An Coimisiún Pleanála overturns Council’s approval for Inishowen CVR test centre

A decision by Donegal County Council to grant retention permission for Inishowen’s closest Commercial Vehicle Roadworthiness (CVR) test centre in Newtowncunningham has been overturned by An Coimisiún Pleanála. 

There is currently no test centre on the peninsula, with other centres located in Letterkenny, Donegal Town, and Ballyshannon. 

After deliberating on the case, the Board refused permission due to concerns over the applicant not having “sufficient legal estate or interest in the land on which the septic tank is located” and was also refused due to fears that the sewage system could “lead to pollution or that it would not be prejudicial to public health.”

The applicant, David McDermott, had sought a change of use and part retention and completion of an existing commercial unit to facilitate a commercial roadworthiness test centre on the main Letterkenny to Derry road in the townland of Tonyhabboc. 

Mr McDermott was previously granted planning permission in the summer of 2023 for the construction of a commercial unit for the repair of commercial vehicles. 

In a cover letter submitted by McDermott's architect, Patrick Canning, it was outlined how during the development of the building, which is not yet completed, the applicant was approached by the Commercial Vehicle Roadworthiness Test Centre outfit seeking to see if he would be interested in adding a test centre to his existing development "given that the former commercial test centre in Inishowen had closed with no plans to reopen."

An objection to the development was submitted from Donna McCorkell, with many of her concerns broadly similar to the content of her observation made to the planning authority.

One of Ms McCorkell's main concerns related to the effect the business will have on the volume of vans and lorries on the Newtown road. 

“Especially if this development is to serve the Inishowen area, this will largely impact all traffic turning right onto the N13 from the R237,” which is the junction on the  Killea road adjoining Newtowncunningham and just over 200m from the road leading to McDermott Commercials, added Ms McCorkell.

Several issues were raised in the observation, with the substantive issue of road and traffic safety forming the basis of the third-party appeal but Ms McCorkell said in a detailed submission to the local authority that she had concerns over the applicant proposing to connect to an existing septic tank due to the “absence of information regarding the existing effluent treatment system which serves the development.”

Ms McCorkell also noted in her objection that the location of the wastewater treatment system lies “outside the site boundary on third party lands directly adjoining (2 folios). Which would raise concerns as to whether the applicant has any legal right to use the sewage system to provide wastewater treatment to serve the entire development.”

Mr McDermott had submitted documentation referring to a proposal to increase the capacity of an existing septic tank and percolation area, but the planning board stated it wasn't satisfied “that the land on which the existing septic tank and percolation area is located is in the ownership or control of the applicant, and therefore, the Commission is not satisfied that the applicant has sufficient legal estate or interest in theland on which the septic tank is located to enable the applicant to continue the use of the septic tank or carry out the proposed upgrade works.”

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The planning board also refused permission for the development over concerns that the wastewater system would lead to pollution or be harmful to public health. 

“The Commission is not satisfied that the applicant has demonstrated that the arrangements provided for dealing with wastewater disposal from the development are adequate to cater satisfactorily for the development, so that the development would not contribute to surface or groundwater pollution at this location, or that it would not be prejudicial to public health and would not cause pollution.