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An Bord Pleanala

  • 20-06-2019 10:42AM
    #1
    Curious Scot
    Closed Accounts Posts: 61 ✭✭


    I saw this today on FB. It’s about how an access gate to the Fanad Arch was blocked in 2017. The council states that the barrier didn’t require planning permission. The article also states that An Bord Pleanala agreed that the barrier was against ‘the right of public use’. Can An Bord Pleanala make a decision like this in respect of a development which doesn’t require planning permission? I was always under the impression that ABP could only make decisions on appeals against granted planning applications.
    IMO, if the barrier was erected by the owner of the land, I believe she/he has every right to secure their property, given the crazy insurance/liability laws that we have in Ireland.

    https://www.donegaldaily.com/2019/06/20/shock-over-new-barrier-blocking-access-to-fanad-arch/?fbclid=IwAR0qAsQm8hIME_eA3x8bLRfnBq_bi-DU5F2TCxjabhJyT7wgVWODEZDGTe0


Comments

  • #2
    yurtyaherne
    Registered Users, Registered Users 2 Posts: 117 ✭✭yurtyaherne


    The article states "Kerri Coll led the two-year battle by the Great Arch Action Committee against Donegal County Council's decision that works carried out in June 2017 did not require planning permission."

    I would assume that the person who erected the barrier applied for a Section 5 Declaration which Donegal County Council's decided that the id not require planning permission (i.ie Exempted Development).

    A decision on a Section 5 Declaration can also be appealed to An Bord Pleanala.


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