The Hill of Tara is among a number of sites which have been nominated for inclusion on the country's list of possible United Nation world heritage sites.
Campaigners against the route of the M3 motorway in Co Meath have joined with heritage groups in submitting proposals to an advisory group set up by the Minister for the Environment, Heritage and Local Government John Gormley, to review the list of Irish sites.
The existing tentative nomination list for world heritage sites dates back to 1992 and includes Killarney National Park, the Burren and Clonmacnoise.
Deadlines for submissions for inclusion on the revised list close today.
Vincent Salafia of TaraWatch said: "We have nominated Tara to be a World Heritage Site, but only on
condition that the M3 motorway is re-routed first."
"It would be a breach of the World Heritage Convention for Unesco to approve Tara, with the M3 going through the site," he said.
Tarawatch and the Campaign to Save Tara have said the Hill of Tara complex qualifies for World Heritage status as a natural and cultural landscape of outstanding universal value, due to its unique cultural significance, and the extent of the surviving remains.
Campaigners believe that if they can have the site designated as a United Nations Educational, Scientific and Cultural Organisation (Unesco) site, then changes would have to be made to the route of the controversial motorway, which runs close to the Hill.
“We’d love it if the whole area was chosen to be a world heritage site but because of the destruction that has been caused by the work on the M3, there is a worry that it might be refused," said Dr Muireann Ni Bhrolchain of the Campaign to Save Tara group.
Minister Gormley has previously said he supported the plan to have the Hill of Tara considered as a world heritage site as a means of preventing future development in the vicinity of the site.
There are currently three Unesco world heritage sites on the island of Ireland. These include The Giant’s Causeway in Co Antrim which was inscribed in 1986 and Brú na Bóinne in Co Meath which include the neolithic monuments of Newgrange, Knowth and Dowth and which was granted recognition in 1993. Skellig Michael in CO Kerry was inscribed in 1996.
The World Heritage List currently has 878 properties: 679 of which are cultural, 174 natural and 25 mixed in 145 States Parties. Among the sites are the Alhambra in Spain, Timbuktu in Mali, the Red Square in Russia and the Taj Mahal in India and the Acropolis in Greece.
Irish Times
www.buckplanning.ie
Friday, 30 January 2009
Dunne plans revised application for Ballsbridge high rise
Businessman Sean Dunne said this evening he would submit a revised application to develop the Ballsbridge site after his controversial €1.5 billion high rise development was rejected by the planning authorities.
In its ruling, announced earlier today, An Bord Pleanála said Mr Dunne's proposed scheme represented a "gross overdevelopment" in the area.
Mr Dunne paid €450 million for the Jurys and Berkeley Court hotels and an adjoining site in Ballsbridge in 2005.
Mr Dunne had sought permission for residential, retail and office development on the seven-acre site of the former Jurys and Berkeley Court hotels.
The city council earlier this year granted permission for the bulk of Mr Dunne's development last March but refused permission for the 28,000sq m of offices proposed and a 37-storey 136-metre tower. Mr Dunne appealed to An Bord Pleanála.
Rejecting the appeal this morning, An Bord Pleanála said: "It is considered that the proposed development, by reason of its scale, massing and height (notwithstanding the high quality of the architectural treatment of the individual buildings), would constitute gross overdevelopment and over-intensification of use of the site, would be highly obtrusive, would seriously injure the visual amenity of the area and would constitute an inappropriate design response to the existing context of the site, making a radical change in the urban form of the area, at odds with the established character of Ballsbridge."
An Bord Pleanála said the plan would have a significant adverse impact on the streetscape and on the setting and amenity of existing buildings in the vicinity. It also said it was not satisfied that the development "would bring about a high quality environment for future occupants."
In a statement released this evening, Mr Dunne's property firm Mountbrook said it was "very disappointed" by the decision but it would consider An Bord Pleanála's ruling before submitting a revised application.
"The proposed development would have broken the mould for Ireland in terms of providing a high class mixed use development on this strategic site," it said.
"The significant economic benefits and job creation opportunities of the proposed development would have created a much needed boost to Ireland in these current harsh economic times.
The proposed development represents four years hard work, €15 million in professional fees including the commissioning of an international architectural competition resulting in a world class design by Henning Larsen Architects," it said.
The firm also said the company was "disappointed for the Ringsend and Irishtown residents as the proposed development provided for a new community centre in Ringsend including sports hall, 100 place creche, day care centre, youth club, including offices and health services."
Some 36 appeals against the development were made to the An Bord Pleanála board, including one from financier Dermot Desmond, while an unprecedented 90 appeals were made in support of Mr Dunne's scheme.
During the hearings on the proposals, Dunne's scheme was described as 'oppressive and monolithic' by barrister Colm MacEochaidh, who represents 21 appellants opposing the high-rise plan.An Bord Pleanála Also heard claims that Mr Dunne orchestrated a large-scale letter-writing campaign to persuade Dublin City Council to grant permission for his high-rise development.
Fine Gael described today's judgement as a victory for the local community.
"This development should never have been considered in the first place. It was the wrong development for the wrong place at the wrong time," said Lucinda Creighton, Fine Gael Dublin South East TD
“This proposal was totally out of character with the local area. Dublin City Council’s decision to give it partial permission highlights the lack of vision or a coherent plan for the future of Dublin City. It also shows that the City Council is prepared to grant planning permission for developments in flagrant contravention of the City Development Plan," she added.
The Green Party’s representative in the area, Dave Robbins also welcomed the decision to refuse the application.
"Hopefully, this decision will send out a signal that the era of developer-led development in our city is at an end. The time for proper, sustainable, transparent planning is now," said Mr Robbins.
Mr Dunne recently told the New York Times newspaper that he believes his ambitious plans for Ballsbridge can still succeed, despite the recession and property market crash.
As well as the Jurys/Berkeley Court site, Mr Dunne owns Hume House, also on Pembroke Road, which he bought for €130 million and where he hopes to build a 14-storey office block.
Irish Times
www.buckplanning.ie
In its ruling, announced earlier today, An Bord Pleanála said Mr Dunne's proposed scheme represented a "gross overdevelopment" in the area.
Mr Dunne paid €450 million for the Jurys and Berkeley Court hotels and an adjoining site in Ballsbridge in 2005.
Mr Dunne had sought permission for residential, retail and office development on the seven-acre site of the former Jurys and Berkeley Court hotels.
The city council earlier this year granted permission for the bulk of Mr Dunne's development last March but refused permission for the 28,000sq m of offices proposed and a 37-storey 136-metre tower. Mr Dunne appealed to An Bord Pleanála.
Rejecting the appeal this morning, An Bord Pleanála said: "It is considered that the proposed development, by reason of its scale, massing and height (notwithstanding the high quality of the architectural treatment of the individual buildings), would constitute gross overdevelopment and over-intensification of use of the site, would be highly obtrusive, would seriously injure the visual amenity of the area and would constitute an inappropriate design response to the existing context of the site, making a radical change in the urban form of the area, at odds with the established character of Ballsbridge."
An Bord Pleanála said the plan would have a significant adverse impact on the streetscape and on the setting and amenity of existing buildings in the vicinity. It also said it was not satisfied that the development "would bring about a high quality environment for future occupants."
In a statement released this evening, Mr Dunne's property firm Mountbrook said it was "very disappointed" by the decision but it would consider An Bord Pleanála's ruling before submitting a revised application.
"The proposed development would have broken the mould for Ireland in terms of providing a high class mixed use development on this strategic site," it said.
"The significant economic benefits and job creation opportunities of the proposed development would have created a much needed boost to Ireland in these current harsh economic times.
The proposed development represents four years hard work, €15 million in professional fees including the commissioning of an international architectural competition resulting in a world class design by Henning Larsen Architects," it said.
The firm also said the company was "disappointed for the Ringsend and Irishtown residents as the proposed development provided for a new community centre in Ringsend including sports hall, 100 place creche, day care centre, youth club, including offices and health services."
Some 36 appeals against the development were made to the An Bord Pleanála board, including one from financier Dermot Desmond, while an unprecedented 90 appeals were made in support of Mr Dunne's scheme.
During the hearings on the proposals, Dunne's scheme was described as 'oppressive and monolithic' by barrister Colm MacEochaidh, who represents 21 appellants opposing the high-rise plan.An Bord Pleanála Also heard claims that Mr Dunne orchestrated a large-scale letter-writing campaign to persuade Dublin City Council to grant permission for his high-rise development.
Fine Gael described today's judgement as a victory for the local community.
"This development should never have been considered in the first place. It was the wrong development for the wrong place at the wrong time," said Lucinda Creighton, Fine Gael Dublin South East TD
“This proposal was totally out of character with the local area. Dublin City Council’s decision to give it partial permission highlights the lack of vision or a coherent plan for the future of Dublin City. It also shows that the City Council is prepared to grant planning permission for developments in flagrant contravention of the City Development Plan," she added.
The Green Party’s representative in the area, Dave Robbins also welcomed the decision to refuse the application.
"Hopefully, this decision will send out a signal that the era of developer-led development in our city is at an end. The time for proper, sustainable, transparent planning is now," said Mr Robbins.
Mr Dunne recently told the New York Times newspaper that he believes his ambitious plans for Ballsbridge can still succeed, despite the recession and property market crash.
As well as the Jurys/Berkeley Court site, Mr Dunne owns Hume House, also on Pembroke Road, which he bought for €130 million and where he hopes to build a 14-storey office block.
Irish Times
www.buckplanning.ie
Sean Dunne loses the Battle for Ballsbridge
Reasons for refusal:
DECISION:
REFUSE permission for the above proposed development based on the reasons
and considerations set out below.
MATTERS CONSIDERED:
In making its decision, the Board had regard to those matters to which, by virtue of
the Planning and Development Acts and Regulations made thereunder, it was required
to have regard. Such matters included any submissions and observations received by it
in accordance with statutory provisions.
REASONS AND CONSIDERATIONS:
1. Having regard to the provisions of the Dublin City Development Plan, 2005-2011 and to the existing pattern of development in the area, it is considered that the proposed development, by reason of its scale, massing and height (notwithstanding the high quality of the architectural treatment of the individual buildings), would constitute gross overdevelopment and over-intensification of use of the site, would be highly obtrusive, would seriously injure the visual amenity of the area and would constitute an inappropriate design response to the existing context of the site, making a radical change in the urban form of the area, at odds with the established character of Ballsbridge. Such change is not supported by any local or strategic objective in the development plan. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.
2. Having regard to the established scale and pattern of development in the environs
of the site, it is considered that the proposed buildings, by reason of scale, massing, height, proximity to the site boundaries and loss of mature vegetation,
would have a significant adverse impact on the streetscape and on the setting and amenity of existing buildings in the vicinity, which include many protected structures. The proposed development would, therefore, seriously injure the amenities of the area and of property in the vicinity and be contrary to the proper planning and sustainable development of the area.
3. The site of the proposed development is designated with the land use zoning
objective ‘Z1’ – to protect, provide and improve residential amenities – in the
Dublin City Development Plan, 2005-2011. It is considered that the quantum of
retail development contained in the proposed development is excessive and would
thereby militate against achievement of the residential land use zoning objective
and would divert retail investment and activity away from areas designated for
such use (including the city centre). The proposed development would, therefore,
materially contravene the land use zoning objective of the development plan and
be contrary to the proper planning and sustainable development of the area.
4. The site of the proposed development is located in the Ballsbridge area of
Dublin on land designated with the zoning objective ‘Z1’ – to protect, provide
and improve residential amenities – in the Dublin City Development Plan,
2005-2011. Under the provisions of the development plan, large scale office
use is neither permitted nor open for consideration on such lands and it is the
policy of the planning authority to facilitate such development in other areas,
with appropriate land use zoning designation. It is considered that the
proposed large scale office development, including the building described as
“embassy”, would militate against this policy, would materially contravene the
land use zoning objective of the development plan and be contrary to the
proper planning and sustainable development of the area.
5. Having regard to the scale, massing and layout of the proposed buildings, to the prevailing climate and latitude of the Dublin area and to the submissions
made in connection with the planning application and the appeal, including the
environmental impact statement and associated documentation, the Board is
not satisfied that the proposed development would bring about a high quality
environment for future occupants, having regard to considerations of microclimate,
including wind turbulence, availability of daylight and penetration of
sunlight. The proposed development would, therefore, be contrary to the
proper planning and sustainable development of the area.
www.buckplanning.ie
DECISION:
REFUSE permission for the above proposed development based on the reasons
and considerations set out below.
MATTERS CONSIDERED:
In making its decision, the Board had regard to those matters to which, by virtue of
the Planning and Development Acts and Regulations made thereunder, it was required
to have regard. Such matters included any submissions and observations received by it
in accordance with statutory provisions.
REASONS AND CONSIDERATIONS:
1. Having regard to the provisions of the Dublin City Development Plan, 2005-2011 and to the existing pattern of development in the area, it is considered that the proposed development, by reason of its scale, massing and height (notwithstanding the high quality of the architectural treatment of the individual buildings), would constitute gross overdevelopment and over-intensification of use of the site, would be highly obtrusive, would seriously injure the visual amenity of the area and would constitute an inappropriate design response to the existing context of the site, making a radical change in the urban form of the area, at odds with the established character of Ballsbridge. Such change is not supported by any local or strategic objective in the development plan. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.
2. Having regard to the established scale and pattern of development in the environs
of the site, it is considered that the proposed buildings, by reason of scale, massing, height, proximity to the site boundaries and loss of mature vegetation,
would have a significant adverse impact on the streetscape and on the setting and amenity of existing buildings in the vicinity, which include many protected structures. The proposed development would, therefore, seriously injure the amenities of the area and of property in the vicinity and be contrary to the proper planning and sustainable development of the area.
3. The site of the proposed development is designated with the land use zoning
objective ‘Z1’ – to protect, provide and improve residential amenities – in the
Dublin City Development Plan, 2005-2011. It is considered that the quantum of
retail development contained in the proposed development is excessive and would
thereby militate against achievement of the residential land use zoning objective
and would divert retail investment and activity away from areas designated for
such use (including the city centre). The proposed development would, therefore,
materially contravene the land use zoning objective of the development plan and
be contrary to the proper planning and sustainable development of the area.
4. The site of the proposed development is located in the Ballsbridge area of
Dublin on land designated with the zoning objective ‘Z1’ – to protect, provide
and improve residential amenities – in the Dublin City Development Plan,
2005-2011. Under the provisions of the development plan, large scale office
use is neither permitted nor open for consideration on such lands and it is the
policy of the planning authority to facilitate such development in other areas,
with appropriate land use zoning designation. It is considered that the
proposed large scale office development, including the building described as
“embassy”, would militate against this policy, would materially contravene the
land use zoning objective of the development plan and be contrary to the
proper planning and sustainable development of the area.
5. Having regard to the scale, massing and layout of the proposed buildings, to the prevailing climate and latitude of the Dublin area and to the submissions
made in connection with the planning application and the appeal, including the
environmental impact statement and associated documentation, the Board is
not satisfied that the proposed development would bring about a high quality
environment for future occupants, having regard to considerations of microclimate,
including wind turbulence, availability of daylight and penetration of
sunlight. The proposed development would, therefore, be contrary to the
proper planning and sustainable development of the area.
www.buckplanning.ie
Thursday, 29 January 2009
Urgent action needed as our waste now at unsustainable levels
IF every citizen on the planet produced as much waste as the Irish, mankind would need three planet Earths to survive, the Environmental Protection Agency warned yesterday.
And urgent action is needed if Ireland is to meet an EU target for diverting household waste from landfill and avoid paying millions of euro in fines.
The EPA's National Waste Report 2007 published yesterday said that diverting food waste from landfill must be the main priority for 2009, noting that household waste generated has not risen "appreciably", with recycling rates remaining "steady".
However, it warned that levels of consumption must be addressed.
"It is worth noting that the collection of increasing quantities of waste for disposal or recycling reflects a level of production and consumption that is unsustainable," the report said.
"Recent ecological footprint analysis for Ireland established that if everyone on the planet consumed as much as an Irish resident, then we would need three Earths to support current global resource consumption," it added.
"While it is apparent that consumers need to keep consuming to maintain prosperity, the business model must change to provide goods and services using less resources."
The report also found:
* The quantity of municipal (non-commercial) waste recycled increased by 3.6pc. Household rates were up 8pc, and packaging waste increased by 14pc.
* 36pc of municipal waste was recycled, exceeding the 2013 recycling target of 35pc.
* More than a quarter of household waste was recycled. While satisfactory, there remains considerable distance to reduce the landfilling of household waste to 50pc by 2013.
* 64pc of packaging waste was recycled, above EU targets.
* The average person recycled 8.7kg of electrical and electronic equipment, more than double the EU target of 4kg per head.
* Recycling of biodegradable municipal waste, such as food waste and garden clippings, fell by 2.7pc, with the amount sent to landfill increasing.
Landfill
"Although significant progress has been made in managing waste in Ireland, the report clearly shows that Ireland is in danger of missing a key EU target for diverting biodegradable municipal waste from landfill," EPA director Laura Burke said.
"Urgent and short-term actions are required in 2009 to tackle the generation and recycling of food waste from households and businesses if we are to meet the 2010 target for diverting an additional half a million tonnes of this waste from landfill."
Labour's Environment spokeswoman Joanna Tuffy said that under a Green minister, Ireland was moving away from EU targets on reducing waste being sent to landfill.
"The report shows that we are sending more food and garden waste to landfill, not less, and that only eight out of 34 local authorities provide a service collecting organic waste from households," she said.
"I welcome the fact that the minister has targeted this area for improvement in 2009, because there is no doubt that improvement is badly needed," she added.
Environment Minister John Gormley said the focus needed to move towards waste prevention, and that new regulations would require commercial premises to recycle food waste.
Levies would be increased for sending waste to landfill, and composting would become "more economically attractive".
He added that agreement would be reached with producers to reduce the amount of packaging used in food.
The EPA says that services must be put in place to separate organic waste, such as food, from other waste streams.
Paul Melia
Irish Independent
www.buckplanning.ie
And urgent action is needed if Ireland is to meet an EU target for diverting household waste from landfill and avoid paying millions of euro in fines.
The EPA's National Waste Report 2007 published yesterday said that diverting food waste from landfill must be the main priority for 2009, noting that household waste generated has not risen "appreciably", with recycling rates remaining "steady".
However, it warned that levels of consumption must be addressed.
"It is worth noting that the collection of increasing quantities of waste for disposal or recycling reflects a level of production and consumption that is unsustainable," the report said.
"Recent ecological footprint analysis for Ireland established that if everyone on the planet consumed as much as an Irish resident, then we would need three Earths to support current global resource consumption," it added.
"While it is apparent that consumers need to keep consuming to maintain prosperity, the business model must change to provide goods and services using less resources."
The report also found:
* The quantity of municipal (non-commercial) waste recycled increased by 3.6pc. Household rates were up 8pc, and packaging waste increased by 14pc.
* 36pc of municipal waste was recycled, exceeding the 2013 recycling target of 35pc.
* More than a quarter of household waste was recycled. While satisfactory, there remains considerable distance to reduce the landfilling of household waste to 50pc by 2013.
* 64pc of packaging waste was recycled, above EU targets.
* The average person recycled 8.7kg of electrical and electronic equipment, more than double the EU target of 4kg per head.
* Recycling of biodegradable municipal waste, such as food waste and garden clippings, fell by 2.7pc, with the amount sent to landfill increasing.
Landfill
"Although significant progress has been made in managing waste in Ireland, the report clearly shows that Ireland is in danger of missing a key EU target for diverting biodegradable municipal waste from landfill," EPA director Laura Burke said.
"Urgent and short-term actions are required in 2009 to tackle the generation and recycling of food waste from households and businesses if we are to meet the 2010 target for diverting an additional half a million tonnes of this waste from landfill."
Labour's Environment spokeswoman Joanna Tuffy said that under a Green minister, Ireland was moving away from EU targets on reducing waste being sent to landfill.
"The report shows that we are sending more food and garden waste to landfill, not less, and that only eight out of 34 local authorities provide a service collecting organic waste from households," she said.
"I welcome the fact that the minister has targeted this area for improvement in 2009, because there is no doubt that improvement is badly needed," she added.
Environment Minister John Gormley said the focus needed to move towards waste prevention, and that new regulations would require commercial premises to recycle food waste.
Levies would be increased for sending waste to landfill, and composting would become "more economically attractive".
He added that agreement would be reached with producers to reduce the amount of packaging used in food.
The EPA says that services must be put in place to separate organic waste, such as food, from other waste streams.
Paul Melia
Irish Independent
www.buckplanning.ie
Agents fear litigation as energy rating assessors 'unleashed'
Energy ratings: Estate agents have been warned by the IAVI not to recommend energy ratings assessors as confusion over BER certs continues, writes Edel Morgan
ESTATE AGENTS could be left open to litigation because Sustainable Energy Ireland (SEI) has “unleashed” untested BER assessors on the public, says the IAVI (Irish Auctioneers Valuers Institute). Second-hand homes cannot be legally sold or rented without Building Energy Rating (BER) certificates since January 1st of this year. (New homes have required BER certificates since 2007).
But although some 1,486 BER assessors have been registered by SEI – the body responsible for implementing the BER scheme along with two Government departments – a national test to establish the competence of assessors after they’ve completed and achieved a 70 per cent pass rate on their training course won’t be available until later this year.
IAVI chief executive Alan Cooke says SEI has allowed this happen because it wanted to “save face” and “because they don’t want to admit that there aren’t sufficient assessors examined to enable a smooth lead into the introduction of BER in Ireland. They are a year behind where they should be on it.”
Calling BER a “litigation minefield” Alan Cooke says the IAVI has advised its members against recommending assessors in the absence of a national test and instead refer clients to a list of assessors approved by SEI. He says already one of its members has been threatened with a lawsuit because it recommended an assessor that carried out an assessment on a listed building which did not require a BER certificate.
SEI, however, refutes there is a problem, saying BER assessors “meet the qualification requirements”, which includes achieving at least 70 per cent in the BER exam held by training providers. “As part of SEI’s commitment to continued professional development of assessors, a national test, which registered assessors have committed to passing before the end of 2009, will be introduced later in the year. This will have no impact on BER ratings that have been issued,” it says.
There seems to be a lack of knowledge about BER among the general public. When estate agent Christopher Bradley of Sherry FitzGerald recently handed out energy rating certificates at a viewing of a 100-year-old house on Avoca Avenue in Blackrock, Co Dublin, the bewildered response was “what’s that?” His experience is echoed by other estate agents around the country who say awareness of BER is minimal among the general public.
Ger Tierney, an agent with Chesser auctioneers in Limerick, says his firm was selling a new homes development in Castletroy before Christmas, where 70 houses sold and only “three or four people asked for the energy rating. People are not giving it a lot of thought.” There is also a lack of awareness of the legislation among vendors of second-hand homes. “We often have to break it to them that they need to have the property rated,” says Tierney.
When asked if it has done enough to promote awareness, SEI said it has run numerous awareness campaigns in the run up to the full implementation and says it has “a comprehensive and popular website and telephone advice service available for any particular queries”.
New-build homes being sold or let have required a BER certificate since 2007 while the requirement to have a certificate for second-hand homes only passed into law this January. The BER certificate is part of the Energy Performance of Buildings EU Directive which aims to reduce carbon emissions. It is also designed to give prospective tenants and purchasers an idea of a property’s energy performance and how much it costs to light and heat.
Michael Boyd of Boyd’s Real Estate Alliance in Kilkenny says while he is “all for energy efficiency” he says there is “no doubt BER has been poorly handled”. He believes SEI “didn’t get its act together quickly enough” and was too slow in issuing the appropriate software to allow newly qualified assessors issue rating certificates on second-hand homes.
He says some BER training courses are primarily interested in making money with little regard to the experience of the participants. “You get bored farmers and taxi drivers taking the course so it’s a race to the bottom in terms of standards. I don’t have confidence in the system that the SEI has set up to ensure impartiality and objectivity and to assess to uniform standards. On one assessment of a property you might have an assessor with a building background and next door a farmer who has pitched and bargained to do a job and may be under pressure to produce a satisfactory result.”
SEI insists the quality of BER certificates is controlled by “periodic checks on the work of the BER assessors”. It says assessments and assessors will be selected for audit on a random basis. “Evidence of unsatisfactory technical quality or breach of the code of practice is liable to lead to disciplinary action up to and including termination of registration.”
Boyd says he has noticed “big resistance” among vendors when they’re told they have to provide an energy rating certificate for their property. “They may be selling because things are tight and might want to avoid paying that €300-€400 bill altogether. People don’t want to hear about extra expense and there have been inferences from some vendors that they will go to the estate agent who will pay to have the assessment done for them.”
Estate agents are allowed to become BER assessors but can’t rate properties on their own books and are prevented from selling or letting a property they assess for 10 years. Under the code of practice anyone that might have a vested interest in a property can’t perform an energy assessment on it. This is a bone of contention with the IAVI who say that their members in Northern Ireland are allowed assess properties for their own clients and it’s not deemed a conflict of interest.
“If the system is transparent and checkable there shouldn’t be a problem. Are they saying agents would issue false certificates and risk their income? Are we professionals or not?” says Alan Cooke.
Jeff Colley, editor of Construct Ireland, says the Government should insist that estate agents publish energy ratings on promotional material to prevent them “from brushing bad ratings under the carpet”.
At present there are 1,486 registered BER assessors, and over 1,000 of those are qualified to assess second-hand homes. Jeff Colley reckons SEI hasn’t been adequately resourced to manage the smooth introduction of BER, “to ensure the quality of assessors and avoid a divergence of quality in assessments”. And they need to tighten up on “who becomes a BER assessor and why. It’s quite a technical area.”
He says with new buildings it tends to be more straightforward, a desktop exercise based on calculations but there are more anomalies when it comes to older buildings “and more scope for error”.
All of the agents interviewed say they are inundated daily with calls and flyers from newly trained assessors looking for referrals. The competition has become stiff and this has led to price fluctuations. Initially, average prices of around €300 plus VAT for a three-bed semi were being quoted but these are likely to plummet as new assessors undercut each other to get work.
Several of the estate agents interviewed felt that, when BER awareness grows among buyers, a property’s energy rating will be used as a bargaining chip to negotiate more money off the asking price of a property.
In the rental market, a look at discussion boards – like askaboutmoney.com and thepropertypin.com – reveals that some landlords have no qualms about going for the cheapest assessment regardless of quality to fulfil their legal obligation.
Others are saying they will try to avoid having the assessment done for as long as possible.
The Law Society has told solicitors that failure to comply with the BER can incur a €5,000 fine. The feeling is that enforcement, which is the responsibility of the local authorities, is likely to be an issue, particularly in the rental sector.
“The local authorities are meant to be enforcing BER but the question is, has the Government given them additional resources?” says Alan Cooke.
When tenants start to get savvy about BER, however, a bad rating may have an impact on the rent achieved, particularly if there’s a newer property down the road with a better rating.
It being very much a tenants’ market, landlords won’t be able to pass the charge on to their tenants and, according to John Leahy, the owner of Irish landlord.com, some are complaining it is just another cost they have to contend with.
He says there’s still quite a lot of confusion surrounding BER, although he has noticed the level of interest in it has improved since January 1st.
“Like everything, people ignore it till it’s upon them. It’s been a very slow build and some property owners feel it’s just an additional cost in a tough economic environment. They are looking at what is beneficial in the short term.”
Irish Times
www.buckplanning.ie
ESTATE AGENTS could be left open to litigation because Sustainable Energy Ireland (SEI) has “unleashed” untested BER assessors on the public, says the IAVI (Irish Auctioneers Valuers Institute). Second-hand homes cannot be legally sold or rented without Building Energy Rating (BER) certificates since January 1st of this year. (New homes have required BER certificates since 2007).
But although some 1,486 BER assessors have been registered by SEI – the body responsible for implementing the BER scheme along with two Government departments – a national test to establish the competence of assessors after they’ve completed and achieved a 70 per cent pass rate on their training course won’t be available until later this year.
IAVI chief executive Alan Cooke says SEI has allowed this happen because it wanted to “save face” and “because they don’t want to admit that there aren’t sufficient assessors examined to enable a smooth lead into the introduction of BER in Ireland. They are a year behind where they should be on it.”
Calling BER a “litigation minefield” Alan Cooke says the IAVI has advised its members against recommending assessors in the absence of a national test and instead refer clients to a list of assessors approved by SEI. He says already one of its members has been threatened with a lawsuit because it recommended an assessor that carried out an assessment on a listed building which did not require a BER certificate.
SEI, however, refutes there is a problem, saying BER assessors “meet the qualification requirements”, which includes achieving at least 70 per cent in the BER exam held by training providers. “As part of SEI’s commitment to continued professional development of assessors, a national test, which registered assessors have committed to passing before the end of 2009, will be introduced later in the year. This will have no impact on BER ratings that have been issued,” it says.
There seems to be a lack of knowledge about BER among the general public. When estate agent Christopher Bradley of Sherry FitzGerald recently handed out energy rating certificates at a viewing of a 100-year-old house on Avoca Avenue in Blackrock, Co Dublin, the bewildered response was “what’s that?” His experience is echoed by other estate agents around the country who say awareness of BER is minimal among the general public.
Ger Tierney, an agent with Chesser auctioneers in Limerick, says his firm was selling a new homes development in Castletroy before Christmas, where 70 houses sold and only “three or four people asked for the energy rating. People are not giving it a lot of thought.” There is also a lack of awareness of the legislation among vendors of second-hand homes. “We often have to break it to them that they need to have the property rated,” says Tierney.
When asked if it has done enough to promote awareness, SEI said it has run numerous awareness campaigns in the run up to the full implementation and says it has “a comprehensive and popular website and telephone advice service available for any particular queries”.
New-build homes being sold or let have required a BER certificate since 2007 while the requirement to have a certificate for second-hand homes only passed into law this January. The BER certificate is part of the Energy Performance of Buildings EU Directive which aims to reduce carbon emissions. It is also designed to give prospective tenants and purchasers an idea of a property’s energy performance and how much it costs to light and heat.
Michael Boyd of Boyd’s Real Estate Alliance in Kilkenny says while he is “all for energy efficiency” he says there is “no doubt BER has been poorly handled”. He believes SEI “didn’t get its act together quickly enough” and was too slow in issuing the appropriate software to allow newly qualified assessors issue rating certificates on second-hand homes.
He says some BER training courses are primarily interested in making money with little regard to the experience of the participants. “You get bored farmers and taxi drivers taking the course so it’s a race to the bottom in terms of standards. I don’t have confidence in the system that the SEI has set up to ensure impartiality and objectivity and to assess to uniform standards. On one assessment of a property you might have an assessor with a building background and next door a farmer who has pitched and bargained to do a job and may be under pressure to produce a satisfactory result.”
SEI insists the quality of BER certificates is controlled by “periodic checks on the work of the BER assessors”. It says assessments and assessors will be selected for audit on a random basis. “Evidence of unsatisfactory technical quality or breach of the code of practice is liable to lead to disciplinary action up to and including termination of registration.”
Boyd says he has noticed “big resistance” among vendors when they’re told they have to provide an energy rating certificate for their property. “They may be selling because things are tight and might want to avoid paying that €300-€400 bill altogether. People don’t want to hear about extra expense and there have been inferences from some vendors that they will go to the estate agent who will pay to have the assessment done for them.”
Estate agents are allowed to become BER assessors but can’t rate properties on their own books and are prevented from selling or letting a property they assess for 10 years. Under the code of practice anyone that might have a vested interest in a property can’t perform an energy assessment on it. This is a bone of contention with the IAVI who say that their members in Northern Ireland are allowed assess properties for their own clients and it’s not deemed a conflict of interest.
“If the system is transparent and checkable there shouldn’t be a problem. Are they saying agents would issue false certificates and risk their income? Are we professionals or not?” says Alan Cooke.
Jeff Colley, editor of Construct Ireland, says the Government should insist that estate agents publish energy ratings on promotional material to prevent them “from brushing bad ratings under the carpet”.
At present there are 1,486 registered BER assessors, and over 1,000 of those are qualified to assess second-hand homes. Jeff Colley reckons SEI hasn’t been adequately resourced to manage the smooth introduction of BER, “to ensure the quality of assessors and avoid a divergence of quality in assessments”. And they need to tighten up on “who becomes a BER assessor and why. It’s quite a technical area.”
He says with new buildings it tends to be more straightforward, a desktop exercise based on calculations but there are more anomalies when it comes to older buildings “and more scope for error”.
All of the agents interviewed say they are inundated daily with calls and flyers from newly trained assessors looking for referrals. The competition has become stiff and this has led to price fluctuations. Initially, average prices of around €300 plus VAT for a three-bed semi were being quoted but these are likely to plummet as new assessors undercut each other to get work.
Several of the estate agents interviewed felt that, when BER awareness grows among buyers, a property’s energy rating will be used as a bargaining chip to negotiate more money off the asking price of a property.
In the rental market, a look at discussion boards – like askaboutmoney.com and thepropertypin.com – reveals that some landlords have no qualms about going for the cheapest assessment regardless of quality to fulfil their legal obligation.
Others are saying they will try to avoid having the assessment done for as long as possible.
The Law Society has told solicitors that failure to comply with the BER can incur a €5,000 fine. The feeling is that enforcement, which is the responsibility of the local authorities, is likely to be an issue, particularly in the rental sector.
“The local authorities are meant to be enforcing BER but the question is, has the Government given them additional resources?” says Alan Cooke.
When tenants start to get savvy about BER, however, a bad rating may have an impact on the rent achieved, particularly if there’s a newer property down the road with a better rating.
It being very much a tenants’ market, landlords won’t be able to pass the charge on to their tenants and, according to John Leahy, the owner of Irish landlord.com, some are complaining it is just another cost they have to contend with.
He says there’s still quite a lot of confusion surrounding BER, although he has noticed the level of interest in it has improved since January 1st.
“Like everything, people ignore it till it’s upon them. It’s been a very slow build and some property owners feel it’s just an additional cost in a tough economic environment. They are looking at what is beneficial in the short term.”
Irish Times
www.buckplanning.ie
New Bord Gais centre should add spark to the M50
When Bord Gáis was planning a new distribution centre it ran an international design competition, which was won by Denis Byrne Architects, writes Frank McDonald, Environment Editor
ANYONE WHO uses Dublin’s M50 will know that it sorely needs more landmarks to overcome an overwhelming sense of disorientation, relieved only by gantry-mounted direction signs to steer motorists through an elongated maze of traffic and construction activity.
“The M50 is like a new city wall, with the city inside,” says architect Roisín Heneghan. “This is an edge condition from which many people see the city, yet the land adjacent to the road is generally disused for noise reasons and any development is nearly always sprawl.”
The first conscious effort to provide a new landmark on the M50 was Hunt McGarry’s telecom mast for Denis O’Brien’s one-time flagship, Esat Digifone, at the Tallaght interchange.
This elegant 30-metre high mast, shaped like an inverted cone, is brilliantly lit at night by double rings of green neon so nobody can miss it.
Denis Byrne Architects (DBA) obviously considered the landmark issue when they entered an international competition to design a new national distribution control centre for Bord Gáis Networks, on a rather unprepossessing site on St Margaret’s Road at Dubber Cross, just south of the M50 near Finglas.
This will become the nerve centre for Bord Gáis Networks, which is responsible for constructing and extending the gas network in Ireland. The services it provides include pipeline service laying and modification, safety and emergency response, and meter installations and alterations across the State.
Bord Gáis wanted a building that would reflect its declared commitment to environmental protection, energy conservation and sustainable development that would simultaneously “sit in harmony with its physical context” as well as being flexible in its internal planning to accommodate the main functions.
Inevitably, the competition produced a very wide range of proposals – from a multi-storey tower block to a single-storey complex covering the entire site. However, a number of competitors misinterpreted it as a corporate headquarters rather than an operational hub carrying out a variety of functions.
In all, 56 entries were received for the competition, which was organised by the RIAI (Royal Institute of the Architects of Ireland). These were whittled down to a shortlist of eight, who were invited to make presentations, including Glasgow-based Nord Architecture and VMX Architects from the Netherlands, where Cork-born Don Murphy is a partner.
What DBA proposed was a compound in a reconditioned landscape, with a projecting tower inscribing Bord Gáis in large capital letters.
Arguably, this unique selling point persuaded the competition jury to award the €17.5 million project to DBA, ahead of such luminaries as Bucholz McEvoy and Heneghan Peng.
As the assessors noted, Bucholz McEvoy’s design “advanced considerably” between stages one and two and “fully took into account the comments raised by the jury” following stage one.
“The curved geometry of the building showed potential for the development of strong internal social and working spaces.”
Heneghan Peng, who have won numerous competitions, had “a very clear design concept which met aspects of the brief well. It projected a simple yet compelling linear form well integrated with the site, developing a good landscaped solution against the bank. Internal planning was fluid and flexible.”
DBA’s winning entry took its inspiration from industrial buildings rather than swish corporate office blocks, to provide a home base for a diverse range of activities both within the building and for mobile staff checking in and out. A layer of perforated metal wraps the building in a light and permeable yet robust protective skin.
“Organised over two levels with gardens and circulation woven to an informal fabric of flowing internal and external spaces with meeting and social areas interspersed, the building promotes an inter-departmental, multi-disciplinary approach to staff interaction and organisation.” And that’s as it should be.
According to DBA, “the integrated sustainable design approach combines microclimate, landscape, transport and a compact building volume with low-energy design to establish a service facility that humanises and civilises the environment of the corporate workplace [and] provides acoustic shelter from the nearby M50.
“In terms of energy use and environmental control, the building is equally responsive to its users’ needs, employing a system based on the principles of thermal mass, natural ventilation and water-borne radiant cooling and heating supplied by a combined gas-fired heat pump and chilling device.”
The assessors, who included award-winning architects Louise Cotter and Niall McCullough, said the winning scheme “offered an innovative and achievable work of modern architecture” and also scored very highly on sustainability. It also used the site well, locating the required car-parking behind the building.
“The amorphous external form with projecting tower (which would be visible across the M50) was innovative; the internal layout studded with natural ventilation courtyards was flexible and interesting, offering cross views to the landscape” while also providing “the sense of a common working environment”. John Barry, managing director of Bord Gáis Networks, said environmental protection and sustainable development were critical in choosing the winner.
“The standard of entries was exceptionally high, but we are looking forward to working with Denis Byrne Architects on this exciting and innovative project.”
DBA won an Architectural Association of Ireland award in 2004 for a wonderfully successful infill apartment building at the lower end of North Great George’s Street. Dubbed the Cigar Box, it was hailed by the AAI jury as an exemplary urban intervention in a very specific place with no resort to (gutless) pastiche.
The relatively small practice is based in a Georgian house on the opposite side of the street, which was splendidly refurbished and converted into offices and apartments in 2007 at a cost of €2.4 million. Denis Byrne himself lives doors away in another Georgian house which he restored as a large family home.
Recently completed projects include a double-height car showroom for KC Motors in Cornelscourt, while one of the most interesting projects in the pipeline is a housing scheme for Killenaule Co- operative in south Tipperary, which would provide 35 four-bedroom detached houses and 12 “zero energy” houses on a greenfield site.
Also in Killenaule, DBA’s Roland Bosbach headed a team that designed a 60-bed nursing home and 48 sheltered housing units – all timber-clad – for the co-op.
Bosbach was also involved in designing a new viewing gallery and changing rooms for Tolka Rovers in Dublin.
A flat-roofed house in a rural setting in Co Westmeath won an Opus award in 2005 because of how DBA had responded to the site contours with “an attention to detail and a craftsmanship rarely found in similar settings or building types”.
Indeed, it was rated as being “well above the bungalow blight of most single houses”.
Irish Times
www.buckplanning.ie
ANYONE WHO uses Dublin’s M50 will know that it sorely needs more landmarks to overcome an overwhelming sense of disorientation, relieved only by gantry-mounted direction signs to steer motorists through an elongated maze of traffic and construction activity.
“The M50 is like a new city wall, with the city inside,” says architect Roisín Heneghan. “This is an edge condition from which many people see the city, yet the land adjacent to the road is generally disused for noise reasons and any development is nearly always sprawl.”
The first conscious effort to provide a new landmark on the M50 was Hunt McGarry’s telecom mast for Denis O’Brien’s one-time flagship, Esat Digifone, at the Tallaght interchange.
This elegant 30-metre high mast, shaped like an inverted cone, is brilliantly lit at night by double rings of green neon so nobody can miss it.
Denis Byrne Architects (DBA) obviously considered the landmark issue when they entered an international competition to design a new national distribution control centre for Bord Gáis Networks, on a rather unprepossessing site on St Margaret’s Road at Dubber Cross, just south of the M50 near Finglas.
This will become the nerve centre for Bord Gáis Networks, which is responsible for constructing and extending the gas network in Ireland. The services it provides include pipeline service laying and modification, safety and emergency response, and meter installations and alterations across the State.
Bord Gáis wanted a building that would reflect its declared commitment to environmental protection, energy conservation and sustainable development that would simultaneously “sit in harmony with its physical context” as well as being flexible in its internal planning to accommodate the main functions.
Inevitably, the competition produced a very wide range of proposals – from a multi-storey tower block to a single-storey complex covering the entire site. However, a number of competitors misinterpreted it as a corporate headquarters rather than an operational hub carrying out a variety of functions.
In all, 56 entries were received for the competition, which was organised by the RIAI (Royal Institute of the Architects of Ireland). These were whittled down to a shortlist of eight, who were invited to make presentations, including Glasgow-based Nord Architecture and VMX Architects from the Netherlands, where Cork-born Don Murphy is a partner.
What DBA proposed was a compound in a reconditioned landscape, with a projecting tower inscribing Bord Gáis in large capital letters.
Arguably, this unique selling point persuaded the competition jury to award the €17.5 million project to DBA, ahead of such luminaries as Bucholz McEvoy and Heneghan Peng.
As the assessors noted, Bucholz McEvoy’s design “advanced considerably” between stages one and two and “fully took into account the comments raised by the jury” following stage one.
“The curved geometry of the building showed potential for the development of strong internal social and working spaces.”
Heneghan Peng, who have won numerous competitions, had “a very clear design concept which met aspects of the brief well. It projected a simple yet compelling linear form well integrated with the site, developing a good landscaped solution against the bank. Internal planning was fluid and flexible.”
DBA’s winning entry took its inspiration from industrial buildings rather than swish corporate office blocks, to provide a home base for a diverse range of activities both within the building and for mobile staff checking in and out. A layer of perforated metal wraps the building in a light and permeable yet robust protective skin.
“Organised over two levels with gardens and circulation woven to an informal fabric of flowing internal and external spaces with meeting and social areas interspersed, the building promotes an inter-departmental, multi-disciplinary approach to staff interaction and organisation.” And that’s as it should be.
According to DBA, “the integrated sustainable design approach combines microclimate, landscape, transport and a compact building volume with low-energy design to establish a service facility that humanises and civilises the environment of the corporate workplace [and] provides acoustic shelter from the nearby M50.
“In terms of energy use and environmental control, the building is equally responsive to its users’ needs, employing a system based on the principles of thermal mass, natural ventilation and water-borne radiant cooling and heating supplied by a combined gas-fired heat pump and chilling device.”
The assessors, who included award-winning architects Louise Cotter and Niall McCullough, said the winning scheme “offered an innovative and achievable work of modern architecture” and also scored very highly on sustainability. It also used the site well, locating the required car-parking behind the building.
“The amorphous external form with projecting tower (which would be visible across the M50) was innovative; the internal layout studded with natural ventilation courtyards was flexible and interesting, offering cross views to the landscape” while also providing “the sense of a common working environment”. John Barry, managing director of Bord Gáis Networks, said environmental protection and sustainable development were critical in choosing the winner.
“The standard of entries was exceptionally high, but we are looking forward to working with Denis Byrne Architects on this exciting and innovative project.”
DBA won an Architectural Association of Ireland award in 2004 for a wonderfully successful infill apartment building at the lower end of North Great George’s Street. Dubbed the Cigar Box, it was hailed by the AAI jury as an exemplary urban intervention in a very specific place with no resort to (gutless) pastiche.
The relatively small practice is based in a Georgian house on the opposite side of the street, which was splendidly refurbished and converted into offices and apartments in 2007 at a cost of €2.4 million. Denis Byrne himself lives doors away in another Georgian house which he restored as a large family home.
Recently completed projects include a double-height car showroom for KC Motors in Cornelscourt, while one of the most interesting projects in the pipeline is a housing scheme for Killenaule Co- operative in south Tipperary, which would provide 35 four-bedroom detached houses and 12 “zero energy” houses on a greenfield site.
Also in Killenaule, DBA’s Roland Bosbach headed a team that designed a 60-bed nursing home and 48 sheltered housing units – all timber-clad – for the co-op.
Bosbach was also involved in designing a new viewing gallery and changing rooms for Tolka Rovers in Dublin.
A flat-roofed house in a rural setting in Co Westmeath won an Opus award in 2005 because of how DBA had responded to the site contours with “an attention to detail and a craftsmanship rarely found in similar settings or building types”.
Indeed, it was rated as being “well above the bungalow blight of most single houses”.
Irish Times
www.buckplanning.ie
The truth will out about designing good urban spaces
WHEN IT COMES to outdoor spaces in the city, we often look in envy at our Continental and American cousins who sit and sip cappuccinos in urban squares and loll beside ponds and fountains. Okay, they do have the weather on their side but the Irish love to sit out too, and will don sunglasses at the slightest of solar rays, and yet we still have precious little space in which to do that.
The Dublin Docklands Development Authority has employed both US and Continental landscape designers to perhaps inject some of their magic into the docklands and three of them will be giving talks to enlighten us as to how they go about designing such spaces.
First up, on February 12th, is Martin Biewenga of Dutch company West 8 which has been landscaping across Europe, America, Russia and Canada, and has been working on ideas for the Liffey campshires.
Next is Martha Schwartz, the American landscape architect and artist who has given us the red poles at Grand Canal Dock (left). She will be discussing sustainability and design on March 5th. Finally, on March 26th, Olivier Philippe of Agence Ter, who is developing a linear park in the docklands, will discuss how he designs in layers. So, expect rich seams of information.
Lectures are free and start at 7pm in the CHQ building on Customs House Quay (tel: 01-635 1428 and aaiadmin@eircom.net).
Irish Times
www.buckplanning.ie
The Dublin Docklands Development Authority has employed both US and Continental landscape designers to perhaps inject some of their magic into the docklands and three of them will be giving talks to enlighten us as to how they go about designing such spaces.
First up, on February 12th, is Martin Biewenga of Dutch company West 8 which has been landscaping across Europe, America, Russia and Canada, and has been working on ideas for the Liffey campshires.
Next is Martha Schwartz, the American landscape architect and artist who has given us the red poles at Grand Canal Dock (left). She will be discussing sustainability and design on March 5th. Finally, on March 26th, Olivier Philippe of Agence Ter, who is developing a linear park in the docklands, will discuss how he designs in layers. So, expect rich seams of information.
Lectures are free and start at 7pm in the CHQ building on Customs House Quay (tel: 01-635 1428 and aaiadmin@eircom.net).
Irish Times
www.buckplanning.ie
Locals appeal demolition of Stella cinema
A PROPOSAL to demolish the 86-year-old Stella cinema on Lower Rathmines Road, Rathmines, Dublin 6 has been appealed to An Bord Pleanála by local residents who fear there is asbestos in its roof.
The residents are opposing a decision by Dublin City Council to grant planning permission to Highfield Estates Ltd to replace the cinema with a four-storey building incorporating a fitness centre on ground and first floor level, shops facing out onto Lower Rathmines Road and four apartments above.
In their appeal to An Bord Pleanála, the residents of Swanville Place ask how Dublin City Council could grant planning permission without a health and safety plan for the removal of what they believe is an asbestos roof on the old two-screen cinema.
Other concerns include the height of the proposed building which they say will “seriously erode light” to their homes and create “a boxed-in effect to the front of the houses at 5-7 Swanville Place” and overshadow the rear of 4 Swanville Place.
They say construction at Swanville has been ongoing for the last five years and neither fire or ambulance services can reach houses at the top of Swanville due to parking and construction traffic.
They are also concerned that developers will use the rear of 5-7 Swanville Terrace for the removal of waste or as a route for building equipment.
They say the foundations of houses at Swanville Place are 200-years-old and are at risk of structural damage.
The Stella cinema opened in 1923 and was bought by the Ward Anderson chain in 2003 from the O’Grady family and closed a year later.
Irish Times
www.buckplanning.ie
The residents are opposing a decision by Dublin City Council to grant planning permission to Highfield Estates Ltd to replace the cinema with a four-storey building incorporating a fitness centre on ground and first floor level, shops facing out onto Lower Rathmines Road and four apartments above.
In their appeal to An Bord Pleanála, the residents of Swanville Place ask how Dublin City Council could grant planning permission without a health and safety plan for the removal of what they believe is an asbestos roof on the old two-screen cinema.
Other concerns include the height of the proposed building which they say will “seriously erode light” to their homes and create “a boxed-in effect to the front of the houses at 5-7 Swanville Place” and overshadow the rear of 4 Swanville Place.
They say construction at Swanville has been ongoing for the last five years and neither fire or ambulance services can reach houses at the top of Swanville due to parking and construction traffic.
They are also concerned that developers will use the rear of 5-7 Swanville Terrace for the removal of waste or as a route for building equipment.
They say the foundations of houses at Swanville Place are 200-years-old and are at risk of structural damage.
The Stella cinema opened in 1923 and was bought by the Ward Anderson chain in 2003 from the O’Grady family and closed a year later.
Irish Times
www.buckplanning.ie
Councillors seek meeting over plan for sewage-treatment plant
CONNEMARA COUNCILLORS are seeking an urgent meeting with Minister for the Environment John Gormley over plans to build a sewage-treatment plant at one of the area’s most scenic parts of coastline.
Sruthán pier at Carraroe has been earmarked for the treatment plant by Galway County Council.
The local authority says the site would facilitate linkage to the existing sewerage network running through the village. Attempts to reach an agreement on an alternative location over the past year appear to have failed.
Raw sewage is currently discharged untreated into Casla Bay. However, the local community believes a plant overlooking the Atlantic and within 75m of housing would have a negative impact on the area.
A community group, Coiste Chéibh an tSrutháin, says its main areas of concern relate to “visual impact, odour pollution, noise pollution and discharges from the plant”.
“We believe that developing this sewage-treatment plant at this location will have an adverse effect on the wellbeing of the whole local community in many ways – environmental, physical, psychological and economic.”
The group says camouflaging the plant would be impossible. and it knows of “no other similar sewage-treatment plant in a similar location anywhere in the country or, indeed, anywhere abroad”.
Representatives of the community staged a protest at Galway County Council’s headquarters this week, which resulted in deferral of a draft proposal before the authority to begin building the plant.
Connemara councillors who are seeking to discuss the issue with Mr Gormley have been advised that the Galway county manager has the authority to pursue the project if a decision is not taken within six weeks.
Irish Times
www.buckplanning.ie
Sruthán pier at Carraroe has been earmarked for the treatment plant by Galway County Council.
The local authority says the site would facilitate linkage to the existing sewerage network running through the village. Attempts to reach an agreement on an alternative location over the past year appear to have failed.
Raw sewage is currently discharged untreated into Casla Bay. However, the local community believes a plant overlooking the Atlantic and within 75m of housing would have a negative impact on the area.
A community group, Coiste Chéibh an tSrutháin, says its main areas of concern relate to “visual impact, odour pollution, noise pollution and discharges from the plant”.
“We believe that developing this sewage-treatment plant at this location will have an adverse effect on the wellbeing of the whole local community in many ways – environmental, physical, psychological and economic.”
The group says camouflaging the plant would be impossible. and it knows of “no other similar sewage-treatment plant in a similar location anywhere in the country or, indeed, anywhere abroad”.
Representatives of the community staged a protest at Galway County Council’s headquarters this week, which resulted in deferral of a draft proposal before the authority to begin building the plant.
Connemara councillors who are seeking to discuss the issue with Mr Gormley have been advised that the Galway county manager has the authority to pursue the project if a decision is not taken within six weeks.
