Firm seeking to provide IPAS accommodation seeks clarification over planning permission

Meath County Council's view that the use of a period residential property on the Boyne Road in Navan to accommodate persons seeking international protection would require planning permission has been challenged, with a referral made to an Coimisiun Pleanala.

Streamland Limited of Carrickmaclim, Carrickmacross, had sought a declaration from Meath County Council on whether the use of residential dwelling, Athlumney Cottage, to provide accommodation for persons seeking international protection constitutes exempted development, or does not constitute exempt development.

It was the view of Meath County Council that it would constitute development and would therefore require planning permission. However, this decision has been referred to An Coimisiun Pleanala by Streamland Ltd.

The property comprises a period two-storey house set on large grounds on the Boyne Road with 14 bedrooms, a kitchen, a sitting room, and a dining room.

The section five referral prepared on behalf of Streamland says the property management and staff provision would be the responsibility of their client and that staff would be present in the property to carry out maintenance and cleaning works only. It states that no element of care, be it social, physical or emotional would be provided to residents at this property nor would any non-governmental organisation or approved housing body be involved.

It asked that An Coimisium Pleanala review the Section Five declaration issued by Meath County Council and make a determination that providing long-term accommodation to persons seeking international protection at Athlumney Cottage, Boyne Road, Navan, is deemed not development.

0ne submission contends that the planning authority had erred in determining that a private dwelling cannot fall within class 14 or class 20F of the planning regulations.

It argues that the existing use of the property is residential and the proposed use remains residential and that the subject property would be used to house individuals who seek international protections and therefore the occupant's profiles are the only element that would change in the use of the property.

It submitted that the planning authority had incorrectly characterised the proposed use as institutional accommodation and that submitted information confirms residential occupation only with “no institutional characteristics such as provision of care being provided”.

It also contends that the proposed use of a large dwelling would not add strain to existing services nor would it increase traffic volumes, noise or waste at the site and therefore there was “no demonstration of an intensification of use or functional change.”

It concludes that it is their opinion that the “increase in residents at this property does not constitute an intensification of use, or a material change of use.

“It is the applicant's submission that the practical differences in the proposed use of Athlumney Cottage as a private accommodation for persons seeking international protection are, for all intents and purposes, almost indiscernible from its established use.”