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  • A query came before An Bord Pleanala in as to whether the erection of a wind turbine at Kealfadda, Goleen, County Cork is or is not exempted development.

    The planning authority noted that while such development is normally exempt under the Planning Regulations the restrictions on exemptions under Article 9 de-exempted the development because it is visible from a scenic route designated in the County Development Plan.  They declared that the turbine was not exempted development.

    Article 9(1)(a)(vi) of the Regulations de-exempts development which would interfere with the character of a landscape, or a protected view in a development plan or even a draft development plan.

    The An Bord Pleanala Inspector noted that the site is not located in a designated ‘scenic landscape’ but is visible from a number scenic routes designated in the Cork County Development Plan.  The key issue however Read the rest of this entry »

    Published on October 31, 2012 By:David Mulcahy · Filed under: Exempted Development, Green Energy, Rural Planning; Tagged as: , ,
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  • Under the local government reform programme announced yesterday (16th September 2012) it is proposed to remove the power of councillors to direct council officials.  Under Section 140 of the Local Government Act councillors were empowered to direct officials in respect of planning functions.  This was not widely availed of but was common practice in certain counties.

    The reform programme will also see the abolition of town councils with councillors serving on county councils as representatives of ‘municipal districts’.  In other words councilors will only be elected at county level with the town councillor positions being removed altogether.

    Published on October 17, 2012 By:David Mulcahy · Filed under: Planning Legislation; Tagged as: , , ,
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  • An Bord Pleanala have upheld the decision of Meath County Council to grant permission for a facility to manufacture biofuels (wood and energy crops) and a combined heat and power plant at Balrath Demense in County Meath, approximately 3 kilometres south west of Kells.source: www.publicdomainpictures.net

    A similar application was only recently refused by the Board.  However, the Board’s direction stated that whilst permission was being refused because of the inadequacies of the county road serving the existing facility, the proposed facility might justify an exemption to the usual restrictions on providing new entrances onto national roads in light of national policy on the development of alternative energy resources. Read the rest of this entry »

    Published on October 17, 2012 By:David Mulcahy · Filed under: Green Energy, Important An Bord Pleanala Decisions, Rural Planning; Tagged as: , ,
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  • An Bord Pleanala has released its Annual Report for 2011.  The report includes a number of interesting insights about the planning appeal system and the overall Irish planning system itself.

    There has been a continuation in the downward trend in the intake of cases, particularly planning appeals, with only 2,110 cases in 2011.  This compares with 4,562 cases in 2002 and a high of 6,664 cases in 2007.

    Overall, the number of appeals received as a percentage of planning authority applications was roughly 1 in every 10 (7.7%). Dublin City Council (14.9%), Dun Laoghaire/Rathdown County Council (14.6%) and Cork City Council (12.4%) had the highest levels of decisions appealed. Areas with the highest rate of appealed decisions overturned by the Board were Leitrim County Council (75%), Wexford County Council (48.9%) and Laois County Council (43.5%).

    The rate of reversal of local planning authority decisions appealed showed a slight decrease with 31% of local authority decisions overturned in 2011 compared to 36% overturned in 2010.  Essentially however, the “1 in every 3” rule of thumb success rate remains valid in terms of an appeal against a local authority decision. Read the rest of this entry »

    Published on October 15, 2012 By:David Mulcahy · Filed under: Planning Reports; Tagged as: , ,
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  • Gannon Developments have lodged an application with Dublin City Council for an Islamic Mosque and associated development on a 6 acre site at Panhandle Park, Clongriffin, Dublin 13. 

    The development is significant in terms of its size and comprises a 3-storey domed mosque and cultural centre (5,573sqm); a 2-storey conference centre (2,849sqm); two schools (a 16-classroom primary school and a 12-classroom secondary school), a 2-storey fitness centre (1,392sqm) including a 25m indoor swimming pool and an apartment scheme. 

    The development is to be accessed from Main Street, Park Avenue and Marshfield Avenue Clongriffin via the internal road network and includes 192 surface car parking spaces, 221 bicycle parking spaces and landscaped gardens.

    The scheme has been designed by Conroy Crowe Kelly Architects.

    Published on October 11, 2012 By:David Mulcahy · Filed under: Significant Planning Applications; Tagged as: , , ,
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  • An Bord Pleanala were asked to decide whether the change of use of an industrial premises to a retail discount store at Roxboro Discount Store, Roxborough, County Roscommon is or is not development or is or is not exempted development.

    The building in question is 4 kilometres outside Roscommon town. The applicant argued that the building originally had permission for a spring water bottle plant and, over time, customers came to the plant to make purchases directly.   This retail element legitimized the current bulk retail use of the building.

    An Bord Pleanála agreed with their inspector that the said use is a material change of use as the use of the premises has changed from class 4, use as a light industrial building, to class 1, a shop.  It therefore constitutes development and is not exempted development.

    Published on October 4, 2012 By:David Mulcahy · Filed under: Exempted Development; Tagged as: , ,
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  • The following submission deadlines for local authority plans are due in October 2012:

    Cork City – Tramore Valley Masterplan (deadline 5th Oct 2012)

    Galway County – Proposed Amendment to the Bearna Local Area Plan 2007-2013 (deadline 11th Oct 2012)

    Fingal – Draft Dardistown Local Area Plan (deadline 17th Oct 2012)

    Dun Laogahaire Rathdown – Proposed Variation No. 9 of the County Development Plan, 2010-2016 (deadline 12th Oct 2012)

    Dun Laogahaire Rathdown – Proposed Variation No. 10 of the County Development Plan, 2010-2016 (deadline 19th Oct 2012)

    Dun Laogahaire Rathdown – Proposed Variation No. 11 of the County Development Plan, 2010-2016 (deadline 19th Oct 2012)

    Dun Laogahaire Rathdown – Cherrywood Strategic Zone Draft Planning Scheme (deadline 25th Oct 2012)

    No responsibility is taken for deadlines provided  - please double check council website to ensure date is correct.

    Published on October 4, 2012 By:David Mulcahy · Filed under: Planning Notices; Tagged as: , ,
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  • The Irish Planning Institute’s Autumn conference is entitled ‘Unlocking Town Centre Potential: New Developments in Retail Planning and Town Centre Management’.  The conference will take place on the 5th October 2012 in the Gibson Hotel, Point Village Dublin 1.  A range of speakers are booked for the event and it is open to non-members.

    The conference will focus on the impact of the recession on town centres and how this can be addressed.  

    Full details are available on the Irish Planning Institute’s website:www.irishplanninginstitute.ie

     

    Published on October 1, 2012 By:David Mulcahy · Filed under: Planning Conferences; Tagged as: , ,
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