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  • In a recent referral case in Waterford, An Bord Pleanala has ruled, by a majority of 4 to 2, that a change of use from a permitted betting office which was never used for such use, to a hairdresser shop, is exempt from planning permission.  The general understanding heretofore was that only when a planning permission was fully implemented, could exempted development then be availed of.  Therefore this decision could well become a landmark case.

    The case relates to a building on Cork Road, Waterford where permission was granted, inter alia, for a fast food take-away and a betting office at ground floor level.  The take-away use was implemented but the betting office unit remained empty.

    Waterford City Council issued a declaration in March 2013 which concluded that the use as a hairdresser shop is development and is exempt development.   The development is considered exempt under Class 14(d) Part 1, Schedule 2 of the Regulations – which exempts a change of use from use from a betting office to a shop (a hairdresser falls within the definition of a shop).

    The Senior An Bord Pleanala Inspector dealing with the case however disagreed:-

    Read the rest of this entry »

    Published on October 7, 2013 By:David Mulcahy · Filed under: Exempted Development, Important An Bord Pleanala Decisions; Tagged as: ,
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