| 21/12/2009 |
APPEAL ALLOWED FOR BIG BOX SELF-STORAGE
MKA were successful in the approval of Northern Ireland’s largest self storage facility, centrally located at the showground’s in Ballymena, Co. Antrim.
Objections on residential amenity and zoning were rejected by the Commission.
See PAC Decision - http://www.pacni.gov.uk/index/search-appeals/casedetails.htm?id=2008/A0117
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| 21/12/2009 |
APPEAL ALLOWED FOR RETENTION OF DOMESTIC HORSE MÉNAGE IN KELLS
The PAC has recently approved this ménage on Kilgad Road, Kells despite objections from the Planning Service and a former Member of the European Parliament and QC.
Objections on the basis of noise, visual impact and light pollution were rejected by the Commission.
See PAC Decision - http://www.pacni.gov.uk/index/search-appeals/casedetails.htm?id=2008/A0174
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| 21/12/2009 |
CLUED GRANTED AT 19 CRAWFORD SQUARE, DERRY FOR SOCIAL CLUB
MKA have successfully obtained a Certificate of Lawfulness of Existing Use/Development for a new social club for Derry City Football Club.
See DOE Ref. A/2009/0588 at Planning Applications online -
http://explorer.planningni.gov.uk/MVM/Online/PL/ApplicationSearch.aspx
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| 21/12/2009 |
CLUED FOR VEHICLE DISMANTLERS YARD AT MULLENAN ROAD, DERRY IN
MKA successfully obtained a CLUED for the dismantler’s yard which comprised of the following: -
1) Vehicle breaking/dismantling
2) Repairs, reassembling parts to vehicles
3) Storage and sale of vehicles and vehicle parts
4) Ancillary shed & portacabin used as workshop/ storage/ sales/ staff facilities
See DOE Ref. A/2009/0194 at Planning Applications online -
http://explorer.planningni.gov.uk/MVM/Online/PL/ApplicationSearch.aspx
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| 21/12/2009 |
APPEAL SUCCESS FOR RURAL DWELLING, KILHOYLE ROAD, DRUMSURN.
This planning application was submitted before the 4pm deadline on 16th March 2009, the date PPS14 was published.
The Department deemed the application invalid as no floorplans were submitted and assessed it under PPS14 instead of the Planning Strategy; they subsequently refused it.
MKA argued at appeal that floorplans were not necessary; the PAC agreed that internal layout was not required for neighbours/objectors viewing the application – the internal layout of a home can be changed without planning permission.
See PAC Decision - http://www.pacni.gov.uk/index/search-appeals/casedetails.htm?id=2006/A2415
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| 21/12/2009 |
APPEAL SUCCESS FOR RETENTION OF 2 HMO’S & EXTENSIONS AT ARGYLE STREET, DERRY
Objections regarding impact on residential amenity and overdevelopment of a restrictive site were rejected by the Commission
The PAC deemed that in the absence of any evidence relating to policies dealing with the preferred location and level of provision of HMO’s in the DAP, or the number of planning permissions granted by the Department for changes of use to HMO’s in the area, that it was not satisfactory for the Department to simply come to a seemingly arbitrary conclusion that a threshold in the provision of such establishments has now been reached beyond which no further approvals should be granted.
See PAC Decisions - http://www.pacni.gov.uk/index/search-appeals/searchresults.htm?txtAppealRef=&txtDeptRef=&txtFirstname=&txtSurname=&txtDevelopment=&txtLocation=argyle+street&selAppealType=&txtDayFromDate=&txtMonthFromDate=&txtYearFromDate=&txtDayToDate=&txtMonthToDate=&txt
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| 03/03/2009 |
HOUSING APPROVED ON BLIGH'S LANE INDUSTRIAL SITE
MKA Planning has got permission today for residential development on the former United Technologies Car plant at Bligh's Lane in Derry.
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| 19/11/2008 |
REPLACEMENT OF MOBILE HOMES BY DETACHED DWELLING ON RATHLIN ISLAND.
The Planning Appeals Commission (PAC) has granted full planning permission for the removal of 2 existing mobile homes and replacement with a detached dwelling within a Countryside Policy Area on Rathlin Island.
This Practise was able to demonstrate to the PAC that the mobile homes were permanent features on the landscape that were visually discordant from the existing buildings and detrimental to the character of the island.
The PAC agreed that the replacement of the mobile home with the erection of a new dwelling would result in a planning and environmental gain for the Island.
This decision has now set a precedent for other similar proposals with the North Coast area and anyone with any queries should contact the Practice to discuss.
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| 01/11/2008 |
OPENING HOURS RESTRICTION REMOVED FROM CHIP SHOP /HOT FOOD TAKEAWAY.
The Planning Appeals Commission have today determined that a restriction on the opening hours of a hot food takeaway at Catherine Street, Limavady was unnecessary imposed by the Planning Service.
Planning permission was originally approved in February 2006 for the change of use from dwelling to chip shop / hot food takeaway with a restriction on opening hours. The Commission determined that the premises were located within the town centre boundary were a late night economy exists and the removal of the planning condition will allow the business to compete on a level playing field with similar businesses within the town centre.
