Green light for Ballina marquee
An Bord Pleanála has upheld a local planning authority decision in favour of a seasonal marquee by the Shannon at Ballina.
Applicant Sixty Something Ltd plans to provide the marquee on a site approximately 100 metres north of the Ballina-Killaloe bridge. The site is occupied by Flanagan’s Bar and Restaurant.
The marquee is intended for seasonal - May to September - use annually. In its planning correspondence, the applicant stated that the structure would be used at times when there is predicted to be significant demand, such as events, and would be removed between such events. The marquee is to provide shelter to the existing seating and dining area and no additional seating or capacity is proposed. It is not proposed to hold any performances in the marquee, which is to have a pitched roof profile and overall height of 4.5 metres. The floor area of the structure is stated as 81 square metres.
Tipperary Co Council last year granted permission for the plan subject to a number of conditions, one of which restricted the permission to a period of five years. A third party appeal in the name of James Whelan was lodged with An Bord Pleanála in September.
The board's inspector summarised the grounds of appeal as follows: The development would have a negative impact on the visual amenities of the area, as it would be clearly visible from the Killaloe side; the site is located close to a natural heritage area; the structure is proposed to be located in an existing car park and there is already a lack of car parking available in Ballina.
The appellant further stated that the issue of colours/branding/advertising of the marquee was not addressed in the local planning authority decision; the marquee would not protect against noise from patrons; no toilet facilities were proposed.
In response, the applicant said the Department of Arts Heritage and the Gaeltacht has stated that the proposed development would not impact negatively on the River Shannon SAC. The marquee would be erected entirely within the applicant’s property and the structure would take up three parking spaces on a temporary basis; a number of these spaces are regularly taken up by commercial signage.
The applicant furthermore stated that the marquee would be visible from Killaloe, but it would be “a stretch” to say that it would be visually intrusive from there. The marquee was erected between September 18th and 22nd last year, as the applicant was not aware that an appeal had been lodged. Once notified, the structure was removed but photographs taken while it was in place showed that the marquee would not have a significant visual impact, the applicant stated. It further clarified that the marquee would be branded but not illuminated. It was intended as a cover for diners, who would be outside with or without the marquee. Therefore, it was not considered that the marquee would add to noise.
Following its inspector's assessment of the case, the board this month agreed to uphold Tipperary Co Council's decision subject to revised conditions. Among these is a stipulation that the permission shall last for three years, after which the structure must be removed unless permission for its retention is obtained. This is to allow for a review of the development having regard to the circumstances then pertaining and in the interest of visual amenity. The board also directed that no music, live performance or other entertainment noise shall be emitted from the marquee.
The marquee is not to be connected to water supply or foul drainage systems, and shall not be used for the preparation or serving of food. The board also directed that the external cover of the marquee be of neutral colour and must not incorporate any form of advertising.