 Chapel Street Eoghain 32 Charlemont Place classroom / nursery and the Cookstown Chapel Street The Mall provision of 1no double Cookstown Armagh prefabricated unit plus all BT80 8QD BT61 9AX associated works and all necessary tasks relating to: detailed design, delivery, erection an commissioning LA09/2016/0742/O Housing Development consisting Site to Rear of 5 05/09/2016 Mr Shane Anderson Architect 92A of 4 no 1 Bedroom Apartments 7 Beckett Thomas Street with associated siteworks and 9 Loy Street Eaglesfield Portadown carparking (renewal of I/ Cookstown House BT62 3AG 2012/0450/O) 20 High Cross Road Cookstown BT80 8UZ LA09/2016/0805/F Proposed gable ground floor 28 Castle Court 05/09/2016 Chloe Chan 28 Peter Mc Caughey 31 Bedroom and shower room Cookstown Castle Court Gortnasaor extension including disabled Cookstown Dungannon adaptations to dwelling. BT71 6DA LA09/2016/0820/A Proposed Gantry sign with Led 2-4 Dungannon Road Cookstown 05/09/2016 Tyre Safety Henry Marshall brown electronic display Center 2-4 Architectural Dungannon Partnership 10 Union Road Street Cookstown Cookstown BT80 8NN

Page 3 of 24 Delegated Planning Applications Decisions Issued Decision Issued From: 01/09/2016 00:00:00To: 30/09/2016 00:00:00

Reference Proposal Location Date Decision Applicant Agent Number Issued LA09/2016/0259/F Dwelling (Renewal of Application 140m SE of 41 Tullydowey Road 06/09/2016 Pat Jordan 16 AP Mackle 127 M/2013/0441/RM) Tullylearn Drumlee Road Benburb Road Benburb Benburb Tobermesson Dungannon Dungannon Moy BT71 7QD BT71 7QA LA09/2016/0324/F Proposed free range poultry shed Land approx. 140m West of 17 06/09/2016 Mr Norman Henry Marshall Brown with 2 feed bins ,a standby Tullybleety Road Watters 25 Architectural generator building and a manure Aughnacloy Tullybleety Road Partnership 10 Union storage shed (poultry shed to BT69 6HG Aughnacloy Street contain 12000 free range egg BT69 6HG Cookstown laying hens) BT80 8NN LA09/2016/0347/O Proposed dwelling house Between 60 and 62 Legane Road 06/09/2016 Martin McKenna J Aidan Kelly Ltd 50 Dungannon BT70 1PH 13 Dunavon Tullycullion Road Park Dungannon Dungannon BT70 3LY BT71 6SG LA09/2016/0395/O Renewal of M/2011/0663/O - 66 Armaloughey Road 06/09/2016 J Harte 15 Proposed replacement dwelling Ballygawley Tullyglush Road with a two storey house. The Ballygawley existing dwelling house is to be BT70 2BZ retained for storage purposes. LA09/2016/0614/RMProposed infill site for dwelling Between 21a and 23a Drumullan 06/09/2016 Mr Ciaran Bell and garage Road 23 Drumullan Moneymore Road Moneymore BT45 7XS

Page 4 of 24 Delegated Planning Applications Decisions Issued Decision Issued From: 01/09/2016 00:00:00To: 30/09/2016 00:00:00

Reference Proposal Location Date Decision Applicant Agent Number Issued LA09/2016/0681/NMCAmended turbine type (ACSA Lands 450m West of Broughderg 06/09/2016 Gerard Clyde Shanks Ltd 5 A29 225kW to Vestas V39 Community Centre McGuigan Oxford Street 225kW) with reduced hub height 123 Broughderg Road 212b Belfast and total height Greencastle Gorticashel BT1 3LA Road Glenhull Omagh

LA09/2016/0732/F New Studio 5 Upper Parklands 06/09/2016 Mr Paul Hughes K Hagan Featherbed Dungannon 5 Upper House Parklands Shanless Dungnanon Coalisland BT71 7JW BT71 4PF LA09/2016/0764/F Provision of a double St Patrick's Primary School 06/09/2016 Father McGahon Education Authority 3 prefabricated accommodation 32 Aghindarragh Road 25 Augher Road Charlemont Place and a large single prefabricated Augher Clogher The Mall unit for educational purposes and BT76 0AD Armagh the removal of the existing mobile BT61 9AX accommodation LA09/2016/0794/O Portal shed required to further 8 Dreemore Road 06/09/2016 Mr P Heffron 8 Jim Ireland Architects support and facilitate the Dungannon Dreemore Road Ltd 18 Moss Road continuing development of Dungannon Ballinaskeagh existing equestrian recreation BT71 7EL Banbridge BT32 5EF

