Agriculture Minister Edwin Poots has lobbied for a County Down agricultural supplier to be allowed to keep a cattle shed on his land - even though it was built without planning permission.
All but one of the former DUP leader’s party colleagues at Ards and North Down Council rejected his plea on behalf of his local agricultural supplier Mr George Burton, who wished to retain a farm shed at 121 Manse Road, Ballygowan, despite never having permission to erect it.
The Planning Committee at Ards and North Down Council, at its most recent meeting heard the application, as well as Mr Poots’ submission. Every elected member on the committee, except DUP party group leader Councillor Robert Adair, followed the recommendation of council planning officers and voted against the shed being granted permission.
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The site was the subject of a previous planning application for a new farm building, which was recommended by council officers for refusal in 2019, on the basis that it was contrary to policy concerning sustainable development in the countryside. The council said the applicant had not provided sufficient information to confirm the existing agricultural business was active and established for a minimum of six years, that the new building was essential for the holding, and that there were no other buildings that could not be used.
That application was then withdrawn. An agricultural building was then constructed at the site without permission - it is currently subject to enforcement proceedings by the council.
Council policy requires any applicant to prove there is an established and active business and holding, which has been there for a minimum of six years. The form submitted by the applicant in this case stated the farm business was established in June 2017. A category three business ID was allocated in April 2018, which covers keepers of less than five cattle or ten sheep.
The Department for Agriculture, Environment and Rural Affairs, which Edwin Poots heads as minister, is a statutory consultee for planning applications, and confirmed to the council the business had not been established for over six years, or that Mr Burton applied for single farm payments in the last six years. No farm maps were given to the council during the application.
Edwin Poots MLA told the council committee: “My interest in this is Mr Burton has had an agricultural supply business for many years within about five miles from our own property, something which we have used many times over the years. He has serviced the farming community for probably around 40 years, he has always wanted to farm himself, and had the opportunity to buy a bit of land in 2016.
“There was a delay on the acquisition of the land because it was in probate, so he didn’t actually take full possession until 2017. He spent a number of years actually tidying up that land, applying for the business ID, herd number etc. Like with many others, the problem with herd numbers is that you are asked to demonstrate that you have a cattle crush and somewhere to hold your animals in terms of covered space, which Mr Burton didn’t have.
“I make it very clear that it is not suitable to keep animals without having a shed or a roofed area for their welfare. It is something important to DAERA, that you can safely manage animals both through having a crush and a construction where if an animal is unwell, it can get out of the elements - whether that be during the hot sunshine or more likely heavy rainfall.”
Mr Poots said that a planning appeal commissioner had previously given permission for a similar application in 2014, before the Mr Burton had purchased cattle. The MLA said: “He had well-fenced suitable land, but he needed a building to ensure the wellbeing of the livestock so that he could obtain the farm herd number, which is essential to the keeping of livestock.
“Mr Burton now has the herd number and he was able to do that because he had a crush and a building to keep the animals in. There is something of a chicken and egg situation here - how do you have the farm business if you can’t keep the animals, and you can’t keep the animals if you haven’t got a shed. This was the conundrum that Mr Burton found himself in.”
A council planning officer told the committee: “It is considered the agricultural holding has not been established for more than six years and therefore does not meet this initial part of the policy test. Whilst acknowledging the particular circumstances of each application, the council’s planning department has sought to apply the planning policy in a consistent manner.”
She added: “An inconsistency of approach to the application of the six years, could open the council to potential challenge. The majority of cases brought before the committee have demonstrated that while the farm businesses have existed for six years, the holding had not been in possession for six years.
“This application before you has neither. The business has not been in existence for six years, and the six year test requiring proposals for farm buildings to be located on an active and established agricultural holding cannot be satisfied, and the proposal is considered to be contrary to planning policy.
“The applicant was acutely aware of the policy requirements given the submission of the 2018 application for a shed, which was then recommended for refusal and withdrawn. And the current shed, subject of the current application, was constructed in breach of planning controls.
“The approval of the proposed developments would have the potential to create a precedent for future applications that would undermine the policy. Compliance with planning policy is in the public interest and a matter of acknowledged importance.”
DUP Councillor Alistair Cathcart said: “He needs the shed for a herd number, but he can’t get planning permission for the shed until he gets the herd number? So it is a Catch 22.”
The council officer replied: “The planning policy is separate from other legislation from DAERA. But there are other options available there - renting of sheds can take place.” Councillor Cathcart said renting was “ridiculous.”
Alliance Councillor Gavin Walker proposed the committee accept the officer recommendation to refuse the application. He said: “I share the feeling of compassion for Mr Burton, insofar as he finds himself in a very difficult position.
“But we have no choice but to go along with the rules that are laid down fairly clearly in front of us. And unfortunately he does not fulfil the criteria as required.
“As hard as the people speaking on his behalf worked, they were not able to give us evidence to fulfil the evidence of that criteria.”
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