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Planning Issues

  • 05-11-2010 12:00pm
    #1
    Registered Users, Registered Users 2 Posts: 46


    Hi all,

    Just a quick question that I'm hoping someone can shed some light on. A few of us have permission off the land owner to shoot some clays. All equipment is portable and we come in and leave the field with all equipment in toe. We have no structures and have no plans for any. It is privately used with a maximum of 2 open competitions throughout the year.

    Do we need any form of planning permission for this? Thanks in advance.


Comments

  • Registered Users, Registered Users 2 Posts: 3,070 ✭✭✭cavan shooter


    Had this one ourselves a few years back.
    The short answer is no, Its a flapper shoot in field and its infrequent.

    In saying that make sure you get on with the neighbours, agree the number of shoots, you will be ignored untill someone complains or someone sees that they should be making money on it. (commonage on a bog):(


  • Registered Users, Registered Users 2 Posts: 46 sporting shot


    We would use this area for practice (summer mostly) also.


  • Registered Users, Registered Users 2 Posts: 947 ✭✭✭fodda


    A tip is pick up all your mess and plastic wads and take it with you afterwards because it soon acumulates and it only needs one animal to get injured or sick from ingesting it and your shoot could soon end.


  • Registered Users, Registered Users 2 Posts: 46 sporting shot


    fodda wrote: »
    A tip is pick up all your mess and plastic wads and take it with you afterwards because it soon acumulates and it only needs one animal to get injured or sick from ingesting it and your shoot could soon end.


    That is always done. Clays, wads, rubbish, etc all picked up (even if it is a pain in the arse). Farmer has no problem at all that way. Just wondering if there could be a planning issue (even though no structure/equipment there)?


  • Closed Accounts Posts: 98 ✭✭fourtycoats


    The planning acts are very clear on this issue. "Laying out" land for sporting use does not need planning permission unless it is for Golf, shooting or any sport involving the use of an engine. Therefore, setting up a clay layout needs planning permission and if any neighbour complains to the Council about noise, cars or anything else, you can be closed down.


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  • Registered Users, Registered Users 2 Posts: 46 sporting shot


    The planning acts are very clear on this issue. "Laying out" land for sporting use does not need planning permission unless it is for Golf, shooting or any sport involving the use of an engine. Therefore, setting up a clay layout needs planning permission and if any neighbour complains to the Council about noise, cars or anything else, you can be closed down.


    Thanks Fourtycoats,

    But there is no lay-out at all. We just arrive in the field, set the traps wherever, shoot, tidy-up, then leave. Therefore is this applicable to us?


  • Closed Accounts Posts: 98 ✭✭fourtycoats


    The relevant legislation is here:

    STATUTORY INSTRUMENTS.
    S.I. No. 600 of 2001.
    ________________________________________
    PLANNING AND DEVELOPMENT REGULATIONS, 2001
    Dublin
    Published by the Stationery Office.
    PLANNING AND DEVELOPMENT REGULATIONS, 2001



    Exempted development Class 33


    (c) for athletics or sports (other than golf or pitch and putt or sports involving the use of motor vehicles, aircraft or firearms), where no charge is made for admission of the public to the land.

    This says that any "development" of land, for a use involving firearms, needs planning permission. So it all depends on the definition of what is a development. My understanding is that the planning authorities, interpret the regular use of firearms on a piece of land as a development as it involves a "change of use" and it is this change of use as opposed to the erection of any structures which brings you into the planning net.
    You can continue to shoot on the land until some one makes the planners aware of what you are doing but this could take a long time.


  • Registered Users, Registered Users 2 Posts: 46 sporting shot


    Thanks for thats Fourtycoats,

    Could it be argued that any rough shooting on the same piece of land (or indeed any land) could be subject to the same scrutiny? i.e. regular shooting on the same piece of grounds for the pheasant season.


  • Registered Users, Registered Users 2 Posts: 2,489 ✭✭✭No6


    I think this would allow flapper shoots to be exempt from planning permission.
    CLASS 37

    Development consisting of the use of land for any fair, funfair, bazaar or circus or any local event of a religious, cultural,educational, political, social, recreational or sporting character and the placing or maintenance of tents, vans or other temporary or movable structures or
    objects on the land in connection with such use.

    1. The land shall not be used for any such purposes either continuously for a period exceeding 15 days or occasionally for periods exceeding in aggregate 30 days in any year.

    2. On the discontinuance of such use the land shall be reinstated save to
    such extent as may be authorised or
    required by a permission under the Act.



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