New base for Copper Industries approved for unzoned land at Bellaghy despite recommendation to refuse from Mid Ulster planning officers

During a lengthy debate, clear consensus emerged among committee members that an exception ought to be made to facilitate the future growth of Copper Industries, a company currently based at Shivers Business Park.

Planning officers had recommended refusal on the grounds that the proposal conflicted with both regional and operational planning policy.

While councillors have now voted to approve the development in principle, outstanding wastewater issues will still have to be resolved.

The planning application was lodged by CMI Planners, Toomebridge, on behalf of Cathal Shivers, Drumlamph Lane, Castledawson, and his chosen location for his new industrial base is a piece of agricultural land opposite SDC Trailers, 116 Deerpark Road, Bellaghy.

Presenting the report, a Planning officer argued that the application was contrary to the strategic direction of regional planning policy, which seeks to focus economic development within established settlements rather than the countryside.

The officer stated: “This application is considered to be fundamentally at odds with the thrust of regional planning policy and also with prevailing operational policies.

“In terms of regional policy, the RDS (Regional Development Strategy) promotes a spread of economic development across the region focused on the main cities and hub towns.

“The SPPS (Strategic Planning Policy Statement) states that the level of new building for economic development purposes outside of settlement limits must be restricted.

“The uptake of industrial land in settlements across the Magherafelt area is the lowest of the three legacy districts, with only 16 per cent of land taken up compared to 41 per cent of land taken up in the Cookstown district and 60 per cent in Dungannon.

“Therefore there is an ample supply of zoned industrial land available in settlements to house this development.

‘Contrary to relevant policies’

“It is the view of officers that the proposal is contrary to the relevant policies which govern economic development in the countryside.

“The use which would be extended if PED (Planning and Economic Development) 3 were applied, is [at] the existing Copper Industries site at Shivers Business Park, approximately two and a half kilometres away from the application site.

“The use being expanded cannot be taken as a third-party industrial development, which would be SDC Trailers in this instance.

“In relation to PED 5, this policy states that major industrial development in the countryside will be permitted where it is shown to make a significant contribution to the regional economy, and where it has demonstrated that it needs a countryside location.

“It is considered that whilst this development, which is not considered to be a major development, will be beneficial to the local economy in Mid Ulster, it will not have a significant positive impact on the regional economy of Northern Ireland.

“Northern Ireland has an estimated regional GDP of around £60 to £65 billion per year, and this proposal is estimated to generate around £25 million, which is approximately 0.05 per cent of the GDP of the region.

“It will generate around 320 jobs, some of which are temporary in the construction phase, and this accounts for around 0.04 per cent of the workforce in Northern Ireland.

“So, it is not accepted that this proposal will make a significant contribution to the regional economy of Northern Ireland.

“Likewise, it has not been demonstrated that the proposal needs to be housed in this countryside location. The agent has submitted 23 alternative sites within settlements and found them to be unsuitable.

“The deferred case officer report shows that a large proportion of these alternative sites put forward by the agent were, in fact, suitable for development.

“The proposed development in this instance is of a scale where it cannot be considered a small rural project and it is not associated with any settlement.

“This proposal does not fit into any of the categories whereby industrial development in the countryside is acceptable.

“Allowing the development of a rural site for economic development which is not capable of making a significant contribution to the regional economy, when there is clearly zoned land available in settlements, absolutely flies in the face of regional policy and the Council’s growth strategy.”

Application ‘secures continued growth’

Chris Cassidy, from CMI Planners, was initially due to speak in support of the application, however committee members were told that consultant Richard Hart would speak on it instead.

He told committee members: “This application secures the continued growth, investment and employment of a Mid Ulster vital manufacturer within Northern Ireland.

“Copper Industries is a leading manufacturer of large-scale thermal vessels up to 300,000 litres, critically supporting the transition to a low-carbon economy through integration with renewable energy systems, heat pumps, solar installations and data centres.

“The proposal [would generate] approximately 220 business-related jobs, £15 million in annual GVA and £9.66 million of private investment, while significantly boosting exports to Great Britain and the Republic of Ireland.

“We respectfully submit that our economic metrics comfortably constitute a significant regional contribution.

“Regarding location, the applicant has rigorously assessed 23 alternative sites. Invest NI has confirmed it currently lacks a site large enough to facilitate the company’s needs.

“While the officer suggests alternatives, these are acknowledged as only capable of accommodating Phase 1 of the development.

“Copper Industries requires an unconstrained long-term site capable of accommodating manufacturing, offices, storage, HGV movements and planned future expansion.

“We respectfully ask members to exercise their planning judgement, depart from the recommendation and support this critical investment in Mid Ulster and the wider Northern Ireland economy.”

Councillors air views

As councillors were given an opportunity to air their views during the committee meeting, it soon emerged that all were minded to make an exception and allow Copper Industries to use unzoned rural land for their new base.

The first to speak in favour of the planning application – and consequently to advocate overturning Planning officers’ recommendation for refusal – was Councillor Seán McPeake (SF).

He told committee members: “I was reading the officer’s report and I must say I’m going to have to disagree with some of the points. I’m minded to propose a different recommendation than the one before us at the moment.

“This is a proposal to grow an indigenous and home-grown manufacturing industry here in Mid Ulster.

“The product which Copper Industries manufactures is a market leader in sustainable copper heating technologies within the island of Ireland.

