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  • A question was put to An Board Pleanala by Kilkenny County Council as to whether the intensification of use of Kilkenny Airfield for sponsored parachute jumping is or is not development and is or is not exempted development.

    There is currently a grassed landing strip measuring approximately 900 m on the site.

    The submission from Kilkenny County Council noted that Kilkenny Airfield was established in the early 1960s and an airfield was first licensed in April 1965. It is the contention of the planning authority that due to the frequency of the parachuting trips and the number of people involved that there is an impact on the surrounding environment in terms of residential amenity, and traffic and that the intensification is affecting the proper planning and sustainable development of the area to such an extent that it can be considered material in planning terms.

    The observers to the assessment drew the attention of the Board to the increase in noise results from skydiving planes climbing at high revs to heights suitable for skydiving and other noise associated with skydiving activities, increased traffic on the cul de sac road.
    Read the rest of this entry »

    Published on February 25, 2015 By:David Mulcahy · Filed under: Exempted Development, Important An Bord Pleanala Decisions; Tagged as: , , ,
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  • A question arose as to whether the use of a site for a skip business at Parkmore, Callan Road, Kilkenny is or is not development or is or is not exempted development.

    The applicant’s case was based on the pre 1963 sand and gravel business which involved taking in virgin and waste sand and gravel, haulage of the material and sale of the material to builders, etc. It was submitted that a waste operation is not significantly different to the sand and gravel business.

     However, Read the rest of this entry »

    Published on January 30, 2012 By:David Mulcahy · Filed under: Exempted Development; Tagged as: , , ,
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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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  • This case related to the use of a warehouse on Pearse Square (opposite Grand Canal Theatre) Dublin city for a public car park. The warehouse was previously used for the parking of vehicles associated with a vehicle trading business.

    An Bord Pleanála concluded that

    (a) the public car park is a change of use which is materially different from a warehouse use, inclusive of a warehouse used for the parking of vehicles associated with a vehicle trading business, by reason of :

    • changes of trading patterns
    • likely impacts on neighbouring amenity
    • traffic management and on traffic safety

    thus constituting development which comes within the scope of section 3 of the Planning and Development Act, 2000, and

    (b) there is no provision for exemption Read the rest of this entry »

    Published on January 5, 2012 By:David Mulcahy · Filed under: Exempted Development, Important An Bord Pleanala Decisions; Tagged as: , , ,
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