Go-ahead for redevelopment of Bank of Ireland in Dungloe after right of way concerns

An Bord Pleanála has granted permission for the old Bank of Ireland building in Dungloe to be turned into a cafe and B&B.

It follows an appeal centred on a right of way at the location with the planning body ruling that it cannot adjudicate on such matters.

Eighter Properties Ltd is planning to turn the former bank at Lower Main Street into ground floor cafe with the first and second floors of the building to become a bed and breakfast.

Donegal County Council had given the go ahead for the works, but Pat Gallagher, who owns a property immediately adjacent to the planning application site, subsequently lodged an appeal to An Bord Pleanála.

“I had no objection with the initial planning application and for that reason did not lodge an observation during that prescribed period,” Mr Gallagher wrote in a submission.

Mr Gallagher said a revised site plan, following a request for further information by the local authority, had a right of way “across my land to serve as access to the now proposed car parking spaces to the rear of their building”.

Mr Gallagher said he did not give permission nor was he approached about allow a right of way. 

He raised a concern over the use of a small alleyway for vehicular access, adding: “If vehicles were to pass in such proximity to the entrance door, I will not be able to safely use this office space. This is a huge safety concern to me and the tenants in the building.”

Donegal County Council wrote to the planning body and said it concerted any dispute over a right of way entitlement to be “a legal matter outside the remit of the planning system to adjudicate upon and the onus rests with the applicants to ensure their legal right to the development.”

The applicant, in a response to An Bord Pleanála, said the assertion that not right of way exists “is acknowledged.However, a long established and legally recorded right of way does exist along the alleyway”, which it says is provided in a deed of conveyance and dates back to the 1930s.

They say the right of way was in use by Bank of Ireland until 2021 and aded that the alleyway has been used by both pedestrians and vehicles with no issues recorded to date.

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In its decision, An Bord Pleanála said that issues over title or rights of way “are not matters which can be adjudicated by the Board…the planning system is not designed as a mechanism for resolving disputes about title to land or premises or rights over land; these are ultimately matters for resolution in the Courts.”

This is, they say, “a civil matter” and An Bord Pleanála upheld the decision to grant permission with 10 revised conditions set down.