Core Planning Reasoning
Refusal is recommended due to a procedural failure to comply with Article 22(2)(g) of the Planning and Development Regulations 2001, as the applicant incorrectly claimed ownership and failed to provide the required letter of consent from the legal landowner at the time of lodgement.
Decision Maker's Conclusion
- The proposed change of use is acceptable in principle under the Donegal County Development Plan 2024-2030 and is compatible with the village's settlement framework.
- Potential impacts on traffic, residential amenity, and visual character are considered manageable through the application of standard planning conditions.
- The applicant's failure to demonstrate sufficient legal interest or provide written consent from the owner at the time of application constitutes a fatal procedural defect that prevents the Board from granting permission.
Cited Policies (CDP)
Map 21.28Chapter 21Section 5.2Section 7.6Section 11.2TV-O-1TV-O-2TV-O-5TV-P-3TV-P-5TV-P-6RS-P-7L-P-2CC-P-1CC-P-2TS-P-1
Decision Document Summary
The proposal involves converting a two-storey detached former parochial house in Clonmany village into a community hub containing retail units, offices, and hot-desk facilities. The Inspector found the development to be substantively positive, noting its alignment with County Development Plan policies regarding village regeneration (TV-O-1) and community infrastructure (CC-P-1). However, the case centered on a procedural challenge by an appellant who highlighted that the applicant—a community co...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.