Developer needs planning permission to land helicopter

AN BORD PLEANÁLA has ruled that a property developer needs planning permission to land a helicopter on land near his home.

Michael O’Flynn, the managing director of O’Flynn Construction, referred the matter to the board after Cork County Council said, in 2007, that the use of a piece of land at his home in Kilcrea, near Ovens, Co Cork, for helicopter landings was development and was not exempted development.

Exempted development does not require planning permission.

Mr O’Flynn sought a ruling from the board as to whether the use of land for the landing and take-off of a helicopter on the grounds of his home at Rockfield House in Kilcrea “is or is not development, or is or is not exempted development”.

The matter was listed for decision on several dates in recent months but was deferred.

The board finally ruled on Thursday that the use of lands for the landing and take-off of a helicopter constitutes a material change of use of the land by reference to section 3 of the Planning and Development Act, 2000 and, therefore, comes within the meaning of “development”.

The board said the normal use of the subject lands is for use which is incidental to the enjoyment of the dwelling house.

It said a change in the use of the subject lands occurs for the time that a helicopter approaches, lands and takes off.

The use of lands for the taking off and landing of a helicopter is not a normal use of the lands at this location and is not consistent with the established use of the site, the board said.

It said the character of the use of the lands would be altered in planning terms by the proposed use for helicopter landings and take-off.

Taking these matters into consideration, the board said the works to create the said helipad and the said use of the land does not come within the scope of section 4 of the Planning and Development Act, 2000 — the section that defines exempted developments.

The board decided the use of land for the landing and take-off of a helicopter at Rockfield House is development and is not exempted development.

Mr O’Flynn applied to Cork Co Council in January for planning permission to build a helipad at his home.

The council has sought further information in respect of the application and a decision is awaited.

Irish Examiner

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