Planning Portal

Planning Service To Act On Handling Plant At Finnebrogue

Published on Thu, 18 Nov 2004
DOE Planning Service has announced that it will reactivate its enforcement proceedings against the owner of a game farm handling plant in Co Down
This follows last week’s decision by the Planning Appeals Commission to dismiss the appeal for planning permission by Mr Denis Lynn.
A spokesperson for the Planning Service said: "Operations at Finnebrogue were not being carried out in accordance with the original approval made in 2000 and warning letters had been sent to Mr Lynn at the time. Mr Lynn submitted a retrospective planning application and subsequently appealed to the PAC to decide the application before the Planning Service could do so. It is that appeal which now has been dismissed by the PAC.
"We are carefully considering the detail of the PAC decision. However, the way is now open for DOE to reactivate its enforcement proceedings to ensure that the original approval is complied with.
"This action by the Planning Service clearly signals our intention to deal firmly with developers who would break planning regulations".

Notes to Editors

  1. Planning approval was granted in March 2000 for a game farm handling plant and associated uses at Finnebrogue, County Down. The applicant was Mr Denis Lynn.
  2. The development however, was not carried out in accordance with the approval. This was first brought to DOE’s attention in November 2001.
  3. At that time, enforcement action was initiated against the breach of planning control but suspended when the developer subsequently submitted an application for retrospective approval intended to regularise the breach.
  4. Before DOE could finalise its consideration of the new application, the applicant lodged a non-determination appeal with the Planning Appeals Commission (PAC).
  5. The PAC, as part of its consideration of the appeal, determined that an Environmental Statement was required and the appeal was eventually heard in September 2004.
  6. The PAC published its report on the appeal on 12 November 2004 and its decision on the proposal is a refusal.
  7. While the PAC decision and report raise a number of complex issues which DOE is considering, the refusal means that the development of the farm game handling plant remains unauthorised.
  8. DOE now intends to reactivate the enforcement action it began in 2001.
  9. Despite the views expressed by the PAC Commissioner in relation to the 2000 approval, that permission remains valid.
  10. For further media queries please contact Brian Kirk on 028 9054 0013
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