Permission refused for garden premises

‘Unclear’ plan for former car sales site

Tipperary Co Council has refused planning permission for an outdoor garden furniture premises outside Nenagh.

Epicone Limited had sought retention of a change of use from commercial car sales and showroom to the current use of “assembly and display of outdoor garden buildings and furniture” at Ballywilliam, Carrigatoher. Retention permission was also sought for 14 car parking spaces, demountable tents for the storage of goods in connection with the business, and two control fences - one for a canine area and dog house, the other to restrict access to the storage area from patrons/public.

Epicone also sought planning permission for the provision of new footpaths for normal wheelchair access within the site.

The council received a submission from Noel McGovern and family, which raised a series of issues with the development. The submission stated that the company had several other connected businesses that were operating from the Ballywilliam/Carrigatoher site, spanning different business classes for which the site was not suitable or zoned, nor did it have planning permission. The McGovern submission stated that the connected businesses operated via internet websites and online social media platforms, where orders were placed and commercial distribution occured, effectively making the site a commercial/industrial compound for manufacture, display and storage, sale, distribution and logistics purposes, operating seven days per week.

This created significant noise and disturbance. The submission added that occupiers of the site were residing nightly in the premises and were using the former car showroom/convenience store) as a permanent residence.

Following a lengthy consideration process that included several further information requests, the council decided to refuse permission for the application.

Its refusal was based on the proposed use and its associated activities; the location of the site in a rural and un-zoned location; the proposed operational hours of the business in a rural and unzoned location; the extent of lighting proposed in a rural and un-zoned location; and the lightweight and temporary nature of the proposed demountable tents.

The council also took issue with the proximity of the site to residential development, and what it described as “failure to submit proposals to address the proposed mitigation measures within the Noise Impact Assessment and “the submission of unclear and contradictory information”.

“The planning authority is not satisfied that the proposed development does not result in loss of amenity to adjoining properties, adverse impact on the environment or visual detriment to the character of the area,” the council stated in refusing permission.