Clare TD refused planning permission for family home by An Bord Pleanála

The board concluded the Clare TD has not demonstrated that he meets the necessary ‘economic need or social need’ criteria in the Clare County Development Plan and nor has he demonstrated that no alternative sites are available.

Mr Crowe lodged the planning application in his Irish name, C MacConcradha for the development at Cnoc na Fhraoigh, An Chreatalach, in July 2022, after previously withdrawing house plans for the area after encountering opposition.

The application discloses that the site was given to Mr Crowe by his late uncle, Tom Crowe, who died last September.

Mr Crowe had obtained planning permission from Clare County Council in September 2022 without disclosing his ownership of the other home in the area.

In the planning application form, a planning agent for Mr Crowe declared that the TD’s only other property was at Clonard, Westbury, Co Clare.

The appeals board planning file shows the inspector had initially recommended planning permission to Mr Crowe.

However, with the adoption of the new Clare County Development Plan 2023-2029 — which included new rules on the control of one-off houses in the countryside — the appeals board directed the inspector to seek new submissions on Mr’s Crowe meeting the criteria.

A 32-page addendum to the board inspector’s report reveals that, in January of this year, Mr Crowe disclosed the ownership of a second home at Woodcock Hill, Meelick.

The Crowe submission stated his personal circumstances have changed since the planning application was lodged initially.

It states that in July 2022, when the application was lodged with the council, Mr Crowe did have a home in the local rural area.

However, it states he did not have use of this house at the time of lodging the application, nor did he have use at the time the council granted permission on September 5, 2022, or at the time he responded to the third party appeal lodged in October 2022.

A letter from Mr Crowe’s solicitor, Michael O’Connor, details how Tom Crowe transferred ownership of his dwelling house to Mr Crowe in 2018.

The deed of transfer dated 14/11/18 reserved the right to exclusive residence of the dwelling house to Tom Crowe for the duration of his natural life.

The submission states that Mr Crowe, while the registered owner, was not entitled to possession of the property — nor was he entitled to rent, renovate, or extend it.

The submission states that Tom Crowe died on September 25, 2023, and upon his death, Mr Crowe obtained formal possession.

The submission states that Mr Crowe did not have recourse to inform the board of these changed circumstances under the planning acts. 

Based on the new information, inspector Adrian Ormsby recommended a refusal on May 31.

Asked to comment on the decision, Mr Crowe said: “Disappointed, but assessing the situation.”