‘Unusual’ barn doesn’t need planning permission

Clare County Council has confirmed that an unusual agricultural “barn” which is under construction in Ogonnelloe doesn’t require planning permission amid disputed claims it “looks like a house”.
Resident, Jonathan Perry, who has engaged in extensive correspondence with Clare County Council over the property, has taken issue with its decision to categorise the building as exempted development.
Mr Perry claimed the building “looked like a house”, had a chimney, 15 windows, two single doors and a double door and expensive insulation.
However, engineer Eamon Prendergast, who designed the property for Sam McMillian of Ballyheefy, Killaloe, said the reconstructed barn fulfilled the criteria for exempted rural agricultural development and was to be used solely for the storage and drying out of fruit.
Mr McMillian has over 12 acres at the site that, over the years, he has developed into an orchard containing the majority of apple varieties available from Seed Savers in Scariff.
On foot of concerns expressed by Mr Perry, Clare County Council inspected the site earlier this month and assured the complainant that if the building were used for residential purposes it would issue enforcement proceedings against Mr McMillian.
The planning authority has also issued a Section Five application to Mr Perry that it will process to make another determination on the compliance of the structure under exempted development regulations.
News of the council’s intention to re-examine the development has been welcomed by Councillor Joe Cooney who stated it would provide clarification if the owner intended to use it, as previously stated, for agricultural purposes only.
Once the council deals with this application, Councillor Cooney said he
hoped it would allay the concerns of Mr Perry.
Mr Cooney admitted he would be extremely concerned if the owner proceeded to use this building for residential purposes without securing planning permission as several people in Ogonnelloe had found it extremely difficult to get planning approval for a permanent house on their own land.
Mr Prendergast of Professional Engineering Services in Newtown, Killaloe, said his client worked outside the country. He told The Clare Champion that he hadn’t heard anything from the council since July 2010 after he had provided detailed drawings and plans that were being strictly adhered to during the construction process.
According to documents released under the Freedom of Information Act, Mr Prendergast stressed in a letter to the council on July 14 last that no unauthorised development had occurred at the site location and that his client would be fully compliant with all planning regulations and associated exempt development classifications in regard to any construction.
Mr Prendergast pointed out the re-constructed barn, which has a gross floor area of 168 metres squared fulfilled the criteria for exempted rural agricultural development.
“My client recently planted over 700 apple/pear trees and the new barn is to facilitate the storage of apples/fruit in a controlled environment. The placing of insulation is a choice of the client and it can’t be deemed a structural component specific to dwellings.
“No sewage facilities form part of the design or construction. In fact, my client is endeavouring to build a state of the art structure in environmental terms.
“The design is not of a dwelling where the window openings are limited in number, there is no toilet facilities or services and the timber flooring as constructed is not a standard format for a dwelling.
“There is one chimney feature to maintain the character of the original barn and also to facilitate the potential use of a pot stove in the barn for heating. This building, however well constructed, is designed solely to be used as a storage facility, a barn and not a residence,” he stated.
Efforts to contact Mr McMillian proved unsuccessful.