Laois plan for house in back garden overruled by An Bord Pleanála

Laois County Council's planning permission for a house in the back yard of a Mountmellick listed building, has been overturned by An Bord Pleanála.

Last January 2024 the application had been granted despite objections by neighbours on both sides. 

The plan by applicants Martin and Bernadette Nolan was to convert a derelict stone outbuilding into a four bedroom eight person, two storey house, in the back yard of a two storey terraced cottage on Park Street at Irishtown roundabout. It also involved demolition of an outbuilding.

The cottage is one of a row of Protected Structures.

Neighbour Allistair Pim of Anngrove Stud Farm had lodge the appeal to An Bord Pleanála. He had intitially objected to Laois County Council, on the grounds that the new house would be "wholly inappropriate" as it would be "in very close proximity" to the yards and paddocks which are used for bloodstock for thoroughbred racing horses. 

He also noted that when his late father David Pim sold two cottages to the applicants, "it was agreed and stipulated that no construction would take place at this location on the property".

Also objecting was neighbour Anthony Booth, resident of the bungalow next door. He objected on grounds including loss of privacy and light, right of way and parking.

The approval was given in Laois only after the applicants amended their plan greatly, going from demolition of a derelict stone outbuilding to instead converting it to become the townhouse. The applicants also agreed to reduce its size, face main windows away from neighbours, and add rear parking for vehicles to serve the two existing houses and the new houses. 

Mr Pim's grounds included the negative impact on his stud farm, the contravention of the Local Area Plan and the impact on the property of Anthony Booth.

In their decision to overturn the planning permission, An Bord Pleanála gave their reasons.

"Having regard to the existing character and the prevailing pattern of development in the area, and the site location to the rear of existing residential properties, it is considered that the proposed development, by reason of its proposed location, layout and design, would represent haphazard backland development, which would be out of character with its surroundings, and would be contrary to the proper planning and sustainable development of the area."

Furthermore, An Bord Pleanála said that regarding the proposed demolition near to protected structures, they were "not satisfied" that the impact had been adequately addressed. 

"Or that the reuse of existing structures in the manner proposed, conserves, protects or enhances the built heritage in accordance with the policy objectives for protected structures."

They however said there was no scientific evidence for a negative impact on Anngrove Stud Farm. 

The inspector had also registered concern with the demolition of a stone outbuilding, and said the impact on Mr Booth's property had not been properly assessed.