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| 25/09/2008 |
CHANGE FROM FURNITURE RETAIL STORE TO FOOD CONVENIENCE STORE FOR ICELAND AT BUNCRANA ROAD, DERRY.
MKA Planning has obtained planning permission for an Iceland store at Inhouse Furniture Centre, Buncrana Road, Derry.
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| 25/09/2008 |
RESIDENTIAL DEVELOPMENT AT STRABANE OLD ROAD, DERRY.
MKA Planning has obtained planning permission for 6 No. dwellings at No. 101 Strabane Old Road, Derry on behalf of Mr Kevin Watson. An earlier appeal for 4 No. dwellings has now been withdrawn.
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| 25/09/2008 |
COU FROM RESIDENTIAL DWELLING TO RETAIL AND OFFICE AT MAIN STREET, DUNGIVEN.
MKA Planning has just obtained planning permission for change of use from residential dwelling to ground floor retail unit and first and second floor offices at No. 116 Main Street, Dungiven for Mr F. Kelly
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| 11/09/2008 |
REPLACEMENT DWELLING APPROVED AT NO. 142 CUMBER ROAD, CLAUDY
MKA Planning has just obtained permission for a replacement dwelling at No. 142 Cumber Road, Claudy for Mr Robert McClelland.
This permission is the end of a 13 year planning struggle by the Applicant.
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| 09/09/2008 |
APPEAL ALLOWED AT LISDILLON ROAD, DERRY.
MKA Planning has just won a planning appeal for a traditional rural cottage at lands approx. 340m south west of no. 20 Lisdillon Road, Lisdillon, Derry for Mr Tommy O’Neill.
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| 09/09/2008 |
REPLACEMENT DWELLING APPROVED AT OMERBANE ROAD, CLOUGHMILLS.
MKA Planning has just obtained permission for a replacement dwelling at No. 31 Omerbane Road, Cloughmills, Co. Antrim on behalf of Mr Adrian Shaw.
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| 08/09/2008 |
DWELLING APPROVED WITHIN QUARRY CORDON SANITAIRE.
MKA Planning has just won a planning appeal for a dwelling within the cordon sanitaire of a hard rock quarry at lands between No.’s 34 & 36 Rocktown Road, Magherafelt on behalf of Miss Josie Kelly.
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| 05/09/2008 |
APPEAL ALLOWED AT BARANAILT ROAD, LIMAVADY.
MKA Planning has just won a planning appeal for a single dwelling with detached garage/store at lands west of No. 214 Baranailt Road, Limavady for Mr Kevin Brady.
The Commission concluded that it was ribbon development but that the previous planning history of the appeal site was a determining factor.
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| 28/08/2008 |
RESIDENTIAL DEVELOPMENT APPROVED AT STATION ROAD, MAGHERA.
MKA Planning has obtained planning permission for a Residential development on lands adjacent Mid Ulster Garden Centre, Station Road, Maghera for Mr Jim Bradley.
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| 27/08/2008 |
50 BEDROOM HOTEL & 24 HOLIDAY CHALETS APPROVED AT BALLYCASTLE.
MKA Planning has just obtained reserved matters approval for a hotel and holiday chalets at Drumawillan, Ballycastle for Mr D. McHenry.
The approval of the reserved matters for the access and visibility splays ensures that the unrestricted outline permission will not now expire.
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| 20/08/2008 |
APARTMENTS APPROVED AT CRAWFORD SQUARE, DERRY.
MKA Planning has just obtained planning permission for alterations and conversion of 2 no. existing dwellings to provide 14 no. apartments at No.’s 20 & 21 Crawford Square, Derry for Mr Declan Harley.
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| 18/08/2008 |
APPEAL FOR DWELLING AND GARAGE ALLOWED AT CROCKMORE ROAD, CARNANREAGH.
MKA Planning has won a planning appeal for a single dwelling and garage at lands 180m south of Crockmore/Carnanreagh Junction along Crockmore Road, Carnanreagh for Mr Harry Donaghy.
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| 13/08/2008 |
REPLACEMENT DWELLING APPROVED AT NO. 120 MULDONAGH ROAD, CLAUDY.
MKA Planning has obtained permission for a 2 storey replacement dwelling at No. 120 Muldonagh Road, Claudy, Co. Derry for Ms Kathleen McGonigle.
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| 11/08/2008 |
APPEAL ALLOWED AT LIME ROAD, LIMAVADY.
MKA Planning has won a planning appeal for a single dwelling with detached domestic garage/store at Lime Road, Limavady (150M east of No. 54 Dunlade Road) on behalf of Mr James Mullan.
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| 11/08/2008 |
APPEAL ALLOWED AT DRUMADUFF ROAD/GORTNACROSS ROAD, LIMAVADY.
MKA Planning has won a planning appeal for a single dwelling with detached domestic garage at Drumaduff Road/Gortnacross Road, Drumsurn Lower, Limavady (200 metres northwest of no. 103 Gortnacross Road) for Mr Thomas McReynolds.
