An Bord Pleanala refuses leave to appeal

A BID to prevent a restaurant and takeaway being set up at the Blacklion Retail Centre has been halted in its tracks by An Bord Pleanala.

Philip Moyles and Jane Sullivan, members of the No Fry Zone for Wicklow kids campaign, made an application to An Bord Pleanala for leave to appeal against the decision of Wicklow County Council to grant planning permission for the change of use of an existing gym at Unit 1A, Blacklion Retail Centre, Blacklion Road, Greystones, from health and fitness to a restaurant and takeaway use.

Permission had been granted to Ian Coughlan, care of JA Gorman Consulting Engineers of Mullingar, Co Westmeath, for the change of use subject to certain conditions, including an opening time restriction of 5 p.m. on the takeaway part of the business.

The decision sparked outrage among members of Wicklow County Council and residents in Greystones who felt the decision flew in the face of the No Fry Zone directive of the County Development Plan, which stated that takeaways weren’t permitted within a certain distance of schools.

Mr Moyles and Ms Sullivan of 49 Blacklion Manor, Greystones, applied to An Bord Pleanala for leave to appeal saying they had an interest in the land adjoining the land which the decision related to.

However, last week An Bord Pleanala refused them leave to appeal under Section 37 of the Planning and Development Act 2000.

The Bord said that the application for leave to appeal hadn’t ‘shown that the development in respect of which a decision to grant permission has been made will differ materially from the development as set out in the application for permission by reason of conditions imposed by the planning authority to which the grant is subject’.