Galway woman successfully appeals planning rejection to the High Court
An animal lover who wants to develop a facility for the breeding of horses, has been granted planning permission in the High Court – after a long and complicated eight-year planning saga.
Rachel Konisberry was refused planning permission for the facility by both Galway County Council and An Bord Pleanála – but she took the matter to the High Court, where she succeeded in her application.
The court was told that Ms Konisberry was challenging the decision of An Bord Pleanála in May 2020 to refuse her planning permission to demolish part of an existing agricultural shed on lands located at Rinville West, Oranmore.
Ms Konisberry breeds horses and since 2016 she has been trying to secure planning permission for an agricultural shed for this purpose on her lands.
In the High Court, Peter Bland SC for the applicant, outlined that Ms Konisberry applied for the retention and completion of an agricultural shed consisting of stables covering an area of over 193 square metres – but this was refused by the Council’s planners.
She appealed this decision to An Bord Pleanála who affirmed the ruling of the local authority and also refused permission. An inspector with the Board recommended that planning be granted but this was not taken on board.
The grounds for refusing permission were on the basis that it would constitute a large shed on an a relatively small holding and would be separate from any larger farm complex.
It was further stated that the access to the stables would be by a circuitous route from a local road. The Board felt that sight distances would be a safety issue in relation to this road given a potential increase in the number of vehicle activity.
They felt that sight distances in both directions could not be achieved, and the development would result in a traffic hazard.
But now planning has been granted by the High Court who stated that the proposed development would not injure the amenities of the area or property in the vicinity.
The High Court instructed that no additional buildings be erected on the site unless planning permission is granted. This is in the interest of visual amenity.
The stables shall only be used in strict accordance with a management plan. This will involve the details of the number and types of animals to be housed and an appropriate waste management plan.
This is in order to avoid pollution and to protect residential amenity in the immediate area.
Pictured: The location at the heart of the dispute.