Introduction

The long awaited final version of PPS21 was published on 1st June 2010. This concluded the process to reform rural planning policy in Northern Ireland,which started over four years ago with the publication of draft PPS14 on 4th March 2006. Omagh District Council lodged judicial review proceedings against the initial policy, which led to the document being published by the Department of Environment rather than the Department for Regional Development. This document supersedes many of the rural policies within the Planning Strategy for Rural Northern Ireland (PSRNI) and has full weight in determining planning applications.

Policy Objectives

To encourage more sustainable patterns of rural development by managing development in the countryside:

• In a manner consistent with achieving the strategic objectives of the RDS: and
• In a manner which strikes a balance between the need to protect the countryside from unnecessary or inappropriate development, while supporting rural communities.  

Key changes between PSRNI and PPS21

Plan Designations

• The distinction between rural remainder, greenbelt and countryside policy areas has been removed – rural policy will apply consistently across all areas of Northern Ireland primarily restricting those areas which were previously rural remainder.

Residential

• New policy has been introduced to develop a dwelling within an existing cluster of four or more buildings;
• Provision is made for development of up to six houses at identified focal points within dispersed rural communities;
• Tests in relation to replacement dwellings, re-use of existing buildings, social domestic circumstances and those to meet the essential needs of a non agricultural business enterprise remain similar to before;
• Two houses rather than one can be developed within a small gap within an otherwise substantial and continually built up frontage (now defined as three or more dwellings with no development to the rear). Provision is also made for economic development proposals within these gaps;
• Policy is introduced to accommodate up to 14 units of social and affordable housing adjacent to or near a small settlement or within a designated dispersed rural community providing the application is made by a registered housing association. Generally this is linked to one group only in the particular settlement; and
• The key change is in relation to houses on farms. The farm vitality test is removed and provision made for a house on an active farm established in excess of six years subject to no dwellings or development opportunities having been sold off from the farm holding within ten years of the date of the application (start date of 25th November 2008 applies). The new building will normally be visually linked or sited to cluster with an established group of buildings on the farm and where practicable access to the dwelling should be obtained from an existing lane. A key opportunity is introduced through applying this policy to those involved in the keeping and breeding of horses.

Non Residential

• Farm or forestry diversification is facilitated where it is demonstrated that it will be run in conjunction with the agricultural operations on the farm subject to criteria;
• Policy allows appropriate economic development enterprises including tourist and community facilities to be accommodated within clusters;
• Agriculture and forestry development is permitted subject to criteria as is Tourism & Mineral development in accordance with policies in the PSRNI, open space and recreational uses in accordance with PPS8 and renewable energy in accordance with PPS18; and
• There is no change in relation to industry and business uses which are to be determined in accordance with PPS4.

Policies applicable to all new buildings

• Policy for integration and design of new buildings in the countryside advises the circumstances in which a new building will be unacceptable; and
• Rural character remains largely unchanged in that buildings are unacceptable where they would be unduly prominent, contribute to a suburban style build up when viewed with existing and approved buildings, do not respect the traditional settlement pattern or add to or create a ribbon. The impact of ancillary works which would damage rural character is now expressly included.

What can we do for you?

There are discreet changes in the published document since the draft version of November 2008. It is still possible to get permission for a new build rural dwelling but this is restricted primarily to those associated with agriculture, as an opportunity once in every ten years on each land holding, within a dispersed rural community or within a cluster of at least four buildings. At DPP we can advise you on the details of the policy and how it affects the development potential of land holdings in the rural area. We can use our considerable experience to assess opportunities for both residential and non residential development and guide your application through the increasing complex planning system.

For further information please contact:

Eamonn Loughrey
Partner
028 9026 8422
eamon.loughrey@dppllp.com

Carrie McDonagh
Associate Partner
028 9026 8426
carrie.mcdonagh@dppllp.com

Damien McLoughlin
Associate Partner
028 9026 8434
damien.mcloughlin@dppllp.com

The information contained in this Briefing Note does not constitute professional advice on any particular matter. While DPP has made every effort to ensure that the information published here is valid and factual for the purpose
of general information, no guarantee is given of its accuracy, completeness or currency, nor that it is fit for a particular purpose. For advice on a planning issue or problem, please contact a partner at DPP.