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  • Replacement of Mobile Home is Not Exempted Development

    Wexford County Council referred a question to An Bord Pleanala as to whether the replacement of a mobile home on site at Ballinoulart, Kilmuckridge, County Wexford is or is not development or is or is not exempted development.

    It appears that there has been a mobile home, in various positions, on the subject site over a long period of time (c.1959). The mobile home is intermittently used as a holiday home.

     The Council stated that it is clear that there has been a continuation of use on the site but as the current mobile home is in a different location to the previous mobile  home, they require a determination from the Bord.

     The owner submitted that the replacement of the mobile is not development; the new mobile is precisely the same type of structure (similar dimensions and appearance) and is used for the same purpose as the previous mobile. It is submitted that there has been no material change in use of any structures on the land.

    The ABP Inspector noted that the key issue was whether the replacement and or relocation of the mobile home within the site is or is not development. The use of the site (land) for a mobile home is established (pre 1964).

     An Bord Pleanála concluded that –

     (a) replacement of a mobile home involves the carrying out of works on land and, therefore, constitutes development, and

     (b) the said development does not come within the scope of section 4(1)(h) of the Planning and Development Act, 2000, because it relates to replacement and not to maintenance or improvement of a structure.

     Therefore An Bord Pleanála decided that the replacement of a mobile home on site at Ballinoulart, Kilmuckridge, County Wexford is development and is not exempted development.

    Published on March 30, 2012 By:David Mulcahy · Filed under: Exempted Development; Tagged as: ,
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