City Councillor Mike Crowe has lost his planning battle against a neighbour, whose unauthorised roof window, he complained, overlooked the rear of his pub in Bohermore

He had appealed to An Bord Pleanála against the decision of Galway City Council to allow retention of a number of changes to a dormer bungalow at 28 Forster Court, subject to conditions.

The owner of the house, Kenneth McDonagh, whose property backs on to the rear of Crowe’s Bar, accused Mr Crowe of making “vindictive” submissions to the local authority, in his own appeal against the conditions set down by the council.

Enforcement proceedings had been initiated some years ago by Galway City Council against Mr McDonagh on the basis that city planners felt that internal changes amounted to dividing the property into separate units, which was not allowed under the original grant of planning permission for the house in 2008.

Mr McDonagh subsequently applied for planning permission to retain an additional roof light to the rear, three windows at ground floor level and a side entrance door.

Galway City Council granted planning permission for retention last year, subject to several conditions, involving a reorganisation of the internal layout and the removal of the side entrance door.

But the decision was appealed to An Bord Pleanála by Mr Crowe, who, in his submission to planning appeals board, said that the property had been divided into multiple units contrary to the City Development Plan and had a number of unauthorised openings, including a roof window which overlooked his property, Crowe’s Bar.

He alleged Mr McDonagh had no regard for proper planning or sustainable development on this property and “no regard for the owners of adjoining properties, particularly mine”.

Mr Crowe said that decision reached by the local authority “seems bizarre” in view of concerns raised by a city planner’s report last July which recommended refusal of retention permission.

The conditions ultimately imposed by Galway City Council in granting retention were “unrealistic” and “a straight refusal without any ambiguity is what is deserving in this case”.

He concluded that the decision by the local authority allowing for the retention of the rooflight looking down on his property was “quite frankly peculiar”’

Kenneth McDonagh, in his appeal submission to An Bord Pleanála, said that the property had required necessary improvements both to comply with Fire Safety Building Regulations and to meet modern living standards of professional tenants.

He insisted that the property, which had been derelict for a number of years before he purchased it in early 2017 and carried out some internal modernisation, had not been subdivided and remained as a single residential unit accommodating four tenants.

“The appellant welcomes the grant of Retention Permission Ref No. 23/235 on the back of complaints and vindictive submissions made to Galway City Council by the licensee and licensee nominee of Crowe’s Bar,” said Mr McDonagh’s submission.

However, the requirements of some conditions laid down by the City Council were “not warranted” and he sought their removal, though he was willing to replace the glass door with fixed glass.

An Bord Pleanála Inspector Kathy Tuck, in her report to the board, said she considered that the amended layout of the property could allow for the subdivision of the dwelling, and she had concerns that some of the bedrooms were below required sizes.

The inclusion of the City Council’s conditions would overcome these concerns, ensuring that the unit remain solely as a single residential unit.

“The premise behind this condition … appears to be the overriding concern of the Planning Officer that the subject dwelling is used as a multi-habitable dwelling,” she added.

In relation to the appeal by Mr Crowe and his objection to the roof window facing his property, she said: “On balance, I do not consider that the subject window would give rise to issues of overlooking having regard to the use of the room [for storage].”

The Board of An Bord Pleanála decided to grant planning permission for the retention of the changes to the external façade, including the roof light, three windows and side entrance door.

It said that in not accepting the recommended conditions of the Inspector, the Board was satisfied that the amendments to the external facade of the existing dwelling represented minor changes.

These, it said, “would not render the existing dwelling inconsistent with the other premises in the residential neighbourhood and would not seriously injure residential amenity in the area”.

A condition of the granting of permission is that Mr McDonagh must submit to the City Council revised floor plans and drawings showing the changes to the external façade.

A further condition is that the property must be used as a single dwelling only.

Pictured: City Councillor Mike Crowe complained of a rooflight window overlooking his pub on Bohermore.