Irish Times
www.buckplanning.ie
EPA licences for animal feed plants recommended
THE ENVIRONMENTAL Protection Agency should take control of licensing plants that process waste human food for use as animal feed, an Oireachtas committee heard yesterday.
Representatives of the waste management industry were before the Oireachtas Joint Committee on Agriculture. The committee is holding hearings into the recent food crisis in which pigfeed was contaminated by toxic substances known as dioxin-like PCBs, resulting in the withdrawal from sale of all Irish pork products.
Jackie Keaney, vice-president of the Confederation of European Waste-to-Energy Plants (CEWEP) said the pork crisis was “not just a health, food and economic crisis – it was and is very much an environmental crisis”. This means we must ensure our “environmental practices, policies, regulations and infrastructure best serve our citizens, economy and international reputation,” he said.
Ms Keaney said BSE, foot-and-mouth, the Belgian food crisis and the Irish pork crisis were all caused by inappropriate treatment of waste.
Millstream Recycling in Co Carlow, the plant at the centre of the pigfeed crisis, is under investigation after it emerged that industrial oil had been used in the heating process used to convert waste human food into animal feed. A food-grade oil should be used for the process.
Millstream had a licence from Carlow County Council, but was not required to be licensed by the EPA. Ms Keaney said to avoid such a crisis happening again, a “good start” would be to ensure that any activity where contaminated, recycled waste could potentially enter the food chain was licensed by the EPA.
John Ahern, managing director of Indaver Ireland, which is building incinerators or waste-to-energy facilities in Meath and Cork, said lessons had not been learned and that Ireland was “sleepwalking” into another such food crisis.
Mr Ahern claimed Government policy was being advanced “that may result in further food crises”.
He referred to Minister for the Environment John Gormley’s stated policy of prioritising MBT – mechanical biological treatment – in his waste-management policy.
This system, which results in the output of fuel and a biologically treated “compost-like” product to be spread as fertiliser, could not kill PCBs as the temperatures used were not high enough, Mr Ahern said.
A number of members of the committee, including Kerry North TD Martin Ferris, said they had an “open mind” on incineration. Cork East TD Ned O’Keeffe, who is a farmer, said most problems were caused by “bad management” at farming level and that he also had an open mind on incineration.
Green Party Senator Dan Boyle, in whose constituency Indaver’s Cork incinerator will be based, defended Government policy on mechanical biological treatment and said it had been adopted as the fastest-growing method of waste treatment throughout Europe.
Irish Times
www.buckplanning.ie
Representatives of the waste management industry were before the Oireachtas Joint Committee on Agriculture. The committee is holding hearings into the recent food crisis in which pigfeed was contaminated by toxic substances known as dioxin-like PCBs, resulting in the withdrawal from sale of all Irish pork products.
Jackie Keaney, vice-president of the Confederation of European Waste-to-Energy Plants (CEWEP) said the pork crisis was “not just a health, food and economic crisis – it was and is very much an environmental crisis”. This means we must ensure our “environmental practices, policies, regulations and infrastructure best serve our citizens, economy and international reputation,” he said.
Ms Keaney said BSE, foot-and-mouth, the Belgian food crisis and the Irish pork crisis were all caused by inappropriate treatment of waste.
Millstream Recycling in Co Carlow, the plant at the centre of the pigfeed crisis, is under investigation after it emerged that industrial oil had been used in the heating process used to convert waste human food into animal feed. A food-grade oil should be used for the process.
Millstream had a licence from Carlow County Council, but was not required to be licensed by the EPA. Ms Keaney said to avoid such a crisis happening again, a “good start” would be to ensure that any activity where contaminated, recycled waste could potentially enter the food chain was licensed by the EPA.
John Ahern, managing director of Indaver Ireland, which is building incinerators or waste-to-energy facilities in Meath and Cork, said lessons had not been learned and that Ireland was “sleepwalking” into another such food crisis.
Mr Ahern claimed Government policy was being advanced “that may result in further food crises”.
He referred to Minister for the Environment John Gormley’s stated policy of prioritising MBT – mechanical biological treatment – in his waste-management policy.
This system, which results in the output of fuel and a biologically treated “compost-like” product to be spread as fertiliser, could not kill PCBs as the temperatures used were not high enough, Mr Ahern said.
A number of members of the committee, including Kerry North TD Martin Ferris, said they had an “open mind” on incineration. Cork East TD Ned O’Keeffe, who is a farmer, said most problems were caused by “bad management” at farming level and that he also had an open mind on incineration.
Green Party Senator Dan Boyle, in whose constituency Indaver’s Cork incinerator will be based, defended Government policy on mechanical biological treatment and said it had been adopted as the fastest-growing method of waste treatment throughout Europe.
Irish Times
www.buckplanning.ie
Wednesday, 28 January 2009
275 homes planned for Redemptorists' D6 site
A PLANNING application is to be lodged today for a substantial residential development on part of the extensive grounds of the Redemptorist congregation at Orwell Road in Rathgar, Dublin 6. The 8.1 acres will accommodate 275 houses and apartments, a smaller monastery and a new public park.
Architect O’Mahony Pike has completed a master plan for the entire Marianella site where the congregation has been based since the 1930s. The new development will not exceed the height of the existing buildings.
Fifteen months ago, the Redemptorists received 11 proposals from developers interested in redeveloping the grounds on a joint venture basis. Bill Nowlan of WK Nowlan and Associates, who is advising the order, said that while they chose a preferred partner to carry out the development, “negotiations floundered as a result of the financial crises in the marketplace”. It was now planned to secure planning permission and then review the situation.
The planning application will provide for a smaller monastery and chapel, likely to cost around €10 million, to meet the community’s needs. It will be the first new monastery to be built in this country in the 21st century. A quarter of the entire site will be set aside for a public park and there will be about 43 residential units for social and affordable owners.
The Marianella grounds would have been valued at around €10 million an acre in the boom conditions of a few years ago but, with the collapse in the new homes market and the continuing credit squeeze, the likelihood is that land values are now below €5 million an acre.
The Redemptorists probably take the view that by securing planning permission and other necessary consents, they will be in a position to go to the market once the first signs emerge of a recovery. Orwell Road is a leafy, mature location of great appeal both to first-time buyers and families trading up from less popular areas.
A spokesperson for the Redemptorists said that, in common with other religious orders, they had suffered a decline in vocations which was impacting on the size of the accommodation they required for their current needs. He stressed that since the community was remaining at Marianella, alongside the residents of the new houses and apartments, they would be committed to ensuring both the quality and timely delivery of the overall project.
The spokesman said that the proceeds from the site will be committed to developing their pastoral work and resources in various centres through Ireland, increasing the number of qualified lay and salaried people who will work with them in their ministry, training future and present Redemptorist students, and providing care for the growing number of elderly and sick priests and brothers.
Irish Times
www.buckplanning.ie
Architect O’Mahony Pike has completed a master plan for the entire Marianella site where the congregation has been based since the 1930s. The new development will not exceed the height of the existing buildings.
Fifteen months ago, the Redemptorists received 11 proposals from developers interested in redeveloping the grounds on a joint venture basis. Bill Nowlan of WK Nowlan and Associates, who is advising the order, said that while they chose a preferred partner to carry out the development, “negotiations floundered as a result of the financial crises in the marketplace”. It was now planned to secure planning permission and then review the situation.
The planning application will provide for a smaller monastery and chapel, likely to cost around €10 million, to meet the community’s needs. It will be the first new monastery to be built in this country in the 21st century. A quarter of the entire site will be set aside for a public park and there will be about 43 residential units for social and affordable owners.
The Marianella grounds would have been valued at around €10 million an acre in the boom conditions of a few years ago but, with the collapse in the new homes market and the continuing credit squeeze, the likelihood is that land values are now below €5 million an acre.
The Redemptorists probably take the view that by securing planning permission and other necessary consents, they will be in a position to go to the market once the first signs emerge of a recovery. Orwell Road is a leafy, mature location of great appeal both to first-time buyers and families trading up from less popular areas.
A spokesperson for the Redemptorists said that, in common with other religious orders, they had suffered a decline in vocations which was impacting on the size of the accommodation they required for their current needs. He stressed that since the community was remaining at Marianella, alongside the residents of the new houses and apartments, they would be committed to ensuring both the quality and timely delivery of the overall project.
The spokesman said that the proceeds from the site will be committed to developing their pastoral work and resources in various centres through Ireland, increasing the number of qualified lay and salaried people who will work with them in their ministry, training future and present Redemptorist students, and providing care for the growing number of elderly and sick priests and brothers.
Irish Times
www.buckplanning.ie
Kerry councillors agree to rezone lands surrounding Paidi O'Se pub
THERE HAS been unanimous agreement among councillors in Kerry yesterday to rezone lands surrounding the pub of Páidí Ó Sé, the eight times All-Ireland Kerry senior football medal winner and former Kerry football manager.
The proposal to rezone “the Páidí Ó Sé licensed premises and land to the east at Ard a Bhothair”, a townland near Ventry, from “prime special amenity”, a designation attached to the most scenic and sensitive landscapes, had been opposed by council planners and management.
The redesignation will effectively give village status to the townland.
Fianna Fáil councillor Michael O’Shea proposed the rezoning and it was seconded by Cllr Michael Gleeson, South Kerry Independent Alliance.
The rezoning of the lands, which are at a crossroads less than a third of a mile from the sea on the way to Slea Head, would pave the way for “a sports interpretative centre” as well as commercial residential development, the meeting heard.
Mr Ó Sé, who is a director of Fáilte Ireland, was present in the public area of the council chambers in the afternoon for the vote on the proposal, which will form part of the new five-year Kerry county development plan to be adopted in the coming months.
According to architect Darryl Broe, who made a submission on behalf of Mr Ó Sé, the zoning will facilitate the development of a sports interpretative centre as part of a two-storey rebuild of the existing function room at Mr Ó Sé’s pub.
There will also be a complementary residential development to provide accommodation for family members, employees and patrons of conferences to be held in the interpretative centre.
It will be opposite the pub in Ard a Bhothair, a townland that consists mainly of Mr Ó Sé’s pub, his shop and a Catholic church.
Irish Times
www.buckplanning.ie
The proposal to rezone “the Páidí Ó Sé licensed premises and land to the east at Ard a Bhothair”, a townland near Ventry, from “prime special amenity”, a designation attached to the most scenic and sensitive landscapes, had been opposed by council planners and management.
The redesignation will effectively give village status to the townland.
Fianna Fáil councillor Michael O’Shea proposed the rezoning and it was seconded by Cllr Michael Gleeson, South Kerry Independent Alliance.
The rezoning of the lands, which are at a crossroads less than a third of a mile from the sea on the way to Slea Head, would pave the way for “a sports interpretative centre” as well as commercial residential development, the meeting heard.
Mr Ó Sé, who is a director of Fáilte Ireland, was present in the public area of the council chambers in the afternoon for the vote on the proposal, which will form part of the new five-year Kerry county development plan to be adopted in the coming months.
According to architect Darryl Broe, who made a submission on behalf of Mr Ó Sé, the zoning will facilitate the development of a sports interpretative centre as part of a two-storey rebuild of the existing function room at Mr Ó Sé’s pub.
There will also be a complementary residential development to provide accommodation for family members, employees and patrons of conferences to be held in the interpretative centre.
It will be opposite the pub in Ard a Bhothair, a townland that consists mainly of Mr Ó Sé’s pub, his shop and a Catholic church.
Irish Times
www.buckplanning.ie
Habitat store to be replanned as cafe
A PROPOSAL to locate a branch of German low-cost supermarket Lidl in the former Habitat furniture store on Dublin’s College Green has been scrapped in favour of redeveloping the building as a “Viennese-style” cafe.
Dublin City Council has granted permission to Pixtell Ltd to change the building from a retail premises to a licensed restaurant.
Pixtell is controlled by Tony Leonard, who, with Paddy McKillen, bought the former Bank of Ireland branch in 2002 for €22 million, before leasing it to Habitat. The furniture store closed last May following what it described as a severe deterioration in sales. Habitat had hoped to sell on its lease, and Lidl was among a small number of parties who expressed an interest in the site.
However, the supermarket chain was reportedly unwilling to pay the €2 million, reduced from an initial €3 million, asked by Habitat.
The lease has since been returned to Pixtell, who remain the owners of the premises, and the company has decided to convert the building into a cafe/restaurant instead of seeking another retail lease with Lidl or any other firm.
The planning permission sought, and granted, is unlikely to be appealed to An Bord Pleanála, as it involves a substantial restoration of the original fabric of the mid-19th century building.
The recently added mezzanine floor is to be removed, and the wall between the protected period property and the modern building that adjoins it on Suffolk Street, which was part of the Habitat store, is to be rebuilt.
The application was referred to An Taisce, which said it welcomed the proposal for a Viennese-style cafe as long as the architectural character of the building was maintained and enhanced.
It also said a condition should be imposed to ensure that any alcohol sales on the premises should be in the context of a restaurant only and not a pub or nightclub.
The city council attached a condition that the building not be used as a public house or nightclub.
The section of the Habitat store fronting on to Suffolk Street will remain separate from the cafe and is likely to be leased as a clothing store.
Irish Times
www.buckplanning.ie
Dublin City Council has granted permission to Pixtell Ltd to change the building from a retail premises to a licensed restaurant.
Pixtell is controlled by Tony Leonard, who, with Paddy McKillen, bought the former Bank of Ireland branch in 2002 for €22 million, before leasing it to Habitat. The furniture store closed last May following what it described as a severe deterioration in sales. Habitat had hoped to sell on its lease, and Lidl was among a small number of parties who expressed an interest in the site.
However, the supermarket chain was reportedly unwilling to pay the €2 million, reduced from an initial €3 million, asked by Habitat.
The lease has since been returned to Pixtell, who remain the owners of the premises, and the company has decided to convert the building into a cafe/restaurant instead of seeking another retail lease with Lidl or any other firm.
The planning permission sought, and granted, is unlikely to be appealed to An Bord Pleanála, as it involves a substantial restoration of the original fabric of the mid-19th century building.
The recently added mezzanine floor is to be removed, and the wall between the protected period property and the modern building that adjoins it on Suffolk Street, which was part of the Habitat store, is to be rebuilt.
The application was referred to An Taisce, which said it welcomed the proposal for a Viennese-style cafe as long as the architectural character of the building was maintained and enhanced.
It also said a condition should be imposed to ensure that any alcohol sales on the premises should be in the context of a restaurant only and not a pub or nightclub.
The city council attached a condition that the building not be used as a public house or nightclub.
The section of the Habitat store fronting on to Suffolk Street will remain separate from the cafe and is likely to be leased as a clothing store.
Irish Times
www.buckplanning.ie
Building houses on flood plains is destroying natural defences, says expert
THE practice of building houses and other concrete structures on flood plains is destroying Ireland’s natural flood defences, according to one of the country’s leading experts on coastal engineering.
“If you look at the rainfall patterns over the last 20 years, you will find that there has been a marked change. We are now getting severe bursts of rain rather than precipitation being spread out,” said Dr Jimmy Murphy, coastal engineering manager with the Hydraulics and Maritime Research Centre, University College Cork (UCC).
Dr Murphy attributed much of this change to global warming which has lead to great uncertainty in predicting climate change.
“We have better technology and that means we know more, but the problem is we don’t know what to do about it because we don’t know what the climate will be in the next decade. That is the problem facing us and it is a real challenge.”
“That poses a difficulty in designing coastal defences for an event that might only occur once in several decades. We design structures for extreme events that might happen once in every 50 years while in the Netherlands, they design structures for climatic events that might occur once in every 10,000 years.”
Dr Murphy, who hosts a seminar on flood defences at UCC on Friday, said that, despite the uncertainty in predicting weather patterns, he was not in favour of constructing massive flood defences.
“We do not want huge structures that cost a fortune. It is far better if we find solutions that provide effective early warning systems so we can be prepared for extreme events.”
“There are great challenges and great opportunities and lateral thinking is required when it comes to solving problems. Making our coastal defences climate proof, requires a different kind of thinking. It must be more an ongoing process, a system that needs revisiting from time to time and regular maintenance.
“Recent weather patterns are putting Ireland’s flood defence and coastal infrastructure under increasing pressure. Flooding of cities and towns is now a common occurrence and UCC studies have shown that rainfall patterns have changed considerably in recent years. In addition many of Ireland’s coastal defences may be found to be under designed given future storm and sea level predictions.
“The coastline is coming under increasing threat as is indicated by the recent breaching of the sand dunes on Rossbeigh Beach, Co Kerry. There is an urgent need for decision-makers to understand the challenges facing the country and how best to meet them.”
However, Dr Murphy said he was hopeful for the future. “The design and management methodologies for flood defence systems and coastal structures has developed considerably in recent years. Through monitoring, mapping and modelling there is now a greater understanding of basic system behaviour yet great uncertainty exists as to the nature and magnitudes of environmental loadings. The challenge now is to seek solutions that are both sustainable and cost-effective in the long-term whilst providing sufficient protection against extreme events, such as we have witnessed over the past week.” It is opportune that this seminar brings experts from Ireland, Britain and the Netherlands to discuss these latest developments and possible future trends, he said.
lThe seminar will run from 9.30am to 5pm in the Cavanagh Pharmacy Building, UCC on Friday. To register for this seminar or obtain more information please contact Cora Edwards, Hydraulics and Maritime Research Centre, on (021) 4250021 or email hmrc@ucc.ie.
Irish Examiner
www.buckplanning.ie
“If you look at the rainfall patterns over the last 20 years, you will find that there has been a marked change. We are now getting severe bursts of rain rather than precipitation being spread out,” said Dr Jimmy Murphy, coastal engineering manager with the Hydraulics and Maritime Research Centre, University College Cork (UCC).
Dr Murphy attributed much of this change to global warming which has lead to great uncertainty in predicting climate change.
“We have better technology and that means we know more, but the problem is we don’t know what to do about it because we don’t know what the climate will be in the next decade. That is the problem facing us and it is a real challenge.”
“That poses a difficulty in designing coastal defences for an event that might only occur once in several decades. We design structures for extreme events that might happen once in every 50 years while in the Netherlands, they design structures for climatic events that might occur once in every 10,000 years.”
Dr Murphy, who hosts a seminar on flood defences at UCC on Friday, said that, despite the uncertainty in predicting weather patterns, he was not in favour of constructing massive flood defences.
“We do not want huge structures that cost a fortune. It is far better if we find solutions that provide effective early warning systems so we can be prepared for extreme events.”
“There are great challenges and great opportunities and lateral thinking is required when it comes to solving problems. Making our coastal defences climate proof, requires a different kind of thinking. It must be more an ongoing process, a system that needs revisiting from time to time and regular maintenance.
“Recent weather patterns are putting Ireland’s flood defence and coastal infrastructure under increasing pressure. Flooding of cities and towns is now a common occurrence and UCC studies have shown that rainfall patterns have changed considerably in recent years. In addition many of Ireland’s coastal defences may be found to be under designed given future storm and sea level predictions.
“The coastline is coming under increasing threat as is indicated by the recent breaching of the sand dunes on Rossbeigh Beach, Co Kerry. There is an urgent need for decision-makers to understand the challenges facing the country and how best to meet them.”
However, Dr Murphy said he was hopeful for the future. “The design and management methodologies for flood defence systems and coastal structures has developed considerably in recent years. Through monitoring, mapping and modelling there is now a greater understanding of basic system behaviour yet great uncertainty exists as to the nature and magnitudes of environmental loadings. The challenge now is to seek solutions that are both sustainable and cost-effective in the long-term whilst providing sufficient protection against extreme events, such as we have witnessed over the past week.” It is opportune that this seminar brings experts from Ireland, Britain and the Netherlands to discuss these latest developments and possible future trends, he said.
lThe seminar will run from 9.30am to 5pm in the Cavanagh Pharmacy Building, UCC on Friday. To register for this seminar or obtain more information please contact Cora Edwards, Hydraulics and Maritime Research Centre, on (021) 4250021 or email hmrc@ucc.ie.
Irish Examiner
www.buckplanning.ie
Developers defend Killarney tower
KILLARNEY’S answer to the spectacular viewing platform on the Grand Canyon, in the US, will not affect the livelihoods of traditional jarveys and boatmen, the developers insisted yesterday.
Killarney Town Council has given planning permission for a 270ft (82m) viewing tower, part of a major shopping/tourism development in the 14-acre Malton Hotel site for which planning was granted, last month.
But two Independent town councillors, Donal Grady and Michael Courtney, said they would be appealing the decision to An Bord Pleanála.
Mr Grady claimed: “Who would want to view Killarney from Aghadoe if they can get a quick trip up a tower? I believe tour operators and people giving boat trips on the lakes will be affected if the tower goes ahead.”
He also said a tower would not be in keeping with the physical environment of Killarney.
Killarney was a town of low structures and something almost 90m height would “desecrate” the town, he argued.
Mr Grady, whose family are in the jarvey business, said a tower would be totally out of place and a “disgrace on the skyline”.
But, Michael O’Shea, a director of Beara BL, the company behind the project, said it would enhance visitors’ experience of Killarney, just as a dramatic viewing area was doing on the Grand Canyon.
It would be a showpiece and a shop window for the area’s beauty spots, he maintained.
“I believe people who go up on the tower will be so ‘wowed’ that they will be encouraged to go out there and see the beauty spots,” said Mr O’Shea who also rejected claims it would intrude on the privacy of people’s homes.
“One of the main jarvey companies in Killarney have told us they are very much in favour of the tower.”
Mr O’Shea has stated his company’s ambitious €200 million shopping and tourism development is going ahead in Killarney.
Beara BL has planning permission for 18,000 square metres of retail space, a new hotel block, an underground car park with 1,200 spaces, a courthouse and an eight-screen cinema.
Some of the buildings will be up to five storeys with an entrance plaza onto East Avenue Road.
Irish Examiner
www.buckplanning.ie
Killarney Town Council has given planning permission for a 270ft (82m) viewing tower, part of a major shopping/tourism development in the 14-acre Malton Hotel site for which planning was granted, last month.
But two Independent town councillors, Donal Grady and Michael Courtney, said they would be appealing the decision to An Bord Pleanála.
Mr Grady claimed: “Who would want to view Killarney from Aghadoe if they can get a quick trip up a tower? I believe tour operators and people giving boat trips on the lakes will be affected if the tower goes ahead.”
He also said a tower would not be in keeping with the physical environment of Killarney.
Killarney was a town of low structures and something almost 90m height would “desecrate” the town, he argued.
Mr Grady, whose family are in the jarvey business, said a tower would be totally out of place and a “disgrace on the skyline”.
But, Michael O’Shea, a director of Beara BL, the company behind the project, said it would enhance visitors’ experience of Killarney, just as a dramatic viewing area was doing on the Grand Canyon.
It would be a showpiece and a shop window for the area’s beauty spots, he maintained.
“I believe people who go up on the tower will be so ‘wowed’ that they will be encouraged to go out there and see the beauty spots,” said Mr O’Shea who also rejected claims it would intrude on the privacy of people’s homes.
“One of the main jarvey companies in Killarney have told us they are very much in favour of the tower.”
Mr O’Shea has stated his company’s ambitious €200 million shopping and tourism development is going ahead in Killarney.
Beara BL has planning permission for 18,000 square metres of retail space, a new hotel block, an underground car park with 1,200 spaces, a courthouse and an eight-screen cinema.
Some of the buildings will be up to five storeys with an entrance plaza onto East Avenue Road.
Irish Examiner
www.buckplanning.ie
Tuesday, 27 January 2009
Rezoning for Ó Sé sports centre plan
THE way was cleared yesterday for a sports interpretive centre-cum-residential development by Kerry football legend Páidi Ó Sé on his property in Ard Bhothair, Ventry.
But, in deciding to give Mr Ó Sé the land rezonings he had sought, members of Kerry County Council refused to accept all the advice of their senior planners.
He requested that his pub and land, to the east of the business, be rezoned from prime special amenity to residential/opportunity and/ or rural/general.
Senior planning engineer Tom Sheehy said the rural/general rezoning would be acceptable, but the land could not be rezoned residential/opportunity.
“In the local area plan the council took a decision not to re-open residential zoning. Legally, we can’t do it and that’s the bottom line,” he said.
He also pointed out it was council policy not to allow holiday homes in rural areas.
But councillors unanimously rowed in behind Mr Ó Sé, who was in the public gallery, and voted for both zonings to be included in the county development plan 2009-2015.
The proposal was made by FF councillor Michael O’Shea, seconded by Independent councillor Michael Gleeson.
The zonings will facilitate the erection of a sports interpretive centre in the existing pub functions room area and a residential development to provide accommodation for family members, employees and people attending conferences in the interpretive centre.
FF councillor Paul O’Donoghue said Údarás na Gaeltactha was supporting Mr Ó Sé’s application which would help create jobs and attract visitors to the area.
“This is exactly what we should be doing — trying to help people create jobs,” Mr O’Donoghue went on.
“We can amend rules and procedures to provide jobs. This is a superb, innovative proposal which will help the community.”
Mr Gleeson said he had visited the site and could not see any substantial problem with what was being proposed.
“It’s a valid and fair request for rezoning,” he remarked.
While urging the council not to agree to a residential/opportunity rezoning, Mr Sheehy said a rural/general rezoning would not preclude a material contravention if future developments were planned.
“With a rural/general rezoning, we could then deal with a planning application on its merits,” he said.
Irish Examiner
www.buckplanning.ie
But, in deciding to give Mr Ó Sé the land rezonings he had sought, members of Kerry County Council refused to accept all the advice of their senior planners.
He requested that his pub and land, to the east of the business, be rezoned from prime special amenity to residential/opportunity and/ or rural/general.
Senior planning engineer Tom Sheehy said the rural/general rezoning would be acceptable, but the land could not be rezoned residential/opportunity.
“In the local area plan the council took a decision not to re-open residential zoning. Legally, we can’t do it and that’s the bottom line,” he said.
He also pointed out it was council policy not to allow holiday homes in rural areas.
But councillors unanimously rowed in behind Mr Ó Sé, who was in the public gallery, and voted for both zonings to be included in the county development plan 2009-2015.
The proposal was made by FF councillor Michael O’Shea, seconded by Independent councillor Michael Gleeson.
The zonings will facilitate the erection of a sports interpretive centre in the existing pub functions room area and a residential development to provide accommodation for family members, employees and people attending conferences in the interpretive centre.
FF councillor Paul O’Donoghue said Údarás na Gaeltactha was supporting Mr Ó Sé’s application which would help create jobs and attract visitors to the area.
“This is exactly what we should be doing — trying to help people create jobs,” Mr O’Donoghue went on.
“We can amend rules and procedures to provide jobs. This is a superb, innovative proposal which will help the community.”
Mr Gleeson said he had visited the site and could not see any substantial problem with what was being proposed.
“It’s a valid and fair request for rezoning,” he remarked.
While urging the council not to agree to a residential/opportunity rezoning, Mr Sheehy said a rural/general rezoning would not preclude a material contravention if future developments were planned.
“With a rural/general rezoning, we could then deal with a planning application on its merits,” he said.
Irish Examiner
www.buckplanning.ie
Estate agent claims €1.5m in unpaid fees from developer
A FIRM of estate agents has brought a legal action against one of the country’s largest property developers claiming €1.5 million in unpaid fees.
The action taken by CB Richard Ellis against Sean Dunne was transferred to the Commercial Court yesterday by Mr Justice Peter Kelly who listed it for hearing on February 18.
The judge was told by Brian Murray SC, for Mr Dunne, the alleged liability was not of Mr Dunne, but of one of his companies, Mountbrook Homes Ltd.
CB Richard Ellis has claimed in an affidavit the agreement involved in the case was made with Mr Dunne personally and alleges the appearance entered by the defence was “solely for the purpose of delay”.
Asked by the judge what was the defence, Mr Murray said there was “a very significant dispute” about the amount of the claim and there was also an issue in relation to the level of services provided.
CB Richard Ellis, with registered offices at Connaught House, Burlington Road, Dublin, is claiming the fees in relation to a commercial property transaction involving the sale of premises known as Riverside IV at Sir John Rogerson’s Quay in Dublin and the part exchange of that with another property, Hume House, Pembroke Road.
In an affidavit, CB Richard Ellis director Willie Dowling said Mr Dunne had, under an oral agreement evidenced by a fax of September 15, 2004, engaged the services of CB Richard Ellis concerning the transaction. CB Richard Ellis had acted for Mr Dunne personally and also for his companies on many occasions. While the fax of September 15, 2004, was on the headed notepaper of Mountbrook, the agreement on the Riverside IV deal was with Mr Dunne in his personal capacity and Mountbrook had no involvement with the transaction “on any level”.
Mr Dowling said the aspect of his company’s fee which was in dispute related to an investment fee agreed at 0.75% of the sale price, which amounted to €1.44 million, plus VAT.
He had later negotiated a reduction of that fee on a goodwill basis to €1.25 million, plus VAT (some €1.52 million).
Irish Examiner
www.buckplanning.ie
The action taken by CB Richard Ellis against Sean Dunne was transferred to the Commercial Court yesterday by Mr Justice Peter Kelly who listed it for hearing on February 18.
The judge was told by Brian Murray SC, for Mr Dunne, the alleged liability was not of Mr Dunne, but of one of his companies, Mountbrook Homes Ltd.
CB Richard Ellis has claimed in an affidavit the agreement involved in the case was made with Mr Dunne personally and alleges the appearance entered by the defence was “solely for the purpose of delay”.
Asked by the judge what was the defence, Mr Murray said there was “a very significant dispute” about the amount of the claim and there was also an issue in relation to the level of services provided.
CB Richard Ellis, with registered offices at Connaught House, Burlington Road, Dublin, is claiming the fees in relation to a commercial property transaction involving the sale of premises known as Riverside IV at Sir John Rogerson’s Quay in Dublin and the part exchange of that with another property, Hume House, Pembroke Road.
In an affidavit, CB Richard Ellis director Willie Dowling said Mr Dunne had, under an oral agreement evidenced by a fax of September 15, 2004, engaged the services of CB Richard Ellis concerning the transaction. CB Richard Ellis had acted for Mr Dunne personally and also for his companies on many occasions. While the fax of September 15, 2004, was on the headed notepaper of Mountbrook, the agreement on the Riverside IV deal was with Mr Dunne in his personal capacity and Mountbrook had no involvement with the transaction “on any level”.
Mr Dowling said the aspect of his company’s fee which was in dispute related to an investment fee agreed at 0.75% of the sale price, which amounted to €1.44 million, plus VAT.
He had later negotiated a reduction of that fee on a goodwill basis to €1.25 million, plus VAT (some €1.52 million).
Irish Examiner
www.buckplanning.ie
Gormley says he wants Burren project to continue
A PLEDGE to take all possible steps to continue funding a conservation project in the Burren, Co Clare, has been made by the Minister for the Environment.
BurrenLIFE is described as the first major farming conservation project in Ireland. Its funding of €2.23 million, three-quarters of which came from the EU, is due to finish in September.
At the official launch yesterday of a DVD on the project which has been running for five years, John Gormley said that in the present economic climate, finding funding was difficult. “My department will be taking all steps to find a way forward and will talk to all the parties involved,” he said.
Twenty farms are involved in the project which includes active management of priority habitats, including orchid-rich grassland, limestone pavement and turloughs.
“The unique landscape of the Burren is not an entirely spontaneous, natural phenomenon, but is the result of farming practices over thousands of years.”
Mr Gormley said the project had been a highly successful partnership between the European Commission, the National Parks and Wildlife Service, Teagasc, the Burren Irish Farmers’ Association and local farmers.
It had improved access for cattle, enhancing livestock-management facilities and had helped to repair dry stone walls and had developed a special feed formula for cattle. Project manager Dr Brendan Dunford said he wanted to see it continue and for the hundreds of other farmers who managed the Burren landscape to come into the system.
Ruairí Ó Conchúir, finance officer with the project, said the DVD was the first Irish-made farming for conservation DVD as a resource and training tool for farmers, planners and policy makers.
All the speakers at the launch said the project had been successful because of the co-operation of the farmers who worked as equals. The project had been developing a new model for sustainable agriculture in the Burren to conserve designated habitats.
Irish Times
www.buckplanning.ie
BurrenLIFE is described as the first major farming conservation project in Ireland. Its funding of €2.23 million, three-quarters of which came from the EU, is due to finish in September.
At the official launch yesterday of a DVD on the project which has been running for five years, John Gormley said that in the present economic climate, finding funding was difficult. “My department will be taking all steps to find a way forward and will talk to all the parties involved,” he said.
Twenty farms are involved in the project which includes active management of priority habitats, including orchid-rich grassland, limestone pavement and turloughs.
“The unique landscape of the Burren is not an entirely spontaneous, natural phenomenon, but is the result of farming practices over thousands of years.”
Mr Gormley said the project had been a highly successful partnership between the European Commission, the National Parks and Wildlife Service, Teagasc, the Burren Irish Farmers’ Association and local farmers.
It had improved access for cattle, enhancing livestock-management facilities and had helped to repair dry stone walls and had developed a special feed formula for cattle. Project manager Dr Brendan Dunford said he wanted to see it continue and for the hundreds of other farmers who managed the Burren landscape to come into the system.
Ruairí Ó Conchúir, finance officer with the project, said the DVD was the first Irish-made farming for conservation DVD as a resource and training tool for farmers, planners and policy makers.
All the speakers at the launch said the project had been successful because of the co-operation of the farmers who worked as equals. The project had been developing a new model for sustainable agriculture in the Burren to conserve designated habitats.
Irish Times
www.buckplanning.ie
Monday, 26 January 2009
Dublin City Development Plan
Dublin City Council has announced that intends to review the Dublin City Development Plan 2005-2011 and prepare a new City Development Plan for its functional area.
The Planning Authority will carry out a Strategic Environmental Assessment [SEA] as part of the review process and, for this purpose, the Planning Authority will also prepare an environmental report on the likely significant effects on the environment of implementing the new plan.
The Dublin City Development Plan is a scheme for creating a sustainable and vibrant city in the context of a strategy for a Greater Dublin. The plan focuses on developing the core area of the city and protecting the future of the city centre as the heart of the region.
To assist this process, an ‘Issues’ booklet, which identifies the kind of planning issues that the next City Development Plan could address, has been prepared.
For more information and/or to submit an observation contact bps on 0404-66060 or email admin@buckplanning.ie
www.buckplanning.ie
The Planning Authority will carry out a Strategic Environmental Assessment [SEA] as part of the review process and, for this purpose, the Planning Authority will also prepare an environmental report on the likely significant effects on the environment of implementing the new plan.
The Dublin City Development Plan is a scheme for creating a sustainable and vibrant city in the context of a strategy for a Greater Dublin. The plan focuses on developing the core area of the city and protecting the future of the city centre as the heart of the region.
To assist this process, an ‘Issues’ booklet, which identifies the kind of planning issues that the next City Development Plan could address, has been prepared.
For more information and/or to submit an observation contact bps on 0404-66060 or email admin@buckplanning.ie
www.buckplanning.ie
New Master Plan adopted for Dublin Docklands
The Dublin Docklands Master Plan 2008 has been adopted following extensive public consultation and significant modifications to the initial draft plan.
After the publication of the draft Master Plan last June, 123 submissions were received and each was carefully considered and incorporated where appropriate. The amended draft Master Plan was then presented for adoption to the 26-member council of the Docklands Authority, which includes community representatives, local councillors and stakeholders.
The 2008 Master Plan lays the foundations for the next five to ten years of the Dublin Docklands project. Building on the success of both the 1997 and 2003 Master Plans, it will provide the reference point for the roll-out of projects, programmes and policies for the sustainable regeneration of the Docklands. It is a very comprehensive document covering social regeneration, economic development, land use, transportation, infrastructure, urban design, arts, culture, tourism and leisure.
Donal O'Connor Chairman, Dublin Docklands Development Authority said that the preparation of the Master Plan had involved extensive stakeholder consultation and wider public engagement and that the final document had been enriched as a result of the consultation process and submissions.
"When this Master Plan can be delivered, it will bring enormous benefits to all stakeholders - including the city of Dublin, the local community and the new community - and will play an important part in delivering jobs and economic prosperity for our city. The current unfavourable economic climate will pose many challenges for all of us as we pursue our ambitions on behalf of Docklands. However, I am confident, that Docklands will continue to be a vibrant and positive regeneration project for the city of Dublin" - he said.
www.buckplanning.ie
After the publication of the draft Master Plan last June, 123 submissions were received and each was carefully considered and incorporated where appropriate. The amended draft Master Plan was then presented for adoption to the 26-member council of the Docklands Authority, which includes community representatives, local councillors and stakeholders.
The 2008 Master Plan lays the foundations for the next five to ten years of the Dublin Docklands project. Building on the success of both the 1997 and 2003 Master Plans, it will provide the reference point for the roll-out of projects, programmes and policies for the sustainable regeneration of the Docklands. It is a very comprehensive document covering social regeneration, economic development, land use, transportation, infrastructure, urban design, arts, culture, tourism and leisure.
Donal O'Connor Chairman, Dublin Docklands Development Authority said that the preparation of the Master Plan had involved extensive stakeholder consultation and wider public engagement and that the final document had been enriched as a result of the consultation process and submissions.
"When this Master Plan can be delivered, it will bring enormous benefits to all stakeholders - including the city of Dublin, the local community and the new community - and will play an important part in delivering jobs and economic prosperity for our city. The current unfavourable economic climate will pose many challenges for all of us as we pursue our ambitions on behalf of Docklands. However, I am confident, that Docklands will continue to be a vibrant and positive regeneration project for the city of Dublin" - he said.
www.buckplanning.ie
Minister Kitt addresses major cross-border planning conference
Mr. Michael Kitt, T.D., Minister of State at the Department of the Environment, Heritage and Local Government, addressed a major cross-border planning conference in Letterkenny, Co. Donegal.
The conference was organised by the International Centre for Local and Regional Development (ICLRD) and was also addressed by Mr. Conor Murphy, MP MLA, Minister for Regional Development in Northern Ireland.
The theme of the conference - which was attended by policy-makers, public bodies, academics and non-Government organisations from both sides of the border and from abroad - was - 'Achieving Balanced Regional Development - Dynamic Regions, Spatial Strategies and Collaboration'. The conference focused on the impact of spatial strategies and designated growth centres - such as gateways - on balanced regional and local development.
Over the two days of the conference, a broad range of international speakers shared their experiences and know-how on planning initiatives, including the regional impact of cross-border planning initiatives on both sides of the border. The conference and the Minister’s address was timely, given that the plenary session of the North South Ministerial Council - held on 23 January in Magee Campus, Derry - also focused on cross-border initiatives.
In his address, Minister Kitt emphasised the need for cross-border co-operation and collaboration to maximise opportunities on the island of Ireland to boost our economic performance and competitiveness.
“In global terms, we’re a small nation on a small island. In order to withstand and recover from economic shocks, we must maximise our strengths and ensure that we are well-positioned to grasp the opportunities that we have or that come our way" - the Minister said.
"As well as our shared cultural heritage, we also have strong - and, indeed, growing - economic links with Northern Ireland. The reality we must all face is that we are operating within an all-island economy and, so, we have to start thinking in those terms. We are stronger when we work together - we can achieve more through collaboration than competition."
The Minister voiced his strong support for the Framework for Collaboration on Spatial Strategies on the Island of Ireland, which has been drafted by officials and experts from both the Republic and Northern Ireland to highlight the synergies and shared opportunities presented by the National Spatial Strategy (NSS) and the Regional Development Strategy for Northern Ireland in cross-border spatial development, in order to maximise the region’s development. It is expected that the Framework will shortly be considered and endorsed by both Governments.
Minister Power called on everyone to put a fair wind behind the Collaborative Spatial Framework - which will present challenges, but also significant potential benefits arising from greater collaboration. “We must see it as a starting point which will require commitment, energy, support and clear actions from all stakeholders - central and local Governments, Government and State Agencies, the private sector, academia and NGOs.”
The Minister went on to inform the conference that the NSS is to be refreshed and updated in the coming months by identifying the achievements to-date, highlighting best practice, the challenges for the future and the best spatial policy responses to those challenges.
The dovetailing of the NSS Refresh with an ongoing review of the Northern Ireland’s RDS and the adoption of the Collaborative Spatial Framework are essentially interlinked for the positive and future-looking and implementation of cross-border development.
Minister Power also highlighted the need for a focus on creating and nurturing competitive cities, which act as drivers of wider regional development - “Cities and larger urban areas, that are attractive, competitive, sustainable and dynamic, are one of the key drivers for regional development. International research clearly shows that successful countries and regions must have successful cities and urban areas at their core.
"As well as bringing economies of scale, good linkage between businesses and a concentrated skilled workforce, competitive cities contribute to the formation of competitive regions by acting economic engines that promote regional growth and employment."
Concluding, the Minister said - "The process of updating and refreshing the NSS will look at our network of cities, our gateways and hub towns and set out what needs to be done to assure and accelerate their development as drivers for their wider regions and more rural environs. Challenging questions will also need to be addressed within the NSS update and refresh process about the roles that rural areas must play in the wider context of regional development.”
www.buckplanning.ie
The conference was organised by the International Centre for Local and Regional Development (ICLRD) and was also addressed by Mr. Conor Murphy, MP MLA, Minister for Regional Development in Northern Ireland.
The theme of the conference - which was attended by policy-makers, public bodies, academics and non-Government organisations from both sides of the border and from abroad - was - 'Achieving Balanced Regional Development - Dynamic Regions, Spatial Strategies and Collaboration'. The conference focused on the impact of spatial strategies and designated growth centres - such as gateways - on balanced regional and local development.
Over the two days of the conference, a broad range of international speakers shared their experiences and know-how on planning initiatives, including the regional impact of cross-border planning initiatives on both sides of the border. The conference and the Minister’s address was timely, given that the plenary session of the North South Ministerial Council - held on 23 January in Magee Campus, Derry - also focused on cross-border initiatives.
In his address, Minister Kitt emphasised the need for cross-border co-operation and collaboration to maximise opportunities on the island of Ireland to boost our economic performance and competitiveness.
“In global terms, we’re a small nation on a small island. In order to withstand and recover from economic shocks, we must maximise our strengths and ensure that we are well-positioned to grasp the opportunities that we have or that come our way" - the Minister said.
"As well as our shared cultural heritage, we also have strong - and, indeed, growing - economic links with Northern Ireland. The reality we must all face is that we are operating within an all-island economy and, so, we have to start thinking in those terms. We are stronger when we work together - we can achieve more through collaboration than competition."
The Minister voiced his strong support for the Framework for Collaboration on Spatial Strategies on the Island of Ireland, which has been drafted by officials and experts from both the Republic and Northern Ireland to highlight the synergies and shared opportunities presented by the National Spatial Strategy (NSS) and the Regional Development Strategy for Northern Ireland in cross-border spatial development, in order to maximise the region’s development. It is expected that the Framework will shortly be considered and endorsed by both Governments.
Minister Power called on everyone to put a fair wind behind the Collaborative Spatial Framework - which will present challenges, but also significant potential benefits arising from greater collaboration. “We must see it as a starting point which will require commitment, energy, support and clear actions from all stakeholders - central and local Governments, Government and State Agencies, the private sector, academia and NGOs.”
The Minister went on to inform the conference that the NSS is to be refreshed and updated in the coming months by identifying the achievements to-date, highlighting best practice, the challenges for the future and the best spatial policy responses to those challenges.
The dovetailing of the NSS Refresh with an ongoing review of the Northern Ireland’s RDS and the adoption of the Collaborative Spatial Framework are essentially interlinked for the positive and future-looking and implementation of cross-border development.
Minister Power also highlighted the need for a focus on creating and nurturing competitive cities, which act as drivers of wider regional development - “Cities and larger urban areas, that are attractive, competitive, sustainable and dynamic, are one of the key drivers for regional development. International research clearly shows that successful countries and regions must have successful cities and urban areas at their core.
"As well as bringing economies of scale, good linkage between businesses and a concentrated skilled workforce, competitive cities contribute to the formation of competitive regions by acting economic engines that promote regional growth and employment."
Concluding, the Minister said - "The process of updating and refreshing the NSS will look at our network of cities, our gateways and hub towns and set out what needs to be done to assure and accelerate their development as drivers for their wider regions and more rural environs. Challenging questions will also need to be addressed within the NSS update and refresh process about the roles that rural areas must play in the wider context of regional development.”
www.buckplanning.ie
All transport agencies should be merged, says roads
The boards of the state's transport agencies should be abolished to make savings and replaced with a new national transport authority, the chairman of the National Roads Authority has urged.
He said a new agency with overall responsibility for roads, rail, bus, ports and airports should be established to streamline transport planning, and now was the "ideal time" to do it, given the pressure on the public finances.
NRA chief Peter Malone has also urged the Government to continue to invest in roads infrastructure to help Ireland regain competitiveness and attract inward investment.
Speaking to The Irish Independent, he said that continued investment would help secure jobs - adding that businesses would be reluctant to locate here if the roads system was not up to international standards.
While almost 2,000km of road had been upgraded in recent years, another 3,000km needed to be done.
"If I was in Government, I'd find money to finish the infrastructure. Now's the time - when things are difficult - to spend money on the infrastructure. We're going to come out of the recession and we need the roads. We need to think about next year and the year after."
In addition, he said that, while the various state agencies worked together to plan major transport projects, a 'one-stop shop' was needed. "The state of Massachusetts is roughly the same size as Ireland with twice the population, but with one transport authority, which includes the airports" - he said. "Do away with all the companies - all the boards are gone, so there's savings there.
"There would be managers for rail, bus, airports and so on. Now, when things are so bad, is an ideal time to do this."
Department of Transport sources said the Dublin Transportation Authority, when established later this year, could have a national focus. "Our main focus at the moment is getting the structures up and in place" - one source said. "The Minister is not adverse to it."
Irish Independent
www.buckplanning.ie
He said a new agency with overall responsibility for roads, rail, bus, ports and airports should be established to streamline transport planning, and now was the "ideal time" to do it, given the pressure on the public finances.
NRA chief Peter Malone has also urged the Government to continue to invest in roads infrastructure to help Ireland regain competitiveness and attract inward investment.
Speaking to The Irish Independent, he said that continued investment would help secure jobs - adding that businesses would be reluctant to locate here if the roads system was not up to international standards.
While almost 2,000km of road had been upgraded in recent years, another 3,000km needed to be done.
"If I was in Government, I'd find money to finish the infrastructure. Now's the time - when things are difficult - to spend money on the infrastructure. We're going to come out of the recession and we need the roads. We need to think about next year and the year after."
In addition, he said that, while the various state agencies worked together to plan major transport projects, a 'one-stop shop' was needed. "The state of Massachusetts is roughly the same size as Ireland with twice the population, but with one transport authority, which includes the airports" - he said. "Do away with all the companies - all the boards are gone, so there's savings there.
"There would be managers for rail, bus, airports and so on. Now, when things are so bad, is an ideal time to do this."
Department of Transport sources said the Dublin Transportation Authority, when established later this year, could have a national focus. "Our main focus at the moment is getting the structures up and in place" - one source said. "The Minister is not adverse to it."
Irish Independent
www.buckplanning.ie
Dublin Transport Authority this year
The Dublin Transport Authority is likely to be fully established and functional by the middle of this year, Minister for Transport Noel Dempsey TD said.
The Department has placed an advertisement in newspapers seeking a chief executive for the authority.
The setting up of the authority has been long-mooted, but the most significant move towards setting it up came when the Act establishing the transport authority was passed by the Oireachtas earlier this year.
Mr Dempsey told The Irish Times that the authority being set up would lead to the overdue reform of the 1932 Transport Act.
“I expect to have it up and operational by the middle of this year, once this chief executive is in place. It has the capacity and the potential to transform the provision of transport in the greater Dublin area.”
The Irish Times
www.buckplanning.ie
The Department has placed an advertisement in newspapers seeking a chief executive for the authority.
The setting up of the authority has been long-mooted, but the most significant move towards setting it up came when the Act establishing the transport authority was passed by the Oireachtas earlier this year.
Mr Dempsey told The Irish Times that the authority being set up would lead to the overdue reform of the 1932 Transport Act.
“I expect to have it up and operational by the middle of this year, once this chief executive is in place. It has the capacity and the potential to transform the provision of transport in the greater Dublin area.”
The Irish Times
www.buckplanning.ie
No zoning change despite fears for retail in Killarney town centre
DESPITE concerns that the commercial lifeblood is being sucked out of the centre of Killarney, a developing shopping complex on the outskirts of the town is to hold onto its retail zoning.
Local council management had recommended that the Deerpark complex, which includes Tesco, Marks & Spencer (M&S) and other well-known names, switch its zoning to “bulky goods” sales — such as carpets, furniture and automotive products.
However, FF councillor Brian O’Leary said larger retail stores could be turned away from Killarney if they could not locate in Deerpark.
He said there was a lack of infrastructure in the town centre and difficulties with parking for eight months of the year during the tourist season.
“If M&S could not open in Deerpark they might not have come to Killarney and other stores could also be turned away if retailers are not allowed in there,” Mr O’Leary argued.
Independent councillor Michael Courtney said the centre of Killarney was being “slowly choked”, with several shops already closed.
South Kerry Independent Alliance councillor Michael Gleeson also said it was important to retain the vibrancy of the town centre.
The council, however, voted in favour of the Deerpark area retaining its current retail/town centre zoning status rather than limiting new developments there solely to sales of bulky goods.
The issue arose during a meeting on a new Killarney town development plan.
Meanwhile, in a bid to ease parking problems in Killarney, the council is currently in negotiations with the owners of the former Torc Great Southern Hotel site.
The aim is to use the site to provide more parking spaces for cars and buses, close to the town centre.
FG councillor Sheila Casey said on-street parking of buses had a significant impact in the town, causing log jams and taking up spaces that could be used by other people.
Irish Examiner
www.buckplanning.ie
Local council management had recommended that the Deerpark complex, which includes Tesco, Marks & Spencer (M&S) and other well-known names, switch its zoning to “bulky goods” sales — such as carpets, furniture and automotive products.
However, FF councillor Brian O’Leary said larger retail stores could be turned away from Killarney if they could not locate in Deerpark.
He said there was a lack of infrastructure in the town centre and difficulties with parking for eight months of the year during the tourist season.
“If M&S could not open in Deerpark they might not have come to Killarney and other stores could also be turned away if retailers are not allowed in there,” Mr O’Leary argued.
Independent councillor Michael Courtney said the centre of Killarney was being “slowly choked”, with several shops already closed.
South Kerry Independent Alliance councillor Michael Gleeson also said it was important to retain the vibrancy of the town centre.
The council, however, voted in favour of the Deerpark area retaining its current retail/town centre zoning status rather than limiting new developments there solely to sales of bulky goods.
The issue arose during a meeting on a new Killarney town development plan.
Meanwhile, in a bid to ease parking problems in Killarney, the council is currently in negotiations with the owners of the former Torc Great Southern Hotel site.
The aim is to use the site to provide more parking spaces for cars and buses, close to the town centre.
FG councillor Sheila Casey said on-street parking of buses had a significant impact in the town, causing log jams and taking up spaces that could be used by other people.
Irish Examiner
www.buckplanning.ie
Oireachtas car park must go, says OPW
PLANS TO build an underground car park under Leinster House must be indefinitely deferred and the temporary car park on Leinster Lawn removed, the Office of Public Works (OPW) has said.
Leinster Lawn, which faces Merrion Square in front of the Houses of the Oireachtas, was replaced by a car park in July 1998 as a temporary measure during the construction of new facilities for Leinster House.
The planning permission for the work at the time required the lawn be reinstated after the works on Leinster House were completed in 2000. However, this was never done. The OPW deferred the restoration of the lawn on the grounds that an underground car park was planned for the politicians and staff of the Houses.
Minister of State with responsibility for the OPW Martin Mansergh told the last meeting of the Oireachtas Commission, a 10-member group of TDs and Senators which is responsible for the facilities at Leinster House, that there was no money for the car park and it could not proceed in the medium term. However, the OPW was committed to honouring the planning requirement to restore the lawn.
