Council can’t take enforcement action

CLARE County Council is statute barred from taking any enforcement proceedings concerning alleged unauthorised works at an end-of-life vehicle recovery facility at Leitrim, Bridgetown, according to planning consultants. CLARE County Council is statute barred from taking any enforcement proceedings concerning alleged unauthorised works at an end-of-life vehicle recovery facility at Leitrim, Bridgetown, according to planning consultants.
Plans for the retention of a commercial development about five kilometres north-west of Bridgetown was refused by Clare County Council following an objection signed by 39 residents in November 2010.
However, John Joe Fitzpatrick, c/o Barnes Murray De Bhail, The Old Forge, Inishannon, Cork, has now lodged a revised planning application for a similar development, having entered into discussions with the planning authority to clarify what needs to be done to regularise the planning status of the site and determine what “beneficial” use could be made of the property, having regard to the previous decision.
Mr Fitzpatrick has sought approval to retain the commercial/industrial use of land as an end-of-life vehicle recovery facility, a commercial/industrial building, the retention of a concrete hardstanding and associated screen walling, two portacabins, on-site parking, one weighbridge and all other ancillary works, which he claimed had been in place for over 30 years.
According to a council planner’s report on the previous application, an unauthorised development file was opened by the council in 2008, following a complaint about the use of the site for storing, sales and trading of cars, vans, machines and plant.
On August 5, 2009, a warning letter was sent to Mr Fitzpatrick concerning the unauthorised use of the site as a storage compound for portacabins, cars, vans, plant and machinery, tyres and oil drums.
A month later, an agent for the applicant wrote to the planning department and stated they would be addressing matters at the site.
However, the applicant’s agents have stated in the latest application that the seven-year statute of limitations expired prior to any notices or orders being issued in relation to the works.
“The council is statue barred from taking any enforcement proceedings against the works and the works can continue to operate without imposition by the council.
“The applicant wishes to regularise the planning status of the site to provide the council with the opportunity to conditionalise the works in line with best practice.
“This represents a practical means of addressing the continued operation of the site and would be beneficial to the council and the applicant,” the consultants stated.
“The recovery and dismantling of end-of-life vehicles falls within the scope of the National Policy Guidelines, in that it reduces the overall production of waste vehicles by making available a supply of recovered parts that may be used to extend the life of other vehicles.
“The development is not located within or adjacent to an area of sensitive zoning and will not materially affect the amenity or environment of the area.
“The application addresses the planning authority’s reasons for refusal by altering the nature of the development and by upgrading the access to the site,” the consultants added.
They also confirmed that discussions concerning a waste permit application for the facility have started with the county council.
It is intended the facility will accept between 600 and 1,000 end-of-life vehicles annually. The applicant intends to recover the reusable parts and materials and prepare the vehicle carcasses for ultimate submission to recycling. The reusable parts will be sold on.
A third party will be engaged to bale the unusable vehicles carcasses for road transport off-site to a metal recycling agent.