Planning approval for site in Cookstown deemed no longer to be a public open space
A planning application for two dwellings on a site in Cookstown has been granted permission after being initially refused.
The planning application for the site between numbers 3 and 5 Castle Villas was lodged by PDC Chartered Surveyors in Cookstown, on behalf of Sam Lennox, of Killymoon Road, Cookstown.
The piece of land in question was once zoned as a public open space, and Mid Ulster planning officers ihad nitially taken the view that granting planning permission for the said dwellings would deprive the community of that open space.
However, following a subsequent office meeting, and evidence provided by the agent, to the effect that the piece of land in question has been privately owned by the applicant for many years, the matter was reconsidered.


The planning report states: “As part of the deferred process, the agent has put forward the argument that the applicant has owned the land for the last 17 years and has used it as his private garden, which is linked to his own dwelling.
“Photographs have been provided which show the applicant’s grandchildren playing in the area over the years.
“The applicant stated at the deferred office meeting that he had purchased the land and got planning permission for a wall to surround it. He has assumed when this wall was granted that it, by default, stopped the land being classed as public open space. He stated that he recently re-seeded it and had maintained it as his private garden area since he took possession of it.
“A land registry search shows the applicant and his wife as taking ownership of the land on 11/09/09.”


The planning report continues: “Given this new information, I cannot see any merit in sustaining a refusal in this instance. The policy directs toward the ‘weighing up’ of benefits in terms of use to the community.
“Given, the arguments made, it is clear that this is not a piece of land which is owned by or accessible to the public/local community.
“The current community benefit from the status quo being retained is zero. On the other hand, the building of two new dwellings will have community benefits, in that two more houses will be provided in a residential area.”
The approved planning application is only at the outline stage, meaning that the final layout of the dwellings being proposed has not yet been submitted. This will also need to be approved, as has been made clear by the planning officers.
In their report, the planning officers state: “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, shall be obtained from Mid Ulster District Council, in writing, before any development is commenced.”
The recommendation to approve the deferred planning application was proposed by Councillor Sean Clarke (Sinn Féin, Magherafelt DEA) and seconded by Councillor Gavin Bell (Sinn Féin, Cookstown DEA) at the latest Planning committee meeting of Mid Ulster District Council on Tuesday, January 6.
