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  • Loading Bay deemed to be exempt from Planning Permission

    A question came before An Bord Pleanala as to whether the creation of a loading bay with roller shutter to side of an industrial/warehouse premises at Chadwicks, Greencastle Parade, Malahide Road, Coolock, Dublin is or is not development or is or is not exempted development.

    Dublin City Council issued a declaration in July 2013 stating that the said matter is development and is not exempted development. This was based on the view that the doorway aperture was quite significant in terms of scale and in proportion relative to the elevation and the overall building.

    The referrer argued to the Board that the change is not so radical or significant that it would materially affect the external appearance of the structure or neighbouring structures. However the An Bord Pleanala Inspector agreed with Dublin City Councils view.

    An Bord Pleanála sided with the referrer. They agreed the loading bay was development, but concluded that it does not alter the external appearance of the structure so as to render its appearance inconsistent with the character of the structure or of neighbouring structures and is, therefore, in accordance with the provisions of section 4 (1)(h) of the Planning Act. Therefore it was deemed to be exempted development.

    This decision shows how subjective the planning system can be in terms of section 5 applications with different planning experts holding opposing views on the same matter. The Council and the Inspector consider the development not be exempt whilst the referrer and the Board consider it to be exempt. Ultimately however it is the Board’s opinion that counts.

    Published on December 11, 2013 By:David Mulcahy · Filed under: Exempted Development; Tagged as: , ,
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