The Planning Appeals Commission (PAC) has dismissed an appeal against a decision to refuse planning permission for a metal container housing vending machines in Moygashel.
Mid Ulster District Council’s head of planning, Dr Chris Boomer drew the planning committee’s attention to the outcome of this appeal process during March’s meeting of the planning committee.
“The application for the metal container in Moygashel that we decided to refuse went to planning appeal,” said Dr Boomer.
“The appeal was dismissed outright so that container will need to be removed.”
The application for the retention of a 20ft x 8ft container to house a vending machine at 42 Main Road, Moygashel had been submitted to Mid Ulster District Council’s planning department for consideration.
A Council report on the matter notes the application had proposed amendments to its appearance and hours of operation. However, Council rejected the application as the development did not enhance the character of the area and “caused nuisance”.
This decision had a bearing on an enforcement case and the Council subsequently issued an enforcement notice.
The refusal was appealed by the applicant, Mr Bryan Turkington.
Having considered all the evidence, Commissioner Helen Fitzsimons was of the view the development did not have the permanence that would be expected and noted this “innovative” type of development would be better suited to a more commercialised area.
The commissioner also held the view the proposal did not comply with the Dungannon and South Tyrone Area Plan and concluded the development is not appropriate in this location and dismissed the appeal.
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