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  • It has generally been held that varying a condition of a planning permission is not allowable on the basis that it does not constitute development in its own right. Therefore, in order to get around this issue, the practice has been to propose some minor development (usually works) and seek to vary the condition of planning as part of the application. However, a recent decision by An Bord Pleanala means that there are circumstances where a planning application to vary a condition alone may be sufficient.

    freeditigalphotos.net

    freeditigalphotos.net


    The case involves an application to Dun Laoghaire County Council seeking variation of a condition of a planning permission (previously granted by An Bord Pleanala) to remove the restrictions on the occupancy, leasing, sale or other disposal of the existing Commissioners of Irish Lights office building at Harbour Road, Co. Dublin. Due to changing circumstances there has been a significant reduction in manpower and as a consequence there is spare capacity in the building for parties other than the Commissioners of Irish Lights.

    The Council granted permission which included a condition which stated that there was no restriction on the ground floor office use of the building; the office use did not have to relate to the Commissioners of Irish Lights. This decision was then appealed to An Bord Pleanala by a third party.

    The appellants planning consultant argued that Read the rest of this entry »

    Published on February 12, 2014 By:David Mulcahy · Filed under: Important An Bord Pleanala Decisions; Tagged as:
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