Minutes of the meeting show the commission was asked to either request that the OPW restore the lawn or seek an extension of planning permission for the temporary car park. The commission, chaired by Ceann Comhairle John O’Donoghue, questioned the value for money of restoring the lawn and incurring the additional expense of leasing necessary car parking spaces for Oireachtas members.
Instead of making a decision the commission has asked the OPW to report back on a number of issues. The commission is seeking an assurance that if the lawn is restored members will still have parking on Leinster House grounds; that staff who would lose their parking spaces as a result would have “alternative parking solutions”; and that the OPW conduct an analysis of current usage of the Leinster Lawn parking.
Irish Times
www.buckplanning.ie
Leinster Lawn, which faces Merrion Square in front of the Houses of the Oireachtas, was replaced by a car park in July 1998 as a temporary measure during the construction of new facilities for Leinster House.
The planning permission for the work at the time required the lawn be reinstated after the works on Leinster House were completed in 2000. However, this was never done. The OPW deferred the restoration of the lawn on the grounds that an underground car park was planned for the politicians and staff of the Houses.
Minister of State with responsibility for the OPW Martin Mansergh told the last meeting of the Oireachtas Commission, a 10-member group of TDs and Senators which is responsible for the facilities at Leinster House, that there was no money for the car park and it could not proceed in the medium term. However, the OPW was committed to honouring the planning requirement to restore the lawn.
Minutes of the meeting show the commission was asked to either request that the OPW restore the lawn or seek an extension of planning permission for the temporary car park. The commission, chaired by Ceann Comhairle John O’Donoghue, questioned the value for money of restoring the lawn and incurring the additional expense of leasing necessary car parking spaces for Oireachtas members.
Instead of making a decision the commission has asked the OPW to report back on a number of issues. The commission is seeking an assurance that if the lawn is restored members will still have parking on Leinster House grounds; that staff who would lose their parking spaces as a result would have “alternative parking solutions”; and that the OPW conduct an analysis of current usage of the Leinster Lawn parking.
Irish Times
www.buckplanning.ie
Lissadell row robs public of chance to see rare Yeats note
A rare letter which may have been the last written by poet WB Yeats before his death 70 years ago will go into storage this week because of a continuing row over Lissadell House in Sligo.
The exhibition of material, meticulously collected by Lissadell owners, Edward Walsh and Constance Cassidy, was due to go on display on Wednesday to coincide with the 70th anniversary of the death of the poet, forever synonymous with the north Sligo stately home.
But a row, which erupted weeks ago when Sligo County Council moved to preserve alleged rights of way through the 400-acre estate which are contested by its new lawyer owners, has led to the closure of the house to the public.
The launch of the exhibition was to have been one of a number of events to mark the special anniversary but barrister Edward Walsh confirmed yesterday that it had been agreed with Failte Ireland that it would be "pointless" launching the Yeats exhibition when it would then be closed to the public.
He has spent the past two years sourcing original Yeats material which would have been going on public show for the first time.
Among the material he has gathered are letters, including one which he believed could have been the last one ever written by the poet It was sent from Roquebrun in France, where Yeats lived out his final days, to a playwright called Mar Duncan who had sought the poet's approval of a play he had written for the Abbey Theatre.
"Yeats was quite scathing about the suitability of the particular play for the Abbey.
"I believe it could have been the last letter he ever wrote. If it wasn't the last, it certainly was written during his last week alive," said Mr Walsh.
The collection was to go on display in a special gallery in the magnificently refurbished coach house and, according to Mr Walsh, would have matched the Yeats collection in the National Gallery.
Frustrated
He admitted he felt frustrated that he had to abandon the project.
"The disillusionment intensifies to an amazing degree," he said.
On Wednesday, the death of the Nobel Laureate will be marked with a short memorial service in St John's Cathedral in Sligo.
This will be followed by the launch of the Yeats Trail when another Nobel Laureate, Seamus Heaney will introduce the newly updated leaflet covering locations in Sligo and Galway most associated by Yeats.
Meanwhile, Mr Walsh, whose family has initiated legal proceedings against Sligo County Council, revealed that an exploratory meeting between him and Sligo County Manager, Hubert Kearns will take place in Dublin tonight in a bid to break the impasse.
This is the first face-to-face meeting between both sides since the row erupted.
The Walsh-Cassidys insist that they were assured by the previous owner and the local authority that there were no public rights of way through the estate when they bought it in 2003.
Anita Guidera
Irish Independent
www.buckplanning.ie
The exhibition of material, meticulously collected by Lissadell owners, Edward Walsh and Constance Cassidy, was due to go on display on Wednesday to coincide with the 70th anniversary of the death of the poet, forever synonymous with the north Sligo stately home.
But a row, which erupted weeks ago when Sligo County Council moved to preserve alleged rights of way through the 400-acre estate which are contested by its new lawyer owners, has led to the closure of the house to the public.
The launch of the exhibition was to have been one of a number of events to mark the special anniversary but barrister Edward Walsh confirmed yesterday that it had been agreed with Failte Ireland that it would be "pointless" launching the Yeats exhibition when it would then be closed to the public.
He has spent the past two years sourcing original Yeats material which would have been going on public show for the first time.
Among the material he has gathered are letters, including one which he believed could have been the last one ever written by the poet It was sent from Roquebrun in France, where Yeats lived out his final days, to a playwright called Mar Duncan who had sought the poet's approval of a play he had written for the Abbey Theatre.
"Yeats was quite scathing about the suitability of the particular play for the Abbey.
"I believe it could have been the last letter he ever wrote. If it wasn't the last, it certainly was written during his last week alive," said Mr Walsh.
The collection was to go on display in a special gallery in the magnificently refurbished coach house and, according to Mr Walsh, would have matched the Yeats collection in the National Gallery.
Frustrated
He admitted he felt frustrated that he had to abandon the project.
"The disillusionment intensifies to an amazing degree," he said.
On Wednesday, the death of the Nobel Laureate will be marked with a short memorial service in St John's Cathedral in Sligo.
This will be followed by the launch of the Yeats Trail when another Nobel Laureate, Seamus Heaney will introduce the newly updated leaflet covering locations in Sligo and Galway most associated by Yeats.
Meanwhile, Mr Walsh, whose family has initiated legal proceedings against Sligo County Council, revealed that an exploratory meeting between him and Sligo County Manager, Hubert Kearns will take place in Dublin tonight in a bid to break the impasse.
This is the first face-to-face meeting between both sides since the row erupted.
The Walsh-Cassidys insist that they were assured by the previous owner and the local authority that there were no public rights of way through the estate when they bought it in 2003.
Anita Guidera
Irish Independent
www.buckplanning.ie
Two-thirds of councillors 'too busy' to attend their meetings
Just a third of the country's elected county and city councillors, who earn an average of €33,000 in wages, allowances and expenses each year, attended all of their council meetings last year.
Despite the fact that the average council only sat 18 times in 2008 some councillors missed as many as 14 full council meetings in 2008.
Ahead of the local elections this summer, figures compiled and obtained by the Irish Independent reveal that councillors take their roles with varying degrees of seriousness.
Although many councillors were present at the vast majority of their meetings, others cited personal issues, business interests and work as a reason for missing full council meetings -- a key part of a local representative's duties.
Dublin City Council's John Kenny -- who was drafted in as a Progressive Democrat replacement for Wendy Hederman in 2007 -- only turned up to six of the council's 16 meetings.
Mr Kenny said he just came to the realisation that "politics wasn't for me".
"I'm going to be retiring from politics, I've been very busy work-wise," he said. He said he did not think he should have continued attending meetings in order to serve his constituents and claimed he "tried his best".
In Kildare, Cllr Geraldine Conway missed five out of 14 full council meetings up to the end of October. She said she was "exceptionally busy" and accepted that there were some meetings she "just couldn't get to".
Cllr Veronica Neville missed 13 of Cork County Council's 25 meetings, although she gave birth to a child in February. Also on Cork County Council, Patrick Buckley missed 11 meetings, while former independent councillor Christopher O'Sullivan missed 14 meetings.
The 25-year-old, now a Fianna Fail representative -- who is running again this year -- said that his constituents didn't have a problem with the fact that he went travelling for six months and missed 56pc of last year's meetings.
And, according to minutes on the Donegal County Council website, of six councillors in the Donegal town electoral area, two councillors missed eight out of 18 full and adjourned council meetings, one missed five, and another missed four.
Fine Gael's Barry O'Neill -- who is recorded as missing eight -- said that there was often no need for him to attend adjourned meetings because his issues had already been dealt with. Cllr O'Neill pointed out that he was not a full-time councillor and also had to work as an RTE journalist.
Donegal hotelier Sean McEniff, who missed five from 18, said his business sometimes interfered with council duties. "If I miss meetings, I miss meetings because of circumstances beyond my control," he said.
Duties
The lowest attended meeting was also in Donegal, where only 13 councillors out of 29 showed up at a special meeting in Lifford on February 8.
Several councillors contacted by the Irish Independent stressed that they had many more duties than just attending full council meetings. They said they had to attend to their constituents' needs and also had to attend other meetings.
However, some councils around the country recorded extremely high attendance rates, such as Cavan, where the most meetings missed by a single representative was three.
Dun-Laoghaire-Rathdown also had high attendance records, with the 'worst' attendees only missing two meetings. In Leitrim, seven councillors each missed just one meeting.
In Roscommon, 17 out of 25 councillors managed to attend all full council meetings. Nobody in Roscommon missed more than three meetings.
The figures also reveal a wide variation in the number of times councils meet.
Clare County Council racked up 38 meetings in 2008 while Galway County Council sat just 12 times, according to minutes supplied to this newspaper.
Fiach Kelly
Irish Independent
www.buckplanning.ie
Despite the fact that the average council only sat 18 times in 2008 some councillors missed as many as 14 full council meetings in 2008.
Ahead of the local elections this summer, figures compiled and obtained by the Irish Independent reveal that councillors take their roles with varying degrees of seriousness.
Although many councillors were present at the vast majority of their meetings, others cited personal issues, business interests and work as a reason for missing full council meetings -- a key part of a local representative's duties.
Dublin City Council's John Kenny -- who was drafted in as a Progressive Democrat replacement for Wendy Hederman in 2007 -- only turned up to six of the council's 16 meetings.
Mr Kenny said he just came to the realisation that "politics wasn't for me".
"I'm going to be retiring from politics, I've been very busy work-wise," he said. He said he did not think he should have continued attending meetings in order to serve his constituents and claimed he "tried his best".
In Kildare, Cllr Geraldine Conway missed five out of 14 full council meetings up to the end of October. She said she was "exceptionally busy" and accepted that there were some meetings she "just couldn't get to".
Cllr Veronica Neville missed 13 of Cork County Council's 25 meetings, although she gave birth to a child in February. Also on Cork County Council, Patrick Buckley missed 11 meetings, while former independent councillor Christopher O'Sullivan missed 14 meetings.
The 25-year-old, now a Fianna Fail representative -- who is running again this year -- said that his constituents didn't have a problem with the fact that he went travelling for six months and missed 56pc of last year's meetings.
And, according to minutes on the Donegal County Council website, of six councillors in the Donegal town electoral area, two councillors missed eight out of 18 full and adjourned council meetings, one missed five, and another missed four.
Fine Gael's Barry O'Neill -- who is recorded as missing eight -- said that there was often no need for him to attend adjourned meetings because his issues had already been dealt with. Cllr O'Neill pointed out that he was not a full-time councillor and also had to work as an RTE journalist.
Donegal hotelier Sean McEniff, who missed five from 18, said his business sometimes interfered with council duties. "If I miss meetings, I miss meetings because of circumstances beyond my control," he said.
Duties
The lowest attended meeting was also in Donegal, where only 13 councillors out of 29 showed up at a special meeting in Lifford on February 8.
Several councillors contacted by the Irish Independent stressed that they had many more duties than just attending full council meetings. They said they had to attend to their constituents' needs and also had to attend other meetings.
However, some councils around the country recorded extremely high attendance rates, such as Cavan, where the most meetings missed by a single representative was three.
Dun-Laoghaire-Rathdown also had high attendance records, with the 'worst' attendees only missing two meetings. In Leitrim, seven councillors each missed just one meeting.
In Roscommon, 17 out of 25 councillors managed to attend all full council meetings. Nobody in Roscommon missed more than three meetings.
The figures also reveal a wide variation in the number of times councils meet.
Clare County Council racked up 38 meetings in 2008 while Galway County Council sat just 12 times, according to minutes supplied to this newspaper.
Fiach Kelly
Irish Independent
www.buckplanning.ie
Developers still push for land rezonings despite downturn
Land rezonings may no longer be licences to print money, but submissions in Wicklow show all is not lost for major developers.
In Kilcoole, Larry Keegan's Kimpton Vale – which hit the headlines in 2006 when it illegally demolished a 19th-century convent in Terenure. Dublin – sought to have nearly 38 acres of land rezoned for residential development in the new development plan for the area. The Wicklow county manager found that the lands were not required for residential rezoning and recommended no change to their agricultural zoning. The lands will instead "be considered in the next development plan if necessary during the period 2014-2020".
Kimpton Vale made a loss of just under €200,000 for the year ended 30 June 2007, down from a profit of nearly €620,000 the previous year. It had stocks, which are stated at the lower of cost and net realisable value, of more than €10.7m at that date, down from more than €17.2m the previous year, and shareholders' funds showed a deficit of more than €2.7m. Company directors Larry and Mairéad Keegan were paid over €2.1m during the year, including pension entitlements, down from more than €6.5m the previous year.
Auditors Dermot Brennan & Associates placed an "emphasis of matter" in Kimpton Vale's accounts, pointing out it was reliant on the continued support of the directors. The auditors did not qualify their opinion.
Keegan was a shareholder in a company called Torose Construction, which has since gone into liquidation, which made a settlement of just under €7m in 2002 with the Revenue for underpayment of VAT and corporation tax.
Meanwhile, the owners of Druids Glen golf club asked for 20 acres between Woodstock business park and Kilcoole industrial estate to be zoned for residential development and a "community hospice care" facility. The manager said this "would lead to an excessive spread of the settlement on its southern radial route".
In Newtownmountkennedy, where developers purchased sizable tracts of land from 2004 to 2006, a new local area plan (LAP) has also been adopted. During submissions, the Department of Environment, Heritage & Local Government maintained that too much land was to be zoned for employment and that those lands should be located away from the interchange and in locations closer to the town.
"Zoning at such a scale and at an interchange location would primarily serve a wider metropolitan market whereas employment zoning should be orientated towards providing for local needs," it said.
The manager said the zoning of the land was "to ensure sufficient land is released to provide for high levels of employment in the town".
The National Roads Authority said it was "disturbed" that the town's growth proposals were dependent on private cars and the national road network. It said the draft LAP did not fulfil regional planning guidelines. The manager did not agree with the NRA and recommended no change.
Norpark, owned by William Burke, developer Hugh McGill, Lydia Lynch and Tim Rowe, requested that a site of 0.6 hectares be rezoned for a healthcare campus including a nursing home. However, the manager said the land was zoned for a tourism and leisure complex for which permission had already been granted.
The local GAA club wants its 5.7-acre site rezoned for employment and retail purposes. The manager replied that the proposed rezoning was not recommended.
David Agar's Profile Properties sought an increase in the 50 acres of land designated for employment purposes. Agar, who is developing a business park near Grange Castle in Dublin that he says could be worth up to €1bn, claimed the "subject lands are insufficient to allow for the development of a commercially viable business park". He added that the provision of 'active open space' given its distance to the town centre and residential areas was unsuitable. The manager did not accept Agar's argument.
Town Park Estates sought to have nearly 3.5 acres of land zoned for a retail centre. The company had nearly €11m in its profit and loss account at the end of 2007 and is ultimately owned by the Wood family of developers. The manager replied that the zoning was only for a small neighbourhood centre.
A company called Kinaeda, which does not appear to be registered in the island of Ireland or in Britain, asking for residential rezoning on one site it owns and increased density on another. "No further residential zoning is required... and the excessive zoning of land may lead to population targets being exceeded, to the overall detriment of the settlement," the manager replied.
Sunday Tribune
www.buckplanning.ie
In Kilcoole, Larry Keegan's Kimpton Vale – which hit the headlines in 2006 when it illegally demolished a 19th-century convent in Terenure. Dublin – sought to have nearly 38 acres of land rezoned for residential development in the new development plan for the area. The Wicklow county manager found that the lands were not required for residential rezoning and recommended no change to their agricultural zoning. The lands will instead "be considered in the next development plan if necessary during the period 2014-2020".
Kimpton Vale made a loss of just under €200,000 for the year ended 30 June 2007, down from a profit of nearly €620,000 the previous year. It had stocks, which are stated at the lower of cost and net realisable value, of more than €10.7m at that date, down from more than €17.2m the previous year, and shareholders' funds showed a deficit of more than €2.7m. Company directors Larry and Mairéad Keegan were paid over €2.1m during the year, including pension entitlements, down from more than €6.5m the previous year.
Auditors Dermot Brennan & Associates placed an "emphasis of matter" in Kimpton Vale's accounts, pointing out it was reliant on the continued support of the directors. The auditors did not qualify their opinion.
Keegan was a shareholder in a company called Torose Construction, which has since gone into liquidation, which made a settlement of just under €7m in 2002 with the Revenue for underpayment of VAT and corporation tax.
Meanwhile, the owners of Druids Glen golf club asked for 20 acres between Woodstock business park and Kilcoole industrial estate to be zoned for residential development and a "community hospice care" facility. The manager said this "would lead to an excessive spread of the settlement on its southern radial route".
In Newtownmountkennedy, where developers purchased sizable tracts of land from 2004 to 2006, a new local area plan (LAP) has also been adopted. During submissions, the Department of Environment, Heritage & Local Government maintained that too much land was to be zoned for employment and that those lands should be located away from the interchange and in locations closer to the town.
"Zoning at such a scale and at an interchange location would primarily serve a wider metropolitan market whereas employment zoning should be orientated towards providing for local needs," it said.
The manager said the zoning of the land was "to ensure sufficient land is released to provide for high levels of employment in the town".
The National Roads Authority said it was "disturbed" that the town's growth proposals were dependent on private cars and the national road network. It said the draft LAP did not fulfil regional planning guidelines. The manager did not agree with the NRA and recommended no change.
Norpark, owned by William Burke, developer Hugh McGill, Lydia Lynch and Tim Rowe, requested that a site of 0.6 hectares be rezoned for a healthcare campus including a nursing home. However, the manager said the land was zoned for a tourism and leisure complex for which permission had already been granted.
The local GAA club wants its 5.7-acre site rezoned for employment and retail purposes. The manager replied that the proposed rezoning was not recommended.
David Agar's Profile Properties sought an increase in the 50 acres of land designated for employment purposes. Agar, who is developing a business park near Grange Castle in Dublin that he says could be worth up to €1bn, claimed the "subject lands are insufficient to allow for the development of a commercially viable business park". He added that the provision of 'active open space' given its distance to the town centre and residential areas was unsuitable. The manager did not accept Agar's argument.
Town Park Estates sought to have nearly 3.5 acres of land zoned for a retail centre. The company had nearly €11m in its profit and loss account at the end of 2007 and is ultimately owned by the Wood family of developers. The manager replied that the zoning was only for a small neighbourhood centre.
A company called Kinaeda, which does not appear to be registered in the island of Ireland or in Britain, asking for residential rezoning on one site it owns and increased density on another. "No further residential zoning is required... and the excessive zoning of land may lead to population targets being exceeded, to the overall detriment of the settlement," the manager replied.
Sunday Tribune
www.buckplanning.ie
O'Callaghan appeals against planning permission for his own Cork project
Developer Owen O'Callaghan has had plans for a 21-storey tower, near his Mahon Point shopping centre in Cork, appealed to An Bord Pleanála by a neighbouring developer and by local residents. He has also appealed the planning permission himself.
O'Callaghan and his business partner John Deane have plans to build 325
apartments, a 184-bedroom hotel and some medical and retail related-units on the site, part of which was originally earmarked for a conference centre.
Cork city council gave permission for the plan to go ahead subject to 19 conditions, but McCarthy Developments (Cork), local residents and O'Callaghan have all appealed the decision.
The council had ruled that O'Callaghan's company, Riga, would have to pay almost €8.5m towards public infrastructure and facilities as part of the planning permission. Riga is owned by Elendale Investments, whose properties rose in value from around €44m to €204m following a revaluation in 2004. Elendale has since become an unlimited company, meaning it does not have to file publicly available accounts.
Meanwhile, new research has confirmed the speed at which development land prices in Ireland have dropped since their peak in 2006. Property market data company The Property Week last week released research showing that land prices had fallen by more than 75% in some cases. Its data was based on advertised prices, rather than selling prices, but still found that "the average price per hectare for mixed-use sites fell by around two-thirds, while sites with industrial buildings fell by around 40%" in value.
Sunday Tribune
www.buckplanning.ie
O'Callaghan and his business partner John Deane have plans to build 325
apartments, a 184-bedroom hotel and some medical and retail related-units on the site, part of which was originally earmarked for a conference centre.
Cork city council gave permission for the plan to go ahead subject to 19 conditions, but McCarthy Developments (Cork), local residents and O'Callaghan have all appealed the decision.
The council had ruled that O'Callaghan's company, Riga, would have to pay almost €8.5m towards public infrastructure and facilities as part of the planning permission. Riga is owned by Elendale Investments, whose properties rose in value from around €44m to €204m following a revaluation in 2004. Elendale has since become an unlimited company, meaning it does not have to file publicly available accounts.
Meanwhile, new research has confirmed the speed at which development land prices in Ireland have dropped since their peak in 2006. Property market data company The Property Week last week released research showing that land prices had fallen by more than 75% in some cases. Its data was based on advertised prices, rather than selling prices, but still found that "the average price per hectare for mixed-use sites fell by around two-thirds, while sites with industrial buildings fell by around 40%" in value.
Sunday Tribune
www.buckplanning.ie
Metro North disruption costs may run to €250m
The extra cost of minimising "severe" delays and disruption forecast for Dublin city centre during construction work for the proposed Metro North line could be over €250m, according to confidential estimates provided to Dublin City Council.
In a summary of estimates provided to a sub-group of the council's Transport 21 committee, agencies such as Iarnród Éireann, Dublin Bus, the RPA, An Garda Síochána and the council suggest a range of measures which, if implemented in full, would cost a total of at least €69m.
More than three-quarters of this amount – some €52m – relates to annual costs envisioned by the agencies in question, with only a small proportion of funding already allowed for under existing Transport 21 allocations. Therefore, if the construction phase were to last five years, the cost of minimising disruption to the city could be €250m or more.
Among the largest estimates for annual costs was submitted by Dublin Bus, which earlier this month revealed plans to cut 290 jobs and reduce its fleet by 120 buses in a bid to reduce losses at the firm. It outlined a range of measures which, if implemented, would cost almost €22m a year.
According to the initial estimates, which were outlined in a draft report which has been circulated in recent weeks, the costs include €9m gross per year to increase daily passenger capacity on each of the two existing Luas lines.
They also include €5.3m net per year for Dublin Bus to introduce 42 additional buses which it claims is necessary to facilitate the introduction of a "bus gate" at College Green. This would restrict access for private cars to Westmoreland street, D'Olier Street and College Green.
Among the other anticipated costs are €11m a year for increased off-peak Dart services and €5.8m net per year for Bus Éireann to operate an all-day peak commuter service during construction.
Dublin City Council also estimates it would need €7.5m to provide major bus stops within the affected areas with real-time passenger information displays.
Separately, An Garda Síochána is also looking for €4m annually to allow 35 extra gardaí work 12-hour shifts daily.
Many of the figures are exclusive of VAT, while in other cases no estimates are provided for other initiatives to lessen disruption, meaning the final overall figure could be even higher, although it is also possible not all of the measures will be introduced.
Elsewhere, the report noted that the impact of the Metro North works to Dublin city centre is likely to be severe.
It warned that around 157,000 people working in Dublin city centre could be facing delays and disruption, with significant potential for delays to shoppers using the city centre, including drivers in particular. This will require significant mitigation measures, it notes.
The RPA has to date refused to say how much the overall cost of the Metro will be. Earlier this month, the Sunday Tribune revealed the agency has paid out €38m to consultants for advice on the Metro project since 2002.
Sunday Tribune
www.buckplanning.ie
In a summary of estimates provided to a sub-group of the council's Transport 21 committee, agencies such as Iarnród Éireann, Dublin Bus, the RPA, An Garda Síochána and the council suggest a range of measures which, if implemented in full, would cost a total of at least €69m.
More than three-quarters of this amount – some €52m – relates to annual costs envisioned by the agencies in question, with only a small proportion of funding already allowed for under existing Transport 21 allocations. Therefore, if the construction phase were to last five years, the cost of minimising disruption to the city could be €250m or more.
Among the largest estimates for annual costs was submitted by Dublin Bus, which earlier this month revealed plans to cut 290 jobs and reduce its fleet by 120 buses in a bid to reduce losses at the firm. It outlined a range of measures which, if implemented, would cost almost €22m a year.
According to the initial estimates, which were outlined in a draft report which has been circulated in recent weeks, the costs include €9m gross per year to increase daily passenger capacity on each of the two existing Luas lines.
They also include €5.3m net per year for Dublin Bus to introduce 42 additional buses which it claims is necessary to facilitate the introduction of a "bus gate" at College Green. This would restrict access for private cars to Westmoreland street, D'Olier Street and College Green.
Among the other anticipated costs are €11m a year for increased off-peak Dart services and €5.8m net per year for Bus Éireann to operate an all-day peak commuter service during construction.
Dublin City Council also estimates it would need €7.5m to provide major bus stops within the affected areas with real-time passenger information displays.
Separately, An Garda Síochána is also looking for €4m annually to allow 35 extra gardaí work 12-hour shifts daily.
Many of the figures are exclusive of VAT, while in other cases no estimates are provided for other initiatives to lessen disruption, meaning the final overall figure could be even higher, although it is also possible not all of the measures will be introduced.
Elsewhere, the report noted that the impact of the Metro North works to Dublin city centre is likely to be severe.
It warned that around 157,000 people working in Dublin city centre could be facing delays and disruption, with significant potential for delays to shoppers using the city centre, including drivers in particular. This will require significant mitigation measures, it notes.
The RPA has to date refused to say how much the overall cost of the Metro will be. Earlier this month, the Sunday Tribune revealed the agency has paid out €38m to consultants for advice on the Metro project since 2002.
Sunday Tribune
www.buckplanning.ie
ESB plans wind farm developments for Tipperary and Limerick
ESB plans to build three wind farms in north Tipperary and Limerick this year as part of a plan to contribute 600 megawatts (MW) of wind energy to the electricity grid by 2012.
The power firm has also acquired three wind projects totalling 50MW in Leitrim, Sligo and Tipperary from DP Energy Ireland, a Cork firm. John Campion, director of sustainable energy at ESB, said the move to renewables was ‘‘not an aspiration, but a necessity for all of us’’, both from a security of supply and carbon emissions point of view.
The state company already has six operational wind farms and is directing €11 billion towards renewables as part of an overall €22 billion investment plan.
However, Campion warned that the transmission lines required for groups of wind farms were being delayed because they were facing objections in the planning process.
Most wind farms are built by private operators, but the ESB is contracted to construct the transmission lines for the projects after they have been approved by the Commission for Energy Regulation and EirGrid, the grid operator. ‘‘The planning process has to be gone through and planning for overhead lines can be difficult,” said Campion.
‘‘We’re actively trying to find solutions to avoid building lines where possible, and we’re working with communities to get them in the most unobtrusive places.” Two 400-kilovolt transmission lines planned for Cavan and Meath have faced public protests, while An Bord Pleanála has rejected plans for a 110-kilovolt line in Connemara.
Sunday Business Post
www.buckplanning.ie
The power firm has also acquired three wind projects totalling 50MW in Leitrim, Sligo and Tipperary from DP Energy Ireland, a Cork firm. John Campion, director of sustainable energy at ESB, said the move to renewables was ‘‘not an aspiration, but a necessity for all of us’’, both from a security of supply and carbon emissions point of view.
The state company already has six operational wind farms and is directing €11 billion towards renewables as part of an overall €22 billion investment plan.
However, Campion warned that the transmission lines required for groups of wind farms were being delayed because they were facing objections in the planning process.
Most wind farms are built by private operators, but the ESB is contracted to construct the transmission lines for the projects after they have been approved by the Commission for Energy Regulation and EirGrid, the grid operator. ‘‘The planning process has to be gone through and planning for overhead lines can be difficult,” said Campion.
‘‘We’re actively trying to find solutions to avoid building lines where possible, and we’re working with communities to get them in the most unobtrusive places.” Two 400-kilovolt transmission lines planned for Cavan and Meath have faced public protests, while An Bord Pleanála has rejected plans for a 110-kilovolt line in Connemara.
Sunday Business Post
www.buckplanning.ie
Town plan for Carnew revealed
A NEW health centre, a new road and plenty more housing look set to arrive in Carnew after members of Wicklow County Council adopted the town plan on Monday.
The plan which was before the members was subject to five amendments, all put forward by Cllr. Pat Doran, will pave the way for a health centre opposite the community centre in the town.
Cllr. Doran said that six hectares of land on the Gorey Road should be appropriately zoned in the plan. He said there were plans afoot to build a health centre on these lands through public private partnership.
He pointed out the site, a green field site, was ideal for such a venture and noted it was across the road from the community centre.
Cllr. Doran also said that in time it was hoped to have an ambulance space sited there.
'As everyone in South Wicklow knows there is really no ambulance service at the moment. We have to get one from Arklow or Baltinglass which is a half hour drive away.'
Labour's Nicky Kelly seconded this amendment saying that it was a very practical change while Cllr. Vincent Blake said the provision of a health centre was very important for the area.
Director of Services Des O'Brien said the amendment would see a lot of extra houses being permitted in Carnew, an area where there was more than ample lands zoned for residential.
Cllr. Doran then proposed that a 2.2 hectare area of land be changed to 1.1 hectares for community and 1.6 areas for residential. This was seconded by Cllr. Vincent Blake.
His third amendment also garnered plenty of support as it would facilitate a new road at the rear of the primary school.
Mr. O'Brien said that if adopted that amendment would make way for a further 68 houses.
Cllr. Blake was once again fighting Cllr. Doran's corner saying a new road would be great for the community and if anyone saw the traffic chaos in Carnew in the morning between the primary and secondary school they would agree.
'There is a huge problem with parking and parents are very concerned. This is a win win situation for the community. There has to be a certain amount of gain for the landowner.'
The penultimate amendment proposed by Cllr. Doran will see a small area which is currently zoned as wetlands zoned industrial while the fifth and final amendment would see an area of around three quarters of a hectare rezoned.
Cllr. Doran said that he was proposing these changes because they would benefit the whole community and not 'because I have anyone breathing done my neck'.
Wicklow People
www.buckplanning.ie
The plan which was before the members was subject to five amendments, all put forward by Cllr. Pat Doran, will pave the way for a health centre opposite the community centre in the town.
Cllr. Doran said that six hectares of land on the Gorey Road should be appropriately zoned in the plan. He said there were plans afoot to build a health centre on these lands through public private partnership.
He pointed out the site, a green field site, was ideal for such a venture and noted it was across the road from the community centre.
Cllr. Doran also said that in time it was hoped to have an ambulance space sited there.
'As everyone in South Wicklow knows there is really no ambulance service at the moment. We have to get one from Arklow or Baltinglass which is a half hour drive away.'
Labour's Nicky Kelly seconded this amendment saying that it was a very practical change while Cllr. Vincent Blake said the provision of a health centre was very important for the area.
Director of Services Des O'Brien said the amendment would see a lot of extra houses being permitted in Carnew, an area where there was more than ample lands zoned for residential.
Cllr. Doran then proposed that a 2.2 hectare area of land be changed to 1.1 hectares for community and 1.6 areas for residential. This was seconded by Cllr. Vincent Blake.
His third amendment also garnered plenty of support as it would facilitate a new road at the rear of the primary school.
Mr. O'Brien said that if adopted that amendment would make way for a further 68 houses.
Cllr. Blake was once again fighting Cllr. Doran's corner saying a new road would be great for the community and if anyone saw the traffic chaos in Carnew in the morning between the primary and secondary school they would agree.
'There is a huge problem with parking and parents are very concerned. This is a win win situation for the community. There has to be a certain amount of gain for the landowner.'
The penultimate amendment proposed by Cllr. Doran will see a small area which is currently zoned as wetlands zoned industrial while the fifth and final amendment would see an area of around three quarters of a hectare rezoned.
Cllr. Doran said that he was proposing these changes because they would benefit the whole community and not 'because I have anyone breathing done my neck'.
Wicklow People
www.buckplanning.ie
Saturday, 24 January 2009
Only fraction of funds for ocean energy plan released
ONE YEAR after a €26 million ocean energy programme was unveiled by Minister for Energy Eamon Ryan, only a fraction of the funding has been released.
Promised grant aid to companies has not been paid out, and one of the sector’s leading researchers, Dr Tony Lewis of University College Cork, has warned that Ireland will lose investors and a valuable opportunity to be at the forefront of technological development if there are further delays.
Former US ambassador Thomas Foley had predicted last year that Ireland could be to ocean energy what Finland has been to mobile phones. However, he was critical of bureaucratic delays at a time when he believed US investors were very keen to support Irish technology.
Dr Lewis, of the UCC Hydraulics and Maritime Research Centre, said yesterday that other European countries were now posing a serious threat in terms of developing the technology.
The €26 million, three-year ocean energy programme was announced on January 15th, 2008 by Mr Ryan, who said he intended Ireland to become a “world leader in renewable energy”. He said he was “beginning a programme of change with the delivery of a major initiative on ocean energy”.
Mr Ryan specified that in 2008 the initiative would include allocation of €1 million towards a national ocean energy facility in UCC, and €2 million to develop a grid-connected wave energy test site near Belmullet, Co Mayo.
Significantly, it would also include €2 million in grants in 2008 under the ocean energy prototype fund to assist developers in making their devices commercial, he said.
Mr Ryan also approved a new feed-in tariff of €220 per megawatt hour for wave-generated energy, and established an ocean energy development unit within Sustainable Energy Ireland (SEI) at a cost of €500,000.
The new unit’s establishment by SEI took more than six months,which may have been a contributory factor to further delays, Dr Lewis says. Applications for the grant-aid scheme from industry were only invited by the Department of Communications, Energy and Natural Resources in November and no money was paid out last year.
Industry sources have expressed concern to The Irish Times that not only will this grant-aid now be lost, but that potential private investment opportunities for matching funding will be jeopardised.
Dr Lewis said he could understand the frustration felt by industry.
Irish Times
www.buckplanning.ie
Promised grant aid to companies has not been paid out, and one of the sector’s leading researchers, Dr Tony Lewis of University College Cork, has warned that Ireland will lose investors and a valuable opportunity to be at the forefront of technological development if there are further delays.
Former US ambassador Thomas Foley had predicted last year that Ireland could be to ocean energy what Finland has been to mobile phones. However, he was critical of bureaucratic delays at a time when he believed US investors were very keen to support Irish technology.
Dr Lewis, of the UCC Hydraulics and Maritime Research Centre, said yesterday that other European countries were now posing a serious threat in terms of developing the technology.
The €26 million, three-year ocean energy programme was announced on January 15th, 2008 by Mr Ryan, who said he intended Ireland to become a “world leader in renewable energy”. He said he was “beginning a programme of change with the delivery of a major initiative on ocean energy”.
Mr Ryan specified that in 2008 the initiative would include allocation of €1 million towards a national ocean energy facility in UCC, and €2 million to develop a grid-connected wave energy test site near Belmullet, Co Mayo.
Significantly, it would also include €2 million in grants in 2008 under the ocean energy prototype fund to assist developers in making their devices commercial, he said.
Mr Ryan also approved a new feed-in tariff of €220 per megawatt hour for wave-generated energy, and established an ocean energy development unit within Sustainable Energy Ireland (SEI) at a cost of €500,000.
The new unit’s establishment by SEI took more than six months,which may have been a contributory factor to further delays, Dr Lewis says. Applications for the grant-aid scheme from industry were only invited by the Department of Communications, Energy and Natural Resources in November and no money was paid out last year.
Industry sources have expressed concern to The Irish Times that not only will this grant-aid now be lost, but that potential private investment opportunities for matching funding will be jeopardised.
Dr Lewis said he could understand the frustration felt by industry.
Irish Times
www.buckplanning.ie
Gormley keeps the pressure on local politicians
Expense accounts and allowances for all politicians must radically reformed, Green Party leader John Gormley said today. The Environment Minister claimed politicians had to lead by example in the effort to address the country’s worsening public finances.
His call for an end of ‘unvouched expenses’ for TDs and Senators — when payments are made without a receipt or proof of record — came as government attempts to get the social partners to agree to two billion euro of cutbacks.
“The political class has to lead by example,” said Mr Gormley. “We’ve always said that the Oireachtas has to get its act together. I think people wouldn’t look on us kindly and we would not have credibility if we did not lead by example and if we did not make those adjustments.”
In an address to candidates for the local and European elections, Mr Gormley said a new Green Deal could create thousands of new jobs through innovation and the use of green technology.
He also promised that by the time of the forthcoming elections, candidates would have “the most radical piece of planning legislation” in their hands which he claimed would overhaul the system and end corrupt zoning.
Mr Gormley, who was in Drogheda to meet election hopefuls, also defended the role of the party in government despite some of its most high profile councillors leaving its ranks.
Cork city’s Chris O’Leary and Dublin city’s Bronwen Maher both resigned this week and criticised the leadership and direction the party was taking in recent days.
A third councillor, Neil Clarke from Donegal, who also quit, claimed more resignations would follow over a growing split between the leadership and grassroots. Mr Gormley said comments made by the former party members were hurtful because they were untrue.
“This party is a dynamic party, it is a committed party, a party that is interested in change, and a party that is getting real change in government,” he continued.
“We will continue, we will work hard in government, we will work hard to ensure our agenda is implemented, and beyond that we will ensure that we will provide the stability and leadership that is required in government because of the very severe economic downturn.”
Mr Gormley maintained the mood remained buoyant among delegates. “But we are also very realistic,” he added. “We know the challenges that we face.
“In government it can be tough, particularly during an economic downturn as we
are now experiencing, but we know the way forward. We know the way forward is the Green Deal and it is something that we will be exploring at our party convention.
“We know that people are concerned and are frightened but they want solutions, they want real leadership and that’s what the Green party is going to offer.”
Irish Times
www.buckplanning.ie
His call for an end of ‘unvouched expenses’ for TDs and Senators — when payments are made without a receipt or proof of record — came as government attempts to get the social partners to agree to two billion euro of cutbacks.
“The political class has to lead by example,” said Mr Gormley. “We’ve always said that the Oireachtas has to get its act together. I think people wouldn’t look on us kindly and we would not have credibility if we did not lead by example and if we did not make those adjustments.”
In an address to candidates for the local and European elections, Mr Gormley said a new Green Deal could create thousands of new jobs through innovation and the use of green technology.
He also promised that by the time of the forthcoming elections, candidates would have “the most radical piece of planning legislation” in their hands which he claimed would overhaul the system and end corrupt zoning.
Mr Gormley, who was in Drogheda to meet election hopefuls, also defended the role of the party in government despite some of its most high profile councillors leaving its ranks.
Cork city’s Chris O’Leary and Dublin city’s Bronwen Maher both resigned this week and criticised the leadership and direction the party was taking in recent days.
A third councillor, Neil Clarke from Donegal, who also quit, claimed more resignations would follow over a growing split between the leadership and grassroots. Mr Gormley said comments made by the former party members were hurtful because they were untrue.
“This party is a dynamic party, it is a committed party, a party that is interested in change, and a party that is getting real change in government,” he continued.
“We will continue, we will work hard in government, we will work hard to ensure our agenda is implemented, and beyond that we will ensure that we will provide the stability and leadership that is required in government because of the very severe economic downturn.”
Mr Gormley maintained the mood remained buoyant among delegates. “But we are also very realistic,” he added. “We know the challenges that we face.
“In government it can be tough, particularly during an economic downturn as we
are now experiencing, but we know the way forward. We know the way forward is the Green Deal and it is something that we will be exploring at our party convention.
“We know that people are concerned and are frightened but they want solutions, they want real leadership and that’s what the Green party is going to offer.”
Irish Times
www.buckplanning.ie
Ikea piles on the pressure ...
IKEA, WHICH will open its first Dublin branch in July, has lost in the region of €70 million in revenue as a result of a six-month delay in opening the store, the company said.
The store, the first Ikea in the State, was built last November and could have been fitted out and ready to trade from February 1st. However it was not permitted to open because of delays in upgrading the M50 motorway.
Planning permission for the 30,500sq m store near the Ballymun interchange of the M50 was granted by An Bord Pleanála in June 2007, but carried a condition that the store could not be opened until the upgrade was completed.
The National Roads Authority (NRA), which had appealed against the siting of Ikea, yesterday said it was not yet in a position to confirm when the upgrade works would be finished, but said it will not object to a July 27th opening date.
The Dublin outlet, which will create 500 jobs, would have been ready to open from the beginning of next month, store manager Garry Deakin said.
“While it was not the NRA, but An Bord Pleanála who laid down the condition, we have been working directly with them [the NRA] since we got planning permission so that the condition could be discharged.
“We have lost approximately eight months of sales. I would estimate, based on stores which have a similar catchment area, that the losses would be €65 million to €70 million in the delayed period.”
The onset of the recession meant the timing of the store’s opening was “not as good as it would have been a year ago”, Mr Deakin said. However, he said Ikea’s products were well-priced for current economic circumstances and the company was in Ireland “for the long term”.
Ikea opened its first Irish store in Belfast in December 2007 and would consider opening a third branch in Ireland, depending on the success of the Dublin and Belfast stores.
It has already filled 55 senior and junior management positions for the Dublin shop and is currently seeking another 50 supervisory staff. Its main recruitment drive for 395 shop-floor staff and other entry-level positions will begin in March.
The company has yet to finalise wages for these positions, but Mr Deakin said: “We’ll not be paying the lowest, but we’re never the top payer in the market.” Ikea’s working conditions and opportunities for career advancement made it an attractive employer, he said.
Ballymun Regeneration Ltd has welcomed the announcement of the store’s opening. “We first started talking to Ikea as far back as 1997 about locating in Ballymun and it’s a great economic boost to have a firm date for the official opening of what will be a very welcome business in the area,” said Ciarán Murray, the regeneration group’s managing director.
“Local residents can apply for the 500 jobs that the firm will bring to the area and the opening of Ikea will also make Ballymun a destination for people from all over Ireland,” he said.
Irish Times
www.buckplanning.ie
The store, the first Ikea in the State, was built last November and could have been fitted out and ready to trade from February 1st. However it was not permitted to open because of delays in upgrading the M50 motorway.
Planning permission for the 30,500sq m store near the Ballymun interchange of the M50 was granted by An Bord Pleanála in June 2007, but carried a condition that the store could not be opened until the upgrade was completed.
The National Roads Authority (NRA), which had appealed against the siting of Ikea, yesterday said it was not yet in a position to confirm when the upgrade works would be finished, but said it will not object to a July 27th opening date.
The Dublin outlet, which will create 500 jobs, would have been ready to open from the beginning of next month, store manager Garry Deakin said.
“While it was not the NRA, but An Bord Pleanála who laid down the condition, we have been working directly with them [the NRA] since we got planning permission so that the condition could be discharged.
“We have lost approximately eight months of sales. I would estimate, based on stores which have a similar catchment area, that the losses would be €65 million to €70 million in the delayed period.”
The onset of the recession meant the timing of the store’s opening was “not as good as it would have been a year ago”, Mr Deakin said. However, he said Ikea’s products were well-priced for current economic circumstances and the company was in Ireland “for the long term”.
Ikea opened its first Irish store in Belfast in December 2007 and would consider opening a third branch in Ireland, depending on the success of the Dublin and Belfast stores.
It has already filled 55 senior and junior management positions for the Dublin shop and is currently seeking another 50 supervisory staff. Its main recruitment drive for 395 shop-floor staff and other entry-level positions will begin in March.
The company has yet to finalise wages for these positions, but Mr Deakin said: “We’ll not be paying the lowest, but we’re never the top payer in the market.” Ikea’s working conditions and opportunities for career advancement made it an attractive employer, he said.
Ballymun Regeneration Ltd has welcomed the announcement of the store’s opening. “We first started talking to Ikea as far back as 1997 about locating in Ballymun and it’s a great economic boost to have a firm date for the official opening of what will be a very welcome business in the area,” said Ciarán Murray, the regeneration group’s managing director.
“Local residents can apply for the 500 jobs that the firm will bring to the area and the opening of Ikea will also make Ballymun a destination for people from all over Ireland,” he said.
Irish Times
www.buckplanning.ie
Thursday, 22 January 2009
€35m sewerage plant payment defended
Dublin City Council and the Department of the Environment, Heritage and Local Government have defended the payment of €35 million to the developers of the Ringsend sewerage plant, which has emitted foul odours since its construction in 2003.
Minister for the Environment, John Gormley TD last year ordered an inquiry after it emerged that the company responsible for its design, construction and operation - ABA (Anglian Water Group, Black & Veatch and Ascon) - was paid the settlement. The inquiry, conducted by consultant Brendan Fehily, found that the contract between the council and ABA allowed odour levels 20 times higher than those stipulated in the project’s environmental impact statement.
This was “either a serious error of judgment or a mistake” Mr Fehily said. He also found the capacity needed had been underestimated by the equivalent of waste from 225,000 people. The inquiry’s report, published last November, has been presented to an Oireachtas environment committee. Mr Fehily said the odour problems were mostly “created by inadequate design and equipment failure”.
When asked by Fine Gael Senator Paudi Coffey about the settlement, Tom Corcoran, Assistant Secretary with the Department of the Environment, said it could have been higher. “The final sum was €35 million, but €171.8 million had been the claim from the contractor for additional costs” associated with solving the odour problem, increasing sludge-drying capacity, upgrading electricity standards and dealing with additional waste. After negotiations, €100 million remained in dispute - Mr Corcoran said - and “a €35 million settlement was reached”.
The Irish Times
www.buckplanning.ie
Minister for the Environment, John Gormley TD last year ordered an inquiry after it emerged that the company responsible for its design, construction and operation - ABA (Anglian Water Group, Black & Veatch and Ascon) - was paid the settlement. The inquiry, conducted by consultant Brendan Fehily, found that the contract between the council and ABA allowed odour levels 20 times higher than those stipulated in the project’s environmental impact statement.
This was “either a serious error of judgment or a mistake” Mr Fehily said. He also found the capacity needed had been underestimated by the equivalent of waste from 225,000 people. The inquiry’s report, published last November, has been presented to an Oireachtas environment committee. Mr Fehily said the odour problems were mostly “created by inadequate design and equipment failure”.
When asked by Fine Gael Senator Paudi Coffey about the settlement, Tom Corcoran, Assistant Secretary with the Department of the Environment, said it could have been higher. “The final sum was €35 million, but €171.8 million had been the claim from the contractor for additional costs” associated with solving the odour problem, increasing sludge-drying capacity, upgrading electricity standards and dealing with additional waste. After negotiations, €100 million remained in dispute - Mr Corcoran said - and “a €35 million settlement was reached”.
The Irish Times
www.buckplanning.ie
Irish planners can access eye-in-the-sky
This year Irish urban planners will be able to access a new 'Urban Atlas' satellite tool that gives the best-ever imaging of Irish cities and towns.
It will allow them to better assess risks and opportunities - ranging from flooding and impact of climate change, to identifying new infrastructure and public transport needs, the EU commission said.
Dublin, Cork, Galway, Limerick and Waterford are the five Irish cities that have been included in the atlas.
This new tool has been produced by the EU Commission and Member States with the support of European space technology and surveys a total of 185 cities. It is intended that all cities in the EU will be covered by the Atlas by 2011. The Atlas is compiled from thousands of satellite photographs and offers a cost-effective digital mapping solution.
Commission Vice-President Guünter Verheugen, responsible for Enterprise and Industry, announced the arrival of the Atlas, saying - "European cities and municipal authorities face significant new challenges for future urban planning in the coming years and this project provides a practical and cost-effective solution for their needs. Through the use of European space technology, we will open up possibilities for mutual learning from a land use perspective and help cities make more informed investment decisions.
"The Urban Atlas demonstrates the benefit of an integrated European approach and is an excellent example of how space based applications contribute to local solutions across Europe."
The Urban Atlas is a key part of the Global Monitoring of Environment and Security (GMES) service. It is financed with the support of €1 million from the European Regional Development Fund (ERDF) and will be fully operational by 2011.
www.buckplanning.ie
It will allow them to better assess risks and opportunities - ranging from flooding and impact of climate change, to identifying new infrastructure and public transport needs, the EU commission said.
Dublin, Cork, Galway, Limerick and Waterford are the five Irish cities that have been included in the atlas.
This new tool has been produced by the EU Commission and Member States with the support of European space technology and surveys a total of 185 cities. It is intended that all cities in the EU will be covered by the Atlas by 2011. The Atlas is compiled from thousands of satellite photographs and offers a cost-effective digital mapping solution.
Commission Vice-President Guünter Verheugen, responsible for Enterprise and Industry, announced the arrival of the Atlas, saying - "European cities and municipal authorities face significant new challenges for future urban planning in the coming years and this project provides a practical and cost-effective solution for their needs. Through the use of European space technology, we will open up possibilities for mutual learning from a land use perspective and help cities make more informed investment decisions.
"The Urban Atlas demonstrates the benefit of an integrated European approach and is an excellent example of how space based applications contribute to local solutions across Europe."
The Urban Atlas is a key part of the Global Monitoring of Environment and Security (GMES) service. It is financed with the support of €1 million from the European Regional Development Fund (ERDF) and will be fully operational by 2011.
www.buckplanning.ie
Port to resist compulsory purchase until new home is found
THE Port of Cork says it will resist any attempt to compulsory purchase its land in the city for the €1 billion Docklands redevelopment until it has found itself a new home.
A rift between port and council officials became apparent yesterday at a Bord Pleanála oral hearing into the development.
David Holland, SC, representing the port, told the hearing that while port management generally supported the redevelopment of the quays, they couldn’t allow the building of two bridges before they vacate the area, as it would threaten the company’s viability.
About 40% of all the Port of Cork’s profits are made on the city quays.
To facilitate the redevelopment of the docklands, the city council wants to provide access to and from the Lower Glanmire Road by building bridges across the River Lee at Tivoli and Water Street.
Port officials say it wouldn’t be practical to build these until they had relocated, even though river traffic would have priority.
As most ships berth and leave in the mornings and evenings, the bridges would be closed to rush-hour road traffic for anything up to 55 minutes at a time.
“The port, with great regret, has been forced, much against its will, to oppose the present (planning) application as (it) is highly damaging to port viability,” said Mr Holland.
He said the Port of Cork was being asked to move not for its own purposes, but for the benefit of the city.
“The city (council) seems to assume that if they wait long enough the city quays will fall cheaply into their lap, that the port will simply go away. It will not, because it cannot,” the senior counsel said.
Port of Cork officials argue that the land they own on the quays is worth €58.27 million, but neither the city council or developers have discussed a compensation package with them.
Last Tuesday the port chairman, Dermot O’Mahoney, said compensation should be paid by developers moving onto the site and due to the recession he would accept stage payments.
But speaking at the oral hearing in Rochestown Park Hotel, Mr Holland said: “At present there is no prospect of funding the relocation costs. For as long as that is so, for the foreseeable future, the port must remain at the city quays. Any plans ignoring that fact are built on sand.”
“Until proper funding is in place for the relocation of the port it will stay in the city quays and reserves the right to resist any attempt to move it,” he said.
Irish Examiner
www.buckplanning.ie
A rift between port and council officials became apparent yesterday at a Bord Pleanála oral hearing into the development.
David Holland, SC, representing the port, told the hearing that while port management generally supported the redevelopment of the quays, they couldn’t allow the building of two bridges before they vacate the area, as it would threaten the company’s viability.
About 40% of all the Port of Cork’s profits are made on the city quays.
To facilitate the redevelopment of the docklands, the city council wants to provide access to and from the Lower Glanmire Road by building bridges across the River Lee at Tivoli and Water Street.
