PAC overturns council’s refusal for Ballyclare retail scheme at former Royal British Legion

Design image for the proposed new retail units in Ballyclare, County Antrim.

The Planning Appeals Commission has upheld an appeal against Antrim and Newtownabbey Borough Council which refused permission for change of use of the former Royal British Legion building in Avondale Drive in Ballyclare.

The PAC has since granted full planning permission subject to conditions following representations and a Commissioner’s site visit on March 26.

The proposal is for change of use of the former social club premises to three retail units to include internal and external alterations.

A report by the PAC said:

“The main issue in this appeal is whether a suitable site exists within Ballyclare town centre. The appeal site is located at the junction of Avondale Drive and Harrier Way in Ballyclare.

“At my site visit, it was apparent that the proposed external alterations including enlargement of window openings had already been undertaken and internal works were in progress. It is proposed to divide the building into three separate retail units ranging from 38 sq.m to 68 sq.m of retail floorspace.

“In the 2004 version of the  draft Belfast Metropolitan Area Plan,  the site lies just outside the proposed town centre boundary. It also falls within a proposed Area of Townscape Character.

“The appellants (Aaron and Karen Newell) state that the proposed change of use to retail only involves 212 sq.m gross sales area and therefore is a small retail proposal which would be expected to have a small catchment area which can reasonably be considered to comprise Ballyclare town.

“There is no designated primary retail core in Ballyclare. The parties agree that the appeal site is “edge of centre”. Therefore, it is necessary to establish whether an alternative sequentially preferable site exists within Ballyclare town centre.

“The council stated that in its most recent town centre analysis carried out in July 2024, there were at least 10 to 15 vacant units in the town centre, a vacancy rate of approximately 13%.

“The appellants have undertaken what they describe as ‘a very thorough search for alternative premises’ in the town centre and theyprovide reasons why 19 other premises are considered unsuitable.

“The council was not satisfied with the information provided and its sole reason for refusal states that it has not been demonstrated that a suitable site does not exist within the town centre or other retailing area.

“The parties dispute what constitutes a ‘suitable’ site. The council has provided no persuasive evidence that an assessment of suitable sites should not be restricted to those that are suitable for the development proposed by the appellants.

“I consider that alternative sites should only be judged suitable for the development if they could accommodate development of a similar scale to theproposal. I consider that the council has erred in failing to adopt this approach to alternative sites. I am satisfied that their search was sufficiently thorough.

“The appellants considered development opportunity sites identified in dBMAP (draft Belfast Metropolitan Area Plan), evaluated 19 other potential premises in the town centre, contacted ten estate agencies to enquire about available premises and delivered letters to vacant premises expressing interest in them.  No town centre sites were identified by the estate agents.

“Many of the properties assessed were vacant and suffering from dereliction. The appellants considered that some were beyond reasonable repair and required complete redevelopment. The appellants stated that they made an offer for one property at 65 Main Street in 2022 but were outbid.

“Regardless of whether any of the properties are actually available for sale or rent, most of them are much smaller than the appellants’ proposal and are not therefore suitable for the development proposed.

“The appeal site sits right on the edge of the town centre, with the whole of Harrier Way within the boundary. This means that if the appeal was allowed and the change of use granted, potential shoppers could park within the town centre at the Harrier Way public car park, walk along Harrier Way, still within the town centre, and only leave the town centre as they stepped through the door of the new retail units.

“In light of this and the building’s former use as a social club, the proposed retail units would not appear out of place in this edge of centre location, nor would they set a precedent for retail development at greater distance from the town centre boundary.

“As the appeal building is visually and physically linked to the town centre (being accessed from it), the proposal has the potential to attract footfall to other businesses within the town centre, positively impacting upon its vitality and viability.

“As it has been demonstrated that a suitable site for the development does not exist within Ballyclare town centre, I consider the appeal site, which is immediately adjacent to the town centre, to satisfy the sequential test and be acceptable in principle for the retail proposal. The council has not sustained its sole reason for refusal.”