Updated: 06/10/16 : 04:54:33
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Sligo pub can keep canopy and beer garden

A SLIGO town pub has been allowed to keep its canopy for smokers and ''beer garden.''

Details of the decision were published by Bord Pleanala last night, Wednesday.

The statutory planning appeals agency heard submissions that rights of way to the rear of nearby premises would be affected.

Property re-sale values and a protected structure in the street would be affected, said other arguments.

But on a split decision, 2-1, by Pleanala has now approved the pub development. 

It had earlier got the go-ahead by Sligo County Council last summer, without conditions.

That came after the Sligo pub operators, Kudos Restaurant Ltd, had originally opened the outdoor section without planning permission and sought ''retention."

The rights of way issue could yet be decided by the High Court.

Guidelines from the Department of the Environment on the management of developments explicitly state that ''a person is not entitled solely by reason of a permission to carry out any development.''

Meanwhile, the Perspex canopy, with no walls, is used as a smoking area.

The remainder of the disputed Development was an outdoor seated adjunct -- a ''beer garden'' -- at The Swagman pub in Wine Street.

       The entrance to the Beer Garden at The Swagman on Wine St. Photo: Twitter

Details of the appeal decision were published online by Bord Pleanala last night, Wednesday.

The statutory planning appeals agency said it does not determine civil issues such as rights of way.

It's concerns, said Pleanala inspector Tom Rabbette, are proper planning and sustainable development. 

He visited the Sligo town site on September 19th last and prepared an eight page report for the Board of Bord Pleanala.

His report revealed that no Enforcement Notice or Warning Letter had "been served by Sligo County Council but that an enforcement file had been ''opened.''

Mr Rabbette's recommendation -- not binding on the Pleanala Board -- was to grant planning permission.