Port officials say it wouldn’t be practical to build these until they had relocated, even though river traffic would have priority.
As most ships berth and leave in the mornings and evenings, the bridges would be closed to rush-hour road traffic for anything up to 55 minutes at a time.
“The port, with great regret, has been forced, much against its will, to oppose the present (planning) application as (it) is highly damaging to port viability,” said Mr Holland.
He said the Port of Cork was being asked to move not for its own purposes, but for the benefit of the city.
“The city (council) seems to assume that if they wait long enough the city quays will fall cheaply into their lap, that the port will simply go away. It will not, because it cannot,” the senior counsel said.
Port of Cork officials argue that the land they own on the quays is worth €58.27 million, but neither the city council or developers have discussed a compensation package with them.
Last Tuesday the port chairman, Dermot O’Mahoney, said compensation should be paid by developers moving onto the site and due to the recession he would accept stage payments.
But speaking at the oral hearing in Rochestown Park Hotel, Mr Holland said: “At present there is no prospect of funding the relocation costs. For as long as that is so, for the foreseeable future, the port must remain at the city quays. Any plans ignoring that fact are built on sand.”
“Until proper funding is in place for the relocation of the port it will stay in the city quays and reserves the right to resist any attempt to move it,” he said.
Irish Examiner
www.buckplanning.ie
Cold water poured on Liffey pontoon proposal
ANOTHER PROPOSAL for the River Liffey has been given the boot by An Bord Pleanála which has refused planning permission for a 120m pontoon off the Boardwalk at Lower Ormond Quay because it would cause “visual clutter” and impact on views along the quays and from the nearby Millennium and Ha’penny bridges.
Last April Dublin City Council granted Irish Ship and Barge Fabrication Company Ltd planning permission for the cobbled “floating street” and the vision was that this part of the Liffey would be transformed with visions of people sipping cappuccinos and eating food ordered from two former Guinness barges refurbished as a café and a restaurant.
It was all part of a €9 million grand plan to rescue and restore four 80ft former Guinness barges off the coast of Northern Ireland. Some of the barges would operate cruises on the Liffey, while a separate fleet of ferries would collect and drop off passengers at 12 points on the river.
An Taisce was one of the parties up in arms about the proposal saying the plan was premature in light of the pending City Quays Framework Plan.
It cited the “onslaught of controversial proposals” for the river. Dublin architect Patrick Shaffrey was against the project because he said the view of the Ha’penny Bridge from the Liffey “one of the most iconic in Dublin” would be affected. An Bord Pleanála agreed and said that the excessive scale, massing, design and proposed uses, and the permanently moored vessels, would detract “from the important civic design character of the quays” and interfere with other established uses on the river.
Irish Times
www.buckplanning.ie
Last April Dublin City Council granted Irish Ship and Barge Fabrication Company Ltd planning permission for the cobbled “floating street” and the vision was that this part of the Liffey would be transformed with visions of people sipping cappuccinos and eating food ordered from two former Guinness barges refurbished as a café and a restaurant.
It was all part of a €9 million grand plan to rescue and restore four 80ft former Guinness barges off the coast of Northern Ireland. Some of the barges would operate cruises on the Liffey, while a separate fleet of ferries would collect and drop off passengers at 12 points on the river.
An Taisce was one of the parties up in arms about the proposal saying the plan was premature in light of the pending City Quays Framework Plan.
It cited the “onslaught of controversial proposals” for the river. Dublin architect Patrick Shaffrey was against the project because he said the view of the Ha’penny Bridge from the Liffey “one of the most iconic in Dublin” would be affected. An Bord Pleanála agreed and said that the excessive scale, massing, design and proposed uses, and the permanently moored vessels, would detract “from the important civic design character of the quays” and interfere with other established uses on the river.
Irish Times
www.buckplanning.ie
How to object to that monstrosity planned next door
SO YOUR neighbour wants to build a large extension to their home and is applying for planning permission. This is a scenario more and more home owners will face as market conditions and lack of finance force people to remain in situ and extend rather than trade up to another property.
Any adult, Irish or otherwise, can object to any planning application, or planning granted, anywhere in Ireland, even if they don’t live in the same street, same county or even same country.
And it can bring results, even if not all the time. The latest figures indicate that more than one-third of all third-party planning appeals in 2007 were successful in that An Bord Pleanála either refused, or amended, permission granted to a developer/first party by a local authority.
Ideally a neighbour will have outlined their plans and will provide an opportunity to discuss issues that are of concern, such as privacy, light, noise and impact on property values.
It is also important to consider the building programme and construction noise, especially if there is an elderly or sick person whose sleep might suffer unless some long noise-breaks are agreed. Even if neighbourly relations are cosy it is still a good idea to check on the planning application details in the local authority’s offices.
There are various ways in which a new build may interfere but there are no set rules and regulations that can govern all aspects of extensions or developments. Potential grounds for objection include its height – if it should exceed height of buildings in the area. Equally it should not unduly impact on your light or overlook your property if, for instance, the proposed development will interfere with the work or activity carried out in the affected room or area in question. The development should not encroach on adjoining properties. Undermining foundations, screening walls and tree planting are other potential issues while a common problem is building up to party walls without leaving an option to paint rendering without entering the neighbouring property. Sitting-out areas at first floor levels can also have a major impact on the privacy of neighbours and have seen some acrimonious relations develop.
It is no harm to look up the development plan for the areas and get a flavour of what the planners think is appropriate or otherwise. A look at the planning history on the site is another good idea to see if it has had previous refusals. Subsequent appellants should also look at the planner’s report on these applications in case there are further grounds contained there which could be usefully repeated in the appeal.
If unhappy with any of the application then an observation must be written to the local planning authority prior to its permission decision. Any submission must give the name and address of person making the observation as well as the application’s reference number.
This is vital for an appeal to be made to An Bord Pleanála, should the development get permission from the local authority.
Without an acknowledgement by the local authority of a submission or observation to the planning authority at the original application stage the appeal is invalid. This observation must be made to the local authority within five weeks of the planning application lodgement and costs €20.
If you want to appeal permission granted by the local authority it must be made to An Bord Pleanála within four weeks of the decision date. You may appeal the decision of the planning authority (usually the first party might appeal a refusal of permission and the third party might appeal a granting) or the conditions of a decision to grant permission.
It is important to post or deliver it by hand to an employee of An Bord Pleanála, 64 Marlborough Street, Dublin 1. Appeals put in the letterbox are considered invalid. The appeal must also include the correct fee, and these vary extensively (see www.pleanala.ie). Generally a third party appeal costs about €220. Appellants can combine as a group for one fee.
“It is wise to check with the board that a valid appeal has been lodged, well in time to repair any fault in service before the deadline,” says town planner Auveen Byrne. “A common mistake of third parties is to lodge the appeals too late, in which case the appeal is returned to the appellant as invalid.”
The appeal must contain the appellant’s name and address, the address of the property concerned, the planning reference number, and nature for appeal, i.e. decision to grant permission or conditions that apply, as well as supporting material and arguments.
The grounds of the appeal must also be clear. Appellants should state how they are affected by the proposed development and why they are appealing. With 25 years experience in the area Byrne advises: “An appellant does not have to be directly affected by a proposed development to make an appeal. For example, a Dublin person might be concerned about the effect of a proposed out-of-town retail development on a rural heritage town which they visit on holiday. This is reasonable and valid. However, an appeal giving a Dublin address, complaining of the development and not stating the appellant’s interest, might appear to be without substance, or “spawned” by a competitor retailer, interested in eliminating the competition.
“The applicant’s advisors will certainly be calling for its dismissal so avoid any suspicion; an appellant should state clearly their interest and validate it where possible.”
An Bord Pleanála then sends a copy of the appeal to the planning authority and developer who have four weeks to submit views.
The board might want more information from an appellant on specific matters relating to an appeal, or may allow an appellant to comment on a submission of one of the other parties. But this is entirely at the board’s discretion and any additional grounds of appeal or additional commentary sent to the board without invitation will be returned. So, make sure all the arguments are contained within the appeal document.
The decision to hold an oral hearing is at the discretion of the board, but they are relatively rare. Most commonly they are held where developments are likely to have significant impacts or where the complexity would benefit from face-to-face discussion and debate by the parties. The oral hearing is presided over by the board’s inspector and is relatively informal.
There is no requirement for a third party to have professional representation at an oral hearing but a consultant town planner could ensure that the best case is presented. The board’s objective is to make a decision within 18 weeks and it can dismiss an appeal where it is satisfied the appeal is vexatious, frivolous or without substance or foundation, or where the appeal is made with the sole intention of delaying development or securing payment of money or other inducements
An Bord Pleanála’s decision is considered final and can only be challenged with a judicial review in the High Court within eight weeks of the decision.
Irish Times
www.buckplanning.ie
Any adult, Irish or otherwise, can object to any planning application, or planning granted, anywhere in Ireland, even if they don’t live in the same street, same county or even same country.
And it can bring results, even if not all the time. The latest figures indicate that more than one-third of all third-party planning appeals in 2007 were successful in that An Bord Pleanála either refused, or amended, permission granted to a developer/first party by a local authority.
Ideally a neighbour will have outlined their plans and will provide an opportunity to discuss issues that are of concern, such as privacy, light, noise and impact on property values.
It is also important to consider the building programme and construction noise, especially if there is an elderly or sick person whose sleep might suffer unless some long noise-breaks are agreed. Even if neighbourly relations are cosy it is still a good idea to check on the planning application details in the local authority’s offices.
There are various ways in which a new build may interfere but there are no set rules and regulations that can govern all aspects of extensions or developments. Potential grounds for objection include its height – if it should exceed height of buildings in the area. Equally it should not unduly impact on your light or overlook your property if, for instance, the proposed development will interfere with the work or activity carried out in the affected room or area in question. The development should not encroach on adjoining properties. Undermining foundations, screening walls and tree planting are other potential issues while a common problem is building up to party walls without leaving an option to paint rendering without entering the neighbouring property. Sitting-out areas at first floor levels can also have a major impact on the privacy of neighbours and have seen some acrimonious relations develop.
It is no harm to look up the development plan for the areas and get a flavour of what the planners think is appropriate or otherwise. A look at the planning history on the site is another good idea to see if it has had previous refusals. Subsequent appellants should also look at the planner’s report on these applications in case there are further grounds contained there which could be usefully repeated in the appeal.
If unhappy with any of the application then an observation must be written to the local planning authority prior to its permission decision. Any submission must give the name and address of person making the observation as well as the application’s reference number.
This is vital for an appeal to be made to An Bord Pleanála, should the development get permission from the local authority.
Without an acknowledgement by the local authority of a submission or observation to the planning authority at the original application stage the appeal is invalid. This observation must be made to the local authority within five weeks of the planning application lodgement and costs €20.
If you want to appeal permission granted by the local authority it must be made to An Bord Pleanála within four weeks of the decision date. You may appeal the decision of the planning authority (usually the first party might appeal a refusal of permission and the third party might appeal a granting) or the conditions of a decision to grant permission.
It is important to post or deliver it by hand to an employee of An Bord Pleanála, 64 Marlborough Street, Dublin 1. Appeals put in the letterbox are considered invalid. The appeal must also include the correct fee, and these vary extensively (see www.pleanala.ie). Generally a third party appeal costs about €220. Appellants can combine as a group for one fee.
“It is wise to check with the board that a valid appeal has been lodged, well in time to repair any fault in service before the deadline,” says town planner Auveen Byrne. “A common mistake of third parties is to lodge the appeals too late, in which case the appeal is returned to the appellant as invalid.”
The appeal must contain the appellant’s name and address, the address of the property concerned, the planning reference number, and nature for appeal, i.e. decision to grant permission or conditions that apply, as well as supporting material and arguments.
The grounds of the appeal must also be clear. Appellants should state how they are affected by the proposed development and why they are appealing. With 25 years experience in the area Byrne advises: “An appellant does not have to be directly affected by a proposed development to make an appeal. For example, a Dublin person might be concerned about the effect of a proposed out-of-town retail development on a rural heritage town which they visit on holiday. This is reasonable and valid. However, an appeal giving a Dublin address, complaining of the development and not stating the appellant’s interest, might appear to be without substance, or “spawned” by a competitor retailer, interested in eliminating the competition.
“The applicant’s advisors will certainly be calling for its dismissal so avoid any suspicion; an appellant should state clearly their interest and validate it where possible.”
An Bord Pleanála then sends a copy of the appeal to the planning authority and developer who have four weeks to submit views.
The board might want more information from an appellant on specific matters relating to an appeal, or may allow an appellant to comment on a submission of one of the other parties. But this is entirely at the board’s discretion and any additional grounds of appeal or additional commentary sent to the board without invitation will be returned. So, make sure all the arguments are contained within the appeal document.
The decision to hold an oral hearing is at the discretion of the board, but they are relatively rare. Most commonly they are held where developments are likely to have significant impacts or where the complexity would benefit from face-to-face discussion and debate by the parties. The oral hearing is presided over by the board’s inspector and is relatively informal.
There is no requirement for a third party to have professional representation at an oral hearing but a consultant town planner could ensure that the best case is presented. The board’s objective is to make a decision within 18 weeks and it can dismiss an appeal where it is satisfied the appeal is vexatious, frivolous or without substance or foundation, or where the appeal is made with the sole intention of delaying development or securing payment of money or other inducements
An Bord Pleanála’s decision is considered final and can only be challenged with a judicial review in the High Court within eight weeks of the decision.
Irish Times
www.buckplanning.ie
Wednesday, 21 January 2009
Concern over opposition to retail centre
LIMERICK City Council have been warned their persistence in opposing a huge suburban shopping development will cost 2,000 jobs and €10 million in lost revenue.
The council has turned down an application by Chieftain Construction for a major extension to the Coonagh Cross shopping centre on the Ennis Road.
The head of the company, Ger O’Rourke, addressing members of the council’s planning strategic policy committee yesterday, said his proposed development would create more jobs than will be lost at Dell. He said his proposed development could also yield €1.25m in rates to the city council and planning contributions would come to €6m a year.
He told committee members: “I believe that Coonagh Cross to be a catalyst for development in the area, with other developments wrapped around it.”
Mr O’Rourke said the planning objection by the city council had resulted in other developments valued at around €370m being put on hold. These he said, could provide 3,600 direct and indirect jobs.
He said: “If we walked into any other city in Europe, doors would be opened. We hope the same will happen in Limerick.”
Limerick City Council are opposed to new shopping malls being built and existing ones being extended in the suburbs as they fear they would create a doughnut effect with a decline in city centre retailing.
The city council objected to a huge Marks & Spencer development at the Crescent Shopping Centre in Dooradoyle and An Bord Pleanála will shortly hear oral submissions on this. The city council say it should proceed in the city centre where the €350m retail Opera Centre is to be built.
Irish Examiner
www.buckplanning.ie
The council has turned down an application by Chieftain Construction for a major extension to the Coonagh Cross shopping centre on the Ennis Road.
The head of the company, Ger O’Rourke, addressing members of the council’s planning strategic policy committee yesterday, said his proposed development would create more jobs than will be lost at Dell. He said his proposed development could also yield €1.25m in rates to the city council and planning contributions would come to €6m a year.
He told committee members: “I believe that Coonagh Cross to be a catalyst for development in the area, with other developments wrapped around it.”
Mr O’Rourke said the planning objection by the city council had resulted in other developments valued at around €370m being put on hold. These he said, could provide 3,600 direct and indirect jobs.
He said: “If we walked into any other city in Europe, doors would be opened. We hope the same will happen in Limerick.”
Limerick City Council are opposed to new shopping malls being built and existing ones being extended in the suburbs as they fear they would create a doughnut effect with a decline in city centre retailing.
The city council objected to a huge Marks & Spencer development at the Crescent Shopping Centre in Dooradoyle and An Bord Pleanála will shortly hear oral submissions on this. The city council say it should proceed in the city centre where the €350m retail Opera Centre is to be built.
Irish Examiner
www.buckplanning.ie
Port may reapply for planning of terminal
THE location of a proposed €220 million container terminal should be known by Port of Cork directors next October and the possibility of reapplying for permission to build it in Ringaskiddy has not been ruled out.
Last year Bord Pleanála refused the Port of Cork permission to build the terminal at the Oyster Bank in Ringaskiddy, following major objections from residents living in the lower harbour.
Port of Cork’s chief executive, Brendan Keating, said the shock refusal had put plans for the deep water terminal back up to two years.
Initially it was hoped to have the Oyster Bank terminal operational by 2013. The new terminal is needed to cater for far larger cargo vessels, which are becoming the norm and which cannot berth at Tivoli.
However, port management has some breathing space, especially as there is an economic downturn and as the Tivoli docks still has five years before it reaches capacity.
“Yes, there is a slowdown in the market, but any port company worth its salt has to plan for the future. There will be a recovery,” Mr Keating said.
The port plans to revisit all 12 sites in the harbour it previously looked at before selecting the Oyster Bank.
Despite repeatedly denying that Ringaskiddy remained the optimum site, Mr Keating said Bord Pleanála recognised the lower harbour was the obvious location.
He said the recent review of the County Development Plan also strengthened the case for a deep water terminal in Ringaskiddy.
Port of Cork chairman, Dermot O’Mahony, said Bord Pleanála’s refusal centred on the inability of the N28 (Cork-Ringaskiddy road) to handle extra heavy goods traffic generated by the development.
The appeals board also decided a new container terminal should be served by a rail link, which Ringaskiddy lacks.
“They should make it (the N28) a dual carriageway, and the money should come out of the county council’s development contributions,” Mr O’Mahoney said.
The Government will soon publish a plan for sustainable transport and Port of Cork management hope this will include the development of more railways.
Mr Keating said the issues highlighted by Bord Pleanála would be looked at again in detail.
“We have to have the facilities, or we will lose business and that will affect the whole region,” the port’s chief executive said.
Port officials are also in discussion with Conocco Phillips about maximising throughput at the Whitegate refinery’s jetty. The refinery’s traffic accounts for about a third of the port’s annual income.
Irish Examiner
www.buckplanning.ie
Last year Bord Pleanála refused the Port of Cork permission to build the terminal at the Oyster Bank in Ringaskiddy, following major objections from residents living in the lower harbour.
Port of Cork’s chief executive, Brendan Keating, said the shock refusal had put plans for the deep water terminal back up to two years.
Initially it was hoped to have the Oyster Bank terminal operational by 2013. The new terminal is needed to cater for far larger cargo vessels, which are becoming the norm and which cannot berth at Tivoli.
However, port management has some breathing space, especially as there is an economic downturn and as the Tivoli docks still has five years before it reaches capacity.
“Yes, there is a slowdown in the market, but any port company worth its salt has to plan for the future. There will be a recovery,” Mr Keating said.
The port plans to revisit all 12 sites in the harbour it previously looked at before selecting the Oyster Bank.
Despite repeatedly denying that Ringaskiddy remained the optimum site, Mr Keating said Bord Pleanála recognised the lower harbour was the obvious location.
He said the recent review of the County Development Plan also strengthened the case for a deep water terminal in Ringaskiddy.
Port of Cork chairman, Dermot O’Mahony, said Bord Pleanála’s refusal centred on the inability of the N28 (Cork-Ringaskiddy road) to handle extra heavy goods traffic generated by the development.
The appeals board also decided a new container terminal should be served by a rail link, which Ringaskiddy lacks.
“They should make it (the N28) a dual carriageway, and the money should come out of the county council’s development contributions,” Mr O’Mahoney said.
The Government will soon publish a plan for sustainable transport and Port of Cork management hope this will include the development of more railways.
Mr Keating said the issues highlighted by Bord Pleanála would be looked at again in detail.
“We have to have the facilities, or we will lose business and that will affect the whole region,” the port’s chief executive said.
Port officials are also in discussion with Conocco Phillips about maximising throughput at the Whitegate refinery’s jetty. The refinery’s traffic accounts for about a third of the port’s annual income.
Irish Examiner
www.buckplanning.ie
Masterplan vision for docklands area
THE Dublin Docklands Development Authority (DDDA) plans to build new homes, offices and community facilities on the Poolbeg peninsula over the next five years despite the economic downturn.
A masterplan outlining the authority's vision for the next 10 years pledged yesterday to put in place a high frequency bus service to serve the area called a Docklands Rapid Transit (DRT) system and described it as a "world class transport system".
And it says that development of Poolbeg would require a Luas or similar system and that it intended to build new bridges across the River Liffey which would also help deliver a dedicated cycle-lane from Sutton to Sandycove.
Developers will be obliged to provide schemes with a "community gain", and 20pc of all new homes built will be social and affordable units. The plan also includes a requirement that local people be employed on building projects and in new businesses.
Meanwhile, the directors of the board of the DDDA will be asked to appear before a Dail committee in relation to a High Court ruling on a case involving developers Liam Carroll and Sean Dunne.
Paul Melia
Irish Independent
www.buckplanning.ie
A masterplan outlining the authority's vision for the next 10 years pledged yesterday to put in place a high frequency bus service to serve the area called a Docklands Rapid Transit (DRT) system and described it as a "world class transport system".
And it says that development of Poolbeg would require a Luas or similar system and that it intended to build new bridges across the River Liffey which would also help deliver a dedicated cycle-lane from Sutton to Sandycove.
Developers will be obliged to provide schemes with a "community gain", and 20pc of all new homes built will be social and affordable units. The plan also includes a requirement that local people be employed on building projects and in new businesses.
Meanwhile, the directors of the board of the DDDA will be asked to appear before a Dail committee in relation to a High Court ruling on a case involving developers Liam Carroll and Sean Dunne.
Paul Melia
Irish Independent
www.buckplanning.ie
Tuesday, 20 January 2009
Developer's demolition bid adjourned
A legal action by developer Sean Dunne aimed at having torn down a €83 million rival development on Dublin’s north quays on grounds it is unauthorised has been adjourned pending the outcome of Mr Dunne’s appeal against a decision granting retention permission for the development.
Ms Justice Mary Finlay Geoghegan was told today Dublin City Council had granted retention permission for the development by Liam Carroll’s North Quay Investments Ltd on January 2nd last and Mr Dunne has appealed that decision to An Bord Pleanala.
Pending the outcome of that appeal, Garret Simons SC, for Mr Dunne, secured an adjournment to July next of his side’s legal proceedings under Section 160 of the Planning and Development Act 2000 in which they want an order tearing down the development.
The Section 160 proceedings arise after the judge’s decision last October that the Dublin Docklands Development Authority (DDDA) acted unlawfully in how it granted “fast-track” permission for the NQI development on the former Brooks Thomas site at North Wall quay. The development is valued at some €200 million, including the €83 million building at risk.
A separate challenge by the Spencer Dock Development Company related to the same NQI development was subsequently settled.
Last month, the judge heard submissions as to what orders she should make resulting from her judgment with Mr Simons urging the court to make an unconditional order quashing the certificate as invalid from the time it was issued in summer 2007.
The DDDA and NQI appealed to the court to make a form of order which would assist them in making arguments at a future hearing that the NQI development should remain in place.
In her reserved judgment today, Ms Justice Finlay Geoghegan ruled the relief argued for by DDDA and NQI was different to a simple order quashing the certificate and the court, following its October judgment, had no jurisdiction to grant any relief which would interfere with or limit in any way the quashing order referred to in the judgment.
She said certain principles apply to the original DDDA decision granting the certificate and to the quashing order. The DDDA’s decision, being that of a public body, was presumed lawful or valid until such time as a court declared it unlawful or invalid and therefore the decision of the DDDA was, at all times prior to the judgment of October 9th last, presumed lawful.
She said the court decision of October 9th rendered, on that same date, both the DDDA decision and the certificate itself null and void “ab initio” (from the beginning).
The judge said the effect of her quashing order is to render the certificate null and void ab initio. The issue still to be decided was the status of the NQI development carried out prior to October 2008, having regard to the principles set out and the DDDA Act of 1997. That issue would arise in the separate Section 160 proceedings and she would not express any view on it, except to say it was a separate issue from the issues determined in the case before her.
The judge also rejected NQI’s argument it was entitled to its costs against the DDDA. While she accepted it was primarily for the DDDA to ensure any decision made by it was lawful, she said she had to have regard to the fact NQI, an experienced developer, applied for a certificate for a development which she had ruled was inconsistent with the relevant planning scheme.
The DDDA had earlier accepted it must pay Mr Dunne’s costs of his challenge to the certificate but had argued it should not have to pay NQI’s costs.
Irish Times
www.buckplanning.ie
Ms Justice Mary Finlay Geoghegan was told today Dublin City Council had granted retention permission for the development by Liam Carroll’s North Quay Investments Ltd on January 2nd last and Mr Dunne has appealed that decision to An Bord Pleanala.
Pending the outcome of that appeal, Garret Simons SC, for Mr Dunne, secured an adjournment to July next of his side’s legal proceedings under Section 160 of the Planning and Development Act 2000 in which they want an order tearing down the development.
The Section 160 proceedings arise after the judge’s decision last October that the Dublin Docklands Development Authority (DDDA) acted unlawfully in how it granted “fast-track” permission for the NQI development on the former Brooks Thomas site at North Wall quay. The development is valued at some €200 million, including the €83 million building at risk.
A separate challenge by the Spencer Dock Development Company related to the same NQI development was subsequently settled.
Last month, the judge heard submissions as to what orders she should make resulting from her judgment with Mr Simons urging the court to make an unconditional order quashing the certificate as invalid from the time it was issued in summer 2007.
The DDDA and NQI appealed to the court to make a form of order which would assist them in making arguments at a future hearing that the NQI development should remain in place.
In her reserved judgment today, Ms Justice Finlay Geoghegan ruled the relief argued for by DDDA and NQI was different to a simple order quashing the certificate and the court, following its October judgment, had no jurisdiction to grant any relief which would interfere with or limit in any way the quashing order referred to in the judgment.
She said certain principles apply to the original DDDA decision granting the certificate and to the quashing order. The DDDA’s decision, being that of a public body, was presumed lawful or valid until such time as a court declared it unlawful or invalid and therefore the decision of the DDDA was, at all times prior to the judgment of October 9th last, presumed lawful.
She said the court decision of October 9th rendered, on that same date, both the DDDA decision and the certificate itself null and void “ab initio” (from the beginning).
The judge said the effect of her quashing order is to render the certificate null and void ab initio. The issue still to be decided was the status of the NQI development carried out prior to October 2008, having regard to the principles set out and the DDDA Act of 1997. That issue would arise in the separate Section 160 proceedings and she would not express any view on it, except to say it was a separate issue from the issues determined in the case before her.
The judge also rejected NQI’s argument it was entitled to its costs against the DDDA. While she accepted it was primarily for the DDDA to ensure any decision made by it was lawful, she said she had to have regard to the fact NQI, an experienced developer, applied for a certificate for a development which she had ruled was inconsistent with the relevant planning scheme.
The DDDA had earlier accepted it must pay Mr Dunne’s costs of his challenge to the certificate but had argued it should not have to pay NQI’s costs.
Irish Times
www.buckplanning.ie
Monday, 19 January 2009
Council denies nuns’ request to have portion of land rezoned
A REQUEST from the Presentation Sisters in Killarney to have a portion of their lands zoned for town centre facilities has been refused by the local town council.
The lands, measuring a few acres, are not in the centre of town and adjoin their convent building and school in the New Street/St Mary’s Terrace area of Killarney.
The lands are zoned for social and community facilities and their market value would be greatly enhanced for commercial development if given town centre zoning. However, Killarney town clerk Michael O’Leary said council management was opposed to town centre zoning which would be “entirely inappropriate” and not in keeping with the proper planning and development of the area.
The lands are in the shadow of several listed, ecclesiastical buildings, including St Mary’s Cathedral, Bishop’s House and St Brendan’s College.
The submission from the nuns was one of 68 made to a draft Killarney Development Plan 2009-2015 being considered.
South Kerry Independent Alliance councillor Michael Gleeson said the sisters had made an enormous contribution to life in Killarney and were conscious of the fact that they lived amid some of the finest buildings in the country.
He said they would not wish to obliterate such buildings from view and would not do anything to damage the attractiveness of Killarney.
The council could facilitate the sisters with a changed zoning “somewhere in between” the present zoning of the land and what they were seeking, he said.
Labour councillor Sean O’Grady maintained town centre zoning for the lands would be “very loose” and retail zoning would be more appropriate.
“I think the sisters would be satisfied with retail zoning,” he said.
Acting mayor Brian O’Leary said that if the sisters came up with a suitable plan in keeping with the existing buildings in the area, it would be favourably looked on by the council.
“But, the council can’t tell them what to do.
“If a sensible application is made, it will be dealt with,” Mr O’Leary added.
Irish Examiner
www.buckplanning.ie
The lands, measuring a few acres, are not in the centre of town and adjoin their convent building and school in the New Street/St Mary’s Terrace area of Killarney.
The lands are zoned for social and community facilities and their market value would be greatly enhanced for commercial development if given town centre zoning. However, Killarney town clerk Michael O’Leary said council management was opposed to town centre zoning which would be “entirely inappropriate” and not in keeping with the proper planning and development of the area.
The lands are in the shadow of several listed, ecclesiastical buildings, including St Mary’s Cathedral, Bishop’s House and St Brendan’s College.
The submission from the nuns was one of 68 made to a draft Killarney Development Plan 2009-2015 being considered.
South Kerry Independent Alliance councillor Michael Gleeson said the sisters had made an enormous contribution to life in Killarney and were conscious of the fact that they lived amid some of the finest buildings in the country.
He said they would not wish to obliterate such buildings from view and would not do anything to damage the attractiveness of Killarney.
The council could facilitate the sisters with a changed zoning “somewhere in between” the present zoning of the land and what they were seeking, he said.
Labour councillor Sean O’Grady maintained town centre zoning for the lands would be “very loose” and retail zoning would be more appropriate.
“I think the sisters would be satisfied with retail zoning,” he said.
Acting mayor Brian O’Leary said that if the sisters came up with a suitable plan in keeping with the existing buildings in the area, it would be favourably looked on by the council.
“But, the council can’t tell them what to do.
“If a sensible application is made, it will be dealt with,” Mr O’Leary added.
Irish Examiner
www.buckplanning.ie
Irish Rail expects delay in opening western line
A DELAY in the reopening of the €106 million Western Rail Corridor is being anticipated by Irish Rail in spite of a planning appeal being withdrawn against a new train station along the route.
Last year Coen Holdings Ltd lodged an appeal against the decision by Galway County Council to grant planning to Irish Rail to construct a new train station at Gort, with a decision not expected before January 24th.
The reopening of the rail line between Ennis, Co Clare, and Athenry, Co Galway, will allow for the restoration of intercity services between Galway and Limerick and Cork after a gap of 33 years, along with increased commuter services into Galway.
Originally due to be operational in 2008, and more recently to open in the spring, the spokesman said the retendering for the works due to the withdrawal of the planning objection was one of a number of factors leading to the delay in reopening the rail link.
“We are told that line is going to open in the summer, but at the moment we don’t know what part of summer that will be.”
The spokesman said Irish Rail would first see how the line performed before deciding on a proposal to construct a crossing point near the Co Clare village of Sixmilebridge, which would significantly increase capacity on the route.
Five stations, including Gort station, are to be upgraded.
Irish Times
www.buckplanning.ie
Last year Coen Holdings Ltd lodged an appeal against the decision by Galway County Council to grant planning to Irish Rail to construct a new train station at Gort, with a decision not expected before January 24th.
The reopening of the rail line between Ennis, Co Clare, and Athenry, Co Galway, will allow for the restoration of intercity services between Galway and Limerick and Cork after a gap of 33 years, along with increased commuter services into Galway.
Originally due to be operational in 2008, and more recently to open in the spring, the spokesman said the retendering for the works due to the withdrawal of the planning objection was one of a number of factors leading to the delay in reopening the rail link.
“We are told that line is going to open in the summer, but at the moment we don’t know what part of summer that will be.”
The spokesman said Irish Rail would first see how the line performed before deciding on a proposal to construct a crossing point near the Co Clare village of Sixmilebridge, which would significantly increase capacity on the route.
Five stations, including Gort station, are to be upgraded.
Irish Times
www.buckplanning.ie
Sunday, 18 January 2009
Last lap for Dunlop
We've been here before. On Friday, in the bowels of the Four Courts, the list for the Dublin Circuit Criminal Court was called. The courtroom was packed with the usual personnel. Barristers attempted to take up positions that would allow them address Judge Katherine Delahunt when their cases were called. A number of gardaí perused cardboard files, hanging in there in the unlikely event that they would be required to give evidence.
Then there were the defendants, most of them in attendance to witness the next leg of the process that will bring them to court, and, for the vast majority of them, the
likelihood of a conviction. The bulk of those charged were young men. Many of them had found themselves drawn into the criminal
justice process through the drugs trade. It would be safe to assume that most had low educational attainment and not a few carried unstable backgrounds.
Standing amidst this sea of desperados was 61-year-old Frank Dunlop. When his name was called his lawyer Aidan Redmond said the matter was for arraignment. The judge put them to the back of the list, to be dealt with after she had called over everybody else.
Fifteen minutes later, Dunlop stepped forward. Five sample charges from the original 16 were read to him. Each stated that he had made a payment as an inducement to councillors to vote to rezone land in Carrickmines, south Dublin. The payments were made between 1992 and 1997 and varied from IR£1,000 to IR£3,000. The councillors named as recipients were Seán Gillane, Colm McGrath, Liam Cosgrave, Don Lydon and Tony Fox. The only one of them now serving as a councillor is Fox.
In response to each charge, Dunlop replied in a clear voice "guilty." The judge set 18 May as the date for the sentencing hearing. Dunlop and his lawyers left, and the standard fare of the court resumed.
Jailed
We've been here before. Four years ago, Ray Burke was processed through the same court. He pleaded guilty to tax evasion and was subsequently jailed for six months. Dunlop's case and the charges are vastly different and whether he is sentenced to prison remains to be seen.
Both Burke and Dunlop were incongruous figures in the Circuit Criminal Court. Both men had once bestrode the country, Burke as a minister, Dunlop as the pioneer of political PR in serving as the first government press secretary and subsequently a pioneer of organised lobbying. Both had acquired wealth, which in turn had been severely depleted as a result of the exposure of their respective activities. Both would once have been regarded as untouchable, despite the knowledge of the dogs in the street that they were crooked.
The two men were also the only ones to be convicted of serious offences arising out of over a decade of investigation into planning corruption (George Redmond was convicted of corruption, but this was subsequently set aside). Plenty of corruption has been uncovered, but the law apparently isn't designed to accommodate sanction in most of these cases.
Four years and a world apart separates the arraignment of Burke and Dunlop. The latter's guilty plea had been signalled but the reaction to his appearance illustrates the different world we live in today. RTÉ Radio 1's News at One on Friday didn't even carry news of his conviction. The response was in sharp contrast to the coverage of his acceptance in April 2000 that he had been involved in extensive bribery. Back then, the country was shocked, not just at the allegations of corruption emanating from the tribunal, but the realisation that those involved were actually being brought to book.
The revelations at the time confirmed suspicions about the manner in which the country was run. Backhanders ensured that things got done. The loose world of political donations provided perfect cover for bribery. The audacity involved in numerous rezoning decisions was finally unmasked for what it was – the result of corruption. And, it was to emerge, in most cases the price of votes was a measly few thousand quid.
All of that appeared a world away last Friday. Dunlop's court appearance was lost next to the EGM of Anglo Irish Bank taking place in the Mansion House. The attendance at the meeting weren't concerned about politicians selling their office for a few grand. Instead, they were being exercised about Seán FitzPatrick concealing handy loans of over €100m from a bank that is now on its last legs.
Anger
Just as the early years of the tribunals gave vent to public anger at how the country was run, so now the story breaking around financial institutions, developers and government is the focus of anger today. No laws appear to have been broken in the more recent scandals, which probably has more to do with how the laws were constructed than any reflection of moral rectitude.
Today, we are seeing once more how the country was run for the maximum benefit of the chosen few. Criminally corrupt planning decisions from the early 1990s had disastrous consequences for the planning of Dublin in particular, and all that flows from such bad planning. Morally corrupt lending practices, reckless oversight by bankers, regulators and government is the flavour of today's scandals.
Meanwhile, Dunlop's fate will be decided in May. For those he admitted bribing, a nervous few months await. Dunlop was pursued by the Criminal Assets Bureau, which was investigating Jackson Way, the company behind the rezoning of the most valuable tract of the rezoned land in Carrickmines.
A criminal investigation of the politicians would most likely be carried out by the gardaí. It would require Dunlop's co-operation and his willingness to testify. It would also require the DPP to determine whether such prosecutions are worth his office's while.
Tony Fox remains the only one of the named politicians still active. He is a sitting Fianna Fáil member of Dún Laoghaire-Rathdown County Council, and has not indicated whether he intends to contest June's local elections. Since Friday, he may well have more pressing matters on his mind than hunting down first preferences.
Then, there are those who profited most by the activities Dunlop says he carried out. Dunlop has claimed in the planning tribunal that some of the landowners who employed him knew how he was achieving success in lobbying to rezone.
While the lobbyist did well, and the politicians got a few extra thousand, it is the landowners who profited to the tune of millions from the corrupt practices. For now, they remain among the ranks of the untouchables.
Sunday Tribune
www.buckplanning.ie
Then there were the defendants, most of them in attendance to witness the next leg of the process that will bring them to court, and, for the vast majority of them, the
likelihood of a conviction. The bulk of those charged were young men. Many of them had found themselves drawn into the criminal
justice process through the drugs trade. It would be safe to assume that most had low educational attainment and not a few carried unstable backgrounds.
Standing amidst this sea of desperados was 61-year-old Frank Dunlop. When his name was called his lawyer Aidan Redmond said the matter was for arraignment. The judge put them to the back of the list, to be dealt with after she had called over everybody else.
Fifteen minutes later, Dunlop stepped forward. Five sample charges from the original 16 were read to him. Each stated that he had made a payment as an inducement to councillors to vote to rezone land in Carrickmines, south Dublin. The payments were made between 1992 and 1997 and varied from IR£1,000 to IR£3,000. The councillors named as recipients were Seán Gillane, Colm McGrath, Liam Cosgrave, Don Lydon and Tony Fox. The only one of them now serving as a councillor is Fox.
In response to each charge, Dunlop replied in a clear voice "guilty." The judge set 18 May as the date for the sentencing hearing. Dunlop and his lawyers left, and the standard fare of the court resumed.
Jailed
We've been here before. Four years ago, Ray Burke was processed through the same court. He pleaded guilty to tax evasion and was subsequently jailed for six months. Dunlop's case and the charges are vastly different and whether he is sentenced to prison remains to be seen.
Both Burke and Dunlop were incongruous figures in the Circuit Criminal Court. Both men had once bestrode the country, Burke as a minister, Dunlop as the pioneer of political PR in serving as the first government press secretary and subsequently a pioneer of organised lobbying. Both had acquired wealth, which in turn had been severely depleted as a result of the exposure of their respective activities. Both would once have been regarded as untouchable, despite the knowledge of the dogs in the street that they were crooked.
The two men were also the only ones to be convicted of serious offences arising out of over a decade of investigation into planning corruption (George Redmond was convicted of corruption, but this was subsequently set aside). Plenty of corruption has been uncovered, but the law apparently isn't designed to accommodate sanction in most of these cases.
Four years and a world apart separates the arraignment of Burke and Dunlop. The latter's guilty plea had been signalled but the reaction to his appearance illustrates the different world we live in today. RTÉ Radio 1's News at One on Friday didn't even carry news of his conviction. The response was in sharp contrast to the coverage of his acceptance in April 2000 that he had been involved in extensive bribery. Back then, the country was shocked, not just at the allegations of corruption emanating from the tribunal, but the realisation that those involved were actually being brought to book.
The revelations at the time confirmed suspicions about the manner in which the country was run. Backhanders ensured that things got done. The loose world of political donations provided perfect cover for bribery. The audacity involved in numerous rezoning decisions was finally unmasked for what it was – the result of corruption. And, it was to emerge, in most cases the price of votes was a measly few thousand quid.
All of that appeared a world away last Friday. Dunlop's court appearance was lost next to the EGM of Anglo Irish Bank taking place in the Mansion House. The attendance at the meeting weren't concerned about politicians selling their office for a few grand. Instead, they were being exercised about Seán FitzPatrick concealing handy loans of over €100m from a bank that is now on its last legs.
Anger
Just as the early years of the tribunals gave vent to public anger at how the country was run, so now the story breaking around financial institutions, developers and government is the focus of anger today. No laws appear to have been broken in the more recent scandals, which probably has more to do with how the laws were constructed than any reflection of moral rectitude.
Today, we are seeing once more how the country was run for the maximum benefit of the chosen few. Criminally corrupt planning decisions from the early 1990s had disastrous consequences for the planning of Dublin in particular, and all that flows from such bad planning. Morally corrupt lending practices, reckless oversight by bankers, regulators and government is the flavour of today's scandals.
Meanwhile, Dunlop's fate will be decided in May. For those he admitted bribing, a nervous few months await. Dunlop was pursued by the Criminal Assets Bureau, which was investigating Jackson Way, the company behind the rezoning of the most valuable tract of the rezoned land in Carrickmines.
A criminal investigation of the politicians would most likely be carried out by the gardaí. It would require Dunlop's co-operation and his willingness to testify. It would also require the DPP to determine whether such prosecutions are worth his office's while.
Tony Fox remains the only one of the named politicians still active. He is a sitting Fianna Fáil member of Dún Laoghaire-Rathdown County Council, and has not indicated whether he intends to contest June's local elections. Since Friday, he may well have more pressing matters on his mind than hunting down first preferences.
Then, there are those who profited most by the activities Dunlop says he carried out. Dunlop has claimed in the planning tribunal that some of the landowners who employed him knew how he was achieving success in lobbying to rezone.
While the lobbyist did well, and the politicians got a few extra thousand, it is the landowners who profited to the tune of millions from the corrupt practices. For now, they remain among the ranks of the untouchables.
Sunday Tribune
www.buckplanning.ie
Five-star Merrion Hotel is set for major expansion despite recession
The owners of the five-star Merrion Hotel in Dublin are planning a major expansion of the hotel, despite the downturn in the number of tourists visiting Ireland.
Businessmen Lochlainn Quinn and Martin Naughton and the Northern Irish hotel chain Hastings Hotel Group are planning to demolish a four-storey building at 8-11 Lower Baggot Street and to use the upper floors as part of the hotel with shops and restaurants on the ground floor.
The new building would be six storeys high, with underground parking, and woul have a number of suites and one penthouse.
In its last set of accounts, the Merrion's development company Landmark Investment saw its turnover rise to €18.53m from €17.73m the previous year, but the hotel made a loss of €1.2m, compared to a €1.5m profit the previous year.
It was speculated last year that the company has also bought up a number of Georgian properties on Merrion Street that adjoin the existing hotel and the Patrick Guilbaud restaurant. The buildings had come on the market with an asking price of €11m.
Quinn and Naughton made hundreds of millions from appliances company Glen Dimplex while the Hastings Hotel Group owns six hotels in the North, including The Europa in Belfast, which is infamous for being the most bombed hotel in the world.
Earlier this month Fáilte Ireland indicated that tourism revenues declined by 2% last year to €6.3 bn on the back of a 3% drop in international visitors to
Ireland.
Sunday Tribune
www.buckplanning.ie
Businessmen Lochlainn Quinn and Martin Naughton and the Northern Irish hotel chain Hastings Hotel Group are planning to demolish a four-storey building at 8-11 Lower Baggot Street and to use the upper floors as part of the hotel with shops and restaurants on the ground floor.
The new building would be six storeys high, with underground parking, and woul have a number of suites and one penthouse.
In its last set of accounts, the Merrion's development company Landmark Investment saw its turnover rise to €18.53m from €17.73m the previous year, but the hotel made a loss of €1.2m, compared to a €1.5m profit the previous year.
It was speculated last year that the company has also bought up a number of Georgian properties on Merrion Street that adjoin the existing hotel and the Patrick Guilbaud restaurant. The buildings had come on the market with an asking price of €11m.
Quinn and Naughton made hundreds of millions from appliances company Glen Dimplex while the Hastings Hotel Group owns six hotels in the North, including The Europa in Belfast, which is infamous for being the most bombed hotel in the world.
Earlier this month Fáilte Ireland indicated that tourism revenues declined by 2% last year to €6.3 bn on the back of a 3% drop in international visitors to
Ireland.
Sunday Tribune
www.buckplanning.ie
Cash-rich Goodman to build luxury hotel
Beef baron Larry Goodman and his son Laurence Jr are planning to build a major hotel and golf course on a 950-acre site they own near Dundalk in Co Louth.
The duo, who own the company Parma Developments, have made a submission to Louth County Council to have the land between Castlebellingham and Kilsaran rezoned "for phased growth to facilitate a plan-led expansion of Kilsaran as there is a lack of facilties at present".
Goodman is regarded as one of the few remaining cash rich investors involved in property. His assets include a large site between Santry and Ballymun which is close to the Metro North route, a stake in the Hermitage Clinic in west Dublin and the Earl of Kildare hotel and adjoining Setanta Centre on Nassau Street in Dublin city centre.
The proposed development of the land would include the golf course and hotel, tourist accommodation, housing, a village centre, headquarters office and a logistics and distribution park. The Goodmans' submission also says there is potential to reopen the former Castlebellingham railway station and to upgrade existing infrastructure.
The rezoning submission is one of a number made by Parma Developments. Parma also wants to have around 25 acres of land at the former meat processing plant at Ravensdale in Louth rezoned for housing.
The submission seeks to have "a site specific objective" inserted into the development plan to promote the removal of the existing derelict buildings on the site and their replacement "with low density, high quality housing in a parkland setting, with local village shops/community facilities, tourism acc- ommodation and new public open space including [a] riverside walk".
It has also sought to have lands west of Dundalk rezoned for residential use and to have part of that land rezoned for employment use and a mixed district centre.
Parma Developments is an unlimited company so it does not have to file publicly available accounts.
Sunday Tribune
www.buckplanning.ie
The duo, who own the company Parma Developments, have made a submission to Louth County Council to have the land between Castlebellingham and Kilsaran rezoned "for phased growth to facilitate a plan-led expansion of Kilsaran as there is a lack of facilties at present".
Goodman is regarded as one of the few remaining cash rich investors involved in property. His assets include a large site between Santry and Ballymun which is close to the Metro North route, a stake in the Hermitage Clinic in west Dublin and the Earl of Kildare hotel and adjoining Setanta Centre on Nassau Street in Dublin city centre.
The proposed development of the land would include the golf course and hotel, tourist accommodation, housing, a village centre, headquarters office and a logistics and distribution park. The Goodmans' submission also says there is potential to reopen the former Castlebellingham railway station and to upgrade existing infrastructure.
The rezoning submission is one of a number made by Parma Developments. Parma also wants to have around 25 acres of land at the former meat processing plant at Ravensdale in Louth rezoned for housing.
The submission seeks to have "a site specific objective" inserted into the development plan to promote the removal of the existing derelict buildings on the site and their replacement "with low density, high quality housing in a parkland setting, with local village shops/community facilities, tourism acc- ommodation and new public open space including [a] riverside walk".
It has also sought to have lands west of Dundalk rezoned for residential use and to have part of that land rezoned for employment use and a mixed district centre.
Parma Developments is an unlimited company so it does not have to file publicly available accounts.
Sunday Tribune
www.buckplanning.ie
ECJ: Ireland in breach of environmental rules
Ireland is in breach of European directives in relation to the effects of environmental projects, the advocate general of the European Court of Justice (ECJ) has said.
The decision follows a complaint to the European Commission about a proposed €100 million development of the Curragh racecourse in Co Kildare.
The redevelopment was finally approved by An Bord Pleanála a year ago, more than two years after the Irish Turf Club first sought planning permission. Kildare County Council originally granted permission for the development in October 2006, but local farmer Percy Podger appealed to An Bord Pleanála on behalf of Friends of the Curragh Environment.
Podger claimed that the planning application was invalid and the environmental impact statement was inadequate. He also complained to the European Commission about breaches of EU directives.
The commission brought an action against the government in September 2007 for failing to transpose parts of several directives into Irish law, and for not informing the commission about subsequent changes to the law. Ireland said the court should dismiss the action. However, ECJ advocate general Juliane Kokott, in her opinion delivered last Thursday, said Ireland had failed to ensure adequately that road construction projects likely to have significant effects on the environment were subject to development consent and an assessment about their effects before consent was given.
She also said that Ireland had failed to ensure public participation in drawing up programmes relating to the environment.
It had also not made practical information on administrative and judicial review procedures available to the public, and had failed to inform the commission of High Court judgments concerning the Friends of the Curragh Environment, she said.
The commission also said that legal costs could be very high in Ireland, running into hundreds of thousands of euro.
The Irish government said that legal aid was available and potential applicants could also use the Ombudsman’s free complaints procedure, but Kokott said these arguments were ‘‘hardly compelling’’, as the legal aid scheme did not apply to procedures covered by the directive and the Ombudsman could not make binding decisions.
She said access to justice under Irish planning law was the focal point of the action, and anyone exercising their rights to bring court proceedings should ‘‘not be penalised, persecuted or harassed in any way for their involvement’’.
Member states had to provide practical information about access to justice; just publishing legislation was not sufficient. Kokott ordered that Ireland and the commission should each meet their own costs. Her opinion will now be considered by the court, which will give its ruling shortly.
Sunday Business Post
www.buckplanning.ie
The decision follows a complaint to the European Commission about a proposed €100 million development of the Curragh racecourse in Co Kildare.
The redevelopment was finally approved by An Bord Pleanála a year ago, more than two years after the Irish Turf Club first sought planning permission. Kildare County Council originally granted permission for the development in October 2006, but local farmer Percy Podger appealed to An Bord Pleanála on behalf of Friends of the Curragh Environment.
Podger claimed that the planning application was invalid and the environmental impact statement was inadequate. He also complained to the European Commission about breaches of EU directives.
The commission brought an action against the government in September 2007 for failing to transpose parts of several directives into Irish law, and for not informing the commission about subsequent changes to the law. Ireland said the court should dismiss the action. However, ECJ advocate general Juliane Kokott, in her opinion delivered last Thursday, said Ireland had failed to ensure adequately that road construction projects likely to have significant effects on the environment were subject to development consent and an assessment about their effects before consent was given.
She also said that Ireland had failed to ensure public participation in drawing up programmes relating to the environment.
It had also not made practical information on administrative and judicial review procedures available to the public, and had failed to inform the commission of High Court judgments concerning the Friends of the Curragh Environment, she said.
The commission also said that legal costs could be very high in Ireland, running into hundreds of thousands of euro.
The Irish government said that legal aid was available and potential applicants could also use the Ombudsman’s free complaints procedure, but Kokott said these arguments were ‘‘hardly compelling’’, as the legal aid scheme did not apply to procedures covered by the directive and the Ombudsman could not make binding decisions.
She said access to justice under Irish planning law was the focal point of the action, and anyone exercising their rights to bring court proceedings should ‘‘not be penalised, persecuted or harassed in any way for their involvement’’.
Member states had to provide practical information about access to justice; just publishing legislation was not sufficient. Kokott ordered that Ireland and the commission should each meet their own costs. Her opinion will now be considered by the court, which will give its ruling shortly.
Sunday Business Post
www.buckplanning.ie
NRA seeks tenders for motorway service stations
The National Roads Authority (NRA) has bought sites for the country’s first motorway service stations, though it will be next year before they are in operation.
The authority is seeking tenders for two service areas on the M1 between Dublin and Belfast - one northbound, between Dundalk and Castlebellingham, and one southbound, between Balbriggan and Lusk. It has also sought tenders for a service area on theM4 between Enfield and Kinnegad. Tenders must be submitted by February 20.
The NRA originally said that there was no need for service stations on motorways, but later changed its view. It has now also identified a need for stations on theM3 motorway, which is under construction between Clonee and Kells in Co Meath, and on the outskirts of Limerick city.
The NRA has also identified nine other locations for motorway services areas. These are on the N6 at Rathmorrisey in Galway, on theM6 east of Athlone, on the M7 at Mountrath and N7 east of Nenagh, on the N8 at Cashel and Kilworth, on the N9 at Kilcullen and north of Kilkenny, and on the N11 north of Gorey.
