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  • The Committee of Tralee Farmers’ Market referred a declaration from Tralee Town Council for review by An Bord Pleanála concerning the establishment of a farmers’ market at Manor West Retail Park in Tralee.  The Council had declared that the farmers market was not exempted development.

     The Board ruled that a farmers market which involves the sale of goods is a change of use and is development. 

    It further concluded that the establishment of a farmers’ market would generally come within the scope of exempted development as defined in Class 37 of Part 1 of Schedule 2 to the Planning and Development Regulations 2001, but exceeds the conditions and limitations of same, being held on more than 30 days a year, and would materially contravene a condition under a previous planning permission which prohibited awnings and galleries and display/storage of goods outside the premises.  The farmers market was therefore not deemed exempted development.

    Link to case on An Bord Pleanala Website

    Published on January 30, 2012 By:David Mulcahy · Filed under: Exempted Development, Important An Bord Pleanala Decisions, Rural Planning; Tagged as: , , , ,
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  • Planning and Development (Amendment) (No. 2) Regulations 2011

    These Regulations came into effect on 8th September, 2011 and deal mainly with the ECJ judgement which necessitated a reduction in the thresholds for mandatory EISs and for EIS screening for certain categories of agriculture-related projects. Specifically the Regulations:

    • Reduce the exempted development threshold for the drainage of wetlands from 20ha to 0.1ha;
    • Reduce the threshold for mandatory EIA of drainage and/or reclamation of wetlands from 20ha to 2ha; and
    • Exempt other land reclamation activities from the planning permission.

    The Regulations also introduced other amendments to the exempted development provisions as follows:

    •        To limit the provision of a hard surface in front/side garden to less than 25m2 or less than 50% of the front garden/side garden, whichever is the smaller. If larger than these thresholds, then it shall be constructed using permeable materials to allow rainwater to soak to the ground;
    •        To allow a single portable (e.g. “pay to use”) waste disposal compactor, where it is located within the curtilage of a business premises, shall not exceed 10m3, or within 50m of the curtilage of any house except where consent from the owner is given in writing; Read the rest of this entry »

    Published on November 25, 2011 By:David Mulcahy · Filed under: Planning Legislation, Rural Planning; Tagged as:
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  • The Minister signed the Planning and Development (Amendment) Act 2010 (Commencement) (No.3) (Order 2011) on the 16th November 2011. This Order commences sections 74 and 75 of the Planning and Development Act (Amendment) Act 2010 which amends section 261, and insert a new section 261A, into the Planning and Development Act 2000. 

    This new legislation arises from the Derrybrien windfarm case where in 2008, the European Court of Justice ruled that Ireland was in breach of EU law in permitting retention permission for projects accompanied by an Environmental Impact Assessment. Following the ruling, the Minister issued a Circular which advised that retention permission for developments requiring EIA should not be granted after 3rd July 2008. 

    The “Substitute Consent” procedure in the 2010 Act seeks to provide a mechanism whereby the position in respect of EIA development can be regularized – however leave to apply for consent from An Bord Pleanala is only allowed in exceptional circumstances (i.e. a planning permission found defective by a court).

    In the specific case of quarries there will be a sunset period whereby quarry owners will be given a last opportunity to regularize any unauthorized works without having to meet the exceptional circumstances test.  The Act also seeks to require that such works are regularized under s.74 and s.75 of the Act. Read the rest of this entry »

    Published on November 21, 2011 By:David Mulcahy · Filed under: Planning Legislation, Rural Planning; Tagged as: , , ,
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