Portinode Environment Limited's Application and in the matter of a decision of Fermanagh and Omagh District Council
| Jurisdiction | Northern Ireland |
| Judge | Scoffield J |
| Neutral Citation | [2022] NIQB 36 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 24 May 2022 |
1
Neutral Citation No: [2022] NIQB 36
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: SCO11855
ICOS No: 19/059411/01
Delivered: 24/05/2022
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
QUEEN’S BENCH DIVISION
(JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION BY PORTINODE ENVIRONMENTAL
LIMITED FOR JUDICIAL REVIEW
AND IN THE MATTER OF A DECISION OF
FERMANAGH AND OMAGH DISTRICT COUNCIL
___________
Mr Conan Fegan (instructed by Phoenix Law, Solicitors) for the applicant
Mr Philip McAteer (instructed by Derry City & Strabane District Council Legal Services
Department) for the respondent
The notice parties (Ian and Hilary Robinson) filed evidence but were not represented at
the hearing
___________
SCOFFIELD J
Introduction
[1] This is an application for judicial review in which the applicant challenges the
grant of planning permission by Fermanagh and Omagh District Council (“the
Council”) for the construction of six self-catering holiday cottages in a rural location
beside Lough Erne. I granted leave on limited grounds against an unusual
procedural backdrop: see [2021] NIQB 31.
[2] I am grateful to Mr Fegan who appeared for the applicant, and to Mr McAteer
who appeared for the respondent, for their helpful written and oral submissions.
Factual background
[3] The applicant challenges the grant of planning permission (reference
LA10/2018/0832/F) by the Council on 21 March 2019, whereby it authorised the
construction of six self-catering holiday cottages, including alterations to existing
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vehicular access at the junction of the public road, on land immediately surrounding
665 Boa Island Road, Portinode, Kesh.
[4] The planning application was made on 28 June 2018. The planning applicants
(who are notice parties in these proceedings) are Hilary and Ian Robinson; but the
application was managed for them by a planning agent. It was considered and
approved at the Council’s Planning Committee meeting on 20 March 2019; and the
formal planning permission was issued the following day. The application had
previously been included on a list of recommendations to approve in February 2019
but had been ‘called in’ for determination by the committee.
[5] In advance of the meeting and in the usual way, the Council’s professional
planning officers compiled a report on the application (“the officers’ report”), which
was considered in some detail at the hearing of this application for judicial review.
Their recommendation was to approve the application. The summary of the
proposal contained in the officers’ report was as follows:
“The proposal is for 6 holiday chalets located in the
countryside. The development adjoins an existing tourism
chalet development of 10 units to the east and a guest
house to the west.
PPS 16 permits one or more new self-catering units within
the grounds of an existing or approved hotel, self-catering
complex, guest house or holiday park. Whilst the current
proposal is not within the grounds of the existing tourism
development, it shares a common boundary and adjoins
an existing tourism chalet development of 10 units to the
east and a guest house to the west. It will also share the
same access as the existing tourism units and it will
appear visually as a natural extension to it, subsidiary in
scale and ancillary to it. On this basis, the principle of the
proposal is acceptable, and it complies with the aims,
objectives and general thrust of PPS 16 and PPS 21.
The proposals will integrate well on site due to a
combination of the landform and surrounding vegetation
within and beyond the site. The design and scale of the
units are modest and cottage like in appearance and with
its clachan style cluster. The design, scale and layout will
also deter permanent residential accommodation and is in
keeping with and reflective of, the nearby existing 10
chalet development. The emphasis is on informality with
a minimum of structured layout and parking provision.
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