Page 5 of 24 Delegated Planning Applications Decisions Issued Decision Issued From: 01/09/2016 00:00:00To: 30/09/2016 00:00:00

Reference Proposal Location Date Decision Applicant Agent Number Issued LA09/2015/0637/F Proposed erection of an Approx 160m N.E of no 19b 07/09/2016 Mr Noel Bernard Donnelly 30 additional high welfare poultry Springtown Road O'Connor 20 Lismore Road house including 2 no additional Augher Springtown Ballygawley feed bins and associated works Road BT70 2ND (max no. of birds 34,000) Ex Augher poultry units capacity of 29,000 each giving overall total no. of birds on site of 92,000 LA09/2015/0480/O Site for dwelling 13m West of 37 Coole Road 08/09/2016 John Bell 28 Seamus Donnelly 80 Coalisland Coole Road Mountjoy Road BT71 5dp Coalisland Aughrimderg BT71 5DP Coalisland BT71 5EF LA09/2015/1235/O Proposed new dwelling and Adjacent to 220 Drum Road 08/09/2016 Mr Eric Lyttle W M McNeill 30 garage on the farm adjacent Cookstown 220 Drum Road Knowehead Road principle farm Bt80 9HP Cookstown Broughshane BT80 9HP Ballymena BT43 7LF LA09/2016/0545/F Proposed change of house and 100m South of 29 Strews Road 08/09/2016 John and John O'Hara 12 Tullagh garage type to that previously Cookstown Dianna O'Hara Drive approved I/2009/0303/RM 12 Tulagh Drive Cookstown Cookstown BT80 8ED BT80 8ED LA09/2016/0630/F Single farm dwelling and Site adjacent to 39 Ballybeg Road 08/09/2016 Sean Donnelly Michael Herron detached domestic garage Brocagh 33 Ballybeg Architects 2nd floor Dungannon Road Corner House Brocagh 64-66a Main Street Dungannon Coalisland BT71 5NB

Page 6 of 24 Delegated Planning Applications Decisions Issued Decision Issued From: 01/09/2016 00:00:00To: 30/09/2016 00:00:00

Reference Proposal Location Date Decision Applicant Agent Number Issued LA09/2016/0759/NMCNon Material Change to Planning O'Neills Yard 08/09/2016 Henry Murray Approval I/2010/0175/F Kilmascally Road Architectural Ardboe Services 37c Claggan Road Cookstown BT80 9XJ LA09/2016/0930/RMInfill Dwelling and garage Between 7 and 9 Derganagh 08/09/2016 M Armour 6 Russell Finlay 350 Road Knockcloghrim Magherafelt Quarry Road Hillhead Road Knockclogrim Knockclogrim Magherafelt Magherafelt BT45 8QT LA09/2016/0635/LDEPortacabin for storage purposes 40m NW of 35 Moss Road 09/09/2016 Christopher Ballymaguigan Cassidy 80/82 Magherafelt Rainey Street Magherafelt

LA09/2016/0762/RMProposed two storey dwelling Adjacent to 1 Killyveen Park 09/09/2016 Jim Fay 16a Peter McCaughey 31 with garage Killybracken Road Killybracken Gortnasaor Granville Road Dungannon Dungannon Granville BT71 6DA Dungannon BT70 1NU LA09/2015/0863/O Proposed single dwelling and 50m South West of 15 Falgortrevy 12/09/2016 Barney Bradley CMI Planners Ltd Unit garage Road 162 Glen Road C5 The Rainey Centre Maghera Maghera 80-82 Rainey Street Magherafelt BT45 5AG

Page 7 of 24 Delegated Planning Applications Decisions Issued Decision Issued From: 01/09/2016 00:00:00To: 30/09/2016 00:00:00

