MKA Win Landmark First Planning Appeal to Discharge Existing Planning Agreement

• 21st February 2013
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• mkaplanning

MKA Planning has won the first planning appeal in Northern Ireland to the PAC to discharge an existing planning agreement on a grant of planning permission for a vehicle workshop conversion business in the countryside.

The planning agreement required any commercial activity to cease at the Appellant’s home permanently and the relocation of all plant/machinery to the approval site.

MKA Planning successfully argued that after 5 years the planning agreement served no further useful planning purpose.

The existing store at the Appellant’s home had been approved as a domestic store and planning permission would now be required for a commercial use to recommence after ceasing for more than 5 years.

The Commissioner concluded that the planning agreement was no longer necessary to ensure that the appeal store is not used for business, commercial or industrial purposes.

The DOE argued that the commercial use of the store had not been abandoned and therefore the Appellant could recommence commercial activity without the agreement in place.

To view a copy of the PAC decision click below.

PAC Decision