Bord Pleanála rules against Clifden Mart chipper van

Anton McNulty

AN Bord PleanΡla have ruled that the use of a chipper van which has been operating in Clifden Mart car park for the last ten years is an unauthorised development.
The planning authority made their ruling after the matter had been referred to them when Galway County Council issued the chipper’s operator, Mark Furniss, with an enforcement order in relation to unauthorised development at the location.
The chip van has been operated by Mr Furniss for the last ten years in Clifden Mart car park where he traded when activities were taking place on the site.
However, issues arose in January 2015 when Galway County Council issued Mr Furniss with a warning letter in respect to the unauthorised operation of the chipper. Mr Furniss continued to operate despite being informed to ‘cease to operate’ his catering business with immediate effect.
He contended he had not carried out any unauthorised development and in response to the warning letter, claimed that he parks his van in the mart car park while other activities are underway.
On a large sale day, he argued that there could be ten casual traders in the Mart including feed sellers, tool sellers and poultry selling and his chipper van should be seen as part of this trading.
Following Galway County Council’s most recent enforcement officer, Mr Furniss has not been trading at the site but he referred the matter to An Bord PleanΡla (ABP) and requested that they overturn the decision of the local authority.
In submissions to ABP, two complainants, Patricia O’Toole and Edward Byrne took issue with Mr Furniss’s suggestion that he only operated when other activities are taking place at the Mart.
Empty car park
They stated his chipper van is parked in the empty car park each week from Thursday to Sunday and this operation was carried out when the business park where the mart is located is closed for other business.
In response, Mr Furniss accepted he did operate four evenings a week but claimed some businesses such as the NCT centre and garage remain open later into the evening.
In the planning report, the inspector Angela Brereton stated that development for amenity or recreational purposes such as fairs, circuses and the placing of tents, vans and other temporary or movable structures on land is exempted development.
However, this is subject to conditions including that the land shall not be used for any such purposes either continuously for a period exceeding 15 days or occasionally for a period exceeding in aggregate 30 days in any year.
Having regard to the conditions and limitations, Ms Brereton found that the sitting of the chipper van for four evenings a week in the mart car park does not meet this criteria and found that the chipper is development and is not exempted development.