Council enforcement case into planning committee member running farm shop without permission

Farmgate in Kircubbin is owned by DUP councillor David Kerr

There is an ongoing planning enforcement case into a North Down councillor who has been running a farm shop from a wooden cabin without permission.

Ards and North Down Borough Council have said there is a live investigation into Farmgate farm shop in Kircubbin that is run by local councillor David Kerr, a current member of the planning committee, on Inishargy Road which has been operating without planning permission for a number of years.

The business was served a warning letter by the council in March, 2022, with the owner submitting a retrospective planning application for the site in September 2023. There has yet to be a decision made on the site two years later.

READ MORE: Outrage in NI rural community after council forces popular coffee hut to closeREAD MORE: Council issues statement after coffee hut forced to close over planning dispute

It comes as Ards and North Down Borough Council has told a nearby business in the area, The Lane coffee hut, that it would have to stop operating after it lost a planning commission appeal. The council had also told the popular coffee hut that it had been operating without planning permission.

Some of the issues raised by the council included that it was not in keeping with the rural setting it was in, could impact road safety and cause flooding. There were also issues raised regarding the venue hosting a number of community events such as a family fun day.

Councillor David Kerr has been a supporter of The Lane coffee hut and has said that he is keen to help the business resolve the issues that it is going through with the council.

An Ards and North Down Borough Council spokesperson said: “The Council opened an enforcement case LA06/2022/0087/CA at 60m south-east of 26 Inishargy Road, Kircubbin, Newtownards, BT22 2RG for ‘Alleged unauthorised creation of hardstanding, Erection of building in association with U/A market -“farmgate” and alleged use of field for parking of cars’ on the 18 March 2022 and issued a warning letter to the owner.

“In line the Council’s Enforcement Strategy the owner exercised their right to submit a retrospective planning application on a without prejudice basis.

“Planning Application LA06/2023/2221/F was submitted on 20 September 2023 for ‘Farm market including 1no.container and lean-to building, 1no. portacabin, hard-standing, parking area and access (Retrospective)’ and this application is currently under consideration. The application has been submitted in conjunction with the applicants active and established farm business.

“The enforcement case is a current live investigation and which is linked to the planning application LA06/2023/2221/F. This is normal practice and procedure when an individual/business attempts to regularise a breach of planning control, on a without prejudice basis.”

When contacted regarding the planning application, councillor Kerr said that it would be inappropriate to comment as it is a live application.

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