A farm repair business in Co. Laois has been denied planning permission by An Coimisiún Pleanála for retention of extensions to sheds.

The appeal had been brought to An Coimisiún Pleanála by two persons with an address in Mountmellick, against the decision on July 7 of Laois County Council to refuse permission.

The application for retention concerned an extension to two sheds, as well as partially changing the use of both sheds from domestic to commercial - and all associated site works - at the Mountmellick address.

In a decision on November 27, An Coimisiún Pleanála backed the decision of Laois County Council, finding against the appeal.

The subject site refers to a dwelling and 0.492ha plot located approximately 2.6km to the south-west of Mountmellick town.

The site comprises a single storey dwelling and two sheds in the rear concrete yard. There are two vehicular entrances from the road, one providing direct access to the rear yard.

There is a neighbouring dwelling on the site to the immediate north-east.

According to the grounds of the appeal, the site is a family-run business carrying out farm repairs and light fabrication work, and that up to 60% of work is carried out on site and away from the yard.

The grounds for appeal also said that nearest dwelling is 40m away, and that normal working hours would be observed.

The appeal also stated that a "small, family-run business" would not be viable in a zoned location.

Refusal of appeal

The decision to refuse the appeal and back the county council's decision to deny planning retention rested partially on a policy of Laois County Council on commercial developments in rural areas.

That policy states that developments will not be approved where, among other things, it fails to protect, or damages, amenities.

The policy also says that justification is required as to why a proposed development should be located in a rural area instead of a settlement where adequate zoning is in place.

In coming to the conclusion to refuse the appeal, the An Coimisiún Pleanála inspector's report said that "there are no specific locational requirements" of the development that justifies or necessitates its location in a rural area.

"Furthermore, having regard to the specific nature of the development and proximity of the adjacent residential property, it is considered that the ongoing operation of the development would be injurious to residential amenity by reason of noise and disturbance," the inspector's report added.

The report concluded that the development is contrary to Laois County Council's development strategy and would not be an appropriate rural commercial enterprise in this location, and therefore would be contrary to the "proper planning and sustainable development of the area".