Reference Proposal Location Date Decision Applicant Agent Number Issued LA09/2016/0310/F New storey and a half dwelling Land 30m NW of 112 Sixtowns 12/09/2016 Mr Gerard CMI Planners Unit C5 and detached single storey Road McNamee 112 80-82 Rainey Street, garage on a farm using existing Draperstown Sixtowns Road Magherafelt, farm laneway as access Draperstown BT45 5AJ BT45 7BE LA09/2016/0660/F Change of use from this vacant Unit 7 The Linenhall Centre 12/09/2016 Zoltan Csermak unit to make it fit for purpose as a 67 Kilrea Road 44 King William wholesale food distribution Upperlands 3rd Crescent business by adding small Maghera extraction fan and equipping with BT46 5HA moveable stainless steel items . Items will be baked on site and packed then sold directly to retail LA09/2015/0471/O Dwelling and garage 61m south of 79 Kinrush Road 13/09/2016 Mrs Geradine Seamus Donnelly 80A Ardboe Ryan Mountjoy Road Cookstown Ardnacraney Aughrimderg BT80 0HP Drumraney Coalisland Athlone BT71 5EF

LA09/2015/1184/O Proposed dwelling and garage Approx 80m South of 99 Killeeshil 13/09/2016 Martin Hamill Road 99 Killeeshil Dungannon Road Tullyvannon Dungannon BT70 2HX

Page 8 of 24 Delegated Planning Applications Decisions Issued Decision Issued From: 01/09/2016 00:00:00To: 30/09/2016 00:00:00

Reference Proposal Location Date Decision Applicant Agent Number Issued LA09/2016/0043/F Single storey, portal framed, Unit 4 13/09/2016 Mr Allen Lamb Kenneth J Pyrce 11 storage unit built using 126 Tamnamore Road Unit 5 Cohannon Lord Wardens conventional building materials Dungannon Complex Crescent for commercial use. Building to 212 Ballynakilly Bangor be let as storage unit - unheated. Road BT19 1YJ Dungannon BT71 6HJ LA09/2016/0476/O Detached residential bungalow Approx 20m South of 51 13/09/2016 Mr Anthony Tullaghmore Road Carberry Dungannon Tullaghmore House 51 Tullaghmore Road Dungannon BT71 4EY LA09/2016/0488/F Erection of a farm dwelling and 60m South West of 53 13/09/2016 Ryan O'Donnell Building Design garage. Mullaghmoyle Road 25 Tumpher Solutions 76 Main Coalisland. Road Street Coalisland Pomeroy BT71 4PL BT70 2QP LA09/2016/0674/F Proposed new infill site for 30m N.W. of 11a Fasglashagh 13/09/2016 Mr Leo Holland McKeown and Shields dwelling including new access Road 110 1 Annagher Road road for Nos. 11a and new infill Dungannon Fasglashagh Coalisland site Road BT71 4NE Cabragh Dungannon

Page 9 of 24 Delegated Planning Applications Decisions Issued Decision Issued From: 01/09/2016 00:00:00To: 30/09/2016 00:00:00

Reference Proposal Location Date Decision Applicant Agent Number Issued LA09/2016/0719/O Dwelling and garage on a farm Approx 30m NW of 47 Blackrock 13/09/2016 S Monaghan (renewal) Road 10 Dunamore Cookstown Road Cookstown BT80 9NR LA09/2016/0753/LDEHardware Retail Unit Lands at No's 108-114 13/09/2016 Henry Brothers Clyde Shanks Ltd 5 Moneymore Road (Magherafelt) Oxford Street Magherafelt Ltd 108-114 Belfast Moneymore BT1 3LA Road Magherafelt BT45 6HJ LA09/2016/0777/F Erection of dwelling Site 220m SE of 87 Killyliss Road 13/09/2016 Mr and Mrs B McKeown & Shields 1 Dungannon Clarke 87 Annagher Road Killyliss Road Coalisland Dungannon BT71 4NE

LA09/2016/0855/F Proposed Extension to Hotel Greenvale Hotel 13/09/2016 Mr M. Don Sonner 26a St 57 Drum Road McElhatton 57 Jeans Cottages Cookstown Drum Road Cookstown Cookstown BT80 8DQ

LA09/2016/0874/F Proposed single storey gable 15 Findermore 13/09/2016 Walter Boyd 15 Neil Irvine Design Ltd extension with flat roof and roof Clogher Findermore Unit 5 The lantern Road Buttermarket Clogher 132 Main Street Fivemiletown BT94 4HL

Page 10 of 24 Delegated Planning Applications Decisions Issued Decision Issued From: 01/09/2016 00:00:00To: 30/09/2016 00:00:00