Detailed site assessment and final site selection have been undertaken for each of the locations. The facilities to be built include 24-hour services, public toilets and showers, food provision from 6am to 10pm, parking facilities for cars and heavy goods vehicles, and indoor and outdoor children’s play areas.
The planning approval process for service areas involves the submission of a service area scheme to An Bord Pleanála. Five schemes have been submitted to the board: for the M1 north and southbound, M4 at Enfield, N6 at Rathmorrissey andN11 at Gorey.
Oral hearings were held by An Bord Pleanála for the M1 and M4 schemes last July. Permission for a service area at Enfield was granted late last year, and decisions in respect of the other two ‘tranche one’ schemes have yet to be made, according to an NRA spokesman.
‘‘It is anticipated that the remaining nine schemes will be submitted before the end of March, with oral hearings before the summer this year,” he said. ‘‘The PPP [public private partnership] tender process for the first tranche of service areas, covering the twoM1 sites and the M4 site, will be complete by mid-2009.
‘‘Assuming approval by An Bord Pleanála, construction will be completed and these service areas open in 2010.I t will be 2011 for the rest.”
Sunday Business Post
www.buckplanning.ie
The authority is seeking tenders for two service areas on the M1 between Dublin and Belfast - one northbound, between Dundalk and Castlebellingham, and one southbound, between Balbriggan and Lusk. It has also sought tenders for a service area on theM4 between Enfield and Kinnegad. Tenders must be submitted by February 20.
The NRA originally said that there was no need for service stations on motorways, but later changed its view. It has now also identified a need for stations on theM3 motorway, which is under construction between Clonee and Kells in Co Meath, and on the outskirts of Limerick city.
The NRA has also identified nine other locations for motorway services areas. These are on the N6 at Rathmorrisey in Galway, on theM6 east of Athlone, on the M7 at Mountrath and N7 east of Nenagh, on the N8 at Cashel and Kilworth, on the N9 at Kilcullen and north of Kilkenny, and on the N11 north of Gorey.
Detailed site assessment and final site selection have been undertaken for each of the locations. The facilities to be built include 24-hour services, public toilets and showers, food provision from 6am to 10pm, parking facilities for cars and heavy goods vehicles, and indoor and outdoor children’s play areas.
The planning approval process for service areas involves the submission of a service area scheme to An Bord Pleanála. Five schemes have been submitted to the board: for the M1 north and southbound, M4 at Enfield, N6 at Rathmorrissey andN11 at Gorey.
Oral hearings were held by An Bord Pleanála for the M1 and M4 schemes last July. Permission for a service area at Enfield was granted late last year, and decisions in respect of the other two ‘tranche one’ schemes have yet to be made, according to an NRA spokesman.
‘‘It is anticipated that the remaining nine schemes will be submitted before the end of March, with oral hearings before the summer this year,” he said. ‘‘The PPP [public private partnership] tender process for the first tranche of service areas, covering the twoM1 sites and the M4 site, will be complete by mid-2009.
‘‘Assuming approval by An Bord Pleanála, construction will be completed and these service areas open in 2010.I t will be 2011 for the rest.”
Sunday Business Post
www.buckplanning.ie
Saturday, 17 January 2009
Capital's colossus stalled by recession
PLANS to erect a 46-metre sculpture of a human figure on the River Liffey have been shelved.
Despite An Bord Pleanala yesterday approving a proposal from the Dublin Docklands Development Authority (DDDA) to build the steel sculpture at City Quay, the €1.6m project has been delayed because of the recession.
The sculpture, by Turner prize-winning artist Antony Gormley -- who is best-known for his 'Angel of the North' work in the north of England -- was set to be in place by 2010 close to the Sean O'Casey bridge.
Yesterday, the DDDA said in a statement that the project was being "postponed temporarily", and would be kept "under review, adding that it was "very pleased" with the granting of planning permission.
"The sculpture is an important element of the Docklands Arts Strategy as outlined in its recently adopted 2008 master plan aimed at ensuring that arts and culture become part of the Docklands identity to enhance the area as a place in which to live, work, relax and be entertained," it said.
"However, given the current economic environment, the Docklands Authority will not be proceeding with this development. The project will be kept under review and the Docklands Authority will continue working with the artist and others to progress the design."
The project, which attracted the ire of local residents who claimed it would overshadow their homes, was granted a 10-year planning permission, which means it could still go ahead in the next decade.
Objectors claimed the massive work, which will be 10 metres shorter than Liberty Hall and the same height as the Statue of Liberty, would dominate views of Dublin Bay from the city centre and relegate existing buildings to 'bit players'.
In its decision, An Bord Pleanala granted permission but said a review of the project's impact on the River Liffey -- in particular salmon numbers -- would have to take place before 2019. If it was found to have a negative impact, it would have to be removed.
Such conditions are standard, particularly in relation to quarries and mobile phone masts.
The DDDA said: "Projects such as the London Eye, and indeed the Eiffel Tower, were originally granted temporary planning permission. We see the time limit as being an important part of the public debate and consultation."
Paul Melia
Irish Independent
www.buckplanning.ie
Despite An Bord Pleanala yesterday approving a proposal from the Dublin Docklands Development Authority (DDDA) to build the steel sculpture at City Quay, the €1.6m project has been delayed because of the recession.
The sculpture, by Turner prize-winning artist Antony Gormley -- who is best-known for his 'Angel of the North' work in the north of England -- was set to be in place by 2010 close to the Sean O'Casey bridge.
Yesterday, the DDDA said in a statement that the project was being "postponed temporarily", and would be kept "under review, adding that it was "very pleased" with the granting of planning permission.
"The sculpture is an important element of the Docklands Arts Strategy as outlined in its recently adopted 2008 master plan aimed at ensuring that arts and culture become part of the Docklands identity to enhance the area as a place in which to live, work, relax and be entertained," it said.
"However, given the current economic environment, the Docklands Authority will not be proceeding with this development. The project will be kept under review and the Docklands Authority will continue working with the artist and others to progress the design."
The project, which attracted the ire of local residents who claimed it would overshadow their homes, was granted a 10-year planning permission, which means it could still go ahead in the next decade.
Objectors claimed the massive work, which will be 10 metres shorter than Liberty Hall and the same height as the Statue of Liberty, would dominate views of Dublin Bay from the city centre and relegate existing buildings to 'bit players'.
In its decision, An Bord Pleanala granted permission but said a review of the project's impact on the River Liffey -- in particular salmon numbers -- would have to take place before 2019. If it was found to have a negative impact, it would have to be removed.
Such conditions are standard, particularly in relation to quarries and mobile phone masts.
The DDDA said: "Projects such as the London Eye, and indeed the Eiffel Tower, were originally granted temporary planning permission. We see the time limit as being an important part of the public debate and consultation."
Paul Melia
Irish Independent
www.buckplanning.ie
Court overturns council decision on McNamara development
Developer Bernard McNamara and his company Radora Developments Ltd have secured a court order overturning a “defective” decision by Dublin City Council which prevented the demolition of nine 19th century properties as part of a development at Merrion Road which was expected to achieve profits of €40 million.
The dispute between Mr McNamara and the council overt the listing of the properties was settled before Mr Justice Peter Kelly at the Commercial Court today on several terms.
These included the council’s conceding that its decision of July 7th, 2008 listing the properties on its Register of Protected Structures was in breach of provisions of the Planning and Development Act 2000.
The council accepted its decision was in excess of its powers under the Act because, prior to the decision being made, all elected councillors had not considered submissions of Radora and Mr Mc Namara or reports against listing the properties by two conservation experts and by the Council’s own conservation officer.
The settlement also involves Radora and Mr McNamara withdrawing claims against the council of negligence and misfeasance in public office in relation to the listing decision. The council is also to make a contribution to Mr McNamara’s legal costs.
The registered properties, known as the LLandaff properties, are located at 207-223 Merrion Road beside the Tara Towers Hotel and are part of a larger site bought for €10 million between 2002 and 2004.
The Tara Towers development, known as the Elm Park development, is being carried out by another McNamara company, Woodmead Ltd. The LLandaff properties were acquired with a view to extending the Elm Park development which, the judge noted, was expected at the time to achieve a profit of €40 million.
Radora had claimed some of the elected members of the council had voted to list the properties without addressing the issue as to whether they were of special interest and in the absence of evidence to support the listing and in the face of overwhelming evidence against it.
Submissions from local residents arguing for the properties to be listed as protected structures contained no expert evidence to support the claim the properties were of special interest, Radora also claimed.
Radora’s first planning application for the development was refused by the Council and An Bord Pleanala in 2006. Radora has since proposed a new development which requires the demolition of the LLandaff properties.
The proceedings by Radora and Mr McNamara against the council were admitted to the Commercial Court last November and the action was due to be herad over six days next month.
Irish Times
www.buckplanning.ie
The dispute between Mr McNamara and the council overt the listing of the properties was settled before Mr Justice Peter Kelly at the Commercial Court today on several terms.
These included the council’s conceding that its decision of July 7th, 2008 listing the properties on its Register of Protected Structures was in breach of provisions of the Planning and Development Act 2000.
The council accepted its decision was in excess of its powers under the Act because, prior to the decision being made, all elected councillors had not considered submissions of Radora and Mr Mc Namara or reports against listing the properties by two conservation experts and by the Council’s own conservation officer.
The settlement also involves Radora and Mr McNamara withdrawing claims against the council of negligence and misfeasance in public office in relation to the listing decision. The council is also to make a contribution to Mr McNamara’s legal costs.
The registered properties, known as the LLandaff properties, are located at 207-223 Merrion Road beside the Tara Towers Hotel and are part of a larger site bought for €10 million between 2002 and 2004.
The Tara Towers development, known as the Elm Park development, is being carried out by another McNamara company, Woodmead Ltd. The LLandaff properties were acquired with a view to extending the Elm Park development which, the judge noted, was expected at the time to achieve a profit of €40 million.
Radora had claimed some of the elected members of the council had voted to list the properties without addressing the issue as to whether they were of special interest and in the absence of evidence to support the listing and in the face of overwhelming evidence against it.
Submissions from local residents arguing for the properties to be listed as protected structures contained no expert evidence to support the claim the properties were of special interest, Radora also claimed.
Radora’s first planning application for the development was refused by the Council and An Bord Pleanala in 2006. Radora has since proposed a new development which requires the demolition of the LLandaff properties.
The proceedings by Radora and Mr McNamara against the council were admitted to the Commercial Court last November and the action was due to be herad over six days next month.
Irish Times
www.buckplanning.ie
Missing planning files on Meath incinerator project discovered
BOXES OF planning files which had gone missing from Meath County Council have been located.
Gardaí in Navan had been asked last month to investigate the disappearance of the files which related to an incinerator being built in the county.
However, the seven boxes have now been found. It appears they had been with a firm contracted to scan documents on to computer records.
A council spokesman yesterday confirmed the files had been “recovered from a firm subcontracted to provide data back-up services. This company had inadvertently stored the file together with records from another planning authority.”
When the company realised it had the files, it contacted the council. In response to the incident, the council spokesman said: “The council is examining its internal controls and has directed that the subcontractor bring forward proposals to ensure that such an incident does not recur.”
However, Fine Gael TD Shane McEntee is not happy that the files were removed from the council’s offices.
“The fact is these files were taken out of the building and they should now be put on public display. They relate to an incinerator which has now been built and the public have a right to inspect the files to ensure that everything is being complied with,” he said.
The council has previously dismissed any suggestions that the incinerator, being constructed by Indaver Ireland, is in the wrong part of the site. It says it has inspected the site and “is satisfied that the current development at Carranstown is being constructed in accordance with the planning permission applied for”.
It has also said the files are available for public inspection.
Irish Times
www.buckplanning.ie
Gardaí in Navan had been asked last month to investigate the disappearance of the files which related to an incinerator being built in the county.
However, the seven boxes have now been found. It appears they had been with a firm contracted to scan documents on to computer records.
A council spokesman yesterday confirmed the files had been “recovered from a firm subcontracted to provide data back-up services. This company had inadvertently stored the file together with records from another planning authority.”
When the company realised it had the files, it contacted the council. In response to the incident, the council spokesman said: “The council is examining its internal controls and has directed that the subcontractor bring forward proposals to ensure that such an incident does not recur.”
However, Fine Gael TD Shane McEntee is not happy that the files were removed from the council’s offices.
“The fact is these files were taken out of the building and they should now be put on public display. They relate to an incinerator which has now been built and the public have a right to inspect the files to ensure that everything is being complied with,” he said.
The council has previously dismissed any suggestions that the incinerator, being constructed by Indaver Ireland, is in the wrong part of the site. It says it has inspected the site and “is satisfied that the current development at Carranstown is being constructed in accordance with the planning permission applied for”.
It has also said the files are available for public inspection.
Irish Times
www.buckplanning.ie
Figurative sculpture planned for Liffey scrapped
THE DUBLIN Docklands Authority has said it will not be going ahead with the 46m (150ft) steel sculpture of a human figure in the river Liffey because of the cost of the project.
The authority had estimated last year that the sculpture by British artist Antony Gormley would cost up to €1.6 million to build.
An Bord Pleanála granted permission this week for the sculpture, which would have been almost the same height as the Statue of Liberty.
The authority said yesterday it was “very pleased” to have got planning permission for the sculpture, which was an important element of its arts strategy, but would not be erecting it.
“The sculpture is an important element of the Docklands Arts Strategy as outlined in its recently adopted 2008 master plan aimed at ensuring that arts and culture become part of the Docklands identity,” a spokeswoman said.
“However, given the current economic environment, the Docklands Authority will not be proceeding with this development.” The project would be kept under review, she said.
The steel-lattice figure was to have been erected in the water at City Quay, 30m (100ft) to the east of Seán O’Casey Bridge and 12m (40ft) from the quay wall.
At exactly 46.2m (151.57ft) above the water, based on the river’s mid-low spring tide level, the sculpture would have been just 30cm (11.8 inches) shorter than the Statue of Liberty from her foot to the top of her torch.
Gormley is most famous for his Angel of the North in Gateshead, England.
An Bord Pleanála had granted permission for the Liffey sculpture to stand for 10 years, after which it would either be dismantled or new planning permission obtained.
Irish Times
www.buckplanning.ie
The authority had estimated last year that the sculpture by British artist Antony Gormley would cost up to €1.6 million to build.
An Bord Pleanála granted permission this week for the sculpture, which would have been almost the same height as the Statue of Liberty.
The authority said yesterday it was “very pleased” to have got planning permission for the sculpture, which was an important element of its arts strategy, but would not be erecting it.
“The sculpture is an important element of the Docklands Arts Strategy as outlined in its recently adopted 2008 master plan aimed at ensuring that arts and culture become part of the Docklands identity,” a spokeswoman said.
“However, given the current economic environment, the Docklands Authority will not be proceeding with this development.” The project would be kept under review, she said.
The steel-lattice figure was to have been erected in the water at City Quay, 30m (100ft) to the east of Seán O’Casey Bridge and 12m (40ft) from the quay wall.
At exactly 46.2m (151.57ft) above the water, based on the river’s mid-low spring tide level, the sculpture would have been just 30cm (11.8 inches) shorter than the Statue of Liberty from her foot to the top of her torch.
Gormley is most famous for his Angel of the North in Gateshead, England.
An Bord Pleanála had granted permission for the Liffey sculpture to stand for 10 years, after which it would either be dismantled or new planning permission obtained.
Irish Times
www.buckplanning.ie
Council wants to meet owners of Lissadell House
SLIGO COUNTY Council yesterday rejected suggestions that it was not treating with urgency the controversy over alleged rights of way which has led to the closure of Lissadell House.
The council insisted it has been seeking a meeting with the owners of the historic estate since April 2008. It also pointed out that its solicitors had reiterated the county manager’s offer to meet the owners as recently as last Wednesday, the day High Court proceedings were issued by them against the local authority.
Last Monday barristers Edward Walsh and Constance Cassidy, who bought Lissadell, the childhood home of 1916 leader Constance Markievicz, in 2003, closed it as a tourist attraction.
They said they had been forced to take this action because of the actions of Sligo County Council which had voted unanimously to amend the county development plan to make provision for the preservation of rights of way on the estate, rights which the owners insist do not exist.
The family pointed out that they had increased visitor numbers from 4,000 a year to over 40,000 but said that the council’s action would make it impossible to continue for reasons of public safety and insurance.
The closure has sparked a public outcry in the northwest and hopes of a resolution faded last Wednesday when the owners issued court proceedings against the council saying it was not treating the matter with urgency.
Yesterday, a spokesman for the council said he wished to “vehemently deny” this suggestion and said efforts to resolve the issue had been ongoing for months.
In interviews, Mr Walsh accused the council of launching an unprovoked attack on Lissadell and also suggested that recent developments might be linked to the forthcoming local elections.
In a statement yesterday the council said it wanted to clarify its position, given the level of publicity and statements about how it has handled the issue.
It said it had received extensive submissions from members of the public regarding “the curtailing of access along certain alleged public rights of way” at Lissadell.
It added that under the Roads Act it was a local authority’s function to protect the right of the public to use public rights of way in its administrative area.
The council said that on receipt of legal advice it had first sought a meeting with the owners last April and while “efforts to arrange a meeting continued”, no meeting had taken place.
Following the council vote on December 1st to amend the development plan, it said an offer to meet the owners was included in a letter to their solicitors from the county manager, Hubert Kearns, on December 19th last.
Last Monday council members passed a motion urging that the county manager and officials meet the owners of Lissadell and local people with a view to resolving the issue.
The council said yesterday that following that resolution, the county manager’s offer to meet was reiterated by the council’s solicitors last Wednesday. It said a response was received on the same day from the owners, through their solicitors, indicating they are willing to meet the manager.
The council said it hoped to be able to arrange a mutually convenient time soon.
Irish Times
www.buckplanning.ie
The council insisted it has been seeking a meeting with the owners of the historic estate since April 2008. It also pointed out that its solicitors had reiterated the county manager’s offer to meet the owners as recently as last Wednesday, the day High Court proceedings were issued by them against the local authority.
Last Monday barristers Edward Walsh and Constance Cassidy, who bought Lissadell, the childhood home of 1916 leader Constance Markievicz, in 2003, closed it as a tourist attraction.
They said they had been forced to take this action because of the actions of Sligo County Council which had voted unanimously to amend the county development plan to make provision for the preservation of rights of way on the estate, rights which the owners insist do not exist.
The family pointed out that they had increased visitor numbers from 4,000 a year to over 40,000 but said that the council’s action would make it impossible to continue for reasons of public safety and insurance.
The closure has sparked a public outcry in the northwest and hopes of a resolution faded last Wednesday when the owners issued court proceedings against the council saying it was not treating the matter with urgency.
Yesterday, a spokesman for the council said he wished to “vehemently deny” this suggestion and said efforts to resolve the issue had been ongoing for months.
In interviews, Mr Walsh accused the council of launching an unprovoked attack on Lissadell and also suggested that recent developments might be linked to the forthcoming local elections.
In a statement yesterday the council said it wanted to clarify its position, given the level of publicity and statements about how it has handled the issue.
It said it had received extensive submissions from members of the public regarding “the curtailing of access along certain alleged public rights of way” at Lissadell.
It added that under the Roads Act it was a local authority’s function to protect the right of the public to use public rights of way in its administrative area.
The council said that on receipt of legal advice it had first sought a meeting with the owners last April and while “efforts to arrange a meeting continued”, no meeting had taken place.
Following the council vote on December 1st to amend the development plan, it said an offer to meet the owners was included in a letter to their solicitors from the county manager, Hubert Kearns, on December 19th last.
Last Monday council members passed a motion urging that the county manager and officials meet the owners of Lissadell and local people with a view to resolving the issue.
The council said yesterday that following that resolution, the county manager’s offer to meet was reiterated by the council’s solicitors last Wednesday. It said a response was received on the same day from the owners, through their solicitors, indicating they are willing to meet the manager.
The council said it hoped to be able to arrange a mutually convenient time soon.
Irish Times
www.buckplanning.ie
Court overturns council ban on plan by McNamara
DEVELOPER BERNARD McNamara and his company Radora Developments Ltd have secured a court order overturning a “defective” decision by Dublin City Council which prevented the demolition of nine 19th-century properties as part of a development on Dublin’s Merrion Road which was expected to achieve profits of €40 million.
The dispute between Mr McNamara and the council over the listing of the properties was settled before Mr Justice Peter Kelly at the Commercial Court yesterday on several terms.
These included the council’s concession that its decision of July 7th, 2008, listing the properties on its Register of Protected Structures, was in breach of provisions of the Planning and Development Act 2000.
The council accepted its decision was in excess of its powers under the Act because, before the decision was made, all elected councillors had not considered submissions of Radora and Mr McNamara or reports against listing the properties by two conservation experts and by the council’s own conservation officer.
On that basis, Conleth Bradley SC, for the council, did not oppose the making of an order quashing its decision.
The council was also not seeking to have the matter remitted to the full elected council, the judge was told by Eamon Galligan SC, counsel for Radora. The settlement also involves Radora and Mr McNamara withdrawing claims against the council of negligence and misfeasance in public office in relation to the listing decision.
The council is also to make a contribution to Mr McNamara’s legal costs.
Mr Justice Kelly made orders in line with the settlement and noted the council’s admission meant it accepted certain statutory procedures were not carried into effect in accordance with the legislation and the council’s decision was therefore defective.
On that basis, he was satisfied to quash the order.
The proceedings by Radora and Mr McNamara against the council were admitted to the Commercial Court last November and the action was due to be heard over six days next month.
The registered properties, known as the LLandaff properties, are at 207-223 Merrion Road beside the Tara Towers Hotel.
The properties are part of a larger site bought for €10 million between 2002 and 2004.
The Tara Towers development, known as the Elm Park development, is being carried out by another McNamara company, Woodmead Ltd.
The LLandaff properties were acquired with a view to extending the Elm Park development which, the judge noted, was expected at the time to achieve a profit of €40 million.
Radora had claimed some of the elected members of the council had voted to list the properties without addressing the issue as to whether they were of special interest and in the absence of evidence to support the listing and in the face of overwhelming evidence against it.
Submissions from local residents arguing for the properties to be listed as protected structures contained no expert evidence to support the claim the properties were of special interest, Radora also claimed.
Radora’s first planning application for the development was refused by the council and An Bord Pleanála in 2006.
Radora has since proposed a new development which requires the demolition of the LLandaff properties.
Radora: what happens next
A SPOKESMAN for Radora said the company, a partnership between developers Bernard McNamara, Jerry O’Reilly and David Courtney, would now be in a position to submit its planning application to develop the Merrion Road site.
He said Radora had only reluctantly instituted legal proceedings after the elected members of Dublin City Council had voted in favour of listing the entire terrace of eight buildings.
The council’s decision was contrary to the advice given by senior planning officials who had recommended that the terrace should not be listed in its entirety.
In May 2007, An Bord Pleanála refused planning permission for a 24-storey tower on the site. Subsequently, Bucholz McEvoy Architects prepared revised plans for an eight-storey scheme. The revised plans were drawn up in consultation with city council planners.
“Then, out of the blue, the council listed the lot,” the spokesman said. This decision had debarred Radora from pursuing its plans.
“We were left with a choice, either to live with it or challenge it, so we reluctantly challenged it.”
FRANK McDONALD
Irish Times
www.buckplanning.ie
The dispute between Mr McNamara and the council over the listing of the properties was settled before Mr Justice Peter Kelly at the Commercial Court yesterday on several terms.
These included the council’s concession that its decision of July 7th, 2008, listing the properties on its Register of Protected Structures, was in breach of provisions of the Planning and Development Act 2000.
The council accepted its decision was in excess of its powers under the Act because, before the decision was made, all elected councillors had not considered submissions of Radora and Mr McNamara or reports against listing the properties by two conservation experts and by the council’s own conservation officer.
On that basis, Conleth Bradley SC, for the council, did not oppose the making of an order quashing its decision.
The council was also not seeking to have the matter remitted to the full elected council, the judge was told by Eamon Galligan SC, counsel for Radora. The settlement also involves Radora and Mr McNamara withdrawing claims against the council of negligence and misfeasance in public office in relation to the listing decision.
The council is also to make a contribution to Mr McNamara’s legal costs.
Mr Justice Kelly made orders in line with the settlement and noted the council’s admission meant it accepted certain statutory procedures were not carried into effect in accordance with the legislation and the council’s decision was therefore defective.
On that basis, he was satisfied to quash the order.
The proceedings by Radora and Mr McNamara against the council were admitted to the Commercial Court last November and the action was due to be heard over six days next month.
The registered properties, known as the LLandaff properties, are at 207-223 Merrion Road beside the Tara Towers Hotel.
The properties are part of a larger site bought for €10 million between 2002 and 2004.
The Tara Towers development, known as the Elm Park development, is being carried out by another McNamara company, Woodmead Ltd.
The LLandaff properties were acquired with a view to extending the Elm Park development which, the judge noted, was expected at the time to achieve a profit of €40 million.
Radora had claimed some of the elected members of the council had voted to list the properties without addressing the issue as to whether they were of special interest and in the absence of evidence to support the listing and in the face of overwhelming evidence against it.
Submissions from local residents arguing for the properties to be listed as protected structures contained no expert evidence to support the claim the properties were of special interest, Radora also claimed.
Radora’s first planning application for the development was refused by the council and An Bord Pleanála in 2006.
Radora has since proposed a new development which requires the demolition of the LLandaff properties.
Radora: what happens next
A SPOKESMAN for Radora said the company, a partnership between developers Bernard McNamara, Jerry O’Reilly and David Courtney, would now be in a position to submit its planning application to develop the Merrion Road site.
He said Radora had only reluctantly instituted legal proceedings after the elected members of Dublin City Council had voted in favour of listing the entire terrace of eight buildings.
The council’s decision was contrary to the advice given by senior planning officials who had recommended that the terrace should not be listed in its entirety.
In May 2007, An Bord Pleanála refused planning permission for a 24-storey tower on the site. Subsequently, Bucholz McEvoy Architects prepared revised plans for an eight-storey scheme. The revised plans were drawn up in consultation with city council planners.
“Then, out of the blue, the council listed the lot,” the spokesman said. This decision had debarred Radora from pursuing its plans.
“We were left with a choice, either to live with it or challenge it, so we reluctantly challenged it.”
FRANK McDONALD
Irish Times
www.buckplanning.ie
Thursday, 15 January 2009
Lissadell owners take fight to high court
THE owners of Lissadell House have initiated High Court proceedings to resolve the issue of public rights of way over the Sligo estate.
The ancestral home of Countess Markievicz and its grounds were closed to the public this week. Owners Edward Walsh and Constance Cassidy claimed they were unable to continue with the development of the property as a tourist attraction because of an ongoing dispute with some local residents over rights of way on certain roads in the estate.
Their consistent claims that there are no public rights of way through the land are being challenged by locals who say that such rights of way have existed for generations.
Matters came to a head last month when Sligo County Council voted to amend its development plan to make provision for the preservation of rights of way through Lissadell.
But in the wake of the decision by the owners to close down the estate, the council passed an emergency motion earlier this week seeking an immediate meeting with the owners and locals.
In a statement issued last night, the barrister couple criticised Sligo County Council for failing to inform them of that emergency motion. "The only reason we know about this resolution is because we became aware of it in the media."
Anita Guidera
Irish Independent
www.buckplanning.ie
The ancestral home of Countess Markievicz and its grounds were closed to the public this week. Owners Edward Walsh and Constance Cassidy claimed they were unable to continue with the development of the property as a tourist attraction because of an ongoing dispute with some local residents over rights of way on certain roads in the estate.
Their consistent claims that there are no public rights of way through the land are being challenged by locals who say that such rights of way have existed for generations.
Matters came to a head last month when Sligo County Council voted to amend its development plan to make provision for the preservation of rights of way through Lissadell.
But in the wake of the decision by the owners to close down the estate, the council passed an emergency motion earlier this week seeking an immediate meeting with the owners and locals.
In a statement issued last night, the barrister couple criticised Sligo County Council for failing to inform them of that emergency motion. "The only reason we know about this resolution is because we became aware of it in the media."
Anita Guidera
Irish Independent
www.buckplanning.ie
Major blow for Dunne's shopping centre plans
DEVELOPER Sean Dunne has been refused permission to build a multi-million euro shopping centre in Co Wicklow.
In a major setback for the high-profile businessman, yesterday An Bord Pleanala refused permission for a district shopping centre and retail warehouses at a site at Charlesland in Greystones saying it would conflict with national retail guidelines.
The €1bn development, proposed by Zapi Properties which is made up of Mr Dunne and businessman Sean Mulryan, proposed a 20,000-sq m shopping centre, offices and 260 new homes on an 80-acre site outside the town centre.
The application came after local councillors agreed to change the zoning of the site to allow mixed-use development in return for a number of community facilities being handed over.
It was unclear last night if the community facilities would go ahead, given that permission was refused for most of the ambitious project.
In its decision, the board granted permission for houses, offices, an enterprise centre, petrol station and car showrooms.
Conflict
"The proposed district centre, which would be located in an out of centre, greenfield site would conflict with national policy as contained in the retail planning guidelines which favours the siting of new retail development in town centres or edge of centre locations," it said.
The development would have an "adverse impact" on the viability of the existing town centre, and Greystones required a smaller shopping centre to cater for "local needs".
Major developments were better placed in Wicklow and Bray, and the developer had not demonstrated that alternative sites closer to the town's shopping area were not suitable for development.
A public hearing into his plans was held late last year, where a rival developer seeking to build a shopping centre in Bray outlined their objections following the collapse of a "gentleman's agreement" where both parties agreed not to object to each other's schemes.
Pizarro Developments, which includes developer Paddy Kelly, Durkan New Homes and Pierse Construction, objected to the Greystones scheme. It proposes building the new Bray Town Centre shopping complex, and a decision on that plan is due at the end of the month.
Local councillor Derek Mitchell (FG) said the decision would result in jobs being lost to Wicklow.
Zapi was not available for comment last night.
Paul Melia
Irish Independent
www.buckplanning.ie
In a major setback for the high-profile businessman, yesterday An Bord Pleanala refused permission for a district shopping centre and retail warehouses at a site at Charlesland in Greystones saying it would conflict with national retail guidelines.
The €1bn development, proposed by Zapi Properties which is made up of Mr Dunne and businessman Sean Mulryan, proposed a 20,000-sq m shopping centre, offices and 260 new homes on an 80-acre site outside the town centre.
The application came after local councillors agreed to change the zoning of the site to allow mixed-use development in return for a number of community facilities being handed over.
It was unclear last night if the community facilities would go ahead, given that permission was refused for most of the ambitious project.
In its decision, the board granted permission for houses, offices, an enterprise centre, petrol station and car showrooms.
Conflict
"The proposed district centre, which would be located in an out of centre, greenfield site would conflict with national policy as contained in the retail planning guidelines which favours the siting of new retail development in town centres or edge of centre locations," it said.
The development would have an "adverse impact" on the viability of the existing town centre, and Greystones required a smaller shopping centre to cater for "local needs".
Major developments were better placed in Wicklow and Bray, and the developer had not demonstrated that alternative sites closer to the town's shopping area were not suitable for development.
A public hearing into his plans was held late last year, where a rival developer seeking to build a shopping centre in Bray outlined their objections following the collapse of a "gentleman's agreement" where both parties agreed not to object to each other's schemes.
Pizarro Developments, which includes developer Paddy Kelly, Durkan New Homes and Pierse Construction, objected to the Greystones scheme. It proposes building the new Bray Town Centre shopping complex, and a decision on that plan is due at the end of the month.
Local councillor Derek Mitchell (FG) said the decision would result in jobs being lost to Wicklow.
Zapi was not available for comment last night.
Paul Melia
Irish Independent
www.buckplanning.ie
Plans for 270 homes at monastery site
OVER 270 NEW homes are planned for a site at the Mount Argus monastery in Harold’s Cross, Dublin. Developer Eugene Larkin has lodged plans for a scheme at the former Congregation of the Passion monastery, beside Mount Argus church.
The 5.7 acre (2.31 hectare) site and monastery was sold last March for €19 million. The Passionists order, which has been at Mount Argus for over 150 years, is not leaving the area. It has held onto the church, car park, a house, gardens and a site on which it is constructing a new monastery.
As part of the deal, developers Twinlite will build a 156sq m (1,679sq ft) community centre for the order.
Viera Limited, a subsidiary of Mr Larkin’s Twinlite Construction, wants to build six apartment blocks fronting on to Lower Kimmage Road. The developer is also looking for permission to turn the order’s monastery into a 62-home scheme.
The old entrance hall, monastery staircase and other period elements of the building will be incorporated into the scheme, says Rick Larkin from Twinlite.
Meanwhile, in Goatstown, O’Malley Construction has been given the go-ahead to build a residential scheme at the former Bank of Ireland sports grounds at Knockrabo in Dublin 14.
Dun Laoghaire-Rathdown County Council has given approval to the Galway-based company to build 108 homes on the five-acre (2.02 hectare) site.
This is the third planning application the company has lodged for the site, having failed on two previous occasions, primarily because a road layout for a link road to Sandyford had not been finalised.
The council is now considering an application from developer Niall Mellon for 85 units on a nearby site, also part of the former Bank of Ireland sports grounds.
Irish Times
www.buckplanning.ie
The 5.7 acre (2.31 hectare) site and monastery was sold last March for €19 million. The Passionists order, which has been at Mount Argus for over 150 years, is not leaving the area. It has held onto the church, car park, a house, gardens and a site on which it is constructing a new monastery.
As part of the deal, developers Twinlite will build a 156sq m (1,679sq ft) community centre for the order.
Viera Limited, a subsidiary of Mr Larkin’s Twinlite Construction, wants to build six apartment blocks fronting on to Lower Kimmage Road. The developer is also looking for permission to turn the order’s monastery into a 62-home scheme.
The old entrance hall, monastery staircase and other period elements of the building will be incorporated into the scheme, says Rick Larkin from Twinlite.
Meanwhile, in Goatstown, O’Malley Construction has been given the go-ahead to build a residential scheme at the former Bank of Ireland sports grounds at Knockrabo in Dublin 14.
Dun Laoghaire-Rathdown County Council has given approval to the Galway-based company to build 108 homes on the five-acre (2.02 hectare) site.
This is the third planning application the company has lodged for the site, having failed on two previous occasions, primarily because a road layout for a link road to Sandyford had not been finalised.
The council is now considering an application from developer Niall Mellon for 85 units on a nearby site, also part of the former Bank of Ireland sports grounds.
Irish Times
www.buckplanning.ie
€35m sewerage plant payment defended
DUBLIN CITY Council and the Department of the Environment have defended the payment of €35 million to the developers of the Ringsend sewerage plant, which has emitted foul odours since its construction in 2003.
Minister for the Environment John Gormley last year ordered an inquiry after it emerged that the company responsible for its design, construction and operation, ABA, was paid the settlement. The inquiry, conducted by consultant Brendan Fehily, found the contract between the council and ABA allowed odour levels 20 times higher than those stipulated in the project’s environmental impact statement.
This was “either a serious error of judgment or a mistake,” Mr Fehily said. He also found the capacity needed had been underestimated by the equivalent of waste from 225,000 people. The inquiry’s report, published last November, was this week presented to an Oireachtas environment committee. Mr Fehily said the odour problems were mostly “created by inadequate design and equipment failure”.
When asked by Fine Gael Senator Paudi Coffey about the settlement, Tom Corcoran, assistant secretary with the Department of the Environment, said it could have been higher. “The final sum was €35 million, but €171.8 million had been the claim from the contractor for additional costs” associated with solving the odour problem, increasing sludge-drying capacity, upgrading electricity standards and dealing with additional waste. After negotiations, €100 million remained in dispute, Mr Corcoran said, and “a €35 million settlement was reached”.
Irish Times
www.buckplanning.ie
Minister for the Environment John Gormley last year ordered an inquiry after it emerged that the company responsible for its design, construction and operation, ABA, was paid the settlement. The inquiry, conducted by consultant Brendan Fehily, found the contract between the council and ABA allowed odour levels 20 times higher than those stipulated in the project’s environmental impact statement.
This was “either a serious error of judgment or a mistake,” Mr Fehily said. He also found the capacity needed had been underestimated by the equivalent of waste from 225,000 people. The inquiry’s report, published last November, was this week presented to an Oireachtas environment committee. Mr Fehily said the odour problems were mostly “created by inadequate design and equipment failure”.
When asked by Fine Gael Senator Paudi Coffey about the settlement, Tom Corcoran, assistant secretary with the Department of the Environment, said it could have been higher. “The final sum was €35 million, but €171.8 million had been the claim from the contractor for additional costs” associated with solving the odour problem, increasing sludge-drying capacity, upgrading electricity standards and dealing with additional waste. After negotiations, €100 million remained in dispute, Mr Corcoran said, and “a €35 million settlement was reached”.
Irish Times
www.buckplanning.ie
Lissadell owners to take council to court
THE OWNERS of Lissadell House yesterday issued High Court proceedings against Sligo County Council just days after the historic estate closed its doors to the public.
Last night barrister Eddie Walsh, who with his wife Constance Cassidy bought the childhood home of 1916 leader Countess Markievicz in 2003, said he was “absolutely shattered” and felt that five years’ work had been poured down the drain.
The couple closed the house last Monday, blaming the council’s decision to amend its county development plan to assert public rights of way through the estate.
The owners, who insist that they bought Lissadell as a private property and that no such rights of way exist, expressed anger that they had received no communication from Sligo County Council since last Monday when elected members passed a resolution that a meeting be sought with them on the issue.
They said that they viewed this matter with the utmost gravity but “it is very clear to us that the council do not regard this matter as urgent”.
Mr Walsh said that irrespective of the outcome of the court proceedings, he doubted whether “we will ever see Lissadell in the same shape”. And he stressed that if the family lose the case “we are gone”.
He said he believed that his position, that there are no public rights of way through the estate, would be upheld by the court but even if this is the case “I just question whether all the effort, commitment and money has been worthwhile”.
A spokesman for the council said last night that it had hoped to meet the owners of Lissadell House to discuss the situation as recommended by the elected members on Monday.
He said that given that legal proceedings had now been initiated, it would be inappropriate to make any other comment.
There has been controversy since the couple announced last week they were closing Lissadell as a tourist attraction and at last Monday’s monthly meeting of the council, standing orders were suspended to allow a discussion on the matter.
A resolution was passed that the manager and officials would enter into discussion with the owners and local people with a view to having the matter resolved.
The owners said that the only reason they knew about this resolution was because they learned of it in the media.
They added that they had also repeatedly asked for documents from the council, but these have not been made available either.
“Accordingly, in circumstances where the county council do not appear to be complying with their own resolution, we have today instituted legal proceedings.
“The matter will now proceed in the High Court,” they said.
Mr Walsh said that since Monday they had been manning the phones and had awaited an e-mail or a communication through the post either to Lissadell, the Law Library or though their solicitor, but to no avail.
He said that when they had bought Lissadell they had inquired from the council whether there were public roads in charge there and in a response the council had not made any reference to rights of way which “I would have thought disingenuous if not deceptive or downright dishonest”.
He said he and his family had spent over four years working and pouring money into Lissadell in an attempt to achieve something wonderful there and he was “utterly appalled and horrified” that the council after almost five years had taken this step.
Irish Times
www.buckplanning.ie
Last night barrister Eddie Walsh, who with his wife Constance Cassidy bought the childhood home of 1916 leader Countess Markievicz in 2003, said he was “absolutely shattered” and felt that five years’ work had been poured down the drain.
The couple closed the house last Monday, blaming the council’s decision to amend its county development plan to assert public rights of way through the estate.
The owners, who insist that they bought Lissadell as a private property and that no such rights of way exist, expressed anger that they had received no communication from Sligo County Council since last Monday when elected members passed a resolution that a meeting be sought with them on the issue.
They said that they viewed this matter with the utmost gravity but “it is very clear to us that the council do not regard this matter as urgent”.
Mr Walsh said that irrespective of the outcome of the court proceedings, he doubted whether “we will ever see Lissadell in the same shape”. And he stressed that if the family lose the case “we are gone”.
He said he believed that his position, that there are no public rights of way through the estate, would be upheld by the court but even if this is the case “I just question whether all the effort, commitment and money has been worthwhile”.
A spokesman for the council said last night that it had hoped to meet the owners of Lissadell House to discuss the situation as recommended by the elected members on Monday.
He said that given that legal proceedings had now been initiated, it would be inappropriate to make any other comment.
There has been controversy since the couple announced last week they were closing Lissadell as a tourist attraction and at last Monday’s monthly meeting of the council, standing orders were suspended to allow a discussion on the matter.
A resolution was passed that the manager and officials would enter into discussion with the owners and local people with a view to having the matter resolved.
The owners said that the only reason they knew about this resolution was because they learned of it in the media.
They added that they had also repeatedly asked for documents from the council, but these have not been made available either.
“Accordingly, in circumstances where the county council do not appear to be complying with their own resolution, we have today instituted legal proceedings.
“The matter will now proceed in the High Court,” they said.
Mr Walsh said that since Monday they had been manning the phones and had awaited an e-mail or a communication through the post either to Lissadell, the Law Library or though their solicitor, but to no avail.
He said that when they had bought Lissadell they had inquired from the council whether there were public roads in charge there and in a response the council had not made any reference to rights of way which “I would have thought disingenuous if not deceptive or downright dishonest”.
He said he and his family had spent over four years working and pouring money into Lissadell in an attempt to achieve something wonderful there and he was “utterly appalled and horrified” that the council after almost five years had taken this step.
Irish Times
www.buckplanning.ie
Shopping centre near Greystones refused planning
AN BORD PLEANÁLA has refused planning permission for a shopping centre which was to be at the heart of a large-scale development on the outskirts of Greystones, Co Wicklow.
The planning authority granted permission for other elements of the town centre style scheme on a 100-acre site at Charlesland, some 3km from Greystones town centre, including offices, an enterprise centre and sites for a proposed new Garda station and primary school.
The scheme, which was to be located beside the existing Charlesland development of 1,500 homes, was to consist of 20,000sq m of shops, 26,000sq m of offices, 16,000sq m of retail warehousing, 11,500sq m of motor showrooms, as well as light industrial units and 260 new homes.
However, a report by an An Bord Pleanála inspector said the shopping centre would conflict with national policy contained in the Retail Guidelines for Planning Authorities Act of 2005 which would favour the location of such a facility in the town centre.
The report also said the development would undermine the designated role of Bray to serve the county’s retail needs.
“The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area,” it continued.
The development was proposed by Zapi Ltd – a property company controlled by Seán Dunne of Mountbrook Homes and Seán Mulryan of Ballymore.
Zapi was to contribute €100,000 towards the development of a Greystones heritage centre and €500,000 towards the cost of a recycling facility for the town.
Wicklow County Council approved planning permission for the development in December 2007, but three appeals were subsequently lodged against the scheme.
The cathaoirleach of Wicklow County Council, Cllr Derek Mitchell of Fine Gael, said he was disappointed by the decision and believed that in the current economic climate, the development was unlikely to go ahead without the shopping centre.
Cllr Mitchell said the arrival of big name retailers and an enterprise centre would have generated much needed employment for the area and reduced Greystones dependency on commuting.
Irish Times
www.buckplanning.ie
The planning authority granted permission for other elements of the town centre style scheme on a 100-acre site at Charlesland, some 3km from Greystones town centre, including offices, an enterprise centre and sites for a proposed new Garda station and primary school.
The scheme, which was to be located beside the existing Charlesland development of 1,500 homes, was to consist of 20,000sq m of shops, 26,000sq m of offices, 16,000sq m of retail warehousing, 11,500sq m of motor showrooms, as well as light industrial units and 260 new homes.
However, a report by an An Bord Pleanála inspector said the shopping centre would conflict with national policy contained in the Retail Guidelines for Planning Authorities Act of 2005 which would favour the location of such a facility in the town centre.
The report also said the development would undermine the designated role of Bray to serve the county’s retail needs.
“The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area,” it continued.
The development was proposed by Zapi Ltd – a property company controlled by Seán Dunne of Mountbrook Homes and Seán Mulryan of Ballymore.
Zapi was to contribute €100,000 towards the development of a Greystones heritage centre and €500,000 towards the cost of a recycling facility for the town.
Wicklow County Council approved planning permission for the development in December 2007, but three appeals were subsequently lodged against the scheme.
The cathaoirleach of Wicklow County Council, Cllr Derek Mitchell of Fine Gael, said he was disappointed by the decision and believed that in the current economic climate, the development was unlikely to go ahead without the shopping centre.
Cllr Mitchell said the arrival of big name retailers and an enterprise centre would have generated much needed employment for the area and reduced Greystones dependency on commuting.
Irish Times
www.buckplanning.ie
Wednesday, 14 January 2009
Kilkenny lapdancing club to close because of 'material change of use'
A LAPDANCING club is to be forced to close until it gets proper planning permission to operate.
An Bord Pleanála has ruled that the opening of a “gentleman’s club” in Kilkenny city does not come under the remit of a pub licence and therefore constitutes a material change of use.
The ruling yesterday means that the owners will have to go through the public planning process and face third-party objections to their application.
The board’s judgment will have significant implications for local authorities across the country.
Whispers lapdancing club, now called Secrets Gentleman’s Club, opened in the Widow McGrath’s pub on Parliament Street, Kilkenny, in January 2008 and received a full bar licence from the courts last September. For the last year the club has offered pole-dancing and lapdancing from €30 by 15 women working at the club.
Concerned councillors and city officials opposed the club and asked the planning broad to consider whether “the use of an existing public house as a lapdancing club constituted a development or not”.
Local councillor Seán Ó Hargáin expressed “cautious delight” at the board’s ruling yesterday.
“I am glad to see that this kind of club does constitute a development and that they require a change of use through the planning system.”
John McCormack, head of planning with Kilkenny local authorities, said they would be enforcing the planning and development laws in relation to the club.
“We will be acting on complaints from members of the public about lapdancing taking place at the premises and expect the owners to comply with the board’s ruling.”
The club owners, who last night said they were unaware of the ruling, will be entitled to continue trading as a pub under their current licence.
However, if lapdancing continues at the premises, the local planning authority will be in a position to take enforcement measures that would include seeking a court injunction to have the entire premises closed.
The planning board’s ruling stated that “the use of the building as a lapdancing club is materially different from the activities generally associated with a public house”.
Irish Times
www.buckplanning.ie
An Bord Pleanála has ruled that the opening of a “gentleman’s club” in Kilkenny city does not come under the remit of a pub licence and therefore constitutes a material change of use.
The ruling yesterday means that the owners will have to go through the public planning process and face third-party objections to their application.
The board’s judgment will have significant implications for local authorities across the country.
Whispers lapdancing club, now called Secrets Gentleman’s Club, opened in the Widow McGrath’s pub on Parliament Street, Kilkenny, in January 2008 and received a full bar licence from the courts last September. For the last year the club has offered pole-dancing and lapdancing from €30 by 15 women working at the club.
Concerned councillors and city officials opposed the club and asked the planning broad to consider whether “the use of an existing public house as a lapdancing club constituted a development or not”.
Local councillor Seán Ó Hargáin expressed “cautious delight” at the board’s ruling yesterday.
“I am glad to see that this kind of club does constitute a development and that they require a change of use through the planning system.”
John McCormack, head of planning with Kilkenny local authorities, said they would be enforcing the planning and development laws in relation to the club.
“We will be acting on complaints from members of the public about lapdancing taking place at the premises and expect the owners to comply with the board’s ruling.”
The club owners, who last night said they were unaware of the ruling, will be entitled to continue trading as a pub under their current licence.
However, if lapdancing continues at the premises, the local planning authority will be in a position to take enforcement measures that would include seeking a court injunction to have the entire premises closed.
The planning board’s ruling stated that “the use of the building as a lapdancing club is materially different from the activities generally associated with a public house”.
Irish Times
www.buckplanning.ie
Quashing of council's ruling sought
A GREEN Party councillor has asked the High Court to overturn a decision that a Wicklow Fianna Fáil councillor and solicitor had not breached ethics legislation in proposing and voting for a quarry rezoning motion without disclosing that his law firm was acting for the quarry owner in legal proceedings.
The action by Deirdre de Búrca centres on the construction of certain provisions of the Local Government Act 2001, enacted to provide an ethical framework for local government.
The conclusion by Wicklow County Council’s ethics committee in its June 15th, 2005, report that Fachtna Whittle had acted unwisely but not in breach of the ethics legislation, was fundamentally flawed, Gerard Hogan SC, for Ms de Búrca, argued yesterday. The decision set an ethical standard for county councils which the Oireachtas could not have intended, he added.
Mr Hogan argued that the report failed to address the central question, whether Mr Whittle had a beneficial or declarable interest in the lands within the meaning of the relevant ethics legislation.
The report had fundamentally misconstrued the law in that it applied the normal meaning of “beneficial interest”, not its meaning within the terms of the relevant provisions of the 2001 Act, he submitted.
Mr Whittle was a solicitor acting for the landowner and it was impossible to see how this could not be material to the rezoning motion, Mr Hogan argued.
In proceedings before Mr Justice John Hedigan, Ms de Búrca wants an order quashing the June 2005 report. The action is against the Wicklow county manager and the chair of Wicklow County Council, with Mr Whittle as notice party.
The report was compiled after Ms de Búrca formally complained to the ethics registrar of the council about Mr Whittle’s conduct during a council meeting on the county development plan on July 12th, 2004.
Mr Whittle had proposed the rezoning of lands at Ballylusk, Ashford, to extend an existing quarry there. Ms de Búrca claimed he breached the ethics provisions because he failed to disclose that the solicitors’ firm of which he is principal was acting for the quarry owner in legal proceedings concerning the site’s planning status.
Ms de Búrca claims Mr Whittle should not have proposed the motion or voted for it. However, the report of the ethics registrar concluded, while it was “unwise” and an “error of judgment” for Mr Whittle to have proposed the rezoning motion because of his firm’s involvement in legal proceedings regarding the lands, he had no beneficial or pecuniary interest in the lands and no declarable interest in the lands for the purpose of the legislation.
Ms de Búrca said the report was also critical of her in that it noted she had not attended the inquiry. She said she did not do so because she had made a formal complaint and it was for the respondents to construe the legislation on the basis of uncontradicted facts.
In submissions yesterday, Mr Hogan argued that section 176 of the Local Government Act 2001 converted the professional involvement of Mr Whittle with regard to the quarry lands into a “beneficial interest” within the meaning of the Act, as Mr Whittle had actual knowledge that he had a declarable interest in relation to the rezoning resolution proposed.
The Act imposed an obligation on professional persons to disclose that beneficial interest in respect of discrete motions or resolutions before the council, Mr Hogan added.
The case continues today.
Irish Times
www.buckplanning.ie
The action by Deirdre de Búrca centres on the construction of certain provisions of the Local Government Act 2001, enacted to provide an ethical framework for local government.
The conclusion by Wicklow County Council’s ethics committee in its June 15th, 2005, report that Fachtna Whittle had acted unwisely but not in breach of the ethics legislation, was fundamentally flawed, Gerard Hogan SC, for Ms de Búrca, argued yesterday. The decision set an ethical standard for county councils which the Oireachtas could not have intended, he added.
Mr Hogan argued that the report failed to address the central question, whether Mr Whittle had a beneficial or declarable interest in the lands within the meaning of the relevant ethics legislation.
The report had fundamentally misconstrued the law in that it applied the normal meaning of “beneficial interest”, not its meaning within the terms of the relevant provisions of the 2001 Act, he submitted.
Mr Whittle was a solicitor acting for the landowner and it was impossible to see how this could not be material to the rezoning motion, Mr Hogan argued.
In proceedings before Mr Justice John Hedigan, Ms de Búrca wants an order quashing the June 2005 report. The action is against the Wicklow county manager and the chair of Wicklow County Council, with Mr Whittle as notice party.
The report was compiled after Ms de Búrca formally complained to the ethics registrar of the council about Mr Whittle’s conduct during a council meeting on the county development plan on July 12th, 2004.
