Magherafelt planning applicant is told a Portakabin is not classed as a dwelling

The planning application had been lodged by Christopher Cassidy, from the Aughrim Road in Magherafelt, after being turned down several times previously.

Mid Ulster District Council town planner, Karla McKinless told members of Mid Ulster District Council’s planning committee: “It is considered that a Portakabin cannot be taken as a building for the purposes of being part of a built-up road frontage, nor can the detached garage associated with number 35, Moss Road, due to its setback position.

“This was also the view taken by the Planning Appeals Commission (PAC).

“The applicant has submitted a supporting statement in which he refers to several planning approvals by the council, in which temporary structures and setback garages have been accepted.

“While previous decisions have accepted temporary and similar structures, there are other examples of cases where such applications have been recommended for refusal due to their temporary nature, small scale and visibility with other buildings.

“The Portakabin in question has such a low-key presence in this landscape that it cannot be regarded as contributing towards a substantial and built-up frontage to meet the test of the policy.

“On April 4, 2023, it was agreed to refuse an infill dwelling to the immediate south of this application site.

“Members agreed at that time that there was no substantial and built-up road frontage at this location, as well as the fact that the site was set back off the road.

“It is acknowledged that rural character in this area may have already suffered from a high level of existing development, but this does not justify a further erosion of rural character, and this was also the view taken by the PAC in two appeal decisions.

“It is recommended that members refuse this application.”

Planning manager, Dr Chris Bloomer was also of the view that a temporary structure, such as a Portakabin, is not a dwelling: “I have some sympathy for Chris here, but we keep playing this game.

“How many planning applications and enforcement notices and all the rest in relation to this site has occurred? And each time it ends up being the same.

“The Planning Appeals Commission has now given us several decisions on this site, all of which have gone against Chris.

“He’s now claiming it’s infill on the basis of the Portakabin. A Portakabin is not a building, it’s like a caravan or a sheep shelter.

“We don’t believe it’s a building. We believe it will change the rural character because the Planning Appeals Commission has told us that.

“I do believe that if [committee members] would move to approve this application, you would bring the council under disrepute for two key reasons.

“The first is the history of endless appeals, and the second is in relation to the fact that we have refused an application already very recently along this stretch of road.

“My advice to him would be to wait up. The plan is at a critical stage of its development and the situation could change as as a result.”

The applicant wanted to speak at that stage, however, as per committee minutes, he was deemed to have spoken previously, bearing in mind that applicants can only address the committee once.

Dr Bloomer continued: “Let us literally defer this planning application for one month whilst we get agreement between both parties through the exchange of records of the minutes.”

That recommendation to defer the matter was proposed by chair of committee, Councillor Seán McPeake (Sinn Féin, Moyola DEA), and seconded by committee vice-chair, Councillor Kyle Black (DUP, Carntogher DEA).

The deferred consideration report states: “The proposal is relying on a dwelling and garage at number 35, Moss Road, and a PortaKabin in the NW portion of the site as being part of a substantial and built-up road frontage.

“It was initially determined that the Portakabin could not be considered a ‘building’ for the purposes of being part of a built-up road frontage, nor could the detached garage associated with number 35 Moss Road.”