Tipperary man challenges planning refusal for temporary log cabin
A Tipperary man has appealed to An Coimisiún Pleanála after being refused permission to retain a temporary log cabin at the rear of his home during renovation works.
Gerard Purcell Junior applied to Tipperary County Council for planning permission to build an agricultural shed for use as general farm storage, as well as alterations and extensions to the house at Kilmore, Lisronagh, Clonmel.
Mr Purcell also applied to the local authority to retain a temporary log cabin on the site for him to live in while the works on the house were underway.
The council granted permission for the farm shed, and extensions to the house, but decided to refuse planning permission for the retention of the log cabin.
In their decision, Tipperary County Council said that the wastewater treatment plant that would be added in association with the log cabin would not be “in accordance with the EPA Code of Practice 2021,” which sets standards for wastewater treatment systems, and would be contrary to “a stated policy of the Tipperary County Development Plan”.
"The proposal to retain the temporary onsite accommodation would therefore be prejudicial to public health and contrary to the proper planning and sustainable development of the area,” the council added.
Mr Purcell has decided to appeal Tipperary County Council’s decision to not allow the retention of the log cabin to An Coimisiún Pleanála, saying that the decision to refuse it is “incorrect and misguided”.
An agent acting on behalf of Mr Purcell said that the standards in the county development plan referenced by the council “do not apply to this development”.
The section referenced “sets out the provisions in relation to new rural houses. This proposed development (retention of a temporary log cabin) is not a new rural house".
"It comprises temporary accommodation facilitating other elements of the application,” the agent said.
The agent said that wastewater and sludge from the proposed log cabin would be disposed of by being spread on the land or injected into it, which is in line with the Waste Management (Use of Sewage Sludge in Agriculture) Regulations.
“It is proposed that the septic tank be emptied once a month or as often as needed and that the sludge be spread on the land by injecting or otherwise working into the land, as permitted,” they said.
Today's News in 90 Seconds - Monday, February 23
The agent also added that allowing a temporary log cabin on the site is exempted development for people carrying out works on the site, for the period of time that works are underway.
"I submit therefore, that the log cabin wastewater treatment system submitted for planning as amended/clarified complies with the relevant regulations and standards, and that the reason stated for the refusal of the retention of the temporary log cabin is incorrect and misguided,” the agent said.
The log cabin with the wastewater treatment plant as described in the appeal would not be “prejudicial to public health or contrary to the proper development of the area,” the agent added.
The appeals body is expected to issue a decision by June 9.