Mr Whittle had proposed the rezoning of lands at Ballylusk, Ashford, to extend an existing quarry there. Ms de Búrca claimed he breached the ethics provisions because he failed to disclose that the solicitors’ firm of which he is principal was acting for the quarry owner in legal proceedings concerning the site’s planning status.
Ms de Búrca claims Mr Whittle should not have proposed the motion or voted for it. However, the report of the ethics registrar concluded, while it was “unwise” and an “error of judgment” for Mr Whittle to have proposed the rezoning motion because of his firm’s involvement in legal proceedings regarding the lands, he had no beneficial or pecuniary interest in the lands and no declarable interest in the lands for the purpose of the legislation.
Ms de Búrca said the report was also critical of her in that it noted she had not attended the inquiry. She said she did not do so because she had made a formal complaint and it was for the respondents to construe the legislation on the basis of uncontradicted facts.
In submissions yesterday, Mr Hogan argued that section 176 of the Local Government Act 2001 converted the professional involvement of Mr Whittle with regard to the quarry lands into a “beneficial interest” within the meaning of the Act, as Mr Whittle had actual knowledge that he had a declarable interest in relation to the rezoning resolution proposed.
The Act imposed an obligation on professional persons to disclose that beneficial interest in respect of discrete motions or resolutions before the council, Mr Hogan added.
The case continues today.
Irish Times
www.buckplanning.ie
Tuesday, 13 January 2009
Council in bid to end Lissadell House row
SLIGO County Council is to seek immediate talks with the owners of Lissadell House in a effort to resolve a row which has led to the closure of the ancestral home of Countess Markievicz to the public.
At a meeting yesterday, members voted that the council enter into discussion with the owners and locals to try to resolve a dispute over rights of way through the north Sligo estate.
Last month, the council voted to amend its County Developnent plan to protect rights of way through Lissadell, which one local councillor, Joe Leonard, maintained have existed for generations.
But barrister owners Eddie Walsh and Constance Cassidy, who claim they cannot continue to operate the house as a tourist attraction under those conditions, say they received assurances from the local authority and the previous owners, that there is no public right of way through the estate.
Anita Guidera
Irish Independent
www.buckplanning.ie
At a meeting yesterday, members voted that the council enter into discussion with the owners and locals to try to resolve a dispute over rights of way through the north Sligo estate.
Last month, the council voted to amend its County Developnent plan to protect rights of way through Lissadell, which one local councillor, Joe Leonard, maintained have existed for generations.
But barrister owners Eddie Walsh and Constance Cassidy, who claim they cannot continue to operate the house as a tourist attraction under those conditions, say they received assurances from the local authority and the previous owners, that there is no public right of way through the estate.
Anita Guidera
Irish Independent
www.buckplanning.ie
Corrib gas 'vital' for Ireland's needs
THE CORRIB gas field is vital to Ireland’s future security needs, Chambers Ireland has said.
The head of Chamber Development David Bourke said the recent stand-off between Russia and Ukraine over a gas pipeline underlined the need for Ireland to have a gas supply of its own.
Chambers Ireland has been a strong supporter of the project despite all the controversy engendered by the decision to bring the pipeline onshore to a terminal at Bellanaboy in north Co Mayo.
The field, which should go into production by the end of next year or the beginning of 2011, could supply 60 per cent of Ireland’s gas needs when fully up and running.
The value of the field, over its 15-20 year lifespan, has been estimated at €3 billion, according to a report by Goodbody Economic Consultants, for the Corrib gas partners, comprising of Shell EP, Statoil and Marathon.
Mr Bourke described the Corrib project as “vital” to Ireland’s energy security at a time when we import 90 per cent of our gas requirements.
“This latest dispute between Russia and Ukraine further highlights the economic risks and heightens the important role that the Corrib project will play in reducing Ireland’s dependence on energy imports over the next 20 years,” he said.
He added that the Bellanaboy project is currently employing 900 at Erris and will employ 130 people when gas begins to flow from the Bellanaboy terminal.
“At a time of global economic uncertainty, let’s not threaten any more jobs,” he said.
Shell EP, the main partner in the project, is to resubmit its planning application for the pipeline route in the coming weeks to An Bord Pleanála. It is planning a minor re-routing away from ecologically-sensitive bog pools in the Rossport area.
An original route was given planning permission in 2005 but caused a huge public outcry because locals feared the pipeline would be located too close to homes in the Rossport area.
Irish Times
www.buckplanning.ie
The head of Chamber Development David Bourke said the recent stand-off between Russia and Ukraine over a gas pipeline underlined the need for Ireland to have a gas supply of its own.
Chambers Ireland has been a strong supporter of the project despite all the controversy engendered by the decision to bring the pipeline onshore to a terminal at Bellanaboy in north Co Mayo.
The field, which should go into production by the end of next year or the beginning of 2011, could supply 60 per cent of Ireland’s gas needs when fully up and running.
The value of the field, over its 15-20 year lifespan, has been estimated at €3 billion, according to a report by Goodbody Economic Consultants, for the Corrib gas partners, comprising of Shell EP, Statoil and Marathon.
Mr Bourke described the Corrib project as “vital” to Ireland’s energy security at a time when we import 90 per cent of our gas requirements.
“This latest dispute between Russia and Ukraine further highlights the economic risks and heightens the important role that the Corrib project will play in reducing Ireland’s dependence on energy imports over the next 20 years,” he said.
He added that the Bellanaboy project is currently employing 900 at Erris and will employ 130 people when gas begins to flow from the Bellanaboy terminal.
“At a time of global economic uncertainty, let’s not threaten any more jobs,” he said.
Shell EP, the main partner in the project, is to resubmit its planning application for the pipeline route in the coming weeks to An Bord Pleanála. It is planning a minor re-routing away from ecologically-sensitive bog pools in the Rossport area.
An original route was given planning permission in 2005 but caused a huge public outcry because locals feared the pipeline would be located too close to homes in the Rossport area.
Irish Times
www.buckplanning.ie
Monday, 12 January 2009
Contract based on undermining planning code cannot be enforced
Kelly -v- Simpson: High Court. Judgment delivered by Mr Justice Charleton on December 1st, 2008
Judgment
A contract based on a price that would not have been achieved but for representations designed to undermine the planning code should not be enforced.
Background
The plaintiff, Vincent Kelly, was seeking the specific performance of a contract by the defendant to buy land near Schull, Co Cork.
Mr Justice Charleton said that the fundamental ingredients in a contract for the sale of land were that the parties be identified as vendor and purchaser, the land be identified with substantial precision and that the price be agreed.
Normally the motivation for any person selling or buying land is irrelevant, but where the specific performance of a contract is concerned it is crucial, and here he was being asked to exercise the equitable jurisdiction of the court to compel the defendant to purchase the land at the price agreed.
The property was about 2.5 acres above the town of Schull on which there was an existing bungalow and an old stone ruin. It overlooked the town of Schull and the islands of Sherkin and Oileán Chléire. Mr Kelly said he bought it in December 2006, through local auctioneer Martin Swanton, with the intention of selling it as a development site.
The purchaser, Mr Simpson, was attracted by its development potential, and Mr Swanton, who was representing Mr Kelly during the sale, presented it to him as capable of development by demolishing the existing bungalow and replacing it with an "executive residence" and of fitting two more houses on it.
In May 2007 Mr Swanton approached Mr Simpson and told him the property was for sale for €1.5 million.
Mr Simpson agreed to buy it, and signed a form registering his interest, but did not pay the €150,000 deposit.
An architect's report drawn up for Mr Simpson stated that the development plan for the area Planning legislation does not exist as a fig leaf that can be treated with disregard by anyone sought to focus development in towns while providing for "the genuine needs of locals wishing to live in the rural area in which they were bought up." The report also indicated that the site was in a scenic amenity zone.
In relation to ruinous dwellings it stated that the development of such buildings would not be prevented in "appropriate cases". The report considered one additional dwelling might be permitted on the site.
Contracts were exchanged, but not signed, as there were a number of postponements of the closing date. A completion notice was served on January 9th and a further one on February 26th 2008.
Mr Justice Charleton said he had to consider how the price of €300,000 per half-acre for land in a scenic part of rural Ireland came about. In uncontested evidence Mr Swanton had told Mr Simpson that the local authority planner for the area had said she would allow three houses on the site.
Mr Swanton's proposal for the development of the site was to replace the roof on the ruin in order to make it a redevelopment building in the eyes of a planner; to redevelop the existing dwelling as an "executive residence"; and to apply for planning for a residence in a part of the site covered by trees and scrub in the name of a local person claiming a housing need, whom he would provide. He reasoned that the first would cost approximately €250,000 to develop and would yield approximately €1 million; the second would cost approximately €450,000 to develop and would yield approximately €1.8 million and the third would cost about €300,000 to develop, but would take approximately five years to sell because of the planning restrictions which required the involvement of a local person.
"There is no doubt that the selling agent on behalf of the plaintiff, Mr Swanton, was very well aware from the first meeting with the defendant as potential purchaser of the planning restrictions in this area," Mr Justice Charleton said.
"The price at this high monetary level was achieved through inducing the defendant to partially transform an old ruin . . . with the intention of making it appear to the planning authorities that it was a substantial roofed and ruined, though uninhabited, dwelling."
Mr Justice Charleton also referred to an exchange of e-mails between Mr Swanton and Mr Simpson in which the former said he thought he had found a local for the adjoining site.
Decision
Mr Justice Charleton stated that the planning code existed for the purpose of ensuring that one of our most valuable economic resources, the Irish countryside, should be maintained. Where the Oireachtas has formulated a legislative policy on planning, and local government had exercised devolved powers to set out a county plan on how the countryside is to be developed, the courts are bound to respect it.
"Planning legislation does not exist as a fig leaf that can be treated with disregard by anyone," he said. "If approaches to the planning process are not honest, then it is fundamentally undermined. Such attitudes are destructive of the rule of law."
He said the price was essential to the formulation of any valid contract for the sale of land. "I have no doubt that the price in this instance would never have been achieved by the plaintiff, through his agent, had the defendant not been induced to consider it as being more valuable than it in fact was by specific representations designed to undermine the planning code" he said.He refused the court's aid to enforce the contract.
The full judgment is on www.courts.ie
Gavin Ralston SC and Joanna Kelleher BL, instructed by Séamus Hickey of Hickey Fitzgerald, for the applicant; Justin Dillon SC and Hugh O'Flaherty BL, instructed by Gary Kingston of Kingston and Co, for the respondent.
Irish Times
www.buckplanning.ie
Judgment
A contract based on a price that would not have been achieved but for representations designed to undermine the planning code should not be enforced.
Background
The plaintiff, Vincent Kelly, was seeking the specific performance of a contract by the defendant to buy land near Schull, Co Cork.
Mr Justice Charleton said that the fundamental ingredients in a contract for the sale of land were that the parties be identified as vendor and purchaser, the land be identified with substantial precision and that the price be agreed.
Normally the motivation for any person selling or buying land is irrelevant, but where the specific performance of a contract is concerned it is crucial, and here he was being asked to exercise the equitable jurisdiction of the court to compel the defendant to purchase the land at the price agreed.
The property was about 2.5 acres above the town of Schull on which there was an existing bungalow and an old stone ruin. It overlooked the town of Schull and the islands of Sherkin and Oileán Chléire. Mr Kelly said he bought it in December 2006, through local auctioneer Martin Swanton, with the intention of selling it as a development site.
The purchaser, Mr Simpson, was attracted by its development potential, and Mr Swanton, who was representing Mr Kelly during the sale, presented it to him as capable of development by demolishing the existing bungalow and replacing it with an "executive residence" and of fitting two more houses on it.
In May 2007 Mr Swanton approached Mr Simpson and told him the property was for sale for €1.5 million.
Mr Simpson agreed to buy it, and signed a form registering his interest, but did not pay the €150,000 deposit.
An architect's report drawn up for Mr Simpson stated that the development plan for the area Planning legislation does not exist as a fig leaf that can be treated with disregard by anyone sought to focus development in towns while providing for "the genuine needs of locals wishing to live in the rural area in which they were bought up." The report also indicated that the site was in a scenic amenity zone.
In relation to ruinous dwellings it stated that the development of such buildings would not be prevented in "appropriate cases". The report considered one additional dwelling might be permitted on the site.
Contracts were exchanged, but not signed, as there were a number of postponements of the closing date. A completion notice was served on January 9th and a further one on February 26th 2008.
Mr Justice Charleton said he had to consider how the price of €300,000 per half-acre for land in a scenic part of rural Ireland came about. In uncontested evidence Mr Swanton had told Mr Simpson that the local authority planner for the area had said she would allow three houses on the site.
Mr Swanton's proposal for the development of the site was to replace the roof on the ruin in order to make it a redevelopment building in the eyes of a planner; to redevelop the existing dwelling as an "executive residence"; and to apply for planning for a residence in a part of the site covered by trees and scrub in the name of a local person claiming a housing need, whom he would provide. He reasoned that the first would cost approximately €250,000 to develop and would yield approximately €1 million; the second would cost approximately €450,000 to develop and would yield approximately €1.8 million and the third would cost about €300,000 to develop, but would take approximately five years to sell because of the planning restrictions which required the involvement of a local person.
"There is no doubt that the selling agent on behalf of the plaintiff, Mr Swanton, was very well aware from the first meeting with the defendant as potential purchaser of the planning restrictions in this area," Mr Justice Charleton said.
"The price at this high monetary level was achieved through inducing the defendant to partially transform an old ruin . . . with the intention of making it appear to the planning authorities that it was a substantial roofed and ruined, though uninhabited, dwelling."
Mr Justice Charleton also referred to an exchange of e-mails between Mr Swanton and Mr Simpson in which the former said he thought he had found a local for the adjoining site.
Decision
Mr Justice Charleton stated that the planning code existed for the purpose of ensuring that one of our most valuable economic resources, the Irish countryside, should be maintained. Where the Oireachtas has formulated a legislative policy on planning, and local government had exercised devolved powers to set out a county plan on how the countryside is to be developed, the courts are bound to respect it.
"Planning legislation does not exist as a fig leaf that can be treated with disregard by anyone," he said. "If approaches to the planning process are not honest, then it is fundamentally undermined. Such attitudes are destructive of the rule of law."
He said the price was essential to the formulation of any valid contract for the sale of land. "I have no doubt that the price in this instance would never have been achieved by the plaintiff, through his agent, had the defendant not been induced to consider it as being more valuable than it in fact was by specific representations designed to undermine the planning code" he said.He refused the court's aid to enforce the contract.
The full judgment is on www.courts.ie
Gavin Ralston SC and Joanna Kelleher BL, instructed by Séamus Hickey of Hickey Fitzgerald, for the applicant; Justin Dillon SC and Hugh O'Flaherty BL, instructed by Gary Kingston of Kingston and Co, for the respondent.
Irish Times
www.buckplanning.ie
Permission required for quarry development
Meath County Council -v- Sheils: High Court. Judgment delivered by Mr Justice Hedigan on November 13th, 2008
Judgment
The intensification of quarrying at a quarry in Co Meath, including the use of blasting, constituted unauthorised development within the meaning of the Planning and Development Act 2000 and the applicant, Meath County Council, was entitled to orders restraining the respondent from continuing, prohibiting any intensification of the work, and directing the removal of machinery from the site.
Background
The case concerned a stone quarry in Slane, Co Meath, where quarrying had first begun in the late 19th century and continued intermittently until it was bought by the present owner, the respondent, Patrick Sheils, in 2004. For the remainder of that year the operation of the quarry was small, and in December he applied to register it in accordance with Section 261 of the Planning and Development Act 2000. There was a factual dispute concerning the details submitted on the registration documentation.
In June 2005 an engineer with the county council visited the site and reported that it was a small-scale development, with no evidence of significant intensive quarrying operations.
From February 2006 there were numerous complaints made to the county council by local residents relating to the intensity of the quarrying, and including complaints about long hours, dust, noise and explosions.
An executive planner visited the site on behalf of the county council and noted a number of machines in operation, a portacabin and a number of vehicles entering and leaving. She concluded there had been an intensification of operations, and the county council sent a warning letter to the owner.
This planner also reported that in her opinion the quarrying activities now being carried out constituted an intensification that required planning permission. The council wrote to the respondent calling on him to cease.
He responded that he would continue in accordance with the details on the registration forms he had submitted. He refused to give copies of a log-book and blast records, and the council sought and was granted an order by the District Court requiring him to hand them over. These showed an average of 221 loads a week being excavated and transported between January 2006 and February 2007.
The dispute about the registration form was a central part of the hearing. Two versions of the second page were submitted to the court. The county council's version stated the site to be 3.46 hectares in area, and stated that the expected traffic would range from 0 to 100 loads a week, with no emissions, as the "operation is small and confined".
Mr Shiels's version stated that the site was 4.46 hectares in area, and, relating to emissions, "occasional blasting takes place, this dependent on the hardness of the rock". In relation to traffic it stated that this could be up to 200 loads a day or 1,400 a week.
Mr Sheils said that the council's version of the form was an earlier, draft version that was submitted in error by his sister in his absence, and that he later submitted the correct form.
The council alleged that Mr Sheils's version of the form was forged, and was changed to reflect the increased volume of output. Only the first page of its version was stamped, while the second page of Mr Sheils's was stamped.
It commissioned a forensic scientist to examine this stamp, and he concluded that there was "conclusive evidence" that this stamp was taken from the council's version and placed on Mr Sheils's version, most likely by "composite photocopy process".
The council contended that there had been a material change in the use of the land, amounting to unauthorised development. This included the use of an increased area for excavation, major changes in the production method, with the use of blasting, and an increase in the number of loads of up to 60 on some days.
Mr Sheils contended that the quarry had been in use for 100 years, and that the increase in the number of loads did not constitute a change of use.
Decision
Mr Justice Hedigan examined the relevant law, referring to the questions outlined in the judgment of Ms Justice Finlay Geoghegan in Roadstone Provinces Ltd -v- An Bord Pleanála .
In relation to whether there had been a change in use of the land, he referred to the first engineer's report, which stated that the operation was "small and confined".
He then turned to the evidence of the respondent concerning the registration form, which gave rise to "the gravest concern".
"It seems to me that there exist grounds to suspect that a serious, determined, carefully planned and carefully executed effort was made to subvert the planning process by altering or forging an official form subsequent to its original submission. I will refer the papers in this matter to the Director of Public Prosecutions with a view to his consideration of criminal proceedings," he said.
He rejected Mr Sheils's evidence on the form, and held that the council's version was the correct one. He concluded that the threefold increase in output, the significant change in production methods used and the increase in the area quarried, all amounted to a "classic case of intensification" and was a change in the use of land.
Turning to whether this change was "material" he said this must be considered in the context of the planning and development considerations for the area.
Up to 2004 there had been no complaints about the operation of the quarry. The intensification occurred over a two-year period, after at least 50 years of minimal activities. The change was "material" in that "development" within the meaning of the Planning and Development Act 2000 had taken place. It was also unauthorised, and the court had jurisdiction to grant the reliefs sought.
This discretion should not be exercised lightly, and the duty and benefit of the developer must be balanced against the environmental and ecological rights and amenities of the public, present and future.
He considered the conduct of the respondent in this context, and pointed out that it appeared he had fabricated evidence on at least one occasion in the course of the present proceedings, that is the second page of the registration form.
He may have fabricated a letter from the local residents' association, which he claimed was used to insult his political sensitivities. He had also refused to provide documents to the council, forcing it to go to court.
Mr Sheils had claimed his business would be unsustainable if he was restricted to the 20 loads a day stated on the council's registration form. However, Mr Justice Hedigan concluded that this would merely restore the quarry's operation to its pre-2004 level, and would not have a "devastating" or "destructive" effect on the business.
In the light of all this, and in particular in the light of the mala fides (bad faith) of the respondent, he was granting the council the reliefs it sought.
The full judgment is on www.courts.ie
Pat Butler SC and Tom Clarke BL, instructed by Regan McEntee, Trim, for the applicant; John Aylmer SC and Oisin Collins BL, instructed by G Traynor and Co, Dundalk, for the respondent
Irish Times
www.buckplanning.ie
Judgment
The intensification of quarrying at a quarry in Co Meath, including the use of blasting, constituted unauthorised development within the meaning of the Planning and Development Act 2000 and the applicant, Meath County Council, was entitled to orders restraining the respondent from continuing, prohibiting any intensification of the work, and directing the removal of machinery from the site.
Background
The case concerned a stone quarry in Slane, Co Meath, where quarrying had first begun in the late 19th century and continued intermittently until it was bought by the present owner, the respondent, Patrick Sheils, in 2004. For the remainder of that year the operation of the quarry was small, and in December he applied to register it in accordance with Section 261 of the Planning and Development Act 2000. There was a factual dispute concerning the details submitted on the registration documentation.
In June 2005 an engineer with the county council visited the site and reported that it was a small-scale development, with no evidence of significant intensive quarrying operations.
From February 2006 there were numerous complaints made to the county council by local residents relating to the intensity of the quarrying, and including complaints about long hours, dust, noise and explosions.
An executive planner visited the site on behalf of the county council and noted a number of machines in operation, a portacabin and a number of vehicles entering and leaving. She concluded there had been an intensification of operations, and the county council sent a warning letter to the owner.
This planner also reported that in her opinion the quarrying activities now being carried out constituted an intensification that required planning permission. The council wrote to the respondent calling on him to cease.
He responded that he would continue in accordance with the details on the registration forms he had submitted. He refused to give copies of a log-book and blast records, and the council sought and was granted an order by the District Court requiring him to hand them over. These showed an average of 221 loads a week being excavated and transported between January 2006 and February 2007.
The dispute about the registration form was a central part of the hearing. Two versions of the second page were submitted to the court. The county council's version stated the site to be 3.46 hectares in area, and stated that the expected traffic would range from 0 to 100 loads a week, with no emissions, as the "operation is small and confined".
Mr Shiels's version stated that the site was 4.46 hectares in area, and, relating to emissions, "occasional blasting takes place, this dependent on the hardness of the rock". In relation to traffic it stated that this could be up to 200 loads a day or 1,400 a week.
Mr Sheils said that the council's version of the form was an earlier, draft version that was submitted in error by his sister in his absence, and that he later submitted the correct form.
The council alleged that Mr Sheils's version of the form was forged, and was changed to reflect the increased volume of output. Only the first page of its version was stamped, while the second page of Mr Sheils's was stamped.
It commissioned a forensic scientist to examine this stamp, and he concluded that there was "conclusive evidence" that this stamp was taken from the council's version and placed on Mr Sheils's version, most likely by "composite photocopy process".
The council contended that there had been a material change in the use of the land, amounting to unauthorised development. This included the use of an increased area for excavation, major changes in the production method, with the use of blasting, and an increase in the number of loads of up to 60 on some days.
Mr Sheils contended that the quarry had been in use for 100 years, and that the increase in the number of loads did not constitute a change of use.
Decision
Mr Justice Hedigan examined the relevant law, referring to the questions outlined in the judgment of Ms Justice Finlay Geoghegan in Roadstone Provinces Ltd -v- An Bord Pleanála .
In relation to whether there had been a change in use of the land, he referred to the first engineer's report, which stated that the operation was "small and confined".
He then turned to the evidence of the respondent concerning the registration form, which gave rise to "the gravest concern".
"It seems to me that there exist grounds to suspect that a serious, determined, carefully planned and carefully executed effort was made to subvert the planning process by altering or forging an official form subsequent to its original submission. I will refer the papers in this matter to the Director of Public Prosecutions with a view to his consideration of criminal proceedings," he said.
He rejected Mr Sheils's evidence on the form, and held that the council's version was the correct one. He concluded that the threefold increase in output, the significant change in production methods used and the increase in the area quarried, all amounted to a "classic case of intensification" and was a change in the use of land.
Turning to whether this change was "material" he said this must be considered in the context of the planning and development considerations for the area.
Up to 2004 there had been no complaints about the operation of the quarry. The intensification occurred over a two-year period, after at least 50 years of minimal activities. The change was "material" in that "development" within the meaning of the Planning and Development Act 2000 had taken place. It was also unauthorised, and the court had jurisdiction to grant the reliefs sought.
This discretion should not be exercised lightly, and the duty and benefit of the developer must be balanced against the environmental and ecological rights and amenities of the public, present and future.
He considered the conduct of the respondent in this context, and pointed out that it appeared he had fabricated evidence on at least one occasion in the course of the present proceedings, that is the second page of the registration form.
He may have fabricated a letter from the local residents' association, which he claimed was used to insult his political sensitivities. He had also refused to provide documents to the council, forcing it to go to court.
Mr Sheils had claimed his business would be unsustainable if he was restricted to the 20 loads a day stated on the council's registration form. However, Mr Justice Hedigan concluded that this would merely restore the quarry's operation to its pre-2004 level, and would not have a "devastating" or "destructive" effect on the business.
In the light of all this, and in particular in the light of the mala fides (bad faith) of the respondent, he was granting the council the reliefs it sought.
The full judgment is on www.courts.ie
Pat Butler SC and Tom Clarke BL, instructed by Regan McEntee, Trim, for the applicant; John Aylmer SC and Oisin Collins BL, instructed by G Traynor and Co, Dundalk, for the respondent
Irish Times
www.buckplanning.ie
Residents win battle over mobile phone antennae
RESIDENTS OF a small Waterford fishing village have won a three-year battle to have a mobile phone antennae taken down from the roof of their local shop.
An Bord Pleanála, in two separate decisions, has ruled in favour of residents of Dunmore East who are now celebrating their victory over three communications companies – Hutchinson 3G, Meteor and 02.
The 12 antennae and dishes on the roof of the village’s Londis store were erected initially without planning permission and residents claimed they only became aware of them when their television sets starting picking up interference.
But following a ruling by An Bord Pleanála, the locals now plan to demand that the equipment – over which they had expressed health concerns – be taken down.
“This is a significant result for the group of determined residents who came together and battled against something they felt was just not right,” said solicitor John Reedy.
Residents complained that the equipment was located only yards from homes, shops and also a playschool attended by 30 children. Residents had said that while there was no proof of risks, there was no proof to the contrary either.
Meteor and 02 had lodged a joint application for planning retention for their equipment while Hutchinson 3G had applied alone. At the height of the dispute, Meteor and 02 had claimed that their antennae could help in future sea rescues in the fishing village.
Irish Times
www.buckplanning.ie
An Bord Pleanála, in two separate decisions, has ruled in favour of residents of Dunmore East who are now celebrating their victory over three communications companies – Hutchinson 3G, Meteor and 02.
The 12 antennae and dishes on the roof of the village’s Londis store were erected initially without planning permission and residents claimed they only became aware of them when their television sets starting picking up interference.
But following a ruling by An Bord Pleanála, the locals now plan to demand that the equipment – over which they had expressed health concerns – be taken down.
“This is a significant result for the group of determined residents who came together and battled against something they felt was just not right,” said solicitor John Reedy.
Residents complained that the equipment was located only yards from homes, shops and also a playschool attended by 30 children. Residents had said that while there was no proof of risks, there was no proof to the contrary either.
Meteor and 02 had lodged a joint application for planning retention for their equipment while Hutchinson 3G had applied alone. At the height of the dispute, Meteor and 02 had claimed that their antennae could help in future sea rescues in the fishing village.
Irish Times
www.buckplanning.ie
Title problems may stop Dún Laoghaire baths project
LEGAL IMPEDIMENTS contained in the leases and titles on land in Dún Laoghaire, Co Dublin, could make the planned redevelopment of the public baths there impossible, according to a local councillor.
Dún Laoghaire-Rathdown County Council has already spent €270,000 on consultancy fees to develop plans for the baths, but leases and titles dating back to the early 1900s may prevent some developments on the site. Dún Laoghaire public baths had been the subject of controversial development proposals, which were rejected by councillors in 2006 because of strong local opposition.
Two outline plans covering the area from the East Pier to Sandycove including the site of the baths, were developed for the council by consultants Royal Haskoning. The plans were put out to public consultation in the autumn. “Concept A” costing up to €129 million to develop, involves a lagoon beach, a pedestrian bridge, an aquatic play area on the old public baths site and a civic space with underground car park of up to 500 spaces.
“Concept B” would cost €92 million and involves a new promenade and sandy beach from the East Pier to the Newtownsmith section, as well as a water sports centre in Sandycove Park.
The results of the public consultation process will be presented at a council meeting this evening.
Documents already circulated to councillors showed land included in the plans is subdivided into five plots, with five separate and differing titles. There are also differing and various rights following the five titles. And not all of the titles are owned by the council.
The land on which the baths itself is built is held in grant since 1909, originally from the British crown and includes a condition requiring the permission of the owner before any development is carried out. Legal impediments and restrictions included in the titles were numerous and significant and could make some development impossible, according to Green Party councillor Gene Feighery. “Until the freehold and leasehold title is sorted out, there can be no reality to these proposals,” she said.
Local councillors are today also to consider a report showing 4,620 people are on a waiting list for affordable homes in Dún Laoghaire-Rathdown. The council expects to provide 571 affordable homes between now and 2010.
Irish Times
www.buckplanning.ie
Dún Laoghaire-Rathdown County Council has already spent €270,000 on consultancy fees to develop plans for the baths, but leases and titles dating back to the early 1900s may prevent some developments on the site. Dún Laoghaire public baths had been the subject of controversial development proposals, which were rejected by councillors in 2006 because of strong local opposition.
Two outline plans covering the area from the East Pier to Sandycove including the site of the baths, were developed for the council by consultants Royal Haskoning. The plans were put out to public consultation in the autumn. “Concept A” costing up to €129 million to develop, involves a lagoon beach, a pedestrian bridge, an aquatic play area on the old public baths site and a civic space with underground car park of up to 500 spaces.
“Concept B” would cost €92 million and involves a new promenade and sandy beach from the East Pier to the Newtownsmith section, as well as a water sports centre in Sandycove Park.
The results of the public consultation process will be presented at a council meeting this evening.
Documents already circulated to councillors showed land included in the plans is subdivided into five plots, with five separate and differing titles. There are also differing and various rights following the five titles. And not all of the titles are owned by the council.
The land on which the baths itself is built is held in grant since 1909, originally from the British crown and includes a condition requiring the permission of the owner before any development is carried out. Legal impediments and restrictions included in the titles were numerous and significant and could make some development impossible, according to Green Party councillor Gene Feighery. “Until the freehold and leasehold title is sorted out, there can be no reality to these proposals,” she said.
Local councillors are today also to consider a report showing 4,620 people are on a waiting list for affordable homes in Dún Laoghaire-Rathdown. The council expects to provide 571 affordable homes between now and 2010.
Irish Times
www.buckplanning.ie
Councillors face footing bill in rezoning case
A GROUP of politicians will have to pay for their local authority’s costly legal defence because they voted for an “unreasonable” planning decision currently before the High Court.
Thirteen members of South Dublin County Council were told by county management to back down and revoke a controversial rezoning or future case costs will be theirs.
And, in an unprecedented move, management also informed the councillors they will be billed for the costs already accrued.
This is because the councillors defied legal advice offered by the local authority when they granted a lucrative rezoning concession to developer Jim Mansfield.
Today the council is expected to drop its opposition to the court case. Afterwards it will battle over the bill.
Citing section 112 of the 2001 local government act, management believes the local authority does not have to take financial responsibility for a decision it opposed.
Last May the group ignored pleas by county manager Joe Horan and voted to rezone a boutique golf village in Citywest, making it a local shopping centre.
Six weeks later the owner of the nearby district shopping centre on Fortunestown Lane, Place Investments, launched a High Court challenge. It said a similar development on the same road would affect its potential.
In a letter provided to the May council meeting, senior counsel John Traynor warned that Place Investments had a strong case.
“I believe that... it would be highly desirable for elected members to be advised that, without strong compelling reasons... a decision to adopt the variation would be at extreme risk of being quashed,” he said.
Seven councillors voted against the plan, including Tony McDermott of the Green Party, Socialist Mick Murphy and five members of the Labour Party bloc.
Since December 13 affected councillors have been involved in almost daily briefings. In their defence the elected members said their decision to rezone was based on the need to generate employment. They will attempt to avoid responsibility for the bill because they did not have appropriate legal advice during the council meeting.
Neither the council or the councillors are able to comment until the case is resolved.
Irish Examiner
www.buckplanning.ie
Thirteen members of South Dublin County Council were told by county management to back down and revoke a controversial rezoning or future case costs will be theirs.
And, in an unprecedented move, management also informed the councillors they will be billed for the costs already accrued.
This is because the councillors defied legal advice offered by the local authority when they granted a lucrative rezoning concession to developer Jim Mansfield.
Today the council is expected to drop its opposition to the court case. Afterwards it will battle over the bill.
Citing section 112 of the 2001 local government act, management believes the local authority does not have to take financial responsibility for a decision it opposed.
Last May the group ignored pleas by county manager Joe Horan and voted to rezone a boutique golf village in Citywest, making it a local shopping centre.
Six weeks later the owner of the nearby district shopping centre on Fortunestown Lane, Place Investments, launched a High Court challenge. It said a similar development on the same road would affect its potential.
In a letter provided to the May council meeting, senior counsel John Traynor warned that Place Investments had a strong case.
“I believe that... it would be highly desirable for elected members to be advised that, without strong compelling reasons... a decision to adopt the variation would be at extreme risk of being quashed,” he said.
Seven councillors voted against the plan, including Tony McDermott of the Green Party, Socialist Mick Murphy and five members of the Labour Party bloc.
Since December 13 affected councillors have been involved in almost daily briefings. In their defence the elected members said their decision to rezone was based on the need to generate employment. They will attempt to avoid responsibility for the bill because they did not have appropriate legal advice during the council meeting.
Neither the council or the councillors are able to comment until the case is resolved.
Irish Examiner
www.buckplanning.ie
Sunday, 11 January 2009
Cosgrave In A Fair Way With New Dun Laoghaire Plans
Cosgrave Developments is planning a €300m development on the former Dun Laoghaire Golf Club land in south Dublin. Last year An Bord Pleanála gave the go-ahead for 856 residential units, an office building, supermarket and shops on the southern part of the 78-acre site and the developer has now sought permission for another 65,000 square metres of development on the northern part.
The new scheme will comprise 605 residential units, most of them apartments in buildings of up to seven storeys. It is also planning five parks with a total land area of over 7.5 acres.
In a separate application, the developer is also seeking permission to develop a bowls club on part of the land. The northern area of the site is 40 acres and the new planning applications encompass only part of it.
Cosgrave took control of the 78-acre golf club after agreeing a land swap with the members that included a €20m fee and the provision of a new 27-hole course at Ballyman Glen on the Dublin-Wicklow border.
The Dun Laoghaire course was rezoned in 2004 after then environment minister Martin Cullen ruled the local authority had failed to rezone enough land for residential use.
Cosgrave Developments is part of the Cosgrave Property Group owned by Joe, Mick, Peter, Willie and Helen Cosgrave. Their assets include the Radisson Hotel in south Dublin and land around Greystones and Bray in Wicklow. They also own high rise offices at George's Quay in Dublin city centre and Westend retail park in Blanchardstown in Dublin 15.
Sunday Tribune
www.buckplanning.ie
The new scheme will comprise 605 residential units, most of them apartments in buildings of up to seven storeys. It is also planning five parks with a total land area of over 7.5 acres.
In a separate application, the developer is also seeking permission to develop a bowls club on part of the land. The northern area of the site is 40 acres and the new planning applications encompass only part of it.
Cosgrave took control of the 78-acre golf club after agreeing a land swap with the members that included a €20m fee and the provision of a new 27-hole course at Ballyman Glen on the Dublin-Wicklow border.
The Dun Laoghaire course was rezoned in 2004 after then environment minister Martin Cullen ruled the local authority had failed to rezone enough land for residential use.
Cosgrave Developments is part of the Cosgrave Property Group owned by Joe, Mick, Peter, Willie and Helen Cosgrave. Their assets include the Radisson Hotel in south Dublin and land around Greystones and Bray in Wicklow. They also own high rise offices at George's Quay in Dublin city centre and Westend retail park in Blanchardstown in Dublin 15.
Sunday Tribune
www.buckplanning.ie
U2 tower could face legal challenge
The architects who won an international competition to design the U2 tower at Dublin's south docks are contemplating legal action against the Dublin Docklands Development Authority (DDDA).
In a response to a Freedom of Information Act request seeking information on the tower, the Department of the Environment said legal proceedings between BCDH, which won the competition, and the DDDA "were either under way or being contemplated".
However, details of BCDH's correspondence to the department cannot be published as, in a highly unusual move, the department deleted the email. The department says that, because the email was deleted, no record exists.
Asked why a record pertaining to a possible legal action was deleted, an assistant principal in the department admitted to the Sunday Tribune that "perhaps that email should have been archived rather than deleted".
The email was deleted after the IT department told the minister's private secretary that his email folder was too large and they needed to archive or delete some emails.
The department's response to the FoI request states that environment minister John Gormley was approached by or on behalf of BCDH on 1 November 2007 after an event in the Ballymascanlan Hotel. An email was later sent to the minister's office from which "it became clear that legal proceedings were either under way or being contemplated". The minister's office then said it would be inappropriate to meet them under those circumstances.
"I've absolutely no comment to make," said Felim Dunne of BCDH when contacted late last week.
The DDDA has refused to release certain records relating to the tower under FoI, particularly those surrounding its decision to seek tenders to develop the site. The Sunday Tribune was at first told that details of when the DDDA was informed that U2 was a member of one of the consortia bidding to develop the tower did not exist, but in a later response this was ruled to be "commercially sensitive" and would "prejudice negotiation and deliberation". Details of correspondence with BCDH regarding the use of a different design for the U2 tower were also not released for the same reason; neither were details of how the independent architectural jury panel that reviewed the designs was chosen.
Development land experts say land values in the area have fallen by about 70% since tenders were submitted. The DDDA announced last year that talks between it and the U2, Ballymore and Paddy McKillen consortium dubbed Geranger about developing the site have been suspended for a year.
Sunday Tribune
www.buckplanning.ie
In a response to a Freedom of Information Act request seeking information on the tower, the Department of the Environment said legal proceedings between BCDH, which won the competition, and the DDDA "were either under way or being contemplated".
However, details of BCDH's correspondence to the department cannot be published as, in a highly unusual move, the department deleted the email. The department says that, because the email was deleted, no record exists.
Asked why a record pertaining to a possible legal action was deleted, an assistant principal in the department admitted to the Sunday Tribune that "perhaps that email should have been archived rather than deleted".
The email was deleted after the IT department told the minister's private secretary that his email folder was too large and they needed to archive or delete some emails.
The department's response to the FoI request states that environment minister John Gormley was approached by or on behalf of BCDH on 1 November 2007 after an event in the Ballymascanlan Hotel. An email was later sent to the minister's office from which "it became clear that legal proceedings were either under way or being contemplated". The minister's office then said it would be inappropriate to meet them under those circumstances.
"I've absolutely no comment to make," said Felim Dunne of BCDH when contacted late last week.
The DDDA has refused to release certain records relating to the tower under FoI, particularly those surrounding its decision to seek tenders to develop the site. The Sunday Tribune was at first told that details of when the DDDA was informed that U2 was a member of one of the consortia bidding to develop the tower did not exist, but in a later response this was ruled to be "commercially sensitive" and would "prejudice negotiation and deliberation". Details of correspondence with BCDH regarding the use of a different design for the U2 tower were also not released for the same reason; neither were details of how the independent architectural jury panel that reviewed the designs was chosen.
Development land experts say land values in the area have fallen by about 70% since tenders were submitted. The DDDA announced last year that talks between it and the U2, Ballymore and Paddy McKillen consortium dubbed Geranger about developing the site have been suspended for a year.
Sunday Tribune
www.buckplanning.ie
Metro North gets €50m boost from developers
The prospects of the Metro North plan going ahead received a boost last week after Fingal County Council and Dublin City Council revealed that they have levied almost €50 million on developers.
The special levy was introduced in February 2007 and is charged on all developments built within 1km east and west of the proposed Metro North line from St Stephen's Green in the city centre to Bellinstown in north Dublin.
While both councils will forward the money to the Railway Procurement Agency, they said that if the project is abandoned all charges will be returned to the developers.
Fingal County Council has levied more than €40m so far, while Dublin City Council has raised €9m.
The government has made no specific announcement on whether the Metro North project will go ahead.
Sunday Tribune
www.buckplannng.ie
The special levy was introduced in February 2007 and is charged on all developments built within 1km east and west of the proposed Metro North line from St Stephen's Green in the city centre to Bellinstown in north Dublin.
While both councils will forward the money to the Railway Procurement Agency, they said that if the project is abandoned all charges will be returned to the developers.
Fingal County Council has levied more than €40m so far, while Dublin City Council has raised €9m.
The government has made no specific announcement on whether the Metro North project will go ahead.
Sunday Tribune
www.buckplannng.ie
Delayed runway plans affect 20 more houses
DAA causing 'confusion and irritation' as residents call for details of buyout scheme
Adrienne McDonnell: "None of us want to be bought out"
THE Dublin Airport Authority (DAA) informed 20 people in the St Margaret's area of Co Dublin it would buy their properties near the site of a planned second runway just weeks before it was announced the project was to be delayed by economic cutbacks.
The households were informed by post before Christmas that they were being accepted into a voluntary buyout scheme for which they had previously failed to qualify. It brought to 39 the total number of homes that could be bought by the DAA but, with recent revelations that the runway will be postponed, residents now say they do not now know what will happen.
Airport authorities, who say the project will be delayed for up to six years, say the offer to buy the properties remains on the table.
"You have no idea the amount of confusion and irritation the DAA has caused us," said local resident Sheelagh Morris. "We don't know where we stand, we don't know any details about the buyout."
The DAA refused to reveal any details of the scheme which covers properties in the immediate area of the site proposed for the second runway.
Engineers calculated the amount of noise that would affect local homes from increased air traffic. The properties either fell into a decibel category that warranted inclusion in the buyout programme or that warranted insulation of their homes.
But anger mounted locally when some houses qualified for the purchase scheme and close-by neighbours did not. "There was one house right beside another that wasn't taken into the scheme just because of the way the [reading] line went. It was absolutely ridiculous," said Morris.
A spokeswoman for the DAA admitted the division of the community in this way was a problem. On the back of this, the authority extended the programme to cover all the homes at Kilreesk Lane.
"Some of the residents were understandably angry because the contours divided the neighbours," she said. "The question was asked, 'How can they have that level of noise and not me?'
"It is a highly emotive and sensitive issue and we really do recognise that. You are talking about people's houses and homes here and it's very sensitive. We do appreciate that there are concerns there."
But despite efforts to appease the ongoing tensions, residents remain adamant they are receiving secondhand information and are being kept firmly in the dark.
"The letter that we got [regarding a buyout] still says that this is not a binding agreement. It means diddly squat; they have covered themselves," said Adrienne McDonnell, spokeswoman for the Concerned Residents' Association. "None of us want to be bought out. It's not like this is a housing estate; they are mostly half-acre sites, they are all big houses and a lot of people have family history here."
Sunday Tribune
www.buckplanning.ie
Adrienne McDonnell: "None of us want to be bought out"
THE Dublin Airport Authority (DAA) informed 20 people in the St Margaret's area of Co Dublin it would buy their properties near the site of a planned second runway just weeks before it was announced the project was to be delayed by economic cutbacks.
The households were informed by post before Christmas that they were being accepted into a voluntary buyout scheme for which they had previously failed to qualify. It brought to 39 the total number of homes that could be bought by the DAA but, with recent revelations that the runway will be postponed, residents now say they do not now know what will happen.
Airport authorities, who say the project will be delayed for up to six years, say the offer to buy the properties remains on the table.
"You have no idea the amount of confusion and irritation the DAA has caused us," said local resident Sheelagh Morris. "We don't know where we stand, we don't know any details about the buyout."
The DAA refused to reveal any details of the scheme which covers properties in the immediate area of the site proposed for the second runway.
Engineers calculated the amount of noise that would affect local homes from increased air traffic. The properties either fell into a decibel category that warranted inclusion in the buyout programme or that warranted insulation of their homes.
But anger mounted locally when some houses qualified for the purchase scheme and close-by neighbours did not. "There was one house right beside another that wasn't taken into the scheme just because of the way the [reading] line went. It was absolutely ridiculous," said Morris.
A spokeswoman for the DAA admitted the division of the community in this way was a problem. On the back of this, the authority extended the programme to cover all the homes at Kilreesk Lane.
"Some of the residents were understandably angry because the contours divided the neighbours," she said. "The question was asked, 'How can they have that level of noise and not me?'
"It is a highly emotive and sensitive issue and we really do recognise that. You are talking about people's houses and homes here and it's very sensitive. We do appreciate that there are concerns there."
But despite efforts to appease the ongoing tensions, residents remain adamant they are receiving secondhand information and are being kept firmly in the dark.
"The letter that we got [regarding a buyout] still says that this is not a binding agreement. It means diddly squat; they have covered themselves," said Adrienne McDonnell, spokeswoman for the Concerned Residents' Association. "None of us want to be bought out. It's not like this is a housing estate; they are mostly half-acre sites, they are all big houses and a lot of people have family history here."
Sunday Tribune
www.buckplanning.ie
Friday, 9 January 2009
Company insists €500m gas pipeline to go ahead
DESPITE reports that work on the building of a €500 million gas terminal on the Shannon Estuary has been delayed for at least a year, the company behind the project yesterday insisted it would go ahead.
Planning objections are among the reasons for pushing back the construction date of the Shannon LNG (liquid natural gas) project, near Tarbert, Co Kerry, according to an American trade magazine.
The starting date for the country’s first LNG terminal was to have been early this year, but it will now be 2010 or 2011, the Texas-based Industrial Info Resources reported.
Shannon LNG, a subsidiary of the US Hess corporation, told the Irish Examiner they were committed to the project, but had a policy of not commenting on speculation. The company has said its terminal will secure the future of Ireland’s gas needs and will supply up to 60% of our natural gas requirements.
The deepwater estuary will enable around 125 tankers to bring gas in a liquified form from all over the world to the terminal, to be erected on a Shannon Development-owned industrial landbank.
When plans were first announced, in 2006, the company’s aim was to have the terminal operational by 2012, or 2013. The terminal, including two giant storage towers, is expected to take four years to construct.
While the project has been widely welcomed in the north Kerry area — one of the country’s unemployment black spots — some local concerns about safety and environmental issues have been voiced at a number of An Bord Pleanála planning hearings.
The project was fast-tracked to An Bord Pleanála as strategic infrastructure last year. A court challenge also followed the decision to grant permission in March, but the case was later dismissed.
At the oral hearings, Shannon LNG moved to ease concerns about the safety of the project and the 25km gas pipeline that will connect the terminal with the national gas grid.
An oral hearing, in Listowel, was told a key condition of planning was that the gas must be moved by pipeline, not road, to link up with the national gas network, near Foynes, Co Limerick.
Leon Bowdoin, engineering vice-president of Shannon LNG, said the pipeline was designed to the same standards as Bord Gáis pipelines, He described risks to people as “insignificant”.
He said pipelines were regarded as the safest and most reliable means of onshore, cross-country transport of large quantities of hazard product.
Mr Bowdoin further stated the pipeline had been routed to avoid centres of population, to minimise road and river crossings and to avoid areas liable to landslides.
Upwards of 600 jobs are expected to be provided during construction and 50 permanent positions when the terminal is in operation.
A planning decision on the pipeline is due by February 18.
Irish Examiner
www.buckplanning.ie
Planning objections are among the reasons for pushing back the construction date of the Shannon LNG (liquid natural gas) project, near Tarbert, Co Kerry, according to an American trade magazine.
The starting date for the country’s first LNG terminal was to have been early this year, but it will now be 2010 or 2011, the Texas-based Industrial Info Resources reported.
Shannon LNG, a subsidiary of the US Hess corporation, told the Irish Examiner they were committed to the project, but had a policy of not commenting on speculation. The company has said its terminal will secure the future of Ireland’s gas needs and will supply up to 60% of our natural gas requirements.
The deepwater estuary will enable around 125 tankers to bring gas in a liquified form from all over the world to the terminal, to be erected on a Shannon Development-owned industrial landbank.
When plans were first announced, in 2006, the company’s aim was to have the terminal operational by 2012, or 2013. The terminal, including two giant storage towers, is expected to take four years to construct.
While the project has been widely welcomed in the north Kerry area — one of the country’s unemployment black spots — some local concerns about safety and environmental issues have been voiced at a number of An Bord Pleanála planning hearings.
The project was fast-tracked to An Bord Pleanála as strategic infrastructure last year. A court challenge also followed the decision to grant permission in March, but the case was later dismissed.
At the oral hearings, Shannon LNG moved to ease concerns about the safety of the project and the 25km gas pipeline that will connect the terminal with the national gas grid.
An oral hearing, in Listowel, was told a key condition of planning was that the gas must be moved by pipeline, not road, to link up with the national gas network, near Foynes, Co Limerick.
Leon Bowdoin, engineering vice-president of Shannon LNG, said the pipeline was designed to the same standards as Bord Gáis pipelines, He described risks to people as “insignificant”.
He said pipelines were regarded as the safest and most reliable means of onshore, cross-country transport of large quantities of hazard product.
Mr Bowdoin further stated the pipeline had been routed to avoid centres of population, to minimise road and river crossings and to avoid areas liable to landslides.
Upwards of 600 jobs are expected to be provided during construction and 50 permanent positions when the terminal is in operation.
A planning decision on the pipeline is due by February 18.
Irish Examiner
www.buckplanning.ie
Historic house to be closed over rights of way dispute
LISSADELL HOUSE, the childhood home of 1916 leader Countess Markievicz, will be closed to the public from next Monday amid an ongoing row about public rights of way through the estate.
Barristers Edward Walsh and Constance Cassidy, who bought the historic Co Sligo estate in 2003, said yesterday the decision had been forced on them by the actions of Sligo County Council.
Last month the council unanimously passed a motion that the county development plan be amended to make provision for the preservation of public rights of way through the estate.
Eleven of the 24 Lissadell staff have been let go. The family said yesterday all existing commitments would be met and necessary ongoing maintenance would be undertaken but no further projects would be embarked on.
“For this year, we will work towards achieving a limited summer opening in order to facilitate the commitments already made,” they said.
While the issue of public rights of way through the estate has been described as a “festering sore” by local Fine Gael councillor Joe Leonard, who proposed the motion last month, the family has persistently refuted that any such rights exist.
When the estate was sold by the Gore Booth family in 2003, there was some criticism of the Government for its failure to purchase it for the State.
In a statement yesterday, the owners said they purchased Lissadell as private property and that at the time the vendor, Sir Josslyn Gore Booth, had given a sworn declaration confirming that no public rights of way existed over the property. Sligo County Council had also stated the roads through the estate were not in the charge of the council, they said.
Mr Leonard said local families had enjoyed a right of way through the estate for generations.
A strongly worded statement from Mr Walsh and Ms Cassidy said Sligo County Council had made it impossible to operate Lissadell either as a historic house or as a private home “for reasons of public health and safety, insurance and, not least, the simple matter of security both for our family and the thousands of visitors to Lissadell, a large proportion of whom are children and the elderly”.
They added: “No property whatsoever, let alone a large tourist facility, could be operated on the basis of unregulated, uncontrolled and unfettered access.”
A spokesman for Sligo County Council declined to comment.
The couple said they had received no public funding to help with the restoration project but had increased visitor numbers from 4,000 a year to over 40,000.
They said the house and grounds were almost derelict when they bought it but five years on, having “poured enormous amounts of time, effort, energy and money” into the project, they had made Lissadell a focal point of tourism in the northwest.
The owners said it was simply not viable to continue to invest further significant sums “where Sligo County Council has seen fit to embark upon such a serious challenge, creating fundamental uncertainty about the future of Lissadell”.
In 2006 the couple declined a €1.1 million State grant towards the restoration of the gardens, saying there were so many conditions attached that it was “rendered impractical”.
Irish Times
www.buckplanning.ie
Barristers Edward Walsh and Constance Cassidy, who bought the historic Co Sligo estate in 2003, said yesterday the decision had been forced on them by the actions of Sligo County Council.
Last month the council unanimously passed a motion that the county development plan be amended to make provision for the preservation of public rights of way through the estate.