Reference Proposal Location Date Decision Applicant Agent Number Issued LA09/2016/0888/F Disabled adaptation to property, 2 Henderson Park 13/09/2016 Mr Chistopher Fraser Jess Lomond bedroom and bathroom ground Stewartstown Cunningham 2 House floor extension to be provided to Henderson Park 85-87 Holywood Road gable of building .Graduated Stewartstown Belfast steps to be installed to front BT4 3BD entrance door LA09/2016/0401/F Proposed dwelling - change of Approx 80m West of 29 14/09/2016 Mr J Kirkland Marcus Kerr Design house type of M/2011/0700/F. Ballyvaddy Road 29 Ballyvaddy 111 Gillygooley Road Brantry Road Omagh Dungannon Brantry BT78 4SU Dungannon

LA09/2016/0542/O Dwelling and Domestic Garage Site due West of 126 Battery 14/09/2016 Mr Dermot Custom Interiors 61C Road Lavery 126 Anneter Road Coagh Battery Road Coagh Cookstown Coagh Cookstown Cookstown BT80 0HZ BT80 0HW LA09/2016/0597/F Removal of condition 5 30 metres south of 46 Tullagh 14/09/2016 Paul and Louise Mrs Carol Gourley (occupancy condition) of Road Byrne 46 MRPTI Unit 7 LA09/2015/0184/O Cookstown Tullagh Road Cookstown Enterprise Cooktown Centre Derryloran Industrial Estate Sandholes Road Cookstown BT80 9LU

Page 11 of 24 Delegated Planning Applications Decisions Issued Decision Issued From: 01/09/2016 00:00:00To: 30/09/2016 00:00:00

Reference Proposal Location Date Decision Applicant Agent Number Issued LA09/2016/0707/O Site for dwelling Site between 6 and 10 Lisaclare 14/09/2016 Mr John Devlin Building Design Road 10 Lisaclare Solutions 76 Main Stewartstown Road Street Stewartstown Pomeroy BT70 2QP LA09/2016/0772/F Variation of condition 2 on M/ 40 m south of No 101 14/09/2016 Mr P McCann O'Callaghan Planning 2015/0099/F Derrylaughan Road Derrylaughan 101 Unit 1 Coalisland Derryloughan 10 Monaghan Court Road Monaghan Street Coalisland Newry BT35 6BH LA09/2016/0810/O Dwelling and a garage adjacent to 68 and 45m NW of 64 14/09/2016 Martin Foreman Seamus Donnelly 80A Ballygittle road 64 Ballygittle Mountjoy road Stewartstown Road Aughrimderg Ballygittle Coalisland Stewartstown Bt71 5ef

LA09/2016/0811/O Dwelling and a garage Adjacent to 64 and 56m SE of 14/09/2016 Martin Campbell Seamus Donnelly 80A Ballygittle road 64 Ballygittle Mountjoy road Ballygittle road Aughrimderg Stewartstown Ballygittle Coalisland Stewartstown BT71 5EF

LA09/2016/0853/F Proposed entrance / facade 3-5 Drum Road 14/09/2016 Declan APS Architects LLP 4 alterations Cookstown Campbell 3-5 Mid Ulster Business Drum Road Parks Cookstown Cookstown BT71 5NN

Page 12 of 24 Delegated Planning Applications Decisions Issued Decision Issued From: 01/09/2016 00:00:00To: 30/09/2016 00:00:00

Reference Proposal Location Date Decision Applicant Agent Number Issued LA09/2016/0871/RMProposed Dwelling and garage 50m South of 10 Annahavil Road 14/09/2016 David Bell 14 Andrew Donaldson 49 on a farm Dungannon Elm Crescent Loughans Road Bush Aughnacloy Dungannon BT69 6BZ

LA09/2016/0963/NMCUse of existing vehicular access 100m West of Saint Pauls Church 14/09/2016 M Daly and N Daly O'Neill and to dwelling instead of using Farriter Road Donnelly 24 Associates 23 William access granted per planning Dungannon Terryglassog Street permission for replacement Road Portadown dwelling Dungannon BT62 3NX BT70 1LX LA09/2016/1003/DCDischarge of Condition of Adjacent to 82 Sixtowns Road 19/09/2016 Lianne Heaney Planning Application H/ and approx 30m South East of Northern 2006/0491/F Nos. 2-10 Whitewater Court Archaeological Straw Consultancy Draperstown LTD Farset Enterprise Park 638 Springfield Road Belfast BT12 7DY

