Law Management Blog

Just another Blog for Lawyers

Retrospective planning permission denied for log cabin in man’s garden

leave a comment »

Michael Taggert, a property developer from Co. Derry, has been refused his attempt to overturn a decision of the Planning Appeals Commission not to allow retrospective permission for his log cabin.

The cabin itself was glazed with mains water and electricity. It consisted of two floors with the downstairs including a living room, kitchen and store room and an upstairs room taken to be a bedroom.

In reaching his decision Mr Justice Treacy said “the commissioner formed the view that although the applicant’s building was described as a summer pavilion it was more than simply a garden room or gazebo. It was a substantial and fully fitted two-storey building and was capable of use as a separate dwelling unit and for planning purposes fell to be treated as self-contained accommodation.”

Mr Taggert had called for a Judicial Review of the decision claiming that policy had been misapplied, that the building was immune from planning enforcement and that there had been inconsistencies in the decision making. He had also questioned whether its removal was required to comply with enforcement of planning regulations.

However Mr Justice Treacy further noted “it is immaterial whether the farm complex and dwelling (at) the end of the lane are in the ownership of the applicant’s family. I accept the respondent’s contention that the only means by which to remedy the breach, restore the land to the condition it was in beforehand and remedy the injury to amenity was to require the removal of the structure. In a similar vein moving the structure to another location would not remedy the breach. In any event, as the respondent has pointed out, it would not be possible to move the cabin since this would still require planning permission in the new location.”

Written by Andrew Hodges

October 4, 2011 at 4:07 pm

Posted in Comment, LinkedIn

Tagged with ,

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: