MKA Planning wins Planning Appeal against Tourist Occupancy Condition.

• 19th March 2013
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• mkaplanning

MKA Planning has recently won a planning appeal against a tourist occupancy condition on a planning permission for 18 holiday chalets in Ballymoney.  The condition restricted occupancy of the holiday chalets to short term holiday letting only preventing them being sold off as second homes.

MKA Planning successfully argued that Planning Service had wrongly applied its own planning policy.

Policy TSM6 of Draft PPS 16 is not yet adopted planning policy and should not have been applied by Planning Service.  Policy TOU3 of the Planning Strategy for Rural Northern Ireland (PSRNI) was the appropriate planning policy.  The appeal site’s location beside a golf course, driving range, restaurant and hotel/dog track approval all created a site specific tourist need at this location.   Policy TOU 3 permits second homes and Commissioner allowed the planning appeal and the condition was amended to be for holiday use only and not for permanent residential occupation.

MKA Planning are NI’s  leading tourism planning consultants.

To view the PAC Decision Click below.