BYCRONANSCANLON
DONEGAL County Council has issued a statement explaining how it granted retention permission for an unauthorised apartment development outside Letterkenny
In last week's Donegal News we reported that the council granted permission to David Love permission to retain completion of the same building containing four apartments on the site of a demolished house at Killylastin. Last year Mr Love was refused retention for the same development and was prosecuted by the council for the unauthorised works at Letterkenny District Court two weeks ago.
Executive Planner, Mr Frank Sweeney, said that at the end of May 2006 an anonymous telephone call to the planning office alerted the council to an unauthorised development at Killylastin.
The enforcement technician inspected the site on May 31, 2006 and was "convinced" that an unauthorised development was taking place. The enforcement technician spoke to Mr Love on site and advised him to stop works immediately.
On the June 7, the council instigated a prosecution against Mr David Love under Section 151 of the Planning and Development Act 2000 for the carrying out of an unauthorised development.
On June 18, 2006 a retention application was lodged with the council for the retention and completion of a building consisting of four apartments at Killylastin.
The council refused the application, on July 28, for retention and completion of the apartments on the grounds that the development contravened the rural housing policy of the County Development Plan 2000 (as varied) and on the grounds of public health.
"A subsequent application was lodged following the adoption of the County Development Plan 2006-2012. Therefore a new rural housing policy was in place," Mr Sweeney explained.
"The subsequent application was for the retention and completion of four holiday apartments and was in compliance with Policy RH6-4 Exceptions. RH6-4 states that holiday home development is permissible 'where the proposal is for rental purposes only (5 max units) that is part of a farm diversification plan, or for persons who owned land prior to March 2000 who can demonstrate that they have roots in the area'. Following advice from the Planning Authority who considered that this development lacked adequate parking and public open space provision this application was withdrawn.
A further application lodged which addressed the inadequacies of the previous application was approved on May 11, 2007. A condition was attached to the permission that the residential units shall be for holiday home rental only and the appropriate holiday home charges were levied on the development".
On May 15 the prosecution case against Mr Love for the unauthorised development was heard in the Letterkenny District Court. Mr Love pleaded guilty at the same and was fined by the courts.
