Bord Pleanála has ruled a Limerick businessman should have planning permission for landing a helicopter in his back garden.
In its third consistent ruling on the use of helicopters, the board found their use in a back garden and their storage in a "garden shed" constituted material changes of use in planning terms.
Businessman Noel Kearney, of The Paddocks, near Adare, had told Limerick County Council his occasional use of the helicopter was "completely incidental" to the enjoyment of his 4.5-acre home, which represented a safe and secure area for a helicopter to land and take off.
Mr Kearney said the competent authority to adjudicate on his use of the helicopter was the Irish Aviation Authority. This body had ruled a "rotocraft" or a balloon not being used for public transport may take off or land where there was no undue hazard, dependent on the permission of the landowner. In this case the landowner was himself.
On storage, Mr Kearney said the helicopter was not permanently stored at his home but was occasionally kept in the "garden shed", a building which had planning permission.
He also pointed out his home was located within one kilometre of three landing pads at the Woodlands, Adare Manor and Dunraven Arms hotels.
However, Mr Kearney's neighbours, Reg Freake and Tim O'Brien, disputed his position and claimed use of the helicopter constituted a hazard.
In a submission to the board, Mr O'Brien insisted planning permission granted to Mr Kearney was for a garden shed and not a helicopter hangar. He also said a second helicopter had appeared in the garden on occasions, and landing and taking off constituted a danger to cattle and horses. He said an equestrian accident had already occurred.
The case was referred to Bord Pleanála by Limerick County Council in October last year. In its findings, the board ruled the taking off and landing of the helicopter constituted a change of use from a rear garden by reason of noise and disturbance.
In relation to the shed, the board said the planning conditions restricted use of the shed to "purposes ancillary to the use of the house" which did not include the storage of helicopters.
The board has previously arrived at a similar determination in a case involving the landing of a helicopter in the back garden of a house in Castlebar, as well as in a case involving the landing of a helicopter on private open ground adjacent to Booterstown bird marsh in Dublin.
In the Castlebar case, the board determined the use of a garden at Lisnakirka, Milebush, as a landing pad and use of a shed as a hangar was an not an exempted development. In the third case, developer Bernard MacNamara was told by An Bord Pleanála a helicopter pad beside Booterstown Marsh is not exempted and would require planning permission.
