Unauthorised apartment in Draperstown finally approved by Mid Ulster planners

The complex was constructed with unapproved finishes, however consent was eventually given because the residential complex is more than five years old, and no enforcement measures can be taken at this stage.

The planning application was lodged on behalf of Cloane Construction, 9 High Street, Draperstown.

Back in June 2021, Mid Ulster District Council planning officers had made it clear that the proposed addition of a fifth apartment was not acceptable.

They stated at the time: “The application is for a non-material change to planning approval [previously granted] for proposed change of use from storage warehouse to four residential apartments, with parking and internal courtyard area.

“The non-material change application is described by the applicant as ‘proposed new apartment 5 to existing approved scheme, with new window and door opening to yard elevation and side elevation’.

“I do not believe the addition of an additional residential apartment to the already approved development can be considered a non-material consideration.

“The approved plans show six parking spaces provided for the four apartments.

“The non-material change seeks to add an additional apartment, whilst also reducing the number of parking spaces to three.

“From this I believe this can be considered an extension to a development already approved, and will also result in a material change in design of the building.”

Days later, planning officers wrote to the applicant’s agent. They stated: “The council has made a decision, and it is the view of the council that the proposed change to planning application is not acceptable as a non-material change.

“If you wish to proceed with the above proposal, you will be required to submit a planning application for determination.”

Three years later however, in correspondence dated July 3, 2024, the fifth apartment and unapproved finishes were deemed by Mid Ulster planning officers to be an acceptable ‘fait accompli’.

Planning officers wrote: “The application was refused on the basis of the proposal failing to preserve or enhance the character and appearance of the area, the use of inappropriate materials, not conforming with the guidance set out in the Draperstown Conservation Area Guide, and the proposal will prejudice road safety and significantly inconvenience the flow of traffic.

“A deferred office meeting was held and it was agreed that I would carry out a site visit, to assess if the cars are able to manoeuvre safely to and from the application site.

“Having carried out several unannounced site visits, I have no concerns in this regard. I am also content there are double yellow lines which will deter from residents parking along the main Magherafelt Road, and there is ample on-street free car parking in the immediate vicinity of the site.

“Roads Service do not offer any objections to the proposal, subject to the council accepting a relaxation of car-parking standards.

“With regards to the setting and character of the proposal, the application site is located within the Conservation Area of Draperstown, and permission was previously granted for four apartments on the application site.

“The apartments have been constructed not in accordance with what was approved, however the finishes are as was constructed in excess of five years, and therefore immune from enforcement.

“This application will regularise what has been constructed on the ground.

“Historic Environment Division (HED) are content the proposal will have a minimal visual impact on the nearby listed building.

“The conservation officer is concerned with the proposed design, including massing, height, scale, materials and finishes. However, the previous history is a material consideration, and [the housing complex] was built in accordance with those approved drawings, until unauthorised amendments were made to the built fabric.

“Taking the previous approval into account, the number of years since first constructed, I am of the opinion the current proposal is acceptable and recommend an approval of the application.”

The recommendation to approve the deferred planning application was proposed by Councillor Seán McPeake (Sinn Féin, Carntogher DEA) and seconded by Councillor Sean Clarke (Sinn Féin, Magherafelt DEA), at the September 3 Planning meeting of the local authority.