Eleven of the 24 Lissadell staff have been let go. The family said yesterday all existing commitments would be met and necessary ongoing maintenance would be undertaken but no further projects would be embarked on.
“For this year, we will work towards achieving a limited summer opening in order to facilitate the commitments already made,” they said.
While the issue of public rights of way through the estate has been described as a “festering sore” by local Fine Gael councillor Joe Leonard, who proposed the motion last month, the family has persistently refuted that any such rights exist.
When the estate was sold by the Gore Booth family in 2003, there was some criticism of the Government for its failure to purchase it for the State.
In a statement yesterday, the owners said they purchased Lissadell as private property and that at the time the vendor, Sir Josslyn Gore Booth, had given a sworn declaration confirming that no public rights of way existed over the property. Sligo County Council had also stated the roads through the estate were not in the charge of the council, they said.
Mr Leonard said local families had enjoyed a right of way through the estate for generations.
A strongly worded statement from Mr Walsh and Ms Cassidy said Sligo County Council had made it impossible to operate Lissadell either as a historic house or as a private home “for reasons of public health and safety, insurance and, not least, the simple matter of security both for our family and the thousands of visitors to Lissadell, a large proportion of whom are children and the elderly”.
They added: “No property whatsoever, let alone a large tourist facility, could be operated on the basis of unregulated, uncontrolled and unfettered access.”
A spokesman for Sligo County Council declined to comment.
The couple said they had received no public funding to help with the restoration project but had increased visitor numbers from 4,000 a year to over 40,000.
They said the house and grounds were almost derelict when they bought it but five years on, having “poured enormous amounts of time, effort, energy and money” into the project, they had made Lissadell a focal point of tourism in the northwest.
The owners said it was simply not viable to continue to invest further significant sums “where Sligo County Council has seen fit to embark upon such a serious challenge, creating fundamental uncertainty about the future of Lissadell”.
In 2006 the couple declined a €1.1 million State grant towards the restoration of the gardens, saying there were so many conditions attached that it was “rendered impractical”.
Irish Times
www.buckplanning.ie
Thursday, 8 January 2009
Route options for motorway
Route Option One (€3.95bn at 2015 prices): 2.5km viaduct, nine metres above the ground, across Dublin Port, tunnel under Dublin Bay, viaduct across Sandymount strand with a tunnel under Booterstown and tunnel from the N11 to Sandyford interchange.
Route Option Two (€4.2bn): High viaduct across the Port, with a tunnel under bay, across Sandymount Strand, under Booterstown and from the N11 to Sandyford.
Route Option Three (€4.35bn): Cut and cover tunnel across the Port. Tunnel under bay, across Sandymount Strand and under Booterstown and a part tunnel from the N11 to Sandyford.
THE TIMESCALE:
2008-2011: Statutory procedures, including planning and design stage.
2012: Land purchases.
2013: Contract awarded.
2018: Eastern bypass opens.
Paul Melia
Irish Independent
www.buckplanning.ie
Route Option Two (€4.2bn): High viaduct across the Port, with a tunnel under bay, across Sandymount Strand, under Booterstown and from the N11 to Sandyford.
Route Option Three (€4.35bn): Cut and cover tunnel across the Port. Tunnel under bay, across Sandymount Strand and under Booterstown and a part tunnel from the N11 to Sandyford.
THE TIMESCALE:
2008-2011: Statutory procedures, including planning and design stage.
2012: Land purchases.
2013: Contract awarded.
2018: Eastern bypass opens.
Paul Melia
Irish Independent
www.buckplanning.ie
Council allows developer retain €83m building
DEVELOPER Liam Carroll has been granted permission to retain a controversial eight-storey office block development on Dublin's north quays.
The €83m building will be allowed remain standing despite the High Court ruling late last year that it should not have been constructed because the Dublin Docklands Development Authority (DDDA) had accepted land from the developer as part of a confidential deal which allowed the building's go-ahead.
But yesterday Dublin City Council granted retention permission to Mr Carroll -- subject to 20 conditions -- which means that the office block intended as the new HQ for Anglo Irish Bank will be allowed remain in place.
The building was developed by Liam Carroll's company, North Quay Investments Ltd, as part of a larger €200m development on the former Brooks Thomas site at North Wall Quay.
In return for the permission, the developer will have to pay almost €1.8m towards the cost of constructing Metro North, another €3.5m to the council towards the cost of providing roads, sewerage and other utilities and allow the public have access to the ground-floor restaurant.
Challenge
Construction of the building was the subject of a successful legal challenge from rival developer Sean Dunne who claimed the DDDA should not have certified the office block as being exempt from planning permission in July 2007 under a device called a Section 25.
The effect of a section 25 approval is to exempt a development from the normal planning process, under which a planning application would be made to a local authority and then be open to public objections and possibly appeals to An Bord Pleanála.
Paul Melia
Irish Independent
www.buckplanning.ie
The €83m building will be allowed remain standing despite the High Court ruling late last year that it should not have been constructed because the Dublin Docklands Development Authority (DDDA) had accepted land from the developer as part of a confidential deal which allowed the building's go-ahead.
But yesterday Dublin City Council granted retention permission to Mr Carroll -- subject to 20 conditions -- which means that the office block intended as the new HQ for Anglo Irish Bank will be allowed remain in place.
The building was developed by Liam Carroll's company, North Quay Investments Ltd, as part of a larger €200m development on the former Brooks Thomas site at North Wall Quay.
In return for the permission, the developer will have to pay almost €1.8m towards the cost of constructing Metro North, another €3.5m to the council towards the cost of providing roads, sewerage and other utilities and allow the public have access to the ground-floor restaurant.
Challenge
Construction of the building was the subject of a successful legal challenge from rival developer Sean Dunne who claimed the DDDA should not have certified the office block as being exempt from planning permission in July 2007 under a device called a Section 25.
The effect of a section 25 approval is to exempt a development from the normal planning process, under which a planning application would be made to a local authority and then be open to public objections and possibly appeals to An Bord Pleanála.
Paul Melia
Irish Independent
www.buckplanning.ie
Wednesday, 7 January 2009
Full steam ahead for Navan rail link despite downturn
IARNROD Eireann is to press ahead with plans for a €580m rail link from Navan to Dublin despite the economic downturn.
Yesterday it revealed the route of the 34km line which will link the capital with Navan by 2015, assuming the project goes ahead.
The track will run along the old alignment of Consilla to Navan line which closed in 1963 -- apart from two options to serve the town of Dunshauglin.
Iarnrod Eireann proposes either building a station on the old alignment, about 1.8km from the town, which would allow a park-and-ride site to be built, or, alternatively, a station 800 metres from the town.
The costs of building the station closer to the town centre would be higher because of land prices.
The first phase of the project involves reopening 7.5km of railway line running off the Maynooth line, at Clonsilla, to the M3 interchange at Pace, north of Dunboyne.
The project is expected to be completed next year.
The proposed scheme, or phase two, consists of extension of the Clonsilla to Pace project with the building of 34km of double track.
Four stations are proposed as part of the project at Dunshaughlin, Kilmessan, Navan Town Centre and a terminus station at the north edge of Navan.
Irish Independent
www.buckplanning.ie
Yesterday it revealed the route of the 34km line which will link the capital with Navan by 2015, assuming the project goes ahead.
The track will run along the old alignment of Consilla to Navan line which closed in 1963 -- apart from two options to serve the town of Dunshauglin.
Iarnrod Eireann proposes either building a station on the old alignment, about 1.8km from the town, which would allow a park-and-ride site to be built, or, alternatively, a station 800 metres from the town.
The costs of building the station closer to the town centre would be higher because of land prices.
The first phase of the project involves reopening 7.5km of railway line running off the Maynooth line, at Clonsilla, to the M3 interchange at Pace, north of Dunboyne.
The project is expected to be completed next year.
The proposed scheme, or phase two, consists of extension of the Clonsilla to Pace project with the building of 34km of double track.
Four stations are proposed as part of the project at Dunshaughlin, Kilmessan, Navan Town Centre and a terminus station at the north edge of Navan.
Irish Independent
www.buckplanning.ie
City sees ‘destruction’ boom
WHILE the building industry stagnates with billions of euro worth of new homes lying unsold, house demolition has brought a small “destruction” boom to Limerick.
Up to 100 houses were flattened in run-down council estates during 2008 as part of the huge regeneration programme for Southill, Ballinacurra Weston, Moyross and St Mary’s Park. A further 140 are set to be demolished this year.
And the council estimates it costs in the region of €20,000 to knock a house and remove the rubble left on site.
While it is planned to build almost 4,800 houses as part of the regeneration, about 2,500 houses will be knocked.
The total demolition bill will come to a massive €50 million.
The chairman of Limerick City Council’s housing committee, Cllr Jim Long (FG) wants to reduce the cost of the demolition programme by salvaging fittings from houses before the wrecking ball strikes. He reckons salvaging interior fittings could save €3,000 per house.
Mr Long said: “What brought this to bear was watching the images on television of houses being torn down. I just thought ‘what a terrible waste’ and looked at what they had done in other regenerated housing estates in Scotland.”
He said some houses scheduled to be knocked were only 10 years old.
Mr Long said kitchen fittings, doors, roofs, radiators and light fittings could be salvaged and the money raised from the sale of these items reinvested in the new estates when they are built.
Irish Examiner
www.buckplanning.ie
Up to 100 houses were flattened in run-down council estates during 2008 as part of the huge regeneration programme for Southill, Ballinacurra Weston, Moyross and St Mary’s Park. A further 140 are set to be demolished this year.
And the council estimates it costs in the region of €20,000 to knock a house and remove the rubble left on site.
While it is planned to build almost 4,800 houses as part of the regeneration, about 2,500 houses will be knocked.
The total demolition bill will come to a massive €50 million.
The chairman of Limerick City Council’s housing committee, Cllr Jim Long (FG) wants to reduce the cost of the demolition programme by salvaging fittings from houses before the wrecking ball strikes. He reckons salvaging interior fittings could save €3,000 per house.
Mr Long said: “What brought this to bear was watching the images on television of houses being torn down. I just thought ‘what a terrible waste’ and looked at what they had done in other regenerated housing estates in Scotland.”
He said some houses scheduled to be knocked were only 10 years old.
Mr Long said kitchen fittings, doors, roofs, radiators and light fittings could be salvaged and the money raised from the sale of these items reinvested in the new estates when they are built.
Irish Examiner
www.buckplanning.ie
The Irish Economy’s Rise Was Steep, and the Fall Was Fast
IT’S 3 a.m. at Doheny & Nesbitt, a favorite watering hole of Dublin’s political and business elite, and the property tycoon Sean Dunne stoops to retrieve a penny from the pub’s grimy floor.
One would think that Mr. Dunne, Ireland’s best-known building developer, would be in bed at this hour. It’s a weeknight, after all, and he has meetings that begin before first light.
What’s more, the Irish economy, pummeled by the most severe housing bust in Europe, has collapsed. And the gossip around town is that Mr. Dunne, whose brazen deal-making and Donald Trump-like lifestyle epitomized the country’s euphoric boom, might be going bankrupt.
But, no matter, a penny is a penny.
“I am never, never too proud to pick a penny up from the floor,” Mr. Dunne said. He is on perhaps his fifth pint of Guinness, capping a rollicking night of Champagne cocktails, followed by a wine-soaked dinner — yet his thick brogue is clear of even the faintest slurring.
“I grew up with nothing and I know the value of money,” he adds. “The Celtic Tiger may be dead and if the banking crisis continues I could be considered insolvent. But the one thing that I have is my wife and children — that they can’t take away from me.”
It is not known whether Mr. Dunne will fall victim to today’s world financial catastrophe, but there is no doubt that his country has.
Everything, it seems, has grown worse here. The recession started earlier and its bite has been deeper. Housing prices have fallen by as much as 50 percent. Bank shares have plummeted by more than 90 percent. Unemployment is approaching 10 percent.
The roots of Ireland’s fall date to more than 20 years ago, when a clutch of economists, politicians and civil servants put their heads together in this very pub and planted the philosophical seeds for the Irish economic miracle.
Known widely as the “Doheny & Nesbitt School of Economics,” these beery musings soon became government policy that chopped taxes in half, sharply reduced import duties and embraced foreign investment — a radical transformation that gave birth to the Celtic Tiger and perhaps the most open and vibrant economy in Europe.
But beyond the glow of this sudden efflorescence that made Ireland the fourth most-affluent country in the Organization for Economic Cooperation and Development, a housing bubble had begun to form. Low interest rates, a wave of inward immigration and a bank lending spree drove housing’s share of the economy to 14 percent, the highest in Europe, from 5 percent, according to research done by Finfacts, a financial Web site that analyzes the Irish economy.
Developers like Mr. Dunne became multimillionaires and — much like the hedge fund and private-equity elite in America — became visible public and cultural figures. They were living large in a country just coming to grips with its ability to show a little swagger.
Ireland’s policy makers, like their counterparts in the United States and Britain, were seduced by record tax inflows and a full-employment economy. They paid little heed to the lonely voices that warned of the crash that finally came over the summer, when interest rates in Europe began to rise. Banks that had steered more than 60 percent of their loans toward property stopped lending, and asset values plummeted.
“We have repeatedly warned that the government’s housing policy was extremely dangerous,” said John Fitz Gerald, an economist at the Economic and Social Research Institute, a leading policy center in Dublin, who has long urged that the government stanch housing demand by raising taxes. “You will now see unemployment going to 10 percent and we will experience a sharp drop in output.”
He shakes his head and sighs: “This was predictable, but the government just did not deal with it.”
BY wide consensus here, two events have come to define — both culturally and financially — the sweep and excess of the Irish property boom. Both revolve around Sean Dunne.
In July 2005, Mr. Dunne paid 379 million euros for a seven-acre plot in the exclusive Ballsbridge neighborhood of Dublin and promptly announced that he would tear down the two luxury hotels on the site to build a high-end commercial and residential development.
That deal amounted to 54 million euros an acre, one of the highest amounts ever paid for land in Europe. His subsequent architectural plan featured a soaring Dubai-like office tower cut in the shape of a diamond that anchored a futuristic community of expensive houses and glamorous shops, and the price tag of one billion euros shocked Dubliners with its gall and ambition.
Hobbled by delays and vocal neighborhood opposition, the project sits before a local planning board that on Jan. 30 will either approve or scrap the plan.
The second moment occurred in 2004 when Mr. Dunne, who is now 54, celebrated his second marriage, to Gayle Killilea, a former gossip columnist 20 years his junior, by inviting 44 of his friends on a two-week Mediterranean wedding cruise on the yacht Christina O, on which Aristotle Onassis and Jacqueline Kennedy married.
Much as the $3 million birthday party for Stephen A. Schwarzman, the Blackstone Group founder, came to be seen as a crass display of private equity’s manifold riches, the Dunne wedding was viewed similarly in Ireland: as a conspicuous and garish expression of the man and his business.
That a billion euro property plan and a gaudy wedding celebration should be held up as cautionary exemplars of Ireland’s pursuit of money angers Mr. Dunne. In his view, it speaks to what some call the Irish disease.
“Jealousy and begrudgery are still alive and well in Ireland, and whoever eradicates them should be prime minister for life,” he says as he tucks into a heaping plate of gravy-drenched turkey and mashed potatoes in the restaurant of one of the two hotels he owns — and is hoping to raze. “It’s part of the Irish psyche and it is the result of 800 years of being controlled by other people, of watching everything the master or landlord is doing.”
Mr. Dunne’s compact paunch, reddish cheeks and mischievous grin — which he occasionally deploys with a wink of his eye — can give him the air of a department store Santa. But his business methods are far from jolly: he is notorious for taking legal action against all who cross him, from local newspapers to rival property developers.
He defends his purchase of the Ballsbridge site as responsible, not reckless, as his critics have deemed it. He points out, too, that his winning bid was just slightly more than the second-highest offer and that subsequent property sales had far exceeded his submission of 54 million euros an acre.
Still, he recognizes that times have changed. Just recently, he pruned staff at his development company, and some of his senior executives agreed to take 50 percent pay cuts.
Asked where he will find the 600 million euros that he needs to tear down the two hotels, dig a massive hole in the ground and erect his vision of a new Dublin, he ruefully remarks: “It is fair to say that there is not a queue of bankers lining up to lend to me right now.”
But he says the project will be completed, assuming that it wins approval of the planning board. “If anyone wants to bet I can’t do this, I will take that bet,” he says, citing, without specifics, talks with Asian banks and a sovereign wealth fund. “You have to have steel in a certain part of your body to do this job, and as one of my bankers recently said to me, ‘Sean, the only thing that will take you out is a stray bullet.’ ”
IN many ways, the ups and downs of Mr. Dunne’s life and career mirror the Irish economy’s own rise and fall. Born into a house without electricity or running water in the small provincial town of Tullow, outside Dublin, Mr. Dunne studied construction economics at a technical college in the 1970s.
Along with many of his countrymen, he forsook the stagnant Irish economy — in his case, choosing bartending in New York City and working on an oil rig in Canada.
With the Irish economy still afflicted by an unemployment rate of about 20 percent in the 1980s, and a punitive overall tax rate, he began his real estate career in London. He moved back to Ireland in 1990 and began a string of property deals.
He initially focused on government-sponsored housing projects. But as the Irish economy began its true take-off, demand came from the growing corps of newly wealthy Irish, many of whom were returning to Ireland from abroad. They were joined by a wave of foreign workers.
After years of emigration and economic stagnation, Ireland’s housing stock was depleted, precipitating a housing euphoria. Capital gains taxes were low, as were interest rates. Banks stood ready to lend, offering mortgages with no money down to a house-hungry population.
The projects of Mr. Dunne and a small circle of developers grew in size and scope until the skyline of Dublin, never known for its tall buildings, began to fill with cranes and great shiny towers.
Signs of a bubble were everywhere: a family home in Dublin cost as much as a similar abode in Beverly Hills; house prices more than doubled over a 10-year period; and household debt as a percentage of G.D.P. jumped to 160 percent from 60 percent during the same period.
Irish banks, unlike those in the United States, didn’t dole out that many subprime loans. Rather, they lent furiously to big property developers who themselves were liberated to build pell-mell by government-imposed tax breaks.
Mr. Dunne, who says he put 35 percent cash down — or about 125 million euros — for the Ballsbridge project, says that even with the drop in asset values, he still has hope that the project can be completed.
“This is the way God made me, with heavy shoulders and an ability to carry a great load,” he says, forcefully rejecting the rumors of his financial demise buzzing around Dublin. (One of the more fantastic claims was that his financial troubles had forced him to take a month’s recuperation in a mental institution.)
“Failure is not an option for me,” he says. But others aren’t so sure.
The Irish government recently announced a $7.5 billion bank bailout and took majority stakes in the country’s largest banks, a move that followed the government’s earlier promise to guarantee all bank deposits.
Analysts are uncertain that the government will allow the banks to continue to support the type of high-risk, high-reward projects that have become the bane of their financial existence.
“The banks in Ireland did not lend recklessly to individuals; they lent recklessly to developers,” says Ronan Lyons, an economist at Daft, Ireland’s largest property Web site. As for the Ballsbridge project, he may well take Mr. Dunne’s bet.
“I would be surprised if it gets built,” Mr. Lyons says. “The migrants are going home, there is a surplus of properties for sale, and even though this is a landmark project there is just not an appetite for large projects now.”
WHILE the pain is acute in Dublin, at least the city has the small comfort of having enjoyed the full benefit of the boom.
Such is not the case in the city of Limerick. Traditionally one of Ireland’s more depressed cities, Limerick was a latecomer to the property party. While there were some good times, the downturn has had a more wrenching effect there, with unemployment over 14 percent — among the highest rates in Ireland.
The layoffs have picked up speed around Limerick in the last month, as construction companies have stopped work, seemingly on a dime, sending such a procession of jobless to seek assistance that the local unemployment office became the second busiest in the country.
The waiting room in the office is dank and gloomy, and Dale McNamara, 20, wonders how a professional life once so charmed came to be so hopeless. Since graduating from high school as an electrician, flourishing building work in the area kept him more than busy and flush enough to buy a new car, start a family and consider buying a house.
Then, without warning on Dec. 5, he was told that it would be his last day of work, just six months before he would have received his certificate as an independent electrician.
Since then, he has been frantically knocking on doors, but to no avail. Now, as rent, heating bills and car payments pile up, he is beginning to feel desperate, unable to afford a night out or a Christmas present for his 20-month-old baby.
“If I don’t get a job in the next two weeks, I am worried about losing my house,” he says. “We have no money.”
He looks at his number in the unemployment lines and grimaces — he has been waiting four hours now and his name has still not been called.
“My grandfather says this reminds him of the 1930s when everyone left for America and Australia,” he adds. “There is just no work here.”
More dire, however, is the condition of the permanently unemployed in Limerick’s festering ghettoes, where experts say the unemployment rate touches 70 percent. During the early years of the economic revival, the government did its best to spread money to such areas, which are a feature of urban life all over Ireland.
IN fact, it was through social housing projects like these that Mr. Dunne got his start as a developer. But as the investment returns in the private sector became quite obviously more lucrative, the attention paid to so-called social estates like Moyross, on the northern outskirts of Limerick, wavered.
Crime, gangland disputes and a sense of anomie flourished as Moyross and other similar projects evolved as cocoons of poverty and hopelessness amid the riches and celebration of the Irish miracle.
“This place missed out entirely on the moment,” says Stephen Kinsella, an economist at the University of Limerick. “There has been no accumulation of wealth here.”
Walking through the garbage-strewn, empty roads on a cold, misty afternoon, Mr. Kinsella points to the shuttered houses and the mothers still dressed in pajamas taking their children home from school. Social workers in Moyross refer to the “pajama index”: the more men and women one sees who do not take the time and care to dress for the day, the worse the economic situation tends to be.
The Irish government has recently begun a regeneration project in Moyross that would result in large new investments in housing and infrastructure, but the going so far has been slow.
For Brother Shawn O’Connor, a Franciscan monk who has been living and working with the poor in Moyross for more than a year now, the vicissitudes of the Irish property market are a notion as distant as is his hometown, Red Hook, a village in the Hudson Valley of New York.
Brother O’Connor is the local superior of the community of Franciscan Friars, who do their work in some of the world’s most destitute communities. He and his fellow monks extend day-care assistance and spiritual counseling to the needy. They survive themselves on four hours of daily prayer and food handouts from neighbors — as Franciscans, they take a vow of chastity, poverty and obedience and thus do not spend money on any personal items, including food.
He recognizes that the deprivation of his community is severe, but suggests that it may be an easier hardship than the experiences of many Irish who have seen their riches disappear.
“There was this one story of a guy who shot his wife, son and daughter,” he says. “He had overextended himself. There is this desperation for wealth and people go after it — only to find out that it is not enough.”
New York Times
www.buckplanning.ie
One would think that Mr. Dunne, Ireland’s best-known building developer, would be in bed at this hour. It’s a weeknight, after all, and he has meetings that begin before first light.
What’s more, the Irish economy, pummeled by the most severe housing bust in Europe, has collapsed. And the gossip around town is that Mr. Dunne, whose brazen deal-making and Donald Trump-like lifestyle epitomized the country’s euphoric boom, might be going bankrupt.
But, no matter, a penny is a penny.
“I am never, never too proud to pick a penny up from the floor,” Mr. Dunne said. He is on perhaps his fifth pint of Guinness, capping a rollicking night of Champagne cocktails, followed by a wine-soaked dinner — yet his thick brogue is clear of even the faintest slurring.
“I grew up with nothing and I know the value of money,” he adds. “The Celtic Tiger may be dead and if the banking crisis continues I could be considered insolvent. But the one thing that I have is my wife and children — that they can’t take away from me.”
It is not known whether Mr. Dunne will fall victim to today’s world financial catastrophe, but there is no doubt that his country has.
Everything, it seems, has grown worse here. The recession started earlier and its bite has been deeper. Housing prices have fallen by as much as 50 percent. Bank shares have plummeted by more than 90 percent. Unemployment is approaching 10 percent.
The roots of Ireland’s fall date to more than 20 years ago, when a clutch of economists, politicians and civil servants put their heads together in this very pub and planted the philosophical seeds for the Irish economic miracle.
Known widely as the “Doheny & Nesbitt School of Economics,” these beery musings soon became government policy that chopped taxes in half, sharply reduced import duties and embraced foreign investment — a radical transformation that gave birth to the Celtic Tiger and perhaps the most open and vibrant economy in Europe.
But beyond the glow of this sudden efflorescence that made Ireland the fourth most-affluent country in the Organization for Economic Cooperation and Development, a housing bubble had begun to form. Low interest rates, a wave of inward immigration and a bank lending spree drove housing’s share of the economy to 14 percent, the highest in Europe, from 5 percent, according to research done by Finfacts, a financial Web site that analyzes the Irish economy.
Developers like Mr. Dunne became multimillionaires and — much like the hedge fund and private-equity elite in America — became visible public and cultural figures. They were living large in a country just coming to grips with its ability to show a little swagger.
Ireland’s policy makers, like their counterparts in the United States and Britain, were seduced by record tax inflows and a full-employment economy. They paid little heed to the lonely voices that warned of the crash that finally came over the summer, when interest rates in Europe began to rise. Banks that had steered more than 60 percent of their loans toward property stopped lending, and asset values plummeted.
“We have repeatedly warned that the government’s housing policy was extremely dangerous,” said John Fitz Gerald, an economist at the Economic and Social Research Institute, a leading policy center in Dublin, who has long urged that the government stanch housing demand by raising taxes. “You will now see unemployment going to 10 percent and we will experience a sharp drop in output.”
He shakes his head and sighs: “This was predictable, but the government just did not deal with it.”
BY wide consensus here, two events have come to define — both culturally and financially — the sweep and excess of the Irish property boom. Both revolve around Sean Dunne.
In July 2005, Mr. Dunne paid 379 million euros for a seven-acre plot in the exclusive Ballsbridge neighborhood of Dublin and promptly announced that he would tear down the two luxury hotels on the site to build a high-end commercial and residential development.
That deal amounted to 54 million euros an acre, one of the highest amounts ever paid for land in Europe. His subsequent architectural plan featured a soaring Dubai-like office tower cut in the shape of a diamond that anchored a futuristic community of expensive houses and glamorous shops, and the price tag of one billion euros shocked Dubliners with its gall and ambition.
Hobbled by delays and vocal neighborhood opposition, the project sits before a local planning board that on Jan. 30 will either approve or scrap the plan.
The second moment occurred in 2004 when Mr. Dunne, who is now 54, celebrated his second marriage, to Gayle Killilea, a former gossip columnist 20 years his junior, by inviting 44 of his friends on a two-week Mediterranean wedding cruise on the yacht Christina O, on which Aristotle Onassis and Jacqueline Kennedy married.
Much as the $3 million birthday party for Stephen A. Schwarzman, the Blackstone Group founder, came to be seen as a crass display of private equity’s manifold riches, the Dunne wedding was viewed similarly in Ireland: as a conspicuous and garish expression of the man and his business.
That a billion euro property plan and a gaudy wedding celebration should be held up as cautionary exemplars of Ireland’s pursuit of money angers Mr. Dunne. In his view, it speaks to what some call the Irish disease.
“Jealousy and begrudgery are still alive and well in Ireland, and whoever eradicates them should be prime minister for life,” he says as he tucks into a heaping plate of gravy-drenched turkey and mashed potatoes in the restaurant of one of the two hotels he owns — and is hoping to raze. “It’s part of the Irish psyche and it is the result of 800 years of being controlled by other people, of watching everything the master or landlord is doing.”
Mr. Dunne’s compact paunch, reddish cheeks and mischievous grin — which he occasionally deploys with a wink of his eye — can give him the air of a department store Santa. But his business methods are far from jolly: he is notorious for taking legal action against all who cross him, from local newspapers to rival property developers.
He defends his purchase of the Ballsbridge site as responsible, not reckless, as his critics have deemed it. He points out, too, that his winning bid was just slightly more than the second-highest offer and that subsequent property sales had far exceeded his submission of 54 million euros an acre.
Still, he recognizes that times have changed. Just recently, he pruned staff at his development company, and some of his senior executives agreed to take 50 percent pay cuts.
Asked where he will find the 600 million euros that he needs to tear down the two hotels, dig a massive hole in the ground and erect his vision of a new Dublin, he ruefully remarks: “It is fair to say that there is not a queue of bankers lining up to lend to me right now.”
But he says the project will be completed, assuming that it wins approval of the planning board. “If anyone wants to bet I can’t do this, I will take that bet,” he says, citing, without specifics, talks with Asian banks and a sovereign wealth fund. “You have to have steel in a certain part of your body to do this job, and as one of my bankers recently said to me, ‘Sean, the only thing that will take you out is a stray bullet.’ ”
IN many ways, the ups and downs of Mr. Dunne’s life and career mirror the Irish economy’s own rise and fall. Born into a house without electricity or running water in the small provincial town of Tullow, outside Dublin, Mr. Dunne studied construction economics at a technical college in the 1970s.
Along with many of his countrymen, he forsook the stagnant Irish economy — in his case, choosing bartending in New York City and working on an oil rig in Canada.
With the Irish economy still afflicted by an unemployment rate of about 20 percent in the 1980s, and a punitive overall tax rate, he began his real estate career in London. He moved back to Ireland in 1990 and began a string of property deals.
He initially focused on government-sponsored housing projects. But as the Irish economy began its true take-off, demand came from the growing corps of newly wealthy Irish, many of whom were returning to Ireland from abroad. They were joined by a wave of foreign workers.
After years of emigration and economic stagnation, Ireland’s housing stock was depleted, precipitating a housing euphoria. Capital gains taxes were low, as were interest rates. Banks stood ready to lend, offering mortgages with no money down to a house-hungry population.
The projects of Mr. Dunne and a small circle of developers grew in size and scope until the skyline of Dublin, never known for its tall buildings, began to fill with cranes and great shiny towers.
Signs of a bubble were everywhere: a family home in Dublin cost as much as a similar abode in Beverly Hills; house prices more than doubled over a 10-year period; and household debt as a percentage of G.D.P. jumped to 160 percent from 60 percent during the same period.
Irish banks, unlike those in the United States, didn’t dole out that many subprime loans. Rather, they lent furiously to big property developers who themselves were liberated to build pell-mell by government-imposed tax breaks.
Mr. Dunne, who says he put 35 percent cash down — or about 125 million euros — for the Ballsbridge project, says that even with the drop in asset values, he still has hope that the project can be completed.
“This is the way God made me, with heavy shoulders and an ability to carry a great load,” he says, forcefully rejecting the rumors of his financial demise buzzing around Dublin. (One of the more fantastic claims was that his financial troubles had forced him to take a month’s recuperation in a mental institution.)
“Failure is not an option for me,” he says. But others aren’t so sure.
The Irish government recently announced a $7.5 billion bank bailout and took majority stakes in the country’s largest banks, a move that followed the government’s earlier promise to guarantee all bank deposits.
Analysts are uncertain that the government will allow the banks to continue to support the type of high-risk, high-reward projects that have become the bane of their financial existence.
“The banks in Ireland did not lend recklessly to individuals; they lent recklessly to developers,” says Ronan Lyons, an economist at Daft, Ireland’s largest property Web site. As for the Ballsbridge project, he may well take Mr. Dunne’s bet.
“I would be surprised if it gets built,” Mr. Lyons says. “The migrants are going home, there is a surplus of properties for sale, and even though this is a landmark project there is just not an appetite for large projects now.”
WHILE the pain is acute in Dublin, at least the city has the small comfort of having enjoyed the full benefit of the boom.
Such is not the case in the city of Limerick. Traditionally one of Ireland’s more depressed cities, Limerick was a latecomer to the property party. While there were some good times, the downturn has had a more wrenching effect there, with unemployment over 14 percent — among the highest rates in Ireland.
The layoffs have picked up speed around Limerick in the last month, as construction companies have stopped work, seemingly on a dime, sending such a procession of jobless to seek assistance that the local unemployment office became the second busiest in the country.
The waiting room in the office is dank and gloomy, and Dale McNamara, 20, wonders how a professional life once so charmed came to be so hopeless. Since graduating from high school as an electrician, flourishing building work in the area kept him more than busy and flush enough to buy a new car, start a family and consider buying a house.
Then, without warning on Dec. 5, he was told that it would be his last day of work, just six months before he would have received his certificate as an independent electrician.
Since then, he has been frantically knocking on doors, but to no avail. Now, as rent, heating bills and car payments pile up, he is beginning to feel desperate, unable to afford a night out or a Christmas present for his 20-month-old baby.
“If I don’t get a job in the next two weeks, I am worried about losing my house,” he says. “We have no money.”
He looks at his number in the unemployment lines and grimaces — he has been waiting four hours now and his name has still not been called.
“My grandfather says this reminds him of the 1930s when everyone left for America and Australia,” he adds. “There is just no work here.”
More dire, however, is the condition of the permanently unemployed in Limerick’s festering ghettoes, where experts say the unemployment rate touches 70 percent. During the early years of the economic revival, the government did its best to spread money to such areas, which are a feature of urban life all over Ireland.
IN fact, it was through social housing projects like these that Mr. Dunne got his start as a developer. But as the investment returns in the private sector became quite obviously more lucrative, the attention paid to so-called social estates like Moyross, on the northern outskirts of Limerick, wavered.
Crime, gangland disputes and a sense of anomie flourished as Moyross and other similar projects evolved as cocoons of poverty and hopelessness amid the riches and celebration of the Irish miracle.
“This place missed out entirely on the moment,” says Stephen Kinsella, an economist at the University of Limerick. “There has been no accumulation of wealth here.”
Walking through the garbage-strewn, empty roads on a cold, misty afternoon, Mr. Kinsella points to the shuttered houses and the mothers still dressed in pajamas taking their children home from school. Social workers in Moyross refer to the “pajama index”: the more men and women one sees who do not take the time and care to dress for the day, the worse the economic situation tends to be.
The Irish government has recently begun a regeneration project in Moyross that would result in large new investments in housing and infrastructure, but the going so far has been slow.
For Brother Shawn O’Connor, a Franciscan monk who has been living and working with the poor in Moyross for more than a year now, the vicissitudes of the Irish property market are a notion as distant as is his hometown, Red Hook, a village in the Hudson Valley of New York.
Brother O’Connor is the local superior of the community of Franciscan Friars, who do their work in some of the world’s most destitute communities. He and his fellow monks extend day-care assistance and spiritual counseling to the needy. They survive themselves on four hours of daily prayer and food handouts from neighbors — as Franciscans, they take a vow of chastity, poverty and obedience and thus do not spend money on any personal items, including food.
He recognizes that the deprivation of his community is severe, but suggests that it may be an easier hardship than the experiences of many Irish who have seen their riches disappear.
“There was this one story of a guy who shot his wife, son and daughter,” he says. “He had overextended himself. There is this desperation for wealth and people go after it — only to find out that it is not enough.”
New York Times
www.buckplanning.ie
Irish developer Seán Dunne clarifies New York Times interview report
Irish developer Seán Dunne today clarified remarks attributed to him in the New York Times. The paper quoted him in a report on the Irish economy in its Sunday edition, as saying that, if the banking crisis continued, "I could be considered insolvent."
In a statement today, Dunne's office said the developer had been misquoted. It said the quote given to the newspaper was:"With countries, banks in almost every country and legends of the banking world for over 100 years going bust in the current credit crunch, I would not bet against myself or anybody else being taken out. However, if it does happen, I would like to think that my conservative gearing prior to the credit crunch and the location and quality of my assets present as good a buffer as is possible."
Dunne's office also said the interview did not take place at 3am in Doheny & Nesbitt's pub in Dublin, but for 12 hours over two days. The New York Times did not claim that the interview was only conducted in the pub.
The article on the Irish economy, focused on Dunne's plans for the hotel sites in Ballsbridge in Dublin which he purchased for €379m in 2005.
www.buckplanning.ie
In a statement today, Dunne's office said the developer had been misquoted. It said the quote given to the newspaper was:"With countries, banks in almost every country and legends of the banking world for over 100 years going bust in the current credit crunch, I would not bet against myself or anybody else being taken out. However, if it does happen, I would like to think that my conservative gearing prior to the credit crunch and the location and quality of my assets present as good a buffer as is possible."
Dunne's office also said the interview did not take place at 3am in Doheny & Nesbitt's pub in Dublin, but for 12 hours over two days. The New York Times did not claim that the interview was only conducted in the pub.
The article on the Irish economy, focused on Dunne's plans for the hotel sites in Ballsbridge in Dublin which he purchased for €379m in 2005.
www.buckplanning.ie
Plans for city subverted by height arguments
ANALYSIS: Ever-optimistic Dublin city planners insist that they must set out the right policy on high-rise development before the the capital once again sees a forest of tower cranes on the skyline, writes Frank McDonald , Environment Editor
IT SEEMS almost surreal to be discussing high-rise planning policy in Dublin at a time when the construction industry is almost at a standstill; with so many newly-built apartment buildings and office blocks vacant, there doesn't appear to be much point.
But the ever-optimistic city planners insist that they must set out the right policy framework long before the the city once again sees a forest of tower cranes on the skyline.
What may queer the pitch is the nervousness of city councillors in the run-up to local elections in June.
Unlike their colleagues on county councils in Dublin and elsewhere, the city councillors are not "pro-development at any price".
Left-wing councillors are very conservative on issues of height and density, while many others don't want to be seen as developers' friends.
As a result, there is a gulf between the planners' aspirations to create a more sustainable city - as they would see it - and councillors voicing the sceptical views of their constituents, many of whom live in two-storey houses and want to keep their areas high-rise free.
The planners acknowledge that there have been "difficulties" in communicating their message that Dublin needs more dense development, including clusters of tall buildings - especially in areas that are well served by high-quality public transport.
They are at pains to emphasise that the draft policy on high-rise first unveiled last January has been revised in the light of reservations expressed by councillors and members of the public.
Most importantly, high-rise would now only be permitted in designated areas.
They also point out that the existing Dublin City Development Plan, adopted in 2005, already provides for higher density residential schemes. What they are now seeking to address is a lacuna in the plan on the issue of where high-rise buildings might be located.
The city planners are adamant that the Georgian core would be fully protected - even in terms of views from the squares of Trinity College - and say their draft policy "gives full vent to preserving the historical character of the city", including residential conservation areas.
"Place-making" is one of the justifications offered for high-rise in a generally low-rise city, especially throughout the suburbs.
"Character analysis" has also formed the basis for choosing all of the areas designated for taller buildings of 16 storeys or more.
"We've looked at the natural topography and at the historic height of the inner city," one senior planner said. "For example, the Guinness brewery is on a ridge, giving a traditional shoulder of height. We will have to take another look at it in the context of Diageo's plans.
"We've also had a chance to think again about the ridge approach in the Digital Hub area, where high-rise planning applications were refused.
"That's pulled back the debate from a very extreme level, and we're now looking at a restricted number of buildings up to 12 storeys".
The planners now accept that the 32-storey tower planned for a site opposite Heuston Station is now unlikely to go ahead, given the current economic environment. Designed by Paul Keogh Architects, it was enthusiastically approved in 2005 by An Bord Pleanála.
One of the primary justifications given for building taller is that the city would run out of development land in 2010, with the exception of Docklands and Grangegorman, so the planners argue that the underlying objective must be to consolidate the city.
"Industrial land is very underused, so it's a 'no brainer' that the Naas Road represents opportunity for more intensive development," said another senior planner.
But he accepted that any notion of demolishing the predominantly two-storey city was "politically not on".
According to another senior planner, "the height issue has completely subverted any discourse on good urbanism, so we need to get stuck in and make progress on that" - citing Bucholz McEvoy's Elmpark scheme on Merrion Road as a "very brave example of a new typology".
The planners deny that there is any rush in putting their new policy in place, saying it's already under discussion for two years.
"If it's pushed on to the next development plan review, it's going to be another two years before we have any policy," one of them warned.
Irish Times
www.buckplanning.ie
IT SEEMS almost surreal to be discussing high-rise planning policy in Dublin at a time when the construction industry is almost at a standstill; with so many newly-built apartment buildings and office blocks vacant, there doesn't appear to be much point.
But the ever-optimistic city planners insist that they must set out the right policy framework long before the the city once again sees a forest of tower cranes on the skyline.
What may queer the pitch is the nervousness of city councillors in the run-up to local elections in June.
Unlike their colleagues on county councils in Dublin and elsewhere, the city councillors are not "pro-development at any price".
Left-wing councillors are very conservative on issues of height and density, while many others don't want to be seen as developers' friends.
As a result, there is a gulf between the planners' aspirations to create a more sustainable city - as they would see it - and councillors voicing the sceptical views of their constituents, many of whom live in two-storey houses and want to keep their areas high-rise free.
The planners acknowledge that there have been "difficulties" in communicating their message that Dublin needs more dense development, including clusters of tall buildings - especially in areas that are well served by high-quality public transport.
They are at pains to emphasise that the draft policy on high-rise first unveiled last January has been revised in the light of reservations expressed by councillors and members of the public.
Most importantly, high-rise would now only be permitted in designated areas.
They also point out that the existing Dublin City Development Plan, adopted in 2005, already provides for higher density residential schemes. What they are now seeking to address is a lacuna in the plan on the issue of where high-rise buildings might be located.
The city planners are adamant that the Georgian core would be fully protected - even in terms of views from the squares of Trinity College - and say their draft policy "gives full vent to preserving the historical character of the city", including residential conservation areas.
"Place-making" is one of the justifications offered for high-rise in a generally low-rise city, especially throughout the suburbs.
"Character analysis" has also formed the basis for choosing all of the areas designated for taller buildings of 16 storeys or more.
"We've looked at the natural topography and at the historic height of the inner city," one senior planner said. "For example, the Guinness brewery is on a ridge, giving a traditional shoulder of height. We will have to take another look at it in the context of Diageo's plans.
"We've also had a chance to think again about the ridge approach in the Digital Hub area, where high-rise planning applications were refused.
"That's pulled back the debate from a very extreme level, and we're now looking at a restricted number of buildings up to 12 storeys".
The planners now accept that the 32-storey tower planned for a site opposite Heuston Station is now unlikely to go ahead, given the current economic environment. Designed by Paul Keogh Architects, it was enthusiastically approved in 2005 by An Bord Pleanála.
One of the primary justifications given for building taller is that the city would run out of development land in 2010, with the exception of Docklands and Grangegorman, so the planners argue that the underlying objective must be to consolidate the city.
"Industrial land is very underused, so it's a 'no brainer' that the Naas Road represents opportunity for more intensive development," said another senior planner.
But he accepted that any notion of demolishing the predominantly two-storey city was "politically not on".
According to another senior planner, "the height issue has completely subverted any discourse on good urbanism, so we need to get stuck in and make progress on that" - citing Bucholz McEvoy's Elmpark scheme on Merrion Road as a "very brave example of a new typology".
The planners deny that there is any rush in putting their new policy in place, saying it's already under discussion for two years.
"If it's pushed on to the next development plan review, it's going to be another two years before we have any policy," one of them warned.
Irish Times
www.buckplanning.ie
High-rise areas set out in latest draft plan
DUBLIN CITY Council's planners are to refine and clarify their latest draft policy on high-rise development before going for public consultations later this month - subject to the council's approval.
The current version of the draft policy, Maximising the City's Potential: A Strategy for Intensification and Height, takes on board criticisms of the original document published last January and the negative reaction to it at a series of public meetings.
The revised draft was described by one senior planning official as "an attempt to calm everyone down" - in particular by dropping an apparently blanket exception for permission to be granted for high-rise schemes of architectural quality, irrespective of location.
"One of the big problems with the original draft was those exceptions, and they're now gone," he said. "What we've done is to identify areas we think are suitable for high-rise development.
"Anything outside these areas would have to be subject to a local area plan."
The other option, he explained, would be for the council to make a variation of the city development plan to allow for a specific high- rise scheme in an area outside those formally designated as suitable for such development in the draft policy document.
The designated areas include an "eastern cluster" around George's Quay, Connolly Station and Spencer Dock, as well as the area around Heuston Station in the west and other locations such as Phibsboro, Coolock and the increasingly obsolete Naas Road.
Ballsbridge is not included, despite the fact that city planners gave approval for two major high-rise schemes on the former Jurys and Berkeley Court hotels site and the former Veterinary College site. An Bord Pleanála is due to rule on them by January 30th.
To allay public fears about random high-rise "eruptions", one of the main issues the planners are anxious to clarify involves a perception that permission would be granted for eight-storey buildings on single sites as a general rule-of-thumb in designated areas.
"People seem to have got it into their heads that we'll allow two- storey houses to be replaced by eight-storey apartments," said another senior planning official. "But we're not saying that. Developers are not going to get eight storeys everywhere."
Another senior planner said the policy document was "only suggesting consideration of three to eight storeys, subject to conditions", as standard heights for the redevelopment of sites that would be large enough to accommodate higher-density schemes.
In areas considered suitable for higher buildings, according to the draft policy, buildings could range in height from eight to 16 storeys or more - based on "key principles" of architectural quality, urban design, visual coherence and creating a network of public spaces.
Senior planners stress the over-riding importance of applying what one called "a very wide and deep notion of what constitutes sustainable development", including green design and "planning gain" - in other words, there have to be real benefits for the city.
They also emphasise that three-dimensional models of any high-rise proposal would have to be submitted with planning applications; a "3D" topographically correct model of the city is being assembled so that proposed high-rise buildings can be judged in context.
The planners aim to have the new policy adopted as a variation of the current city development plan.
However, this is ultimately a "reserved function" of the city council and, with local elections looming in June, there is concern that councillors may not adopt it.
Asked why, given the catastrophic collapse of construction activity, it could not wait until a new city plan is drafted in two years' time, one senior planner said they wanted to ensure that a coherent policy was in place well in advance of any upturn in the economy.
Irish Times
www.buckplanning.ie
The current version of the draft policy, Maximising the City's Potential: A Strategy for Intensification and Height, takes on board criticisms of the original document published last January and the negative reaction to it at a series of public meetings.
The revised draft was described by one senior planning official as "an attempt to calm everyone down" - in particular by dropping an apparently blanket exception for permission to be granted for high-rise schemes of architectural quality, irrespective of location.
"One of the big problems with the original draft was those exceptions, and they're now gone," he said. "What we've done is to identify areas we think are suitable for high-rise development.
"Anything outside these areas would have to be subject to a local area plan."
The other option, he explained, would be for the council to make a variation of the city development plan to allow for a specific high- rise scheme in an area outside those formally designated as suitable for such development in the draft policy document.
The designated areas include an "eastern cluster" around George's Quay, Connolly Station and Spencer Dock, as well as the area around Heuston Station in the west and other locations such as Phibsboro, Coolock and the increasingly obsolete Naas Road.
Ballsbridge is not included, despite the fact that city planners gave approval for two major high-rise schemes on the former Jurys and Berkeley Court hotels site and the former Veterinary College site. An Bord Pleanála is due to rule on them by January 30th.
To allay public fears about random high-rise "eruptions", one of the main issues the planners are anxious to clarify involves a perception that permission would be granted for eight-storey buildings on single sites as a general rule-of-thumb in designated areas.
"People seem to have got it into their heads that we'll allow two- storey houses to be replaced by eight-storey apartments," said another senior planning official. "But we're not saying that. Developers are not going to get eight storeys everywhere."
Another senior planner said the policy document was "only suggesting consideration of three to eight storeys, subject to conditions", as standard heights for the redevelopment of sites that would be large enough to accommodate higher-density schemes.
In areas considered suitable for higher buildings, according to the draft policy, buildings could range in height from eight to 16 storeys or more - based on "key principles" of architectural quality, urban design, visual coherence and creating a network of public spaces.
Senior planners stress the over-riding importance of applying what one called "a very wide and deep notion of what constitutes sustainable development", including green design and "planning gain" - in other words, there have to be real benefits for the city.
They also emphasise that three-dimensional models of any high-rise proposal would have to be submitted with planning applications; a "3D" topographically correct model of the city is being assembled so that proposed high-rise buildings can be judged in context.
The planners aim to have the new policy adopted as a variation of the current city development plan.
However, this is ultimately a "reserved function" of the city council and, with local elections looming in June, there is concern that councillors may not adopt it.
Asked why, given the catastrophic collapse of construction activity, it could not wait until a new city plan is drafted in two years' time, one senior planner said they wanted to ensure that a coherent policy was in place well in advance of any upturn in the economy.
Irish Times
www.buckplanning.ie
Sean Dunne's casting of himself as a victim a bit rich
Sound planning rather than the indebtedness of developers needs to be uppermost in our minds as we await a Bord Pleanála decision, writes Sarah Carey
TALKING ABOUT the fate of Seán Dunne's development in Ballsbridge, my county councillor father recalled a meeting of Meath County Council back in the 1970s. A councillor was pleading the case of a farmer who had applied for planning permission for two houses on his land.
The farmer owed the then Agricultural Credit Corporation a lot of money - a not uncommon predicament in an era of high interest rates and wildly fluctuating land prices. He also had a daughter. His plan was to sell off one site to pay his debts and build a house for the daughter on the second. Though the councillor wrung his hands and embellished the sorry state of the farmer's finances, Michael McFadden, the official in the planning department, was unmoved. "Bad debts make for bad planning," he declared.
McFadden has long retired and though my father still quotes him, too many forgot the axiom. In fact, county councils themselves were guilty of granting permission in order to pay debts - their own. A county like Meath that experienced a massive population explosion but no matching increase in central exchequer funding found itself under particular pressure. Levies paid by developers to the local authority on grant of permission were a tempting source of finance. Many suspect that some permissions were granted with the levy rather than the merits of the application in mind. Planners are now faced with applications knowing that a refusal could visit financial ruin on the developer.
How heavily will Seán Dunne's debts weigh on the minds of the members of An Bord Pleanála when they decide his case, due for announcement on January 30th? Personally, I've an open mind on the plan myself. Though Ballsbridge has many lovely streets, the stretch of Pembroke Road on which Jurys stands is cheerless and dull. It needs redevelopment. The objections of residents are indistinguishable from the protests of residents in any location to any development.
But I wonder if the minds of the members of Bord Pleanála will be concentrated on issues other than planning. It would take incredible bravery to turn down Dunne's application and let's face it - bravery isn't exactly a national trait, is it?
The Irish are the masters of the sneakin' regard; we have informers not whistleblowers, and staying inside the tent is considered evidence of genius rather than hypocrisy. Independent thinkers are barely tolerated and rarely admired. Is it asking too much of the powerful but low-profile anoraks in Bord Pleanála to trigger the collapse of Seán Dunne? Do they have the nerve to ignore the economics and focus on the architecture? There's a lot of psychology and not much planning involved in that decision.
In that context and never having met Dunne, it's hard to know if his recent interview with the New York Times was a really smart move or an extraordinary exercise in self-delusion. I suspect the latter, but either way, he successfully reframed the debate on Ballsbridge. It's not about planning but money, begrudgery and most bizarrely, Seán Dunne as victim. Was the board paying attention?
For the first time he raised the prospect of insolvency and he didn't need to tell us the seismic consequences of that event. The big developers might not be pillars of the community these days, but they are cornerstones of the economy. If one goes down, they bring a lot with them. Ballsbridge might not need a diamond-shaped tower block but the economy does.
When asked about criticism of his billion-euro project and his OTT wedding to Gayle Killilea on board the Christina O yacht, he said: "Jealousy and begrudgery are still alive and well in Ireland . . . It's part of the Irish psyche and it is the result of 800 years of being controlled by other people, of watching everything the master or landlord is doing."
How convenient to believe that one's critics have flawed characters rather than differing opinions. How satisfying to associate that flaw with a peasant psychology rather than a distaste for vulgarity. Dunne is right about begrudgery being an Irish characteristic but widely off the mark when he identifies himself as being a victim of it. Builders and bankers were elevated to hero status in the past decade. Contrary to Dunne's view, it was those who issued a word of caution who were ridiculed.
In another statement we see a hint that despite his success, he really does see himself as a victim. He's risen from humble origins to achieve financial success but perhaps not the self-awareness necessary to deal with his own psyche.
In discussing the prospect of insolvency should the banking crisis continue he says: "But the one thing that I have is my wife and children - that they can't take away from me." But who is "they", Seán? If the project fails and you lose a lot of money, "they" won't take anything from you. You'll have lost it. You had the dream and should it succeed you can rightly take all credit. If your gamble fails, the responsibility is yours alone.