Page 13 of 24 Delegated Planning Applications Decisions Issued Decision Issued From: 01/09/2016 00:00:00To: 30/09/2016 00:00:00

Reference Proposal Location Date Decision Applicant Agent Number Issued LA09/2015/0777/F Proposed storage shed to serve Existing BSK Engineering 21/09/2016 BSK Mrs Carol Gourley existing engineering business. premises Engineering 42 MRPTI Unit 7 Retention of existing pre located approximately 188 Tullyodonnell Cookstown Enterprise fabricated office building and metres North East of 42 Road Centre existing parking area at entrance Tullyodonnell Road Dungannon Derryloran Industrial to yard. Retention of change of Rock Estate use of building approved under I/ Sandholes Road 2012/0384/F, from storage to Cookstown production and processing. BT80 9LU BT51 5AB LA09/2016/0288/F Proposed free range poultry shed Lands approx. 100m West of 8 21/09/2016 Mr Patrick T Henry Marshall Brown with 1No. feed bin and a standby New Line Road Lagan 8 New Architectural generator building (Poultry shed Cookstown Line Road Partnership 10 Union to contain 6000 free range egg BT80 9JQ Cookstown Street laying hens) BT80 9JQ Cookstown BT80 8NN LA09/2016/0507/O Proposed dwelling on a farm Adjacent to 76 Moor Road 21/09/2016 Mr Patrick McKeown and Shields Coalisland O'Neill 76 Moor 1 Annagher Road Road Coalisland Coalisland BT71 4NE BT71 4QD LA09/2016/0752/LDEExisting business for the sale, Lands to the rear of 107 21/09/2016 Eugene O'Kane Clyde Shanks Ltd 5 display, storage and distribution Ballyronan Road Ltd 107 Oxford Street of plumbing supplies Ballymulderg More Ballyronan Road Belfast Magherafelt Ballymulderg BT1 3LA More Magherafelt BT45 6HP

Page 14 of 24 Delegated Planning Applications Decisions Issued Decision Issued From: 01/09/2016 00:00:00To: 30/09/2016 00:00:00

Reference Proposal Location Date Decision Applicant Agent Number Issued LA09/2016/1212/DCDischarge of condition of H/ Land 100m South of Church of 21/09/2016 Chris Long 2009/0378/F - archaeological Ireland Gahan and Long programme of works Oldtown Road 7-9 Castlereagh Bellaghy Street Belfast BT5 4NE LA09/2015/1192/F Retention of existing as built new Derrynoyd Road 22/09/2016 P and K The Boyd Partnership vehicular access, internal road Draperstown McKaigue Ltd LLP 4 River's Edge layout and sub station in Co Derry 90 Main Street 15 Ravenhill Road accordance with previous Maghera Belfast planning approval H/2007/0732/F BT46 5AF BT6 8DN and H/2005/1294/F. New residential development to have change of house types on previous approved H/2007/0732/ F with a reduction in density to provide 48 no dwellings (mix of semi-detached and detached with garages) LA09/2016/0264/F Proposed free range chicken 260m South West of 66 Cappagh 22/09/2016 Mr Noel Boyle Donnelly Design house max (16,000 birds) with 2 Road 64a Cappagh Services 8 Devesky no meal bins and reception / Galbally Road Road generator building Dungannon Galbally Carrickmore Dungannon Omagh BT70 2PD BT79 9BU

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Reference Proposal Location Date Decision Applicant Agent Number Issued LA09/2016/0330/F Proposed 2No. broiler poultry Land approx. 100m North East of 22/09/2016 Mr Dermot Henry Marshall Brown sheds with 4no. feed bins, 2 no. 16 Ballynian Lane Quinn 16 Architectural gas tanks, a biomass boiler shed Swatragh Ballynian Lane Partnership 10 Union with fuel bin and an office, Ballynian Street changing and standby generator Swatragh Cookstown building (to contain in total 74, BT46 5QP BT80 8NN 000 broilers) and 4 passing bays. LA09/2016/0594/F Provision of office, reception and Desmond Watters Funeral 22/09/2016 Desmond S J Hudson 21 Main stores for funeral services Services Watters Funeral Street business 55 Main Street Services 55 Desertmartin Tobermore Main Street BT45 5LW Magherafelt Tobermore 79632058 Magherafelt

LA09/2016/0625/O Proposed Dwelling Approx 20m south west of 46 22/09/2016 Mr Gallagher CMI Planners Ltd Unit Balagherty Road 46 Belagherty C5 Magherafelt Road 80-82 Rainey Street Magherafelt Magherafelt BT45 6JJ BT45 5AG LA09/2016/0640/RMDwelling and Domestic Double 25m NW of 195 Pomeroy Road 22/09/2016 Mr James Quinn T J Fullerton Design 12 Garage Pomeroy 195 Pomeroy Rainey Court Dungannon Road Magherafelt Pomeroy BT45 5BX Dungannon

LA09/2016/0767/F Proposed single storey office 12 Lisdoart Road 22/09/2016 Coote Prestige Homes 135a block including additional car Ballygawley Engineering 12 Lismore Road park spaces Lisdoart Road Ballygawley Ballygawley BT70 2NG BT70 2ND

Page 16 of 24 Delegated Planning Applications Decisions Issued Decision Issued From: 01/09/2016 00:00:00To: 30/09/2016 00:00:00

Reference Proposal Location Date Decision Applicant Agent Number Issued LA09/2016/0804/LDETwo Storey detached dwelling 28 Mulderg Road 22/09/2016 MR. Stephen Clyde Shanks LTD 5 and detached ancillary garage at Magherafelt Brownlow 28 Oxford Street ground floor level. Mulderg Road Belfast Magherafelt BT1 3LA First floor self contained flat used BT45 6NN as independent and separate living accommodation to that of the two storey detached dwelling. LA09/2016/0842/RMProposed dwelling with garage 70M South of 154 Eglish Road 22/09/2016 Caolan Daly And AP Mackle 127 Dungannon Kathy Poyntz Benburb Road 154 Eglish Road Moy Dungannon Dungannon BT71 7QA LA09/2016/0875/F Proposed Ground floor gable two 71 Crosscavanagh Road 22/09/2016 Damian Quinn bedroom and utility extension to Galbally 71 dwelling Dungannon Crosscavanagh Road Galbally Dungannon BT70 3BJ LA09/2016/0903/LDPProposed OFF Sales Area within 40 Caledon Road 22/09/2016 Debbie Dodds Prestige Homes 1 Existing Shop Aughnacloy 22 Dungannon Lismore Road Road Ballygawley Aughnacloy BT70 2ND

LA09/2016/0904/RMProposed Dwelling 150m West of 85 Loughans Road 22/09/2016 Dale Givans 85 Prestige Homes 1 Dungannon. Loughans Road Lismore Road Dungannon Ballygawley BT70 2LE BT70 2ND

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Reference Proposal Location Date Decision Applicant Agent Number Issued LA09/2016/0982/LDENon compliance of Condition no. Crocknawarke Quarry 22/09/2016 Loughdoo Quarryplan Limited 6 6 of planning permission I/ 10 Loughdoo Road Aggregates Saintfield Road 2002/0826/F granted in May Loughdoo Loughdoo Road Crossgar 2003. The condition required that Cookstown Cookstown Downpatrick no development shall take place BT80 9PL BT80 9PL BT30 9HY until the location and details of a spray type wheel wash facility has been submitted to and approved in writing by the Department. the facility shall be installed in accordance with the approved plans and be operational before extracted mineral is taken off site. LA09/2016/1177/LDEExisting garage and store above 31 Tulnavern Road 22/09/2016 Brian Conway Dan McNulty 4 Dungannon 31 Tulnavern Dergmoney Court Road Omagh Dungannon BT78 1HA

LA09/2016/0392/F Proposed free range poultry Approx 160m East of 26 Garlaw 26/09/2016 Alan Hall 18 Bernard Donnelly 30 laying unit including 2 feed Road Garlaw Road Lismore Road storage bins with generator store Clogher Clogher Ballygawley and reception hut and associated BT70 2ND works (max No birds 16000) LA09/2016/0733/RMProposed dwelling and garage 80 metres North West of 5 26/09/2016 Mr and Mrs Alan Henry Marshall Brown Drumeen Road Jordan 23a Architectural Moneymore Carrydarragh Partnership 10 Union Road Street Moneymore Cookstown BT45 7UF BT80 8NN

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Reference Proposal Location Date Decision Applicant Agent Number Issued LA09/2016/0801/F Proposed Change of house type 100m North of 159 Ballinderry 26/09/2016 TDL APS Architects 4 Mid on sites 2 to 5 from that approved Bridge Road Groundworks Ulster Business Park under application I/2008/0503/F Ballylifford Ltd 37 KIllucan Sandholes Road Cookstown Road Cookstown Cookstown BT80 9LU

LA09/2016/0841/F Proposed change of house type 100m north of Ballinderry Bridge 26/09/2016 TDL APS Architects Mid on sites 1 and 6 from that Road Ballylifford Cookstown Groundworks Ulster Business Park approved under application I/ LTD 37 4 Sandholes road 2008/0503/F Killucan Road Cookstown Cookstown BT80 9LU

LA09/2016/0863/F Alterations and extensions to 12 Tobermore Road 26/09/2016 Jim Heron 12 OJQ Architecture 41a existing dwelling to include front Draperstown Tobermore James Street and rear lean to extensions and Road Cookstown side extension Draperstown BT80 8AA BT45 7HG LA09/2016/0865/F Proposed alterations and 40B Culbane Road 26/09/2016 Mr Conor Diamond Architecture extensions to the rear of existing Ballynease Diamond 40B 77 Main Street dwelling including detached Portglenone Culbane Road Maghera garage with games room over Ballynease BT46 5AB with first floor linked access to Portglenone dwelling LA09/2016/0944/F Amended house type to that 100m West of 30 Ballyblagh Road 26/09/2016 Mr Norman Shaw Design 34 approved Ref. I/2011/0141/F Ballyblagh Ferguson 30 Grange Road Stewartstown Ballyblagh Road Dungannon Dungannon Stewartstown BT71 7EQ Dungannon

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Reference Proposal Location Date Decision Applicant Agent Number Issued LA09/2016/0953/F Single storey side extension to 155 Ballinderry Bridge Road 26/09/2016 Josh Workman Arlene Workman 155 existing dwelling incorporating Coagh 155 Ballinderry Ballinderry Bridge disabled facilities Bridge Road Road Coagh Coagh BT80 0AY LA09/2016/0990/F Side and rear extension to 83 Westfort 26/09/2016 Mr Kieran O'Neill Robert Gilmour dwelling and detached single Westland Road 83 Westfort Architects 64 Haypark garage Cookstown Westland Road Avenue Cookstown Sunnyside Street BT80 8TH Belfast BT7 3FE LA09/2016/0328/O Proposed site of infill dwelling 60m North East of 4B 27/09/2016 Alan Mawhinney Diamond Architecture and domestic garage for Ballyscullion Lane Bellaghy 49 Ballyscullion 77 Main Street residential purposes (amended Road Maghera address) Bellaghy BT46 5AB BT45 8LD LA09/2016/0779/F Farm dwelling and garage Site adjacent to 57 Killary Lane 27/09/2016 Mr Gerard Corr McNally Morris Stewartstown 57 Killary Lane Architects 15 Stewartstown Edentrillick Road BT71 5QE Hillsborough BT26 6PG LA09/2016/0868/F Retention of modular office and 60 Drummurrer Lane 27/09/2016 Elite Granite - McKeown and Shields showroom for associated granite Drummurrer K Hughes 60 1 Annagher Road manufacturing workshop. Coalisland Drummurrer Coalisland Lane BT71 4NE Drummurrer Coalisland

Page 20 of 24 Delegated Planning Applications Decisions Issued Decision Issued From: 01/09/2016 00:00:00To: 30/09/2016 00:00:00

Reference Proposal Location Date Decision Applicant Agent Number Issued LA09/2016/0934/F Shopfront Improvements 9 Oldtown Street 27/09/2016 Charlene Burton APS Architects LLP 4 Cookstown 9 Oldtown Street Mid Ulster Business Cookstown Centre Cookstown BT80 9LU LA09/2016/0961/F Free standing car port and store Mansefield Lodge 27/09/2016 Mr D Simpson Manor Architects Ltd to side of dwelling 18 Old Coagh Road Mansefield Stable Buildings Cookstown House Manor House 18 Old Coagh 30A High Street Road Moneymore Cookstown BT45 7PD BT80 8RQ LA09/2016/1046/RMProposed Dwelling and Domestic Site Opposite 24 Upper Cranlome 27/09/2016 James Donaghy McKeown and Shields Garage Road Ballygawley 29 Ballynahaye 1 Annagher Road Dungannon Road Coalisland Cranlome BT71 4NE Ballygawley

