Limerick woman may face High Court date after An Bord Pleanala ruling

A RATHKEALE householder is facing the prospect of having to reverse some changes she has made to the front of her home - or go to the High Court - after a ruling from An Bord Pleanala.

Last year, the resident sought permission from Limerick City and County Council to keep alterations she made to the front facade of the home in the town centre.

This included alterations to window sizes, the removal of a door, the redesign of another door and the addition of granite stone surrounds.

However, the council refused permission to keep these changes, citing concerns over the impact it would have on the Rathkeale Architectural Conservation Area.

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An Architectural Conservation Area, or ACA, is a place considered of special architectural, archaeological, or technical interest.
The council’s decision of November 2024 was backed up by An Bord Pleanala in March this year.

This came despite the national planning appeals body’s own inspector Claire Clancy recommending the changes should be kept - and she is satisfied the alterations carried out “do not significantly impact on the character of the ACA.”

Neither the appellant or agents acting for them returned a request for comment from Limerick Live.

The only options left open to the householder now are taking the matter to the High Court, or removing the changes to the property.

It’s understood retention permission was sought in September last year, off the back of what is known as an Enforcement Notice from the local authority.

This is often issued in the cases where development is considered unauthorised and sets out a timeframe on a developer to rectify things.

In many instances, an application for retention permission can follow this.

This is a request of planners to in effect legalise a development.

On receipt of the application to retain the development, the council referred the matter to the Department of Housing, Local Government and Heritage offer its opinion on the matter, saying they feel it may impact on the architectural heritage of the area.

There is no evidence of the department responding to this on the council’s file.

Planners made a visit to the site in Rathkeale, and claimed the applicant had “deviated” from a planning permission they had received back in 2020, and now they are seeking to retain the changes.

In November last year, they ultimately rejected the bid to keep the changes.

Planners ruled if the development was retained, it would “adversely affect the visual appearance of the host property and the Rathkeale ACA.”

However, the householder appealed against the decision to An Bord Pleanala.

In the appeal, she argued that the changes to the front of the building were advised by the builder, who believed the alterations she was allowed to make in 2020 would cause structural damage to the building.

An Bord Pleanala’s inspector Ms Clancy recommended permission be given.

“Having considered the nature, scale and location of the proposed development, I am satisfied it can be eliminated from further assessment because there is no conceivable risk to any European site,” she wrote.

A special area of environmental conservation is often referred to as a European site.

She highlighted the “small scale and domestic nature” of the proposed development.

An Bord Pleanala rejected this recommendation and said development should not take place.

They said the changes if retained "would detract from the character of the building, due to the design, materials and detailing not being sympathetic to the to the buildings form and context and would detract from the composition and character of the street in this designed ACA”.

“The proposed development would therefore be contrary to the proper planning and sustainable development of the area,” they concluded.