This article is from page 14 of the 2006-05-09 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 14 JPG
OBJECTORS to a proposed pigeon loft in Ennis have cited An Bord Pleanála precedent where planning permission has been refused for lofts in urban areas.
Last month, Ennis Town Council granted permission to May Guilfoyle to retain a pigeon loft at her home at 26 Marian Avenue, Ennis, in spite of opposition from neighbours, John and Mary Flynn, 24 Marian Avenue.
However, in the appeal lodged by the Flynns, their planning consultant, Michael Leahy states, “We believe there is significant precedent in respect of An Bord Pleanála decisions in regard to pigeon sheds in narrow confined areas which establish that such facilities do injure the amenities of nearby premises”.
Mr Leahy referenced one such development in Jamestown Road, Finglas which was subject to a Bord oral hearing.
“In that instance, the inspector concluded that the development was contrary to the zoning objective for the area. We therefore believe that a similar logic should apply in this case,” he said.
“We do not see that the council has adequately sought to protect the Flynns’ amenity. While a pigeon loft may well be appropriate in a wide suburban location where there is adequate room for birds to come and go without interfering with their neighbours, this is certainly not the case in Marian Avenue where the birds have caused nuisance in regard to swirling, wheeling, feathers and bird droppings.”
Mr Leahy said that the Flynns will have no option to move if planning permission is granted.
“My clients object to the proposal on the basis of noise, nuisance, dirt and loss of amenity of their primary amenity space namely their facing back garden,” he added. “My clients’ children are afraid of the swirling of birds, and the noise and nuisance created by them.”
He added that the Flynns now regard themselves as prisoners in their own homes and “this has created an intolerable strain for them and creates a very difficult situation in which they cannot enjoy the reasonable amenity of their own private dwelling house.
A decision is due later this year.