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A question came before An Board Pleanála as to whether the occasional, infrequent and informal use of part of an equestrian centre as a dining area ancillary to a principal equestrian use, is or is not development or is or is not exempted development.

The subject case relates to a 20 year old indoor portal framed arena which is part of wider complex of buildings and equestrian facilities in a rural area on the outskirts of Mullingar town. The original planning permission did not include any kitchen or dining facility. The referring party stated that the purposes of dining facilities were for patrons of the equestrian facility during occasional events.

The planning authority considered that a material change of use is involved referring to lack of provision for such a use in the planning permission, the use is advertised on the website for the centre and the intensity of the use during event and summer camps.

The An Board Pleanala Inspector noted that while it is clear that a restaurant use is a separate class of use to an equestrian facility there is scope to consider the development within the totality of the use of the site i.e. the character of the use of land is determined by its primary use and not by parts of its use. The key issue for the Inspector was determining the material nature of the change of use. The capacity of the site to absorb the development was assessed therefore having regard to potential injury of amenity, traffic safety and public health.

The Inspector formed the view that Read the rest of this entry »