Some might say failure to take responsibility for our own problems is part of the Irish psyche, too. Probably the result of 800 years of blaming the master or the landlord. The 11 members of Bord Pleanála are the masters of Dunne, Ballsbridge and an important leg of what's left of the economy.
Big dreams and bad debt makes for big pressure. Only three weeks to go. Dunne says he can handle it. Can the board?
Irish Times
www.buckplanning.ie
TALKING ABOUT the fate of Seán Dunne's development in Ballsbridge, my county councillor father recalled a meeting of Meath County Council back in the 1970s. A councillor was pleading the case of a farmer who had applied for planning permission for two houses on his land.
The farmer owed the then Agricultural Credit Corporation a lot of money - a not uncommon predicament in an era of high interest rates and wildly fluctuating land prices. He also had a daughter. His plan was to sell off one site to pay his debts and build a house for the daughter on the second. Though the councillor wrung his hands and embellished the sorry state of the farmer's finances, Michael McFadden, the official in the planning department, was unmoved. "Bad debts make for bad planning," he declared.
McFadden has long retired and though my father still quotes him, too many forgot the axiom. In fact, county councils themselves were guilty of granting permission in order to pay debts - their own. A county like Meath that experienced a massive population explosion but no matching increase in central exchequer funding found itself under particular pressure. Levies paid by developers to the local authority on grant of permission were a tempting source of finance. Many suspect that some permissions were granted with the levy rather than the merits of the application in mind. Planners are now faced with applications knowing that a refusal could visit financial ruin on the developer.
How heavily will Seán Dunne's debts weigh on the minds of the members of An Bord Pleanála when they decide his case, due for announcement on January 30th? Personally, I've an open mind on the plan myself. Though Ballsbridge has many lovely streets, the stretch of Pembroke Road on which Jurys stands is cheerless and dull. It needs redevelopment. The objections of residents are indistinguishable from the protests of residents in any location to any development.
But I wonder if the minds of the members of Bord Pleanála will be concentrated on issues other than planning. It would take incredible bravery to turn down Dunne's application and let's face it - bravery isn't exactly a national trait, is it?
The Irish are the masters of the sneakin' regard; we have informers not whistleblowers, and staying inside the tent is considered evidence of genius rather than hypocrisy. Independent thinkers are barely tolerated and rarely admired. Is it asking too much of the powerful but low-profile anoraks in Bord Pleanála to trigger the collapse of Seán Dunne? Do they have the nerve to ignore the economics and focus on the architecture? There's a lot of psychology and not much planning involved in that decision.
In that context and never having met Dunne, it's hard to know if his recent interview with the New York Times was a really smart move or an extraordinary exercise in self-delusion. I suspect the latter, but either way, he successfully reframed the debate on Ballsbridge. It's not about planning but money, begrudgery and most bizarrely, Seán Dunne as victim. Was the board paying attention?
For the first time he raised the prospect of insolvency and he didn't need to tell us the seismic consequences of that event. The big developers might not be pillars of the community these days, but they are cornerstones of the economy. If one goes down, they bring a lot with them. Ballsbridge might not need a diamond-shaped tower block but the economy does.
When asked about criticism of his billion-euro project and his OTT wedding to Gayle Killilea on board the Christina O yacht, he said: "Jealousy and begrudgery are still alive and well in Ireland . . . It's part of the Irish psyche and it is the result of 800 years of being controlled by other people, of watching everything the master or landlord is doing."
How convenient to believe that one's critics have flawed characters rather than differing opinions. How satisfying to associate that flaw with a peasant psychology rather than a distaste for vulgarity. Dunne is right about begrudgery being an Irish characteristic but widely off the mark when he identifies himself as being a victim of it. Builders and bankers were elevated to hero status in the past decade. Contrary to Dunne's view, it was those who issued a word of caution who were ridiculed.
In another statement we see a hint that despite his success, he really does see himself as a victim. He's risen from humble origins to achieve financial success but perhaps not the self-awareness necessary to deal with his own psyche.
In discussing the prospect of insolvency should the banking crisis continue he says: "But the one thing that I have is my wife and children - that they can't take away from me." But who is "they", Seán? If the project fails and you lose a lot of money, "they" won't take anything from you. You'll have lost it. You had the dream and should it succeed you can rightly take all credit. If your gamble fails, the responsibility is yours alone.
Some might say failure to take responsibility for our own problems is part of the Irish psyche, too. Probably the result of 800 years of blaming the master or the landlord. The 11 members of Bord Pleanála are the masters of Dunne, Ballsbridge and an important leg of what's left of the economy.
Big dreams and bad debt makes for big pressure. Only three weeks to go. Dunne says he can handle it. Can the board?
Irish Times
www.buckplanning.ie
Monday, 5 January 2009
New energy rating system in place for all homes for sale or rent
The national energy rating system, which advises on the energy efficiency of buildings, has been extended to all homes that go for sale or rent from January 1st 2009.
The Minister for the Environment, Heritage and Local Government, John Gormley TD - and the Minister for Communications, Energy and Natural Resources, Eamon Ryan TD - welcomed the extension of the system and said it would provide clear information to consumers thinking of buying or renting a home.
From January 1st all domestic properties for sale or rent are required to have a Building Energy Rating - or BER - which gives a technical assessment of how energy efficient the home is.
The EU Energy Performance of Buildings Directive requires all Member States to put a BER certification system in place on a phased basis. For Ireland the system came into effect for new houses in 2007 and this phasing concludes on 1 January 2009 with secondhand homes.
A BER is obtained by the landlord/seller and is valid for 10 years. BER Certificates help consumers who are buying or renting a property to make an informed choice between available properties, having regard to a comparison of their energy rating. In addition, an Advisory Report - which must accompany each BER Certificate - offers guidance on steps that can be taken to improve the energy efficiency of the house or building.
In Ireland, a BER certificate is issued by Sustainable Energy Ireland (SEI) following an assessment by a qualified BER assessor, who must be registered with SEI.
“This final phase of BER implementation from 1 January 2009 is a very positive step forward” - Minister Gormley said. “It provides real, valuable information to consumers about the properties they have an interest in and about the likely energy costs of running them.”
The Advisory Report, which is an integral part of the BER system, also points to potential improvements which can be undertaken by the new owner - at his/her own discretion and timescale - which will serve to cut fuel and energy costs further and improve the environmental impact and comfort of the building or dwelling. "Influencing the personal choices and behaviours of individual consumers in this way is crucial to Ireland’s success in reducing energy usage and CO2 emissions and to meeting our wider Climate Change obligations” - the Minister added.
Minister Ryan stated - “The first step in solving a problem is to understand it. A BER Certificate and the accompanying Advisory Report will inform people how good or bad their home is at keeping in heat and what they need to do to improve it. I expect that the information people get from the BER process will make a lot of people think about how much money they are losing through poor insulation and will lead to much interest in retrofitting insulation and other energy efficiency measures in their homes, providing a useful boost to the construction sector. I have made available €25 million for 2008/09 to assist people with these upgrade works through the Home Energy Saving Scheme.”
Addressing some recent commentators who described the initiative as an unnecessary burden on property owners at a time of market uncertainty, Minister Gormley said - “Nothing could be further from the truth. The cost of a BER assessment is modest compared to the value of the asset and, since it represents a commercial fee for services rendered, it is no different from other service fees.
"Some 1,030 persons are already registered with SEI as BER Assessors for new homes and over 660 for existing homes. A further 2,800 persons have also undergone the requisite training to-date and we can expect a proportion of these to be motivated to also register with SEI as demand for BER assessments increases.
"So, I am confident that the basis for a competitive market for this service is well advanced. It is imperative, however, that consumers get value for the money they spend. As with any other service, I strongly advise consumers to shop around among the registered assessors in their area in order to get the most competitive quote they can from a quality BER assessment provider.”
BER System
* The EU Directive on the Energy Performance of Buildings introduced a requirement on each Member State to introduce a Building Energy Rating (BER) system. This Directive was transposed into Irish law in the form of the European Communities (Energy Performance of Buildings) Regulations 2006.
* This is the final of three stages for the BER system which were provided for under the 2006 Regulations. Subject to certain transitional arrangements, BER Certificates for new dwellings have been required since 1 January, 2007, those for new buildings other than dwellings from 1 July, 2008 and, with effect from 1 January, 2009, buildings of any class, which are offered for sale, or letting must have a BER certificate.
* The BER is similar to the energy label on a fridge, with a scale of A to G. 'A' rated homes are the most energy efficient and 'G' the least energy efficient.
* There are limited exemptions for certain categories of buildings - e.g. protected structures and certain temporary buildings.
* Over 3,800 persons so far have successfully completed SEI accredited training courses, which makes them eligible to become registered BER assessors. To-date 1,032 of these persons have been officially registered as BER assessors for new dwellings and 667 of these have extended this registration to cover existing dwellings. A searchable database of registered BER Assessors available nationwide is included on SEI’s website - Click Here
* The costs of BERs will vary according to the size and location of the building and the advice is to shop around for the best price. Ultimately, market forces will determine the costs for various categories of buildings, but given the likely upturn in BER activity from 1 January 2009, it is expected that assessment fees will become more and more competitive over time and that Assessors will offer a range of other complementary services.
* A person who, after 1 January 2009, offers a building for sale or letting, or any agent acting on their behalf, is required to produce a copy of the BER certificate to any person expressing an interest in purchasing or taking a letting in the building. A person who contravenes these requirements commits an offence and is liable to be fined, on prosecution by the Building Control Authority in whose functional area the building is situated, a sum not exceeding €5,000.
Other Building Energy Efficiency Measures
* The following measures have been delivered or are currently being considered -
· Part L (Conservation of Fuel and Energy) of the Building Regulations was upgraded in 2007 to increase energy efficiency and reduce carbon emissions for new dwellings by 40% relative to 2005 standards and the new standards came into force with effect from 1 July, 2008;
· A further upgrade to achieve a 60% improvement in energy efficiency and CO2 emissions in new dwellings (again relative to 2005 standards) will be introduced in 2010;
· The 2007 upgrade also introduced, for the first time, a mandatory requirement for new homes to source some of their energy from renewable sources.
· Work is well under way with industry, through the statutory Building Regulations Advisory Body (BRAB), to determine new targets for buildings other than dwellings (e.g. industrial, commercial, retail, public buildings, etc.) to be effective - also from 2010.
* Retro-fitting
The following retro-fitting/sustainable energy programmes are currently in place under the remit of the Department of Communications, Energy and Natural Resources -
· The third round of the Greener Homes Scheme, which provides grant assistance to homeowners to purchase a new renewable energy heating system for existing homes, was launched in July 2008 - the 2008 budget is €22.5m;
· The Home Energy Saving Scheme provides grants to householders to improve the energy performance of their homes - the scheme was introduced on a pilot basis with a budget of €5m in 2008. €20m has been allocated for this scheme in Budget 2009.
· The Warmer Homes Scheme provides energy efficiency improvements to lower-income households in the private sector - €10m has been allocated for this scheme in Budget 2009.
· The Low Carbon Homes Programme is the successor to the House of Tomorrow Programme. The programme will support suitable housing developments in which CO2 emissions from energy use are reduced by at least 70% (relative to a 'reference dwelling' built to baseline Building Regulations 2005 standards) and which achieve a building energy rating (BER) of A2 or better.
· The ESB has been requested to undertake a pilot study for 18 months on the use of Smart Metering in Irish homes. Smart metering enables homeowners to monitor closely how electricity is used in the home and the associated costs. It also paves the way for electricity produced by renewable technologies to be transferred to the national grid and to be offset against the homeowners electricity bill.
Finally, the Department of the Environment, Heritage and Local Government and local authorities will begin an audit of the public housing stock in 2009, to lay the foundation for a programme of retrofitting, where required, to deliver modern standards of energy efficiency.
In parallel with this audit, €5m is being provided in 2009 to undertake a number of pilot retrofitting projects - the learning derived from these will inform the wider roll-out of the programme to commence once the audit is completed.
www.buckplanning.ie
The Minister for the Environment, Heritage and Local Government, John Gormley TD - and the Minister for Communications, Energy and Natural Resources, Eamon Ryan TD - welcomed the extension of the system and said it would provide clear information to consumers thinking of buying or renting a home.
From January 1st all domestic properties for sale or rent are required to have a Building Energy Rating - or BER - which gives a technical assessment of how energy efficient the home is.
The EU Energy Performance of Buildings Directive requires all Member States to put a BER certification system in place on a phased basis. For Ireland the system came into effect for new houses in 2007 and this phasing concludes on 1 January 2009 with secondhand homes.
A BER is obtained by the landlord/seller and is valid for 10 years. BER Certificates help consumers who are buying or renting a property to make an informed choice between available properties, having regard to a comparison of their energy rating. In addition, an Advisory Report - which must accompany each BER Certificate - offers guidance on steps that can be taken to improve the energy efficiency of the house or building.
In Ireland, a BER certificate is issued by Sustainable Energy Ireland (SEI) following an assessment by a qualified BER assessor, who must be registered with SEI.
“This final phase of BER implementation from 1 January 2009 is a very positive step forward” - Minister Gormley said. “It provides real, valuable information to consumers about the properties they have an interest in and about the likely energy costs of running them.”
The Advisory Report, which is an integral part of the BER system, also points to potential improvements which can be undertaken by the new owner - at his/her own discretion and timescale - which will serve to cut fuel and energy costs further and improve the environmental impact and comfort of the building or dwelling. "Influencing the personal choices and behaviours of individual consumers in this way is crucial to Ireland’s success in reducing energy usage and CO2 emissions and to meeting our wider Climate Change obligations” - the Minister added.
Minister Ryan stated - “The first step in solving a problem is to understand it. A BER Certificate and the accompanying Advisory Report will inform people how good or bad their home is at keeping in heat and what they need to do to improve it. I expect that the information people get from the BER process will make a lot of people think about how much money they are losing through poor insulation and will lead to much interest in retrofitting insulation and other energy efficiency measures in their homes, providing a useful boost to the construction sector. I have made available €25 million for 2008/09 to assist people with these upgrade works through the Home Energy Saving Scheme.”
Addressing some recent commentators who described the initiative as an unnecessary burden on property owners at a time of market uncertainty, Minister Gormley said - “Nothing could be further from the truth. The cost of a BER assessment is modest compared to the value of the asset and, since it represents a commercial fee for services rendered, it is no different from other service fees.
"Some 1,030 persons are already registered with SEI as BER Assessors for new homes and over 660 for existing homes. A further 2,800 persons have also undergone the requisite training to-date and we can expect a proportion of these to be motivated to also register with SEI as demand for BER assessments increases.
"So, I am confident that the basis for a competitive market for this service is well advanced. It is imperative, however, that consumers get value for the money they spend. As with any other service, I strongly advise consumers to shop around among the registered assessors in their area in order to get the most competitive quote they can from a quality BER assessment provider.”
BER System
* The EU Directive on the Energy Performance of Buildings introduced a requirement on each Member State to introduce a Building Energy Rating (BER) system. This Directive was transposed into Irish law in the form of the European Communities (Energy Performance of Buildings) Regulations 2006.
* This is the final of three stages for the BER system which were provided for under the 2006 Regulations. Subject to certain transitional arrangements, BER Certificates for new dwellings have been required since 1 January, 2007, those for new buildings other than dwellings from 1 July, 2008 and, with effect from 1 January, 2009, buildings of any class, which are offered for sale, or letting must have a BER certificate.
* The BER is similar to the energy label on a fridge, with a scale of A to G. 'A' rated homes are the most energy efficient and 'G' the least energy efficient.
* There are limited exemptions for certain categories of buildings - e.g. protected structures and certain temporary buildings.
* Over 3,800 persons so far have successfully completed SEI accredited training courses, which makes them eligible to become registered BER assessors. To-date 1,032 of these persons have been officially registered as BER assessors for new dwellings and 667 of these have extended this registration to cover existing dwellings. A searchable database of registered BER Assessors available nationwide is included on SEI’s website - Click Here
* The costs of BERs will vary according to the size and location of the building and the advice is to shop around for the best price. Ultimately, market forces will determine the costs for various categories of buildings, but given the likely upturn in BER activity from 1 January 2009, it is expected that assessment fees will become more and more competitive over time and that Assessors will offer a range of other complementary services.
* A person who, after 1 January 2009, offers a building for sale or letting, or any agent acting on their behalf, is required to produce a copy of the BER certificate to any person expressing an interest in purchasing or taking a letting in the building. A person who contravenes these requirements commits an offence and is liable to be fined, on prosecution by the Building Control Authority in whose functional area the building is situated, a sum not exceeding €5,000.
Other Building Energy Efficiency Measures
* The following measures have been delivered or are currently being considered -
· Part L (Conservation of Fuel and Energy) of the Building Regulations was upgraded in 2007 to increase energy efficiency and reduce carbon emissions for new dwellings by 40% relative to 2005 standards and the new standards came into force with effect from 1 July, 2008;
· A further upgrade to achieve a 60% improvement in energy efficiency and CO2 emissions in new dwellings (again relative to 2005 standards) will be introduced in 2010;
· The 2007 upgrade also introduced, for the first time, a mandatory requirement for new homes to source some of their energy from renewable sources.
· Work is well under way with industry, through the statutory Building Regulations Advisory Body (BRAB), to determine new targets for buildings other than dwellings (e.g. industrial, commercial, retail, public buildings, etc.) to be effective - also from 2010.
* Retro-fitting
The following retro-fitting/sustainable energy programmes are currently in place under the remit of the Department of Communications, Energy and Natural Resources -
· The third round of the Greener Homes Scheme, which provides grant assistance to homeowners to purchase a new renewable energy heating system for existing homes, was launched in July 2008 - the 2008 budget is €22.5m;
· The Home Energy Saving Scheme provides grants to householders to improve the energy performance of their homes - the scheme was introduced on a pilot basis with a budget of €5m in 2008. €20m has been allocated for this scheme in Budget 2009.
· The Warmer Homes Scheme provides energy efficiency improvements to lower-income households in the private sector - €10m has been allocated for this scheme in Budget 2009.
· The Low Carbon Homes Programme is the successor to the House of Tomorrow Programme. The programme will support suitable housing developments in which CO2 emissions from energy use are reduced by at least 70% (relative to a 'reference dwelling' built to baseline Building Regulations 2005 standards) and which achieve a building energy rating (BER) of A2 or better.
· The ESB has been requested to undertake a pilot study for 18 months on the use of Smart Metering in Irish homes. Smart metering enables homeowners to monitor closely how electricity is used in the home and the associated costs. It also paves the way for electricity produced by renewable technologies to be transferred to the national grid and to be offset against the homeowners electricity bill.
Finally, the Department of the Environment, Heritage and Local Government and local authorities will begin an audit of the public housing stock in 2009, to lay the foundation for a programme of retrofitting, where required, to deliver modern standards of energy efficiency.
In parallel with this audit, €5m is being provided in 2009 to undertake a number of pilot retrofitting projects - the learning derived from these will inform the wider roll-out of the programme to commence once the audit is completed.
www.buckplanning.ie
New Distribution System Operator for electricity sector
Energy Minister Eamon Ryan TD has announced the creation of a new legal entity charged with the operation and management of the electricity distribution system in Ireland.
The new entity - ESB Networks Limited - will remain a part of the ESB group of companies, but will be legally and functionally distinct from any other ESB operations.
The distribution system is the medium and low voltage electricity network used to deliver electricity to more than 2 million domestic, commercial and industrial customers via connection points such as houses, offices, shops and street lights. The system comprises of over 170,000 transformers and almost 150,000 km of distribution networks (i.e. overhead lines and underground cables).
Minister Ryan outlined the key role that the new Distribution System Operator (DSO) will play in the marketplace - “ESB Networks Limited will manage the distribution system in a transparent and non-discriminatory manner. Their creation will add to confidence in the market and promote the development of greater competition.
"The new company will have responsibility, as meter operator, for the installation, maintenance and reading of all electricity meters and so will play a key role in ensuring the effective rollout of smart meters throughout the country. The DSO will also continue to assist the development of renewable electricity projects - many of which are now connecting to the distribution system directly rather than through the transmission system.”
The Commission for Energy Regulation will periodically review the cost which ESB Networks incurs in maintaining and operating the distribution system, to ensure that only equitable levels of costs are collected through the distribution tariffs. The distribution system tariffs that are charged to electricity consumers will also continue to be reviewed annually.
The board of ESB Networks Limited will always include two independent members and is currently comprised of the following people -
* Mr John Shine, ESB Networks Executive Director (Chairman)
* Mr Bernard Byrne, ESB Group Finance Director
* Mr John Redmond, ESB Company Secretary and Head of Corporate Affairs
* Mr Luke Shinnors, ESB Human Resources Director
* Mr Des Geraghty, Chairman of the Affordable Homes Partnership - and
* Ms Gina Quin, CEO of Dublin Chamber of Commerce.
www.buckplanning.ie
The new entity - ESB Networks Limited - will remain a part of the ESB group of companies, but will be legally and functionally distinct from any other ESB operations.
The distribution system is the medium and low voltage electricity network used to deliver electricity to more than 2 million domestic, commercial and industrial customers via connection points such as houses, offices, shops and street lights. The system comprises of over 170,000 transformers and almost 150,000 km of distribution networks (i.e. overhead lines and underground cables).
Minister Ryan outlined the key role that the new Distribution System Operator (DSO) will play in the marketplace - “ESB Networks Limited will manage the distribution system in a transparent and non-discriminatory manner. Their creation will add to confidence in the market and promote the development of greater competition.
"The new company will have responsibility, as meter operator, for the installation, maintenance and reading of all electricity meters and so will play a key role in ensuring the effective rollout of smart meters throughout the country. The DSO will also continue to assist the development of renewable electricity projects - many of which are now connecting to the distribution system directly rather than through the transmission system.”
The Commission for Energy Regulation will periodically review the cost which ESB Networks incurs in maintaining and operating the distribution system, to ensure that only equitable levels of costs are collected through the distribution tariffs. The distribution system tariffs that are charged to electricity consumers will also continue to be reviewed annually.
The board of ESB Networks Limited will always include two independent members and is currently comprised of the following people -
* Mr John Shine, ESB Networks Executive Director (Chairman)
* Mr Bernard Byrne, ESB Group Finance Director
* Mr John Redmond, ESB Company Secretary and Head of Corporate Affairs
* Mr Luke Shinnors, ESB Human Resources Director
* Mr Des Geraghty, Chairman of the Affordable Homes Partnership - and
* Ms Gina Quin, CEO of Dublin Chamber of Commerce.
www.buckplanning.ie
Sunday, 4 January 2009
€10m spent on maintaining vacant super-prison site
Almost €10 million of public funds has been spent, maintaining, landscaping and securing the site for the proposed Thornton Hall super-prison in north county Dublin.
The state has now spent more than €45 million on the stalled prison project, including the €29.9million spent buying the land in 2005. Formal contracts to build the prison have not yet been signed and the 150-acre site is lying idle. The Department of Justice said the €10 million was spent on ‘‘preliminary site works’’, including ‘‘legal and technical specialist advice’’. T he bill includes spending on topographical and archaeological surveys of the site, as well as the cost of ensuring that local hunters cannot gain access to the land to shoot pheasants.
However, there is increasing uncertainty about the future of the proposed prison in light of the economic downturn. The government recently sought assurances from the Leargas consortium selected to build the prison that it will be able to finance the project. It contacted the consortium after more than 20 banks withdrew from the funding process because of the international liquidity crisis. T he Leargas consortium, which includes property developer Bernard McNamara and Barclays Bank, has already informed government that the state would have to contribute more funds to the public-private partnership (PPP) project if it is to go ahead.
Justice minister Dermot Ahern has said that the aim is to sign a contract for the building of the prison early this year.
Sunday Business Post
www.buckplanning.ie
The state has now spent more than €45 million on the stalled prison project, including the €29.9million spent buying the land in 2005. Formal contracts to build the prison have not yet been signed and the 150-acre site is lying idle. The Department of Justice said the €10 million was spent on ‘‘preliminary site works’’, including ‘‘legal and technical specialist advice’’. T he bill includes spending on topographical and archaeological surveys of the site, as well as the cost of ensuring that local hunters cannot gain access to the land to shoot pheasants.
However, there is increasing uncertainty about the future of the proposed prison in light of the economic downturn. The government recently sought assurances from the Leargas consortium selected to build the prison that it will be able to finance the project. It contacted the consortium after more than 20 banks withdrew from the funding process because of the international liquidity crisis. T he Leargas consortium, which includes property developer Bernard McNamara and Barclays Bank, has already informed government that the state would have to contribute more funds to the public-private partnership (PPP) project if it is to go ahead.
Justice minister Dermot Ahern has said that the aim is to sign a contract for the building of the prison early this year.
Sunday Business Post
www.buckplanning.ie
Consultants are paid €38m for Metro that may be shelved
More than €38m has been spent on outside consultants to advise on Dublin's Metro project, which could now fall victim to government cutbacks in the worsening economic conditions.
The Railway Procurement Agency (RPA) spent almost €20m on Metro-related consultancy services in 2007 and a further €9m was spent between January and the end of September 2008 at a time when the government has been seeking to reduce spending across all state agencies.
Now the opposition has expressed fresh concerns that the government may be planning to "mothball" the project, which has not yet been finalised.
Labour party deputy leader and spokeswoman on finance, Joan Burton TD, said she could "not find a word" about the proposed Metro project in the Government's recently launched framework for "sustainable economic renewal", which outlines a range of investment priorities for transport.
"I think it is a disaster for the Greater Dublin region if the project does not go ahead," she told the Sunday Tribune. "I think it means that they may be mothballing it... or changing the format of the plans."
Tom Coffey of the Dublin City Business Association said he believed the State sector has "squandered money on consultants and produced very little for it.
"You couldn't actually build the Metro with the plans based on the €38m spent on consultants," he said. "The issue confronting this country is that the state sector is hiding behind more ministers, more meetings, and more consultants. And there are not enough results for the citizens out on the street."
However, a spokesman for the RPA said it "is satisfied it has achieved value for money in the spend to date" on both the Metro North and the Metro West projects.
For example, he said the Metro North spend included for the production "of a considerable body of work" such as a "detailed feasibility study", an outline business case for the project and 250 railway order plans.
"All expenditure is competitively tendered and contracts awarded on a most economically advantageous basis," he said. "The Metro North project is at an advanced stage in terms of both planning and procurement," he said. "Metro West is also proceeding very well but is at an earlier stage of development."
Asked how much the Metro was expected to cost, the spokesman said the agency is precluded from disclosing overall costs of projects "still in procurement".
"While Metro North is being delivered as a public-private partnership, certain advance works will be funded by the exchequer, including some service diversion works and property acquisition," he said.
"In addition to the spend on consultants, RPA has spent approximately €3.5m on Metro North on comprehensive geotechnical investigations, building condition surveys, utility mapping surveys and other surveys to support the reference design and EIS."
"Having selected an emerging preferred route and submitted an Outline Business Case, Metro West is now preparing for the submission of an application for a Railway Order. It is expected that this application will be made in late 2009," the spokesman said.
According to internal RPA figures obtained by the Sunday Tribune, the €38m spend on consultancy for the Metro forms part of a total of €74m worth of 'professional fees' paid out to external consultants by the RPA since 2002 for projects ranging from the Metro and the Luas to the introduction of integrated ticketing.
Some €19m in 2007 and €8.7m in 2008 was spent on the Metro North project, which is at a more advanced stage than the proposed Metro West rail link. The figure for 2008 also includes around €1m spent on advance works for the proposed Metro North line.
The RPA confirmed that it has also spent more than €17m to date on the long-awaited introduction of integrated ticketing, initially in the Dublin area – and that €4.5m of that total has been paid to consultants since 2002.
IBM has been contracted to oversee this project and the plan is for a 'soft launch' towards the end of the year, according to the agency.
Separately, the RPA has spent €3.4m on legal fees since 2002, the figures also reveal.
Sunday Tribune
www.buckplanning.ie
The Railway Procurement Agency (RPA) spent almost €20m on Metro-related consultancy services in 2007 and a further €9m was spent between January and the end of September 2008 at a time when the government has been seeking to reduce spending across all state agencies.
Now the opposition has expressed fresh concerns that the government may be planning to "mothball" the project, which has not yet been finalised.
Labour party deputy leader and spokeswoman on finance, Joan Burton TD, said she could "not find a word" about the proposed Metro project in the Government's recently launched framework for "sustainable economic renewal", which outlines a range of investment priorities for transport.
"I think it is a disaster for the Greater Dublin region if the project does not go ahead," she told the Sunday Tribune. "I think it means that they may be mothballing it... or changing the format of the plans."
Tom Coffey of the Dublin City Business Association said he believed the State sector has "squandered money on consultants and produced very little for it.
"You couldn't actually build the Metro with the plans based on the €38m spent on consultants," he said. "The issue confronting this country is that the state sector is hiding behind more ministers, more meetings, and more consultants. And there are not enough results for the citizens out on the street."
However, a spokesman for the RPA said it "is satisfied it has achieved value for money in the spend to date" on both the Metro North and the Metro West projects.
For example, he said the Metro North spend included for the production "of a considerable body of work" such as a "detailed feasibility study", an outline business case for the project and 250 railway order plans.
"All expenditure is competitively tendered and contracts awarded on a most economically advantageous basis," he said. "The Metro North project is at an advanced stage in terms of both planning and procurement," he said. "Metro West is also proceeding very well but is at an earlier stage of development."
Asked how much the Metro was expected to cost, the spokesman said the agency is precluded from disclosing overall costs of projects "still in procurement".
"While Metro North is being delivered as a public-private partnership, certain advance works will be funded by the exchequer, including some service diversion works and property acquisition," he said.
"In addition to the spend on consultants, RPA has spent approximately €3.5m on Metro North on comprehensive geotechnical investigations, building condition surveys, utility mapping surveys and other surveys to support the reference design and EIS."
"Having selected an emerging preferred route and submitted an Outline Business Case, Metro West is now preparing for the submission of an application for a Railway Order. It is expected that this application will be made in late 2009," the spokesman said.
According to internal RPA figures obtained by the Sunday Tribune, the €38m spend on consultancy for the Metro forms part of a total of €74m worth of 'professional fees' paid out to external consultants by the RPA since 2002 for projects ranging from the Metro and the Luas to the introduction of integrated ticketing.
Some €19m in 2007 and €8.7m in 2008 was spent on the Metro North project, which is at a more advanced stage than the proposed Metro West rail link. The figure for 2008 also includes around €1m spent on advance works for the proposed Metro North line.
The RPA confirmed that it has also spent more than €17m to date on the long-awaited introduction of integrated ticketing, initially in the Dublin area – and that €4.5m of that total has been paid to consultants since 2002.
IBM has been contracted to oversee this project and the plan is for a 'soft launch' towards the end of the year, according to the agency.
Separately, the RPA has spent €3.4m on legal fees since 2002, the figures also reveal.
Sunday Tribune
www.buckplanning.ie
Green light for longest bridge
Ireland's longest bridge is to be built as part of a new town bypass. An Bord Pleanala has approved the New Ross bypass, which will mean a second river crossing for the Co Wexford town.
The new bridge from Ballymacar to Glenmore Hill will be 900 metres long and rise 40 metres above the water to allow ships to continue into New Ross port.
Irish Independent
www.buckplanning.ie
The new bridge from Ballymacar to Glenmore Hill will be 900 metres long and rise 40 metres above the water to allow ships to continue into New Ross port.
Irish Independent
www.buckplanning.ie
What are the hopes and fears for 2009 of leading environmentalists and conservationists?
Oisín Coghlan, director of Friends of the Earth
My biggest hope for 2009 is that Brian Cowen goes to the UN conference in Copenhagen joining other world leaders to sign an historic deal to prevent runaway climate change. To achieve that, the deal must see rich countries cutting their emissions by 40 per cent by 2020. At home I'm hoping the Oireachtas will pass a climate protection law.
My big fear is that our political leaders, preoccupied by the immediate economic challenges, delay or dilute action on climate change. Their response to the economic crisis must not tip us from climate crisis into climate crash. What we need is a "Green New Deal" with massive investment in green-collar jobs, green homes, green energy and green tech.
Michael Starrett, chief executive of the Heritage Council
My main fear for 2009 is the possible use of blunt instruments to resolve our economic woes. [That] would mean public and private investment in heritage, rather than seen as a vital element of our economic, social and environmental recovery, will be hacked off as a luxury.
My main hope is that we resolve the disconnect between economic development and the sustainable management of our vital heritage resources. To do that we need to improve the legal structures which conserve and manage our heritage and in doing so, safeguard it for future generations.
Eanna Ní Lamhna, president of An Taisce
My hope for 2009 is that Irish people will look at their own environment and ask themselves is this really what they want. Then, I hope that they make a connection [between that environment and] the powers of councillors in rezonings and country development plans and go out and vote for people who will act in the interest of the common good rather than the good of the individual.
My fear for 2009 is that people will not make the connection. Also, I hope that we have a normal year weather-wise that will suit our wildlife rather than an excessively wet summer which is so hard on swifts, swallows, butterflies and other insects.
Richard Douthwaite, Foundation for the Economics of Sustainability (Feasta)
Feasta's main fear is that, if a climate treaty is actually agreed in Copenhagen next December, it will be too weak to avert disaster because it will not lead to global emissions being cut by at least 3 per cent a year.
We hope 2009 is the year in which leaders accept that the growth economy cannot continue if conventional oil supplies cease to grow around 2020 as the International Energy Agency expects. They will need to plan completely different energy, food-supply, transport, money-creation and resource-allocation systems. As part of this, we hope the National Pension Reserve Fund begins to diversify out of assets which depend on the continuation of global economic growth, such as bonds and equities, into productive domestic ones such as renewable energy.
Dr Mary Kelly, director general of the Environmental Protection Agency
When we started work on the flagship report on the state of Ireland's environment published in the autumn, there was little indication that the world was facing an economic crisis on the scale witnessed in the past few months. Alongside this crisis, we still have to face up to and deal with climate change; our waters and habitats still need to be protected, and restored; all sectors of the economy still need to reduce their impact on the environment; and we still have to comply with the ever-growing number of environmental laws and agreements. These are all challenges that we must continue to face.
I am hopeful that we can meet these challenges by working to identify and overcome individual problems. It is encouraging that there are also many opportunities for Ireland to become a low-carbon, greener economy. Ireland's environment is a key strategic asset for the country and we must protect, manage and invest in it to secure a healthy society and a strong economy into the future.
Irish Times
www.buckplanning.ie
My biggest hope for 2009 is that Brian Cowen goes to the UN conference in Copenhagen joining other world leaders to sign an historic deal to prevent runaway climate change. To achieve that, the deal must see rich countries cutting their emissions by 40 per cent by 2020. At home I'm hoping the Oireachtas will pass a climate protection law.
My big fear is that our political leaders, preoccupied by the immediate economic challenges, delay or dilute action on climate change. Their response to the economic crisis must not tip us from climate crisis into climate crash. What we need is a "Green New Deal" with massive investment in green-collar jobs, green homes, green energy and green tech.
Michael Starrett, chief executive of the Heritage Council
My main fear for 2009 is the possible use of blunt instruments to resolve our economic woes. [That] would mean public and private investment in heritage, rather than seen as a vital element of our economic, social and environmental recovery, will be hacked off as a luxury.
My main hope is that we resolve the disconnect between economic development and the sustainable management of our vital heritage resources. To do that we need to improve the legal structures which conserve and manage our heritage and in doing so, safeguard it for future generations.
Eanna Ní Lamhna, president of An Taisce
My hope for 2009 is that Irish people will look at their own environment and ask themselves is this really what they want. Then, I hope that they make a connection [between that environment and] the powers of councillors in rezonings and country development plans and go out and vote for people who will act in the interest of the common good rather than the good of the individual.
My fear for 2009 is that people will not make the connection. Also, I hope that we have a normal year weather-wise that will suit our wildlife rather than an excessively wet summer which is so hard on swifts, swallows, butterflies and other insects.
Richard Douthwaite, Foundation for the Economics of Sustainability (Feasta)
Feasta's main fear is that, if a climate treaty is actually agreed in Copenhagen next December, it will be too weak to avert disaster because it will not lead to global emissions being cut by at least 3 per cent a year.
We hope 2009 is the year in which leaders accept that the growth economy cannot continue if conventional oil supplies cease to grow around 2020 as the International Energy Agency expects. They will need to plan completely different energy, food-supply, transport, money-creation and resource-allocation systems. As part of this, we hope the National Pension Reserve Fund begins to diversify out of assets which depend on the continuation of global economic growth, such as bonds and equities, into productive domestic ones such as renewable energy.
Dr Mary Kelly, director general of the Environmental Protection Agency
When we started work on the flagship report on the state of Ireland's environment published in the autumn, there was little indication that the world was facing an economic crisis on the scale witnessed in the past few months. Alongside this crisis, we still have to face up to and deal with climate change; our waters and habitats still need to be protected, and restored; all sectors of the economy still need to reduce their impact on the environment; and we still have to comply with the ever-growing number of environmental laws and agreements. These are all challenges that we must continue to face.
I am hopeful that we can meet these challenges by working to identify and overcome individual problems. It is encouraging that there are also many opportunities for Ireland to become a low-carbon, greener economy. Ireland's environment is a key strategic asset for the country and we must protect, manage and invest in it to secure a healthy society and a strong economy into the future.
Irish Times
www.buckplanning.ie
Minister to give buses higher priority
BUSES ARE to be given greater priority on town and city roads in a bid by Minister for Transport Noel Dempsey to cut journey times and increase passenger numbers.
Some city streets will be blocked to cars, while traffic lights will change on demand for buses, and private cars will be blocked from making right turns that can delay traffic flows, under the plan to be launched later this month.
Mr Dempsey is placing the bus "at the heart" of the effort to cut Ireland's unsustainable carbon dioxide emissions, sources within the Department of Transport insisted.
State subsidies will be offered to both Bus Éireann and private bus operators to create new routes in difficult areas, but only if the companies systematically increase the numbers of passengers.
Some existing routes operated by Dublin Bus and Bus Éireann will have to be redrawn to "maximise" the use of resources - though it is not entirely clear what this will mean in practice - while other routes not passing through city centres will be created.
Mr Dempsey will launch the Sustainable Transport Plan 2009-2020 at the end of January with 50 key recommendations to cut CO2 emissions and ease traffic jams. More feeder buses to Luas and Dart stations are proposed, though Mr Dempsey recently refused to pay for extra buses in Dublin until 40 key traffic hold-ups are removed.
In the past, sources said, transport was "all about cement and road building", but CO2 emissions and traffic congestion are now "dictating policy". Ireland must cut 20 per cent off its 2005 transport CO2 emissions to abide by European Commission targets.
By 2012, bus users in the capital will be able to use a €10 million GPS system to check arrival times of the next bus by mobile telephone and internet.
Under the plan, the public will be able to use one "smart" card to travel on all Dublin bus and rail systems by next year.
Irish Times
www.buckplanning.ie
Some city streets will be blocked to cars, while traffic lights will change on demand for buses, and private cars will be blocked from making right turns that can delay traffic flows, under the plan to be launched later this month.
Mr Dempsey is placing the bus "at the heart" of the effort to cut Ireland's unsustainable carbon dioxide emissions, sources within the Department of Transport insisted.
State subsidies will be offered to both Bus Éireann and private bus operators to create new routes in difficult areas, but only if the companies systematically increase the numbers of passengers.
Some existing routes operated by Dublin Bus and Bus Éireann will have to be redrawn to "maximise" the use of resources - though it is not entirely clear what this will mean in practice - while other routes not passing through city centres will be created.
Mr Dempsey will launch the Sustainable Transport Plan 2009-2020 at the end of January with 50 key recommendations to cut CO2 emissions and ease traffic jams. More feeder buses to Luas and Dart stations are proposed, though Mr Dempsey recently refused to pay for extra buses in Dublin until 40 key traffic hold-ups are removed.
In the past, sources said, transport was "all about cement and road building", but CO2 emissions and traffic congestion are now "dictating policy". Ireland must cut 20 per cent off its 2005 transport CO2 emissions to abide by European Commission targets.
By 2012, bus users in the capital will be able to use a €10 million GPS system to check arrival times of the next bus by mobile telephone and internet.
Under the plan, the public will be able to use one "smart" card to travel on all Dublin bus and rail systems by next year.
Irish Times
www.buckplanning.ie
Committee likely to seek limits on Gormley powers
AN OIREACHTAS committee is expected to call for new controls to be placed on the Minister for the Environment, limiting his power to overturn local authority decisions on county development plans.
The Joint Oireachtas Committee on the Environment, which has investigated a clash between John Gormley and Mayo County Council over its controversial development plan, is due to issue a report on the matter next month.
This follows the Minister’s decision to reject county development plans in Mayo and a number of other local authority areas.
Mr Gormley told The Irish Times earlier this week that he planned to publish new legislation which would put an end to “opportunist” rezoning of land by county councillors.
The Planning and Development Bill 2009 will no longer permit excessive zoning of development land, a phenomenon that has become a “major problem” in recent years, Mr Gormley said.
But Oireachtas committee chairman Sean Fleming TD (FF) suggested Mr Gormley already had too much power in the area, saying: “As it currently stands, a Minister can issue a directive out of the blue and from behind closed doors and the council has no choice but to implement it in full. The legislation is seriously deficient in that it gives no room for compromise or proper consultation after the directive has been issued.”
Mr Fleming said that instead of the Minister issuing a directive, he should issue a draft directive that would allow for compromise to be made between the Minister and the council in question. “I don’t hope – I expect that this change will be made to the legislation by the Oireachtas in the new year.”
The 2000 Planning and Development Act gave environment ministers new powers in directing local authorities to amend their development plans if they breached national policy.
Before Mr Gormley assumed office in June 2007, the special powers were used by his predecessors on two occasions in six years.
Since Mr Gormley became the State’s first Green Party Minister for the Environment, he has issued directions against four separate councils in 18 months, with a fifth likely against Clare Co Council.
Fine Gael whip on Mayo Co Council, Cllr Paddy McGuinness, said: “The figures speak for themselves and the number of interventions Minister Gormley has made is worrying. The Minister has assumed an infallibility in the area of planning and it is unfair. His approach is ‘my way or no way’.”
In his direction last July to amend the adopted Mayo plan, Mr Gormley said it had failed to set out an overall strategy for the proper development of Mayo and – by advocating a flexible policy on single-house developments – failed to take proper account of the national spatial strategy.
Mr McGuinness said representatives from Mayo County Council are to meet department officials early in the new year in a bid to reach a compromise. Other councils told to amend their development plans by Mr Gormley are Monaghan County Council, Waterford County Council and Castlebar Town Council.
The two directions made before Mr Gormley took office were against Dún Laoghaire-Rathdown County Council in 2003, for not zoning sufficient land for housing, and against Laois County Council in 2006, directing the authority to dezone significant lands.
Clare councillors last month ignored the Minister’s recommendations to dezone large tracts of lands, and instead of tightening restrictions on one-off housing, they loosened the rules.
Irish Times
www.buckplanning.ie
The Joint Oireachtas Committee on the Environment, which has investigated a clash between John Gormley and Mayo County Council over its controversial development plan, is due to issue a report on the matter next month.
This follows the Minister’s decision to reject county development plans in Mayo and a number of other local authority areas.
Mr Gormley told The Irish Times earlier this week that he planned to publish new legislation which would put an end to “opportunist” rezoning of land by county councillors.
The Planning and Development Bill 2009 will no longer permit excessive zoning of development land, a phenomenon that has become a “major problem” in recent years, Mr Gormley said.
But Oireachtas committee chairman Sean Fleming TD (FF) suggested Mr Gormley already had too much power in the area, saying: “As it currently stands, a Minister can issue a directive out of the blue and from behind closed doors and the council has no choice but to implement it in full. The legislation is seriously deficient in that it gives no room for compromise or proper consultation after the directive has been issued.”
Mr Fleming said that instead of the Minister issuing a directive, he should issue a draft directive that would allow for compromise to be made between the Minister and the council in question. “I don’t hope – I expect that this change will be made to the legislation by the Oireachtas in the new year.”
The 2000 Planning and Development Act gave environment ministers new powers in directing local authorities to amend their development plans if they breached national policy.
Before Mr Gormley assumed office in June 2007, the special powers were used by his predecessors on two occasions in six years.
Since Mr Gormley became the State’s first Green Party Minister for the Environment, he has issued directions against four separate councils in 18 months, with a fifth likely against Clare Co Council.
Fine Gael whip on Mayo Co Council, Cllr Paddy McGuinness, said: “The figures speak for themselves and the number of interventions Minister Gormley has made is worrying. The Minister has assumed an infallibility in the area of planning and it is unfair. His approach is ‘my way or no way’.”
In his direction last July to amend the adopted Mayo plan, Mr Gormley said it had failed to set out an overall strategy for the proper development of Mayo and – by advocating a flexible policy on single-house developments – failed to take proper account of the national spatial strategy.
Mr McGuinness said representatives from Mayo County Council are to meet department officials early in the new year in a bid to reach a compromise. Other councils told to amend their development plans by Mr Gormley are Monaghan County Council, Waterford County Council and Castlebar Town Council.
The two directions made before Mr Gormley took office were against Dún Laoghaire-Rathdown County Council in 2003, for not zoning sufficient land for housing, and against Laois County Council in 2006, directing the authority to dezone significant lands.
Clare councillors last month ignored the Minister’s recommendations to dezone large tracts of lands, and instead of tightening restrictions on one-off housing, they loosened the rules.
Irish Times
www.buckplanning.ie
Friday, 2 January 2009
€4m system will update bus arrival times
COMMUTERS left standing for ages in the cold will get relief with the roll-out in the New Year of a new system telling them when their bus will arrive.
Bus Eireann is to unveil a real-time information system for every route it operates across the country, with commuters able to find out the bus time by text or online.
Using a global positioning system, the transport company will be able to identify the location of all buses in the fleet at all times, and take into account traffic jams and roadworks.
The Automatic Vehicle Location (AVL) system, which was tested during 2008, allows customers to access real-time arrival and departure information.
The €4m system will be fully rolled out by the middle of the year, when passengers will be able to receive real-time information on the next three buses to arrive at any bus stop in its network via the Web and SMS.
"Bus Eireann led the way among European bus companies in providing online ticket sales for immediate use and this nationwide real-time information system is another example of Bus Eireann's focus on innovation," a spokesman said.
"Providing this up-to-the-minute information on bus arrivals and departures to customers will improve the convenience of the service for passengers."
The company also plans to introduce another 65 buses early in the New Year, following delivery of 239 coaches in the past 18 months at a cost of €71m.
And double deck commuter buses will be introduced on routes in Leinster.
The company also says it carried 93 million passengers in 2008, and independent research says that 95pc of passengers are happy with the service -- an increase from 90pc in 2007.
The company also scored highly in terms of punctuality (95pc), and bus safety, cleanliness and comfort (99pc).
Paul Melia
Irish Independent
www.buckplanning.ie
Bus Eireann is to unveil a real-time information system for every route it operates across the country, with commuters able to find out the bus time by text or online.
Using a global positioning system, the transport company will be able to identify the location of all buses in the fleet at all times, and take into account traffic jams and roadworks.
The Automatic Vehicle Location (AVL) system, which was tested during 2008, allows customers to access real-time arrival and departure information.
The €4m system will be fully rolled out by the middle of the year, when passengers will be able to receive real-time information on the next three buses to arrive at any bus stop in its network via the Web and SMS.
"Bus Eireann led the way among European bus companies in providing online ticket sales for immediate use and this nationwide real-time information system is another example of Bus Eireann's focus on innovation," a spokesman said.
"Providing this up-to-the-minute information on bus arrivals and departures to customers will improve the convenience of the service for passengers."
The company also plans to introduce another 65 buses early in the New Year, following delivery of 239 coaches in the past 18 months at a cost of €71m.
And double deck commuter buses will be introduced on routes in Leinster.
The company also says it carried 93 million passengers in 2008, and independent research says that 95pc of passengers are happy with the service -- an increase from 90pc in 2007.
The company also scored highly in terms of punctuality (95pc), and bus safety, cleanliness and comfort (99pc).
Paul Melia
Irish Independent
www.buckplanning.ie
Proposal to create new town near Bray criticised
THE CHAIRMAN of Wicklow County Council has criticised the local authority's plans to create a new town at Fassaroe on the edge of the M/N11, close to the border with Co Dublin.
The proposal, which has been put out for public consultation until Wednesday next, envisages a new town with a residential population of 7,000 and jobs for some 16,000 workers being developed on the Fassaroe site, about one mile west of Bray, in line with the proposed arrival of light rail to Fassaroe by 2015.
The Railway Procurement Agency's current plans envisage the extension of Luas to Bray, where it would traverse a 950-home and commercial centre proposed for the former golf club lands by Pizarro Ltd. It is envisaged that Pizarro would make a multimillion- euro contribution to the cost of the Luas extension.
It is also proposed to have a spur from the Luas extension to serve Fassaroe, on the edge of the M/N11.
The chairman, Derek Mitchell (FG), has made a submission against the local authority plans, claiming that the M/N11 adjacent to Fassaroe is already at almost twice its intended capacity.
Mr Mitchell said regular commuters on the M/N11, coming from north Wicklow in the morning rush hours and home again in the evening, has resulted in the increased traffic congestion.
The cathaoirleach said the council was planning "considerable growth" in Wicklow town, as well as 900 new homes in Greystones and the limited expansion of Newtownmountkennedy, much of which, he claimed, would affect the M/N11. He pointed to 4km tailbacks "most evenings" on the route.
Irish Times
www.buckplanning.ie
The proposal, which has been put out for public consultation until Wednesday next, envisages a new town with a residential population of 7,000 and jobs for some 16,000 workers being developed on the Fassaroe site, about one mile west of Bray, in line with the proposed arrival of light rail to Fassaroe by 2015.
The Railway Procurement Agency's current plans envisage the extension of Luas to Bray, where it would traverse a 950-home and commercial centre proposed for the former golf club lands by Pizarro Ltd. It is envisaged that Pizarro would make a multimillion- euro contribution to the cost of the Luas extension.
It is also proposed to have a spur from the Luas extension to serve Fassaroe, on the edge of the M/N11.
The chairman, Derek Mitchell (FG), has made a submission against the local authority plans, claiming that the M/N11 adjacent to Fassaroe is already at almost twice its intended capacity.
Mr Mitchell said regular commuters on the M/N11, coming from north Wicklow in the morning rush hours and home again in the evening, has resulted in the increased traffic congestion.
The cathaoirleach said the council was planning "considerable growth" in Wicklow town, as well as 900 new homes in Greystones and the limited expansion of Newtownmountkennedy, much of which, he claimed, would affect the M/N11. He pointed to 4km tailbacks "most evenings" on the route.
Irish Times
www.buckplanning.ie
Thursday, 1 January 2009
Gormley denies planning decisions invalid
ENVIRONMENT Minister John Gormley has dismissed suggestions that more than 1,000 planning appeal decisions made four years ago are legally invalid.
His reaction came after it emerged a member of the board retired in October 2004 and was not replaced until late January 2005.
Under the legislation governing An Bord Pleanála in 2004 it had to be properly formed, representative of various social interests and consisting of seven members and a chairman.
Mr Gormley acknowledged while the board of An Bord Pleanála was without its full number for almost four months it was still entitled to rule on planning appeals.
Late last month the lack of personnel in late 2004 was brought to the attention of Mr Gormley by Fine Gael deputy Phil Hogan.
His department has since issued a statement saying it believed the legislation gave the board enough wriggle room even when it was short a representative.
“The minister has been advised and he is satisfied that the board was properly constituted and was entitled to carry out its functions when the vacancy existed,” his spokesman said.
While the vacancy existed the depleted board made at least 990 decisions. Questions on the validity of these were first raised in an anonymous letter recently sent to a number of local authorities. This was forwarded to An Bord Pleanála and Fine Gael.
An Bord Pleanála said appointments to its board were a matter for the minister.
The letter pointed to a vacancy which existed on the board in 2004. It suggