MKA Planning have been successful at planning appeal this month winning an appeal for a farm dwelling for a private client at Crindle, Limavady, overcoming Rivers Agency and the Council’s objections.
The application was refused on flooding grounds as it was considered to be within the River Roe floodplain.
MKA Planning were able to obtain a Rivers Agency map showing that the appeal site was actually located outside the defined flood plain and other precedent permissions in this area supported the approval of the appeal proposal.
It is noteworthy in the current climate where costs can be awards against parties for unreasonable behaviour that the Rivers Agency witness would not accept that the site was outside the floodplain despite his own Agency map indicating same. While cost appeals may not be awarded against statutory consultees if the Planning Service are refusing applications on the basis of consultations from these consultees which are later found to be unreasonable Planning Service may also face a costs award.
For further information see PAC REF. NO: 2014/A0217 at at Planning Appeals Commission webpage.
If you have any rural development plans contact Matt or one of the MKA Team at 02871311551 to discuss your options.