Accommodation provider appeals condition attached to new 11 guest bedroom block plan

A CONDITION attached to the granting of planning permission for the change of use of an existing house to 11 guest en-suite bedrooms to provide extra accommodation for a neighbouring guesthouse has been appealed to an Coimisiún Pleanala by the applicant.

Sumbury on Thames Ltd had sought permission for the change of use of a house at Limekiln Hill, Dublin Road, Navan to 11 en-suite bedrooms for ancillary accommodation to Ma Dywer’s Guest House next door to include modifications to elevations and revised internal plan layout. It also included blocking up the existing entrance, a new plant room/store and 17 car parking spaces at the rear.

Access is provided via the existing entrance/exit to Ma Dwyer’s. The front boundary wall would be replaced with a stone wall to match that of Ma Dwyer’s and a new emergency entrance to the east side of Ma Dwyer’s would be provided.

Planning was granted subject to 11 conditions and it is the third condition which is subject to a first party appeal by Sumbury on Thames Ltd.

The condition states that the development be used as guest house accommodation or class 6 and for no other class within part 4 of schedule 2 of the Planning and Development Regulations 2001-2025.

It also stipulated that it be maintained as a single planning unit with the existing bed and breakfast on site and not give rise to any subdivision or individual sale unless otherwise authorised by a separate grant of permission.

The appeal by the applicant requests that condition number 3 be removed. It states the proposed development is to provide an extension to the existing Ma Dwyer’s Guesthouse and notes that the subject property is currently a residential dwelling and is being used to provide accommodation for Ukrainian refugees. The appeal argues that the use of both the house and the main bed and breakfast constitutes exempted development.

“It is submitted that the proposed development, in conjunction with the existing guesthouse at Ma Dwyer’s can be used to provide accommodation to persons seeking emergency accommodation to through relevant state bodies.

This does not constitute a material change of use and therefore planning permission is not required in this instance.

It argues that the inclusion of such a condition is unnecessary as it interferes with the rights of the property owner to avail of legal planning exemptions.

It concludes: “This appeal requests that condition number 3 be removed in its entirety. It is contended that condition no 3 as it is currently worded, prohibits the applicant from availing of legal planning provisions, particularly class 14 and class 20F within part 4 of Schedule 2 of the Planning and Development Regulations 2001-2025.

Furthermore, it is submitted that the inclusion of such a condition is unnecessary as continued use of a guesthouse to provide accommodation to persons seeking emergency accommodation does not constitute development.”