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| 06/08/2008 |
OFF-SITE REPLACEMENT DWELLING APPROVED ON GULF ROAD, CLAUDY
MKA Planning has obtained planning permission for an off-site replacement dwelling at lands approximately 265m North East of No. 57 Gulf Road, Claudy on behalf Mr & Mrs Devlin.
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| 29/07/2008 |
COU FROM REDUNDANT AGRICULTURAL BUILDING TO AGRICULTURAL MACHINERY WORKSHOP APPROVED AT BIRCH ROAD, DERRY.
MKA Planning has just obtained planning permission for change of use from a redundant agricultural building to agricultural machinery workshop and store at lands adjoining No. 10 Birch Road, Cross, Derry on behalf of Mr Ian Leinster.
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| 23/06/2008 |
OFFICES APPROVED IN COUNTRYSIDE
MKA Planning have been advised that their application for offices for PSV at Killycanavan Road, Ardboe in the rural area is to be approved by Planning Service. It is unusual for offices to be approved in the countryside.
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| 30/05/2008 |
PREMATURITY APPEAL SUCCESS
MKA have today obtained permission at appeal for a 11/storey dwelling at Drumagullon Road, Eglinton. The Department's objections on the grounds of prematurity were overruled by the Commission and full permission was granted for the house.
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| 19/05/2008 |
ACCESS ONTO PROTECTED ROUTE RETAINED
MKA has obtained a certificate of lawfulness of development for an existing access onto a protected route at 1 Railway Court, Dungiven.
The Certificate was granted on the basis that the access was completed more than 4 years ago and was now immune from enforcement.
With Planning Service now serving significantly more enforcement notices it is vital that the public be aware that they can gain immunity from enforcement by submission of Certificates for lawful use if a building has been erected more than 4 years or if a use has been in continuous operation for more than 10 years.
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| 02/05/2008 |
PERMISSION GRANTED FOR REPLACEMENT OF CHICKEN SHEDS WITH COMMERCIAL STORES.
MKA has obtained permission for replacement of 3 no. chicken sheds with commercial storage and distribution sheds at No. 22 Bog Road, Ballymena.
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| 16/04/2008 |
2 APPEALS WON.
2 appeals allowed for sites at Brockagh Road, Garvagh and Deerpark Road, Newtownstewart.
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| 16/04/2008 |
FLOODPLAIN SUCCESS.
MKA Planning have today obtained permission for 2 no. dwellings in the floodplain at Carnalea Road, Fintona.
This application was carefully formulated to overcome floodplain objections and has now been successful.
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| 14/04/2008 |
APPEAL SUCCESS
Appeal for site approved at Bolea Road, Limavady. Prematurity and access issues overruled by Commission.
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| 08/04/2008 |
GREEN BELT EXTENSION APPROVED.
MKA has today won a planning appeal for a first floor extension to a bungalow at Hall's Lane, Ardmore in the Derry Green Belt.
The Commissioner considered that the limited views, limited increase in the ridge level and the personal circumstances justified permission.
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| 08/04/2008 |
MKA GET PERMISSION FOR REDEVELOPMENT OF JP CORRY'S IN BALLYMENA GREEN BELT
MKA Planning has obtained permission for redevelopment of JP Corry's builder's yard at Crankhill Road in the Ballymena Green Belt. The permission has added significant value to the site as it involved an increase in the site area by nearly 100 per cent and a 50 per cent increase in the buildings on site which is normally not permissible under PPS 4 in green belt areas.
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| 01/04/2008 |
MKA WIN APPEAL FOR RETROSPECTIVE RETENTION OF FIRST FLOOR EXTENSION TO DWELLING IN DERRY GREEN BELT.
MKA Planning has won an appeal for retention of a first floor extension to an existing dwelling at Hall's Lane, Ardmore in the Derry Green Belt. The Commission accepted that the limited visibility of the proposal and the personal circumstances justified approval despite its green belt location and its increased ridge height.
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| 23/03/2008 |
FIRST BREACH OF DRAFT NAP COASTAL APARTMENT POLICY AREAS.
MKA have won an appeal for 4 apartments at Strand Road, Portstewart outside the apartment zone designated in the Draft NAP 2016. This is the first appeal allowed that has breached the apartment zone and overcome the Department's objections on the grounds of prematurity.
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| 23/03/2008 |
PAC STATISTICS - MKA PLANNING FIGHT AND WIN MORE PLANNING APPEALS IN NI THAN ANY OTHER PLANNING PRACTICE.
Analysis of Commission statistics over the last ten years clearly indicates that MKA Planning has consistently fought and won more planning appeals than any other planning practice in NI.
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| 23/03/2008 |
MKA WIN 3 APPEALS FOR SITES AT KILLYMALLAGHT RD, DONEMENA.
MKA Planning have won 3 no. planning appeals for single sites in the countryside at Killymallaght Road, Donemana. The Commission accepted that the sites would visually integrate and would not adversely affect the area's rural character.
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