An Bord Pleanála
PLANNING AND DEVELOPMENT ACTS 2000 TO 2004
Planning Register Reference Number: PD 05/861
APPEAL by Airdeall faoi chúram Comhdháil Náisiúnta na Gaeilge, 46 Sráid Cill Dhara, Baile Átha Cliath against the decision made on the 2nd day of November, 2005 by Waterford County Council to grant subject to conditions a permission consequent on the grant of outline permission to Stephen Dunford and Richard O'Connor care of CMG Architects of 22 South Bank, Crosses Green, Cork in accordance with plans and particulars lodged with the said Council.
PROPOSED DEVELOPMENT: Erection of 17 number dormer style dwellings, roadway and ancillary works at Mweelahorna, Ring, County Waterford with access from roadway granted under planning register reference number 04/125.
Having regard to the nature of the condition the subject of the appeal, the Board is satisfied that the determination by the Board of the relevant application as if it had been made to it in the first instance would not be warranted and directs the said Council under subsection (1) of section 139 of the Planning and Development Act, 2000 to AMEND condition number 19 so that it shall be as follows for the reason set out:
19. Prior to commencement of development, the applicant shall enter into an agreement with the planning authority, in accordance with the provisions of Section 47 of the Planning and Development Act 2000, to ensure that appropriate proportions of the dwellings hereby permitted shall be restricted to occupation by persons who have demonstrated to the planning authority a reasonable fluency in the Irish language, and/or persons native to Ring. The agreement shall, in particular, provide that:
(1) No fewer that 10 houses, that is 60% of the total residential element, shall be restricted to occupation by persons who have demonstrated to the planning authority a reasonable fluency in the Irish language and the following provisions shall apply -
(a) The restriction shall apply for a period of 15 years from the date of this order.
(b) The standard of fluency required shall be the standard required by the Department of Community, Rural and Gaeltacht Affairs for the purposes of obtaining a grant under the Gaeltacht Housing Scheme and shall relate to the head of the household.
(c) The restriction shall apply to households who occupy these dwellings, whether as owners, lessees or tenants, other than holiday lettings for periods of one month or less (the total of which shall not exceed three months in any one calendar year).
(2) The remaining houses shall be restricted to occupation by persons native to Ring and the details of this restriction shall be as provided for in Chapter 3 of the current Waterford County Development Plan, which effectively requires such conditions to be as outlined in Appendix 1 of the Sustainable Rural Housing Guidelines for Planning Authorities issued by the Department of the Environment, Heritage and Local Government in April, 2005.
Reason: In order to protect the language and cultural heritage of this Gaeltacht area.
Member of An Bord Pleanála
duly authorised to authenticate
the seal of the Board.
Dated this day of 2006.