The Republic's rapidly rising number of helicopter owners have been given bad news from An Bord Pleanála in a ruling against a Limerick businessman who had sought to occasionally keep his machine in his back garden.
Businessman Noel Kearney, of The Paddocks, near Adare, Co Limerick, had sought permission for his helicopter landing facilities on the basis that it was "completely incidental" to the enjoyment of his 4.5-acre home. The property represented a safe and secure area for a helicopter to take off and land, he had argued.
However, it was the second disappointment for Mr Kearney, who had previously maintained he did not need planning permission. Mr Kearney said the competent authority to adjudicate on his use of the helicopter was the Irish Aviation Authority.
That body had ruled a "rotocraft" 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 Mr Kearney.
Mr Kearney also pointed out that his home was located within 1km of three landing pads, at the Woodlands, Adare Manor and Dunraven Arms hotels. However, Mr Kearney's neighbours disputed his position and claimed that use of the helicopter constituted a hazard. They claimed that a second helicopter had appeared in the garden on occasions, and landing and taking off constituted a danger to cattle and horses.
In deciding that the use of the helicopter from Mr Kearney's home did require planning permission, the board was following a precedent in a case involving the landing of a helicopter in the back garden of a house in Castlebar.
It had also ruled that the use of a helicopter by the property developer Bernard McNamara on private open ground adjacent to Booterstown bird marsh in Dublin required planning permission.
Following An Bord Pleanála's determination that the use of the helicopter did require planning permission, Mr Kearney applied and was refused permission last November by Limerick County Council.
His appeal of that decision was turned down by An Bord Pleanála on June 15th last.
In that ruling, the board noted that it was overturning its own planning inspector's recommendations.
The board said it had regard to "the size of the site and the pattern of development in the vicinity" as well as noise and general disturbance.
The decision is bad news for the State's growing number of helicopter owners.
According to a spokesman for the Irish Aviation Authority yesterday, there were just 34 helicopters registered in Ireland in 1995. The figure had grown to 120 10 years later, and at the end of 2006 had risen to 129. By June of this year, the number of registered helicopters stood at 146.
The spokesman said that the helicopters were increasing in popularity more rapidly each year, something which may be attributed to increasing prosperity.
However, he said that "there are rules about where a helicopter can land".
