O’Callaghan Planning has recently secured planning permission for a dwelling on a farm. In a peculiar case, the applicant did not possess a Category 1, 2 or 3 Farm Business ID number, nor claim Single Farm Payments. However, active farming was proven by providing lists of animal movements on the farm for all but two of the previous six years. Important considerations in this case were previous Planning Appeals Commission decisions, and statements by successive Ministers for the Environment. Previous PAC decisions established the principle that it is not necessary to actively farm continuously throughout the requisite 6 year period, while the Environment Minister confirmed that PPS 21 does not differentiate between different categories of Farm Business. Since DARD classify Category 3 Farm Businesses as “Hobby Farms” in effect this ensures that hobby farmers are equally entitled to dwellings on farms.
O’Callaghan Planning has just received a Certificate of Lawfulness, upon an appeal to the Planning Appeals Commission, after successfully arguing that the appellant had failed to comply with a condition attached to a previous planning permission for a continuous / unbroken period of five years. Had the planning authority earlier been aware that the condition was in breach, the landowner would likely have received a Breach of Condition Notice. There is no right to an appeal against a Breach of Condition Notice, and O’Callaghan Planning would therefore remind all intending developers to adhere to the terms of planning approvals lest they run the risk of subsequent enforcement action.
O’Callaghan Planning has recently handled a successful appeal against an enforcement notice requiring the demolition of an alleged unauthorised dwelling. The case was won on the basis that the appellant proved that the dwelling was substantially complete more than 5 years prior to the date of an enforcement notice. Despite this successful result, the appellant incurred significant outlays in retaining a planning consultant and legal representation. In order to avoid unnecessary risk, intending developers are advised to adhere to planning approvals or seek permission before making any changes.
The principal was appointed to help address and overcome a number of concerns that had been raised by the local planning authority in the course of processing a planning application for a mixed-use development comprising a creche, 5 no. shop units and 7 no. apartments. Retrospective planning permission has now been granted, subsequent to the provision of additional information and amended plans. It is hoped that the creche will open in the coming weeks with a number of commercial units available to let.
Further details to follow.
O’Callaghan Planning has obtained planning approval for a contemporary-designed extension to the rear of an existing bungalow in the Burren area. The extension will benefit from stunning views over Carlingford Lough and the Mourne and Cooley Mountains. It will be constructed to a high specification, using a selection of cutting-edge materials and finishes, while introducing additional energy efficiencies to the existing property.
Further details to follow.
O’Callaghan Planning has obtained outline planning approval for a residential development comprising in excess of 40 detached, semi-detached and town houses in the Kilkeel area. Further information to follow.
O’Callaghan Planning successfully acted on behalf of a major international investor in the acquisition of a development site with full planning permission in place. While a number of planning conditions require to be discharged, construction works are imminent and it is hoped that sites will be released for sale in the near future.
For further details please contact O’Callaghan Planning.
5 no. commercial shop units to let. Prominent location in centre of Culloville. Frontage onto Concession Road. Planning permission previously granted. Units are structurally complete and require only internal fit-out.