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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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  • This Government Strategy seeks to addresses housing, property and construction in a co-ordinated manner. One of the main themes is that of planning with the strategy recognising that the absence of good planning and strategic thinking in past years has served Ireland and its citizens badly.

    The goal is “to secure a proactive approach to planning, in which planning authorities actively engage with land and property owners, Approved Housing Bodies, and infrastructure providers in securing agreed planning goals and outcomes”. This would certainly make for a welcome change from the current situation where many developers and their agents feel that they are battling with the planners rather than working with them.
    It is noted that the following measures are to be introduced:

    • A National Planning Framework (presumably replacing the National Spatial Strategy)
    • A new Planning Bill
    • A new Policy Statement on Planning
    • An Office of Planning Regulation

    The following changes are also to be introduced: Read the rest of this entry »

    Published on May 15, 2014 By:David Mulcahy · Filed under: Planning Reports; Tagged as: ,
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  • In something of a throw-back to Celtic tiger days a large-scale residential application has been approved by An Bord Pleanala.  Such applications are a rarity these days.

    The application initially consisted for a mixed use development comprising 281 residential units, a public park (4.91 h) community buildings, a 3 storey neighbourhood centre, new road junction access off Drogheda Road (N2) and associated works at Rathgory, Mulledrillen, Drogheda Road, Ardee, Co. Louth.  Permission was sought for a 10 year period.

    The NRA objected to the proposed development stating that, notwithstanding the zoning designation of the land, the authority is concerned that the development as proposed will have a significant detrimental impact on the capacity, safety and operational efficiency on the national road network.

    Louth County Council granted permission but the DoEH&LG and a local residents group appealed the decision. 

    The applicants sent revised layouts into the Board reducing the number of units to 140.

    The ABP Inspector concluded that Read the rest of this entry »

    Published on January 30, 2012 By:David Mulcahy · Filed under: Important An Bord Pleanala Decisions; 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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  • Kildare County Council referred a question to An Bord Pleanala as to whether a ‘Shomera’ structure in the rear garden of a house in Maynooth was exempted development.  The ‘Shomera’ was being used as a hobby room and for storage.

    The Senior Inspector recommended that the structure was not exempted development referring to the excessive size and the use of the structure for additional habitable space to that of the main dwelling. Read the rest of this entry »

    Published on January 5, 2012 By:David Mulcahy · Filed under: Exempted Development, Residentail; Tagged as: , ,
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  • The development of the Dart Underground Electrified Heavy Railway from Inchicore to East Wall via the city centre was considered at a final board meeting on 7th December 2011.  The Board decided, unanimously, to grant the Railway Order, generally in accordance with the recommendation of the Inspector, and subject to modifications and conditions.

    The Board approved the Order as the proposal:

    (a) would provide strategic interconnection between existing and future public transportation systems thereby supporting improved integrated public transport in the wider Dublin region;

    (b) would address the disjointed nature of the national rail network converging on Dublin, enabling more efficient functioning of regional rail services;

    (c) would provide planning benefits and urban regeneration opportunities at the locations of new stations and in areas served by the alignment; Read the rest of this entry »

    Published on January 5, 2012 By:David Mulcahy · Filed under: Important An Bord Pleanala Decisions; Tagged as: , , ,
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  • A large scale truck stop including a motel for truck drivers, 12 pump filling station, drive thru restaurant, driver resting area, picnic area etc at Carrickcarnon, Co, Louth has been refused permission by An Bord Pleanala.  Louth County Council had granted permission however the decision was appealed to the Board by third parties.  The truck stop was an off-line scheme but was quite close to the M1 motorway. 

    The Board refused permission inter alia on the basis of the scale of the development, the existing on-line M1 service stations, the rural location outside a settlement and the close proximity to an interchange.  The application was a revised version of an even larger scheme which had been refused by the Council.

    It is of note that the NRA had not objected to the scheme.

    http://www.pleanala.ie/casenum/239307.htm

    Published on November 30, 2011 By:David Mulcahy · Filed under: Important An Bord Pleanala Decisions; Tagged as: , , , ,
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  • Permission has been granted by An Bord Pleanala for a large-scale, town centre, mixed use development in Carlow. 

    The development involves the demolition of the existing Penney’s Store and Hanover Shopping Centre and adjoining buildings. It is proposed to construct a retail development with a gross floor area of 26,071 sqm comprising of 36 units, a cafe and food court, an occasional farmers market, offices and 30 residential units. The development will be contained in a two, three, five and seven storey structure over a single level underground car park.  The proposed development represents a 26% reduction and revision of a previously approved mixed use development on the same site

    Carlow Town Council granted permission for the development however it was appealed by a neighbouring resident.  An Bord Pleanala upheld the Council’s decision on the basis of the town centre zoning of the site, the policies in the development plan, the pattern of development in the area and the planning history.  However, they conditioned the omission of 6 retail units primarily from the upper levels of the development.

    Published on November 25, 2011 By:David Mulcahy · Filed under: Important An Bord Pleanala Decisions; Tagged as: , , , ,
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  • Whether the renovation of site, disposal of petrol tanks, signage, installation of new petrol tanks, renovation and alterations to shop is or is not development or is or is not exempted development

    Athy Town Council referred the above question to An Bord Pleanala concerning the following works:

    1. the removal of underground fuel storage tanks (20,000 litres) and the installation of two underground fuel storage tanks (30,000 litres);

    2. the construction of a new drainage layout and services duct layout;

    3. the erection of four number “Amber” signs and droplet logo signs on the stanchions of the canopy structure;

    4. the erection of new side cladding and three number “Amber” signs and droplet logos on the canopy structure; and

    5. the erection of new cladding and the new logo “Diesel”, “Petrol”, “Costcutter” “Hotfood/Deli” and “Fresh Coffee” on the roadside double pole ID sign;

    The Board went against the recommendation of their Inspector and deemed that the said works were exempt from planning permission.

    Link to this case on the An Bord Pleanala website

    Published on November 21, 2011 By:David Mulcahy · Filed under: Exempted Development, Important An Bord Pleanala Decisions, Uncategorized; Tagged as: , ,
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