“The company exports 70 per cent of the products which they manufacture, and the firm has an exceptional growth record for these sustainable heating systems.

“The proposal in front of us, to me, is a logical consolidation of the company’s existing business and will help the company grow into the future, safeguarding existing jobs, creating a more skilled workforce, and providing significant additional employment opportunities.

“I recognise that this site isn’t within the recognised industrial zoned lands identified in the Magherafelt Area Plan of 2015, but I believe we should and need to consider the various unique and mitigating circumstances that pertain to this individual application.

“Our 2015 Area Development Plan is significantly out of date and doesn’t give true consideration to the considerable deficit of industrial land in our area.

“Indeed, the officer reporting has just alluded to the dearth of industrial land that we have.

“I believe there are none identified within that report that actually meet the needs of this particular business going forward.

“The small parcels identified are around settlements, but a lot of them are privately owned and earmarked for expansion. They’re not going to let new businesses come in and take over, especially given the size that’s needed for this application.

“The council has been identified as having the lowest available Invest NI lands for industrial use. We have nil. I myself have been part of the lobbying by this council for the release of more lands from Invest NI. Nothing has changed.

“The site itself on the Deerpark Road, I believe, is a suitable site for industrial development.

“It’s opposite the regional trailer manufacturer SDC Trailers. The site identified by Copper Industries, to me, is a logical extension to an already existing industrial cluster and does not, in my view, fundamentally alter the rural character of the area.

“On the comments made in the report around seeking an alternative site at Mr Shivers’ home farm in Drumlamph Lane, I wish to state just how unsuitable this would be for an extension of the business there.

“It’s a single-track lane and, for an expansion of this nature, up to 200 jobs to go there, how are HGVs going to navigate that lane?

“I believe we in Mid Ulster have a duty to support our indigenous, unique and sustainable manufacturing successes. One example is Copper Industries.

“We have an industrial manufacturing business success story local to us, and they’re in urgent need of a site to expand and consolidate their place in the regional and national markets.

“For the reasons which I’ve just outlined, I’m minded to propose that we overturn this refusal recommendation.”

Also supporting the planning application, Councillor Donal McPeake (SF) said: “Creagh is a heavily industrialised area. We’ve lost, to my knowledge, one large-scale development recently, and I think we should really be supporting this because we should not be turning down these opportunities.”

Councillor Kyle Black (DUP) said he had sympathy with the application, arguing that it appeared to fall between two planning policy categories.

He added: “Whilst this isn’t a zoned site, industrial development as proposed in this area is not going to pose a problem from an integration perspective, given the level of industrialisation that’s already there.”

Lead Planning Officer, Karen Doyle defended some of the assessments made in the report, saying: “[The planning report] has clearly laid out the percentages and where that sits in terms of what the business generates and where that sits in terms of the wider value.

“We don’t feel it’s big enough to be considered a major development in terms of policy, but equally it doesn’t fit within PED6 for a small rural enterprise, because the policy is very specific.

“I hear the points regarding the lack of available sites. We still have 84 per cent of land available in Mid Ulster.

“There are a number of sites that do have the available size and are within the settlement limits in the former Magherafelt area.

“I take the point regarding the existing third-party business located nearby, but the policy is for the applicant’s business, not the third party, to expand.”

Cllr Black, however, felt that an exception should be made to accommodate and future-proof a successful business: “This is obviously a thriving business growing at quite a rapid rate. There are further plans for development and expansion.

“Therefore, while there may be lands that fit the current proposal, we could very quickly be in a position where the business needs to expand further to fulfil demand and the site would not be able to accommodate that need.”

‘Exception should be made’

Council Chair, Councillor Deirdre Varsani (SF) was also of the view that an exception ought to be made in this case by approving the planning application, saying: “I think this is an example of where we are seeking to tailor things to the local needs, and I think it does push us into the threshold for an exception, if we are serious about marrying the Planning policy with the proper aspects of our economic development.

“I also think the fact that there are no objections to this application, and that people from the local area are accepting this as something that would fit within the character of the area, is hugely significant.

“It is also important to note that if we heard on the news that someone was coming to Mid Ulster to provide 230 jobs over the next few years and going to plough in £25 million in total, we would be celebrating.”

Councillor Kerri Martin (SDLP) pointed out that Copper Industries was a significant industrial operation, at least within Mid Ulster, saying: “This application is never going to be one of regional significance unless we allow it to develop. There’s a site here that’s been identified. I think it was mentioned there have been 23 others that were unsuitable for this.

“As well as that, whilst it may not qualify as regionally significant at this moment in time, for Mid Ulster in particular it is of massive significance. There would be 222 additional jobs plus 95 in construction.

“It’s already an industrialised area, although it’s been noted that it hasn’t been zoned for that. There would also be a great electricity supply in the area to allow this company to integrate.”

Echoing the widespread sentiment expressed across the chamber in favour of allowing this development to proceed, Councillor Meta Graham (UUP) commented: “I think it should be made an exception. Like everybody else, I would be in full support of it.

“It’s fantastic for Mid Ulster and, if we don’t proceed, we’re going to lose out. We shouldn’t be losing out because of red tape.”

At the end of the debate, members agreed to delegate authority to officers to resolve the remaining drainage issues and formulate planning conditions without bringing the application back before committee, provided the outstanding matters can be satisfactorily addressed.

That approach enabled committee members to approve the development in principle, marking a significant departure from officer advice.