MKA Planning Limited have won a ‘landmark’ planning appeal for an off site replacement dwelling under Policy CTY 3 of PPS 21 at Clon Road, Eglinton, for a private client.
MKA argued that criteria (a) and (b) were disjunctive tests. The Commissioner agreed that the proposal was an exception under criteria (a) of Policy CTY3 given the restrictive nature of the site and therefore criteria (b) did not need to be considered.
The Commissioner agreed with MKA Planning that the criteria specifically set out in Policy CTY 3 deal with the issues of integration, visual impact, design and rural character, provision of services etc.
There is no cross reference within Policy CTY 3 to Policies CTY 13 ‘Integration and Design of Buildings in the Countryside’ and CTY 14 ‘Rural Character’.
The PAC has now clarified that if a proposal meets the requirements of Policy CTY 3 and is acceptable in principle in the countryside, then Policies CTY 13 and CTY 14 do not apply.
This decision is in line with recent other PAC decisions in relation to the interpretation of Policy CTY 10 where the Commission have concluded that Policies CTY 13, 14 and 16 did not apply..
This PAC decision is therefore a significant material planning consideration in future off site replacement dwelling applications.
To read a copy of the decision click below.
If you have any rural development plans contact Matt or one of the MKA Team at 02871311551 to discuss your options.