MKA Planning are NI’s specialist consultants in rural planning issues. We have won more planning appeals for rural sites in the countryside than any other planning practice.
We are experienced in the interpretation of PPS 21, the ambiguities within its policies and have achieved many precedent permissions with both the Planning Service, and, where agreement cannot be reached, with the Planning Appeals Commission.
Planning Policy Statement PPS 21 – Sustainable Development in the Countryside allows planning permission for dwellings and development in the countryside in the following instances:-
Dwellings on a Farm.
Provision is made for a house on a farm every 10 years (from 2008) subject to no houses or development opportunities being sold off since the publication of the draft PPS 21.
The Planning Service has conceded that there is still a need for new dwellings on farms to accommodate both those engaged in the farm business and others who live in the rural community and will now permit an alternative site / dwelling away from the farmyard on genuine health and safety reasons or expansion plans.
New houses on farms will not be acceptable unless the existing farming business is both etablished and active for at least a period of 6 years. The applicant will therefore be required to provide the farm’s DARD business ID number along with other evidence to prove active farming over the required period. We have been able on a number of occasions to get permission where the current business has not been active for 6 years. A farm dwelling was approved as the land had been farmed for the necessary period.
Replacement Dwellings.
In relation to replacement dwellings, There is no longer an ‘abandonment’ test meaning that Replacement Dwelling will be granted for existing dwellings in various states of repair, as long as walls & recognisable openings remain
If the dwelling to be replaced exhibits the essential characteristics of a dwelling and as a minimum all external structural walls are substantially intact planning permission may be granted for a replacement dwelling.
If a dwelling has recently been destroyed, for example, through an accident or a fire, planning permission may be granted for a replacement dwelling, However, evidence regarding the status and previous condition of the building and the cause and extent of the damage will be required by the Department.
All permissions for a replacement dwellings granted under this policy will be subject to a condition requiring demolition of the existing dwelling or restricting its future use if it is to be retained as part of the overall development scheme.
Above is a photo of a replacement dwelling at Duncrue Road won at appeal by the Practice in November 2012.
MKA Planning also recently won a ‘landmark’ planning appeal for an off site replacement dwelling under Policy CTY 3 of PPS 21. You can read the case study below.
‘Landmark’ appeal for an off-site replacemnet dwelling
Dwellings in Clusters.
The cluster policy allows opportunities for a dwelling within an existing cluster of four or more buildings and provided all the following points are met: –
- The cluster appears as a visual entity in the local area.
- The cluster is associated with a focal point such as a social / community building/facility, or is located at a cross-roads etc.
- The site provides a suitable degree of enclosure and is bounded on at least two sides with other development in the building cluster.
- The site can integrated into the existing cluster through rounding off and consol idation and will not significantly alter its existing character.
MKA have recently won the first successful planning appeal for cluster dwelling at Curryfree Road Co. L’Derry. Click here to read the decision.
Infill/Gap Sites.
Planning applications will be permitted 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 in terms of size, scale, siting and plot size and meets other planning and environmental requirements.
Provision is also made for economic development proposals within these gaps.
Policy allows appropriate economic development proposals such as light industry within a small gap site within a substantial and closely built up frontage subject to certain criteria.
You can also have a look the MKA recent infill case studies below.
Infill Success at Broighter Road, Limavady
Infill Success at Foreglen Road, Dernaflaw, Dungiven
Infill Success at Lands at Boviel Road, Dungiven
Non Residential.
Farm Diversification Schemes.
Farm diversification is facilitated where it can be shown that it will be operated in conjunction with the agricultural operations on the farm, it complies with certain criteria and it involves the reuse of existing farm buildings. Exceptionally, a new building may be permitted in certain circumstances.
Click to download the MKA PPS 21 Briefing Note
