Posts Tagged ‘appeal’

An Bord Pleanala Annual Report 2011: Kildare’s Performance

October 16, 2012

The An Bord Pleanala Annual Report 2011 was published last week. It shows that 8% of all decisions made by Kildare County Council (including Naas and Athy) were appealed to the Bord. This compares with 3.4% in the case of Wexford (lowest) and 14.96% in the case of Dublin City (highest).

The Report shows that 33.9% of the Councils decisions were confirmed by the Board, 45.2% of the Councils decisions were varied and 21% of the Councils decisions were reversed by the Board.

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Discount food store application at Hotel Keadeen appealed to An Bord Pleanala

December 21, 2011

An application by the owner of the Hotel Keadeen in Newbridge for a discount food store was refused by Kildare County Council. This is the second time the Council have issued a refusal. The applicant has now lodged a first party appeal against the Council’s decision with An Bord Pleanala.

An Bord Pleanala grants permission for Maynooth Campus Development

October 27, 2011

Following a third party appeal by local residents, An Bord Pleanala has upheld the decision of Kildare County Council to grant permission for the construction of the North Campus Student Housing Complex comprising 77 student apartments, residents office, student social room, retail unit and bicycle stores arranged in 4no. courtyard buildings from 3 -9 storeys in height.

In granting permission the Board concluded that “Having regard to the established use of the site as a university campus, the location of the proposed development and its design, it is considered that, subject to compliance with the conditions set out below, the proposed development would not be visually obtrusive and would not seriously injure the amenities of residential property in the vicinity due to the significant separation distance from neighbouring residences. Having regard to the surface water measures proposed, it is considered that the proposed development would reduce the level of existing surface water runoff from the site thereby reducing the level of existing flood risk associated with the unnamed stream to the north. The proposed development would, therefore, be in accordance with the proper planning and sustainable development of the area”.

 

Supermarket Refusal in Athy Appealed to An Bord Pleanala

January 4, 2011

A recent decision by Athy Town Council to refuse permission for a large supermarket at Woodstock South in Athy has been appealed by the applicant to An Bord Pleanala.  The Board previously refused permission for a supermarket along with ancillary retail on this site.

Permission for Superquinn site in Naas Appealed

January 4, 2011

The decision of Naas Town Council to grant Primark permission for a three storey retail builing of approx 11,000sq.m gross floor area on the existing Superquinn site has been appealed to An Bord Pleanala.

Superquinn decision appealed to An Bord Pleanala

November 3, 2010

A number of third party appeals have been lodged in response to Naas Town Council’s decision to grant permission for the proposed supermarket and cinema development on the former VEC lands in Naas, Co. Kildare.

An Bord Pleanala Refuse Relocation and Extension of Runways

September 2, 2010

An Bord Pleanala has upheld Kildare County Council’s decision to refuse planning permission for the proposed relocation and extension of runways at Weston Aerodrome, Leixlip, Co. Kildare.  The board refused permission on the basis that the runways were too close to the boundary and adjoining properties in terms of noise and nuisance as well as concerns over baseline traffic figures.

An Bord Pleanala refuses permission for mixed-use development in Donadea, Co. Kildare

March 26, 2010

An Bord Pleanala has upheld the decision of Kildare County Council to refuse permission for the construction of a development containing 23 dwellings, shop units, a public house, office and commercial unit, children’s playground and playschool at Tirmoghan, Donadea, County Kildare.  There were 3 reasons for refusal which are summarized as follows:

1.The proposed development, by reason of its scale, the number of proposed commercial and residential units and its design and layout would be disproportionate and out of character with the scale, layout and character within the context of Tirmoghan rural settlement.

2.The Board is not satisfied that the applicant has demonstrated that the proposed development would not be within an area of high probability of flooding, that it would not result in an increase in flooding elsewhere and would not be prejudicial to public health by impeding land drainage and flooding wastewater treatment systems in the vicinity.

3.The proposed development would endanger public safety by reason of a traffic hazard and the obstruction of road users resulting from additional traffic movements on the rural road network that is substandard in terms of width, alignment, safety and capacity.

