OPW wins appeal over development at property beside Laois Garda Station

The Office of Public Works (OPW) has won an appeal lodged with An Bord Pleanála over  development at a property beside the Garda Station on Borris-in-Ossory's Main Street. 

Laois County Council previously granted Brendan and Trudi Kealy retention permission for an extension to their first floor residential kitchen which is over Kelly's Bar and is a protected structure. 

The Commissioners of Public Works own the  building beside it which is currently in use as an operational Garda Station. The OPW said the development could pose "security concerns for An Garda Síochána".

In their submission they said the Office of Public Works holds a Registered Right of Way through the archway of the subject property for access to the rear of the Garda Station. They outlined in the appeal that the elevated position of the structure "allows visibility into the Commissioners of  Public Works rear yard thus compromising Garda security and privacy for operational purposes.

"Individuals could observe Garda operations and activities and increasing potential for unauthorised surveillance," the documents state. 

The applicant said the extension was constructed c. 2007 and said "at no time during the construction  or intervening years have An Garda Siochana raised any concerns/objections regarding the development". They said the development does not diminish the Right of Way or its use and does not impinge on the archway height."

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Laois County Council granted permission for the application with five conditions attached. However this was then appealed to the national planning body. 

The board decided to refuse retention permission on the grounds that the development would 'injure the architectural character and special interest' in the protected structure.

"Having regard to the Laois County Development Plan 2021-2027, and in particular Policy Objective PS2 which seeks to protect and conserve buildings, structures and sites contained in the Record of Protected Structures, in accordance with “Architectural Heritage Protection Guidelines for Planning Authorities” 2004, and Policy Objective PS3, which requires that any development, modification, alteration, or extension affecting a protected structure, to be prepared by suitably qualified persons and accompanied by appropriate documentation, to enable a proper assessment of the works and their impact on the structure in line with best practice conservation standards, it is considered that the applicant has not demonstrated that the development proposed to be retained, by reason of its design including being raised above the principal eaves at the rear of the building and its use of corrugated metal cladding on the exterior, would not detract from the building form and seriously injure the architectural character and special interest of the subject property - a Protected Structure," the inspector stated. 

"It is considered that the extension constitutes an unnecessary and visually discordant feature on the rear of the subject building detracting from the setting of the Protected Structure and that the development would seriously injure the amenity of the area and would, therefore, be contrary to proper planning and sustainable development."