O'Murthuile v ABP and Ors (Approved)

The Applicant has challenged the decision of An Bord Plean�la dated 5 th December 2023, to grant retention permission to the Notice Party in respect of works at Townlough Upper, Portroe, Nenagh, Co. Tipperary. (ref. ABP- 315285-22). A n Bord Plean�la has since been replaced by An Comisi�n Plean�la ('the Commission') and, in accordance with section 495(3) of the Planning and Development Act, 2024, all references herein are to the Commission.

The works authorised by the retention permission include renovations and alterations to an existing house, septic tank and percolation area and the provision of a gravel parking area and other associated site work, (the ''proposed development''). A number of previous applications had been made in respect of the same property. Those applications were either refused, withdrawn or deemed withdrawn. An enforcement file was opened by Tipperary County Council and an enforcement notice was issued to the Notice Party on 4 th August 2022.

The Applicant contended that the impugned decision was invalid on six core grounds, which were particularised in the Statement of Grounds, filed the 7 th February 2024.

The Applicant asks this court to certify the following questions for appeal to the Court of Appeal. He submits that these amount to points of law of exceptional public importance arising from the principal judgment, and he submits that it is desirable in the public interest that an appeal should be taken to the Court of Appeal on these points:

    Does the resumed residential use of a derelict dwelling house require planning permission?