Planners criticised for crack down on factory

Planners criticised for crack down on factory

26 September 2012

ONE of Downpatrick’s largest employers has criticised the Planning Service after it ordered him to stop development work at his factory.

Denis Lynn, the managing director of the Finnebrogue meat processing plant, is considering legal action after planners also directed him to tear down a new building which was completed just two weeks ago.

Mr. Lynn, whose business employs 111 people and has an annual turnover in excess of £15m, replaced a warehouse and freezer unit but did not have planning permission for the work.

He accepts the construction of the building was carried out at his own risk, but confirmed due process will be followed via an application for retrospective planning permission.

Mr. Lynn also plans to appeal the Planning Service directive to tear down the building and has accused planners of “significantly over-reacting.” He has also criticised the length of time it takes to process planning applications for food processing businesses in Northern Ireland compared to other parts of the UK.

Planners visited the Finnebrogue business last Wednesday to order Mr. Lynn to stop development work, with a spokesman for the Planning Service confirming there are several other buildings at the factory which do not have planning permission. He said the Department of Environment is currently processing a retrospective application in relation to these buildings.

But the Downpatrick businessman said under Planning Service guidelines, the order to stop development work is only appropriate where “unauthorised development is causing serious harm to public amenity.”

He said in his case, there is “manifestly no threat of serious harm to public amenity” and that when the order to stop work was issued, the building had already been constructed.

“The notice to stop work was pointless, inappropriate and not legally sound and seems to have been motivated by a desire to make an example of Finnebrogue,” declared Mr. Lynn.

“Finnebrogue have not broken the law. There is provision within the Planning Order to obtain retrospective permission, essentially to cover the eventuality where commercial contracts won’t wait on planning.”

Mr. Lynn said planning law in Northern Ireland changed last Wednesday so that growing businesses that contribute to the economy can continue to grow and extend between 10 and 25 per cent, without planning permission.

He added: “The law was changed because the Planning Service was incapable of reasonable response times which put growing businesses, mainly in the food sector, under tremendous pressure to service their customers. I welcome this change in the law.”

The Minister responsible for the Planning Service, Mr. Alex Attwood, said he wants to ensure planning measures up to the needs of sustainable development. He said if it does, planning permissions will issue.

“Business must also measure up to planning and environmental needs. But business cannot do what it wants, when it wants. The underside of good planning is robust enforcement,” he said.

“If applicants stay on the right side of best practice and good law, enforcement does not arise. But planning or I cannot ignore what is happening and let things carry on regardless. That is why enforcement/stop notices issued.”

South Down MLA Jim Wells described the order to stop development work at the Downpatrick factory as “highly unusual,” but said it clearly indicates that the Planning Service is taking the recent breach of its regulations very seriously.

Mr. Wells added: “A large structure was built adjacent to the Finnebrogue factory two weeks ago without planning permission and half of the existing abattoir complex has also been developed without approval.

“The area planning office could not stand by and allow the planning legislation to be ignored in such a blatant way. I and local residents totally support its decision to take strong action in this case.”