Mr Price granted leave to challenge planning decision for Athy store

An Bord Pleanála had decided that the premises only has planning approval to operate under its previous use as a car sales showroom

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The High Court has granted leave to Mr Price’s operators to challenge a decision that it must obtain planning permission to operate its store in Athy, Co. Kildare.

According to a ruling by An Bord Pleanála,  the premises only has planning approval to operate under its previous use as a car sales showroom.

However, Corajio Unlimited, trading as Mr Price Branded Bargains, has stated its belief that the shop did not require change-of-use permission because it was an exempted development.

According to a report in The Irish Times, Corajio stated it opened the shop in 2018 after two years’ involvement in the planning system when it sought a declaration under planning legislation that the change of use was exempted.

According to the retailer, it was left with “no commercial option” apart from fitting out the store in 2017 following An Bord Pleanála’s delay in making a decision regarding the exemption declaration.

However, in January 2018,  An Bord Pleanála decided it was not exempted. Kildare County Council then issued a warning letter to Corajio stating the premises did not have permission to operate as a Mr Price store.

Corajio alleges that the board erred in law and took into account irrelevant considerations in making its decision. The retailer claimed the board was also mistaken in concluding the change of use would contravene a condition of the original permission for the car showroom.

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