Core Refusal Reason
The applicant failed to meet the statutory requirements of Section 97 of the Planning and Development Act 2000 (as amended) as the Planning Authority determined the applicant was 'acting in concert' with a business partner.
Decision Maker's Conclusion
- The Planning Authority concluded that the applicant, Emmett McEvoy, and Damien McKenna are business partners and are therefore 'acting in concert' within the meaning of Section 97(12) of the Act.
- The application for an Exemption Certificate for 4 apartment units at High Street, Tullamore, does not satisfy the legislative criteria regarding the relationship between applicants and associated parties.
- Based on the failure to meet the requirements of Section 97 of the Planning and Development Act, the Planning Authority recommended that the Certificate of Exemption be refused.
Cited Policies (CDP)
Decision Document Summary
This application sought a Section 97 Exemption Certificate for the construction of 4 two-storey, 1-bed apartment units on a 0.028ha site at High Street, Tullamore, Co. Offaly. The site is zoned for Town Centre/Mixed Use under the Offaly County Development Plan 2021-2027. Offaly County Council refused the certificate because it was determined that the applicant was 'acting in concert' with a business partner, Damien McKenna, thereby failing to meet the eligibility requirements set out in Section ...SOURCE PDFOpen Original
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