An Bord Pleanala turns down Kelly Drains depot
AN Bord Pleanala has upheld a refusal to Kelly Drains for a commercial vehicular depot at their Drummin site.
The application had included the relocation of gates, construction of a two-storey office building, change of use of farm building for maintenance of trucks, extension of the yard, and retention of some other buildings.
The An Bord Pleanala inspector said that the development, as proposed, would involve the blocking of a Mass path which is of historical and amenity significance to the local area.
He said that the development would contravene the county development plan and would be contrary to the proper planning and sustainable development of the area.
The site is located off the N11 by junction 11 and was previously a farm house and farm yard.
The site is now used by a drain maintenance business and the owners live in the former farm house.
The property currently accommodates many associated vehicles including trucks and smaller vehicles.
There are three portacabins on the site used for office, admin, canteen and a container used for storage.
Wicklow County Council decided to refuse planning permission for a number of reasons, including the Sally Walk/Kilcoole historic Mass path. The path traverses the site. The council said that the county development plan has objectives to facilitate access to amenity routes and to protect existing green resources.
They said that the applicant failed to provide suitable pedestrian access through the site to facilitate users of the path. There was also a lack of suitable access to future development land, and a failure to submit proposals to connect to the public water supply.
They also said that the applicant didn’t include traffic management proposals.
Submissions during the planning process included concerns about potential pollution to an existing stream, impacts on the Glen of the Downs, and concern about po
In their appeal, Kelly Drains said that they originally started the business in Blacklion, but permission to regularise planning was refused as the site was zoned residential.
They subsequently purchased the current site. As part of the purchase agreement, the applicant was required to erect a palisade fence.
Wicklow County Council issued a warning letter in relation to the fence and material change of use.
They said that the pedestrian access issue could be dealt with as a legal issue and separated from the planning.
They said that there is no objective to protect the Mass path in the Greystones/Delgany & Kilcoole Local Area Plan, nor is the applicant’s lands designated to facilitate access to amenity lands in the County Development Plan.