The operation of "a jacuzzi" in a domestic garage on the Ring of Kerry did not need planning permission, An Bord Pleanála has ruled.
A garage or store room at the rear of a one and a half storey detached house at Dunmaniheen, an elevated area overlooking the N72 near Killorglin with ribbon development, had been turned into what a neighbour complained was in reality a mini-health spa with extractor fans from the jacuzzi running all night and disrupting her sleep.
Neighbour and complainant Mary Coyle complained three extractor fans at the side of the garage, for taking the steam out of the bath, were operating full-time and running her sleep.
The sleep deprivation caused by the jacuzzi operation had led to health problems, she claimed.
However Stephen and Sinead O’Sullivan the house owners, said there had been “no construction of a jacuzzi building”, and no health spa and that Jacuzzi was for “private family use only.”
The jacuzzi was used approximately once a week during the daytime and the three external fans were used to extract moisture laden air from the building, the O’Sullivans said.
The garage was still a store room for a lawnmower and such and the jacuzzi was only part of it.
They also said it did not operate at night and noise levels were in any case very low.
Kerry County Council ruled it was exempt – and that turning the store room into a jacuzzi area was entirely in keeping with the original planning attached to the shed of "used for purposes incidental to the enjoyment of the house," and not for commercial or agricultural purpose.
Ms Coyle then referred the question to An Bord Pleanála.
The board's inspector Robert Speer visited the house to carry out an inspection. In his 14-page report, Mr Speer noted that the extractor fans were "of modest size,"; they were "discreetly positioned" and were therefore not visually obtrusive.
He said the garage structure did not contravene planning.
However he also noted there was “a low and steady hum” from the building despite the fact the bath was not in operation at the time.
“I would concede that during the course of my site inspection it was apparent that the plant in question was generating a low steady “hum” despite the jacuzzi bath itself not appearing to be in use ...”
The noise was too low to be an interference, he believed, and in any case noise was beyond the remit of An Bord Pleanála.
The board ruled in accordance with his conclusion that Jacuzzi operation in the garage/shed came within the terms of the planning ie that it could be used “for purposes incidental to the enjoyment of the house”. It also ruled that particularly the three mechanical plants attached externally under the eaves did not need planning permission.
These were “development but were exempted development,” the board ruled.