By Eugene McGloin
A CARER has been refused permission to build a house on a site adjacent to his parents.
The local planning authority, Sligo County Council, granted permission for the house.
Pleanala has now overturned Sligo County Council's approval after a
third party appeal by Transport Infrastructure Ireland (TII).
Safety on a national secondary road and possible precedent were both cited in its inspector's assessment seen by Bord Pleanala.
Pleanala's Board added its own concerns: The site was on a scenic route designated for views of Ballysadare Bay, it said.
proposed development ''might contravene'' Sligo councillors policies
designed ''to protect the integrity of designated visually vulnerable
areas and scenic routes.''
There were no formal objectors from the locality where the new house was planned.
solicitors for local PJ Clark submitted that the applicants had no
right or entitlement to access the right of way, which they said, ''is a
Planning permission had been given back in 2008 on the same site, seven miles from Sligo.
A new County Development Plan, up to 2017, had since been prepared and approved by elected Sligo councillors.
Plan's stated objectives included ''.....avoiding the creation of new
access points.....'' along roads including the N59, between Sligo and
That 2008 permission had been to Peadar Kearins, a noted Sligo county GAA player.
Recently, his son Peter and Tanya Higgins wanted to build a house on the same site.
Their revised design had been approved in pre-planning consultation with Sligo County Council.
This would have seen the new house one metre higher and 100 square metres larger.
However, Bord Pleanala has now halted those plans by the duo for the site at Beltra.
inspector Dolores McCague recommended, in effect, that the most recent
decision of Sligo County Council should be overturned.
said that traffic turning movements generated by the proposed
development ''would interfere with the safety and free flow of traffic
on the public road.''
The site, said the inspector, is ''located alongside'' a national road.
analysis also flagged up that ''precedent'' might be set which could
adversely affect future traffic management if the Council's permission
The applicant, Pleanala was told, required to provide daily assistance for his mother.
Pleanala's decision now seems certain to be controversial in some aspects.
Plan Design Associates, consultants engaged by the applicant, had already showed:
Traffic movements would be ''increased by a refusal'' and one
applicant would still need access to the site on a daily basis to assist
2. There is ''no record of accidents'' at this location in recent years -- ''sightlines are excellent,'' said the consultants;
3. 'National ''guidelines'' cited by the inspector in support of a refusal are not statutory, the consultants added.
Details of the decision and reasons were published online by Pleanala last night, Wednesday.
Only leave for judicial review in the High Court could overturn the decision.