Killygordon company wins planning permission despite inspector's recommendation

An Coimisiún Pleanála granted a retention planning permission for the change of use of an existing residential dwelling to office accommodation for Nomadic Foods Ltd near Killygordon, despite a planning officer’s recommendation to refuse the application.

Nomadic Foods Ltd, a yoghurt company established in 1998, and based in Crossroads, south of Killygordon, had applied for a residential dwelling, based near the headquarters, and next to a car park to become office accommodation.

Donegal County Council had granted planning permission in May.

The given reason by the Planning Officer to refuse Nomadic Food Ltd’s application, in his opinion, was that it would “be prejudicial to public health and would be contrary to the proper planning and sustainable development of the area,” and that An Coimisiún Pleanála were not “satisfied that effluent from the recommended wastewater treatment system can be satisfactorily treated and disposed of on the site.”

A “failure to adequately demonstrate that there would be no adverse impact on ground or surface waters, which may result in the deterioration of existing water quality of the Killygordon watercourse and Killygordon groundwater body.”

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Appellants to the development argued that “the premises has been operating since August 2024 without permission” and that “rather than enforcing against this breach, the Council granted retention, which sets a precedent that undermines the integrity of the planning system.”

It was also alleged that “Nomadic Foods have been contacted regarding illegal parking on footpaths and obstructions to road users” as well as there being “inadequate parking provision.”

In conclusion, the appellants said “the development has already disrupted local amenity and is incompatible with the residential character of the area,” and “the approval sets a worrying precedent for unauthorised commercial expansion into residential zones.”

In response, Nomadic Foods Ltd commented: “The dairy and food production plants are established and form part of the socio-economic fabric of the area,” and “the assertions of the appeal seem to be unrelated to what is proposed.”

Despite the recommendation of refusal from the planning inspector, An Coimisiún Pleanála granted the application permission with seven conditions.

The commission decided that “the proposed development would not seriously injure the residential amenity of neighbouring properties, and would be acceptable in terms of public health and pedestrian and traffic safety.”

Furthermore, in deciding to refuse the planning inspector’s recommendation, it was also concluded that “the site was suitable for the satisfactory treatment and disposal of wastewater and the Inspector’s assessment that the proposed treatment system and sand polishing filter were suitably sized.

“The Commission decided, given the large area of land available for the provision of an infiltration area, that the details of the location of the infiltration area could be agreed with the planning authority by condition, as suggested by the Inspector.”