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  • Retail Development Refused Permission in Cork City

    An application to convert enterprise/light industrial units into an anchor store with smaller retail units has been refused planning permission by An Bord Pleanala who overturned their inspector’s recommendation to grant permission. The site is zoned business and technology and formed part of a large business park (Melbourne Business Park, Cork) where there had been a history of attempts to obtain retail use.

    The Cork City planners had originally lent their support to the scheme and supported a material contravention procedure.  However the elected members unanimously rejected the material contravention of the city development plan and thus the Council were obliged to refuse permission.  It is understood this is the first time there was ever a unanimous decision of this nature in the Council. The applicant appealed the decision to An Bord Pleanala who granted permission.

    Following a court case which An Bord Pleanala did not contest, the judge ruled that the decision be quashed and the Board had to again consider the application.  This time around, despite the inspector’s recommendation for a grant, the Bord ruled that the application should be refused on the basis that the proposal materially contravened the development plan zoning.  Critically in considering the application for the second time the Board noted that they were restricted by 37(2) (b) (ii) of the Planning and Development Act, 2000.

     

     

    Published on July 30, 2013 By:David Mulcahy · Filed under: Important An Bord Pleanala Decisions;
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