LA09/2016/0483/F Replacement Dwelling to be used 47 Trewmount Road 28/09/2016 Select Vestry Leighton Johnston as a rectory for St Andrew's Killyman Killyman Parish Associates 39 Main Church of Ireland Killyman Dungannon St Andrew's Street Rectory 85 Moira Dungorman Craigavon Road BT67 0LQ Dungannon BT71 6SE

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Reference Proposal Location Date Decision Applicant Agent Number Issued LA09/2016/0651/F Proposed replacement dwelling 116 Moy Road 28/09/2016 Mr Neil Dennis O'Neill 90 (bungalow) Dungannon Gallagher 1 Gortgonis Road Maplebrook Rise Coalisland Coalisland BT71 4 QG

LA09/2016/0897/RMErection of replacement dwelling Approx 230m S.W. of 223a 28/09/2016 Alisa and Conor Bernard Donnelly 30 and domestic garage Favour Royal Road McGuiness C/ Lismore Road Derryclay o.8 Moore Street Ballygawley Augher Aughnacloy BT70 2ND

LA09/2016/0265/F Proposed poultry shed with 4 no. Lands approximately 160 metres 29/09/2016 Mr Stephen Watt Clyde Shanks Ltd 5 feed bins and standby generator North of 16 Gortavale Road 16 Gortavale Oxford Street building (to contain 32,000 free Dungannon Road Belfast range layers), access and Dungannon BT1 3LA ancillary site works BT70 3HW LA09/2016/1002/F Two storey side extension, living 28 Fardross Road 29/09/2016 The Earl of Maxwell Pierce LTD 99 room on ground floor with Fardross Belmore The Tempo Road bedroom above. Single storey Clogher Garden House Enniskillen replacement porch Castlecoole BT74 6LD Enniskillen

LA09/2016/1033/F Proposed infill covered loading 60B Killyharry Road 29/09/2016 Mr Pat O'Neill McCarter Hamill bay Donaghmore JPM Architects 44 Circular Engineering Ltd Road 60b Killyharry Dungannon Road BT71 6BE Donaghmore

Page 22 of 24 Delegated Planning Applications Decisions Issued Decision Issued From: 01/09/2016 00:00:00To: 30/09/2016 00:00:00

Reference Proposal Location Date Decision Applicant Agent Number Issued LA09/2016/0768/DCDischarge condition 1 on M/ Crockanavarak 30/09/2016 Trish Kelly 2014/0475/F Eshmore and Altaglushan Energia Townlands Renewables Galbally 62 Newforge Dungannon Lane Belfast BT9 5NF LA09/2016/0861/F Alteration and extension to 86 Moneysharvin Road 30/09/2016 Daniel McMullan OJQ Architecture 89 existing dwelling Maghera 86 Main Street Moneysharvin Garvagh Road Coleraine Maghera BT51 5AB

LA09/2016/0862/F Proposed extensions and 64 Fegarron Road 30/09/2016 Eamon A.C.E. Architectural alterations to dwelling Cookstown Loughran 64 Services 138 Queen Fegarron Road Street Cookstown Ballymena BT42 2BQ LA09/2016/0867/F Proposed replacement dwelling 30m South of No 69 Lissan Road 30/09/2016 Pat Scullion APS Architects LLP with retention of existing building Cookstown Unit 2 NO.4 Mid Ulster to be used as domestic garage/ Killcronagh Business Park store and new access Business Park Cookstown Cookstown BT80 9LU

LA09/2016/0877/F Propose change of house type 31 Corrick Road 30/09/2016 Kevin O'Neill 7 APS Architects LLP 4 Draperstown Dromdallagan Mid Ulster Business Draperstown Park Cookstown BT80 9LU

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Reference Proposal Location Date Decision Applicant Agent Number Issued LA09/2016/0878/F Proposed single storey side 60 Moneyneany Road 30/09/2016 Mrs Bernie Diamond Architecture extension to existing dwelling to Draperstown Trainor 60 77 Main Street provide new linked annex for Moneyneany Maghera residential purposes Road BT46 5AB Draperstown

LA09/2016/1050/DCDischarge of Condition no.4 I/ 207M SE of 151 Ballyronan Road 30/09/2016 Ross Planning 2014/0115/F Magherafelt 9A Clare Lane Cookstown BT80 8RJ

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