Council permission for Letterkenny homeless accommodation overturned

An Coimisíun Pleanála has overturned Donegal County Council’s decision to retain the continued use of a Letterkenny guesthouse for emergency residential accommodation for homeless people who are in need of shelter and support.

The decision to overturn the previous decision on the Port Road facility was made despite a recommendation from An Coimisíun Pleanála’s own inspector, Ronan Murphy, to grant permission.

In May, Donegal County Council granted conditional planning permission for the site, which is situated to the rear of established commercial and service development fronting onto the Port Road and forms part of a small cluster of residential and guesthouse-related development served by an established private access road.

However, it was signed by An Coimisíun Pleanala’s Planning Commissioner, Mary Henchy, to overturn the ruling in September, despite the Commission noting that there had been letters of support from neighbouring properties, councillors, and the St Vincent de Paul organisation.

Reasons for refusal included drawings submitted with the appeal that show two bedrooms in the attic space, which differed from a permitted development for a self-contained apartment, and which is not referenced in the application; therefore, it was decided that to permit the continued use “would give rise to the consolidation of an unauthorised development.”

It was also stated that the applicant hadn’t provided details on “the nature of the emergency accommodation to be provided and the supports, if any,” and that the applicant had not “demonstrated how the guest house will operate.”

Originally, the Planning Authority’s area planner, according to An Coimisíun Pleanála Inspector’s Report, had noted that the proposed use would “provide strong policy support for the provision of a range of housing and accommodation solutions in Letterkenny,” and it was not considered that “the proposed use would seriously injure the residential amenities of adjoining properties.”

However, appellants to the proposals argued with several points, including that works consisting of the two-bedroom attic conversion were a “contravention of a condition attached to the parent permission” and no reference was made in public notices for the attic conversion.

It was argued that the proposed guesthouse would “significantly impact the privacy and enjoyment of neighbouring properties, affecting the quality of life for the residents on this road, who wish to maintain their privacy,” and that there was “no evidence that the current property has ever been used as a 'guesthouse’ as per original planning permission granted.”

The report stated the appellant’s views that: “The property appears to have been repurposed, without significant oversight, for institutional or semi-institutional accommodation purposes that contravenes the original planning application.”

Furthermore, there were “concerns from local homeowners that the property was never intended to be used as a guesthouse despite initial promises to homeowners and the intent was always to repurpose the 'guesthouse’ for institutional or semi-institutional use. This would be wholly inappropriate within a low-density residential zone and could set a concerning precedent. It also raises legitimate concerns about future regulatory compliance and planning enforcement difficulties.”

It was also argued that the type of proposed guesthouse “requires 24/7 management and staff accommodations to handle guests, address issues, and respond to emergencies,” and “without this, the property could become a source of uncontrolled activity, especially during late-night hours or weekends.”

An applicant response, received from Michael Friel Architects and Surveyors Limited, stated that the site’s location was “very convenient” to Letterkenny Town Centre, and therefore was “well-suited to providing accommodation” given the proximity to major shops and services.

The response acknowledged the bedroom conversion was done without planning permission, hence why retention permission was sought for the development.

Regarding the well publicised national homelessness issue, it was argued: “The Government have acknowledged time and again that there is a Housing crisis in Ireland as the number of persons either homeless or seeking emergency accommodation is higher than at any time recorded in the past.

“As a result of this crisis, there is an absolute need for each local Authority to provide accommodation solutions.”

The appellant further stated that the homeless accommodation building was “supervised at all times with a manager or similar person based on the site around the clock,” and that since the site’s operation as a guesthouse since 2023, there had been “no incidents where complaints have been made to the property owner or anyone else in regard to any impact of residential amenity which is brought to bear upon neighbouring properties.”

Planning Inspector Ronan Murphy recommended that permission be granted, noting: “The continuation of the change of use of the existing building for the accommodation for homeless people would not seriously injure the amenities of the area or of property in the vicinity, is consistent with the provisions of the Donegal County Development Plan 2024-2030 and the Letterkenny Plan and Local Transport Plan 2023-2029.”

However, his recommendation to grant permission was not accepted by the Planning Commissioner, who argued that to “permit retention and continuation of the use would not be appropriate as it would consolidate the use of an unauthorised structure.”