Appeal lodged in relation to works to public house in Athy, Co. Kildare

January 23, 2010

A third party appeal has been lodged by Peter Norton and Margaret Kane in relation to retention works and new works at no.12 Leinster Street, Athy, Co. Kildare.  No.12 Leinster Street is a protected structure. Kildare County Council had granted permission for the devlopment.

Can an objection or appeal be withdrawn?

January 6, 2010

An question which arises from time to time is whether an objection to a proposed development can be withdrawn?  There is no provision to withdraw an objection to a planning application under the current planning legislation.  It is the stated practice of Kildare County Council not to allow the withdrawl of objections.

The situation is very different in relation to the withdrawl of an appeal. An appeal can be withdrawn by an appellant at any time prior to the determination of the case by An Board Pleanala. Where an appeal is withdrawn (or all the appeals where there is more than one), the original decision of the planning authority takes effect. To withdraw an appeal the Board must receive written confirmation of the intention to withdraw.

NRA appeal decision by Kildare County Council to grant planning for industrial development in Mayfield, Monasterevin

November 17, 2009

A decision by Kildare County Council to grant planning permission for an industrial estate including 17 no. units, ancillary offices and all associated site works has been appealed to An Bord Pleanala by the National Roads Authority. The case is due to be decided by 25-03-2010.

Planning Appeal lodged for residential development in Church Road, Cellbridge, Co. Kildare

November 17, 2009

A first party appeal has been lodged by Fergal Flattery and Paddy Garrahie (applicants) in relation to the decision by Kildare County Council to refuse permission for the demolition of house extension, conversion of 2 no. existing houses into 2 no. apartments, construction of 6 no. apartments and all associated site works.  The cse is due to be decided by 24-03-2010.

An Bord Pleanala refuse planning permission for 27 dwellings in Monasterevin, Co.Kildare

November 11, 2009

An Bord Pleanala refused permission to Davis Street Partnership on 6th November 2009 for 27 dwellings on a town centre site incorporating a protected structure in Monasterevin, Co. Kildare.  There were 3 reasons for refusal relating to the adverse impact on the protected structure and the uncoordinated approach to the development of the site and adjoining site.

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An Bord Pleanala refuse planning permission for Mixed Use Development in Monasterevin, Co. Kildare

November 11, 2009

An Bord Pleanala refused permission to Belfield Properties on 6th November 2009 for the consturction of mixed use development on the ‘tennis court site’ in the town centre of Monasterevin.  The proposed development comprised 13 no. houses 1 no retail/office unit in 3 storey block and associated site works.  The reason for refusal related to impact on character of Architectural Conservation Area and uncoordianted approach to the development of the site.

Mixed Use Development Appealed in Tiermoghan, Donadea, Naas, Co. Kildare

November 9, 2009

Eugene Finn has lodged a first party appeal with An Bord Pleanala on 3rd November 2009 concerning a mixed use development in Donadea, Co. Kildare.  The development which included permission for 17 no. houses and outline permission for 6 no. houses was refused by Kildare County Council.

Status: Case is due to be decided by 18-03-2010

David Mulcahy, Town Planning Consultant

60 Bed Nursing Home Refused Planning in Broadford, Co. Kildare

November 9, 2009

Permission was refused by An Board Pleanala for a 60 bed nursing home in Braodford, Co. Kildare.  Patrick Byrne had lodged a first party appeal with the Board following a refusal by Kildare County Council.  The Board refused permission on the basis that the proposed development was in an isolated rural area on unzoned lands, contrary to Regional Planning Guidelines for the Greater Dublin Area, a discordant feature in the landscape and prejudicial to public health given the lack of adequate water supply and wastewater disposal.

David Mulcahy, Town Planning Consultant

Appeal Lodged – 68 houses & creche Allenwood, Co. Kildare

October 15, 2009

Kildare County Council

Construction of 68 no. houses, creche and all associated site works.

Case reference: PL09 .234864

Case type: Planning Appeal

Status: Case is due to be decided by 02-02-2010

Parties

  • Paul Carroll (Applicant)
  • Allenwood Community Group (Appellant) (Active)
  • Paul Carroll (Appellant) (Active)
  • 21/09/2009: Lodged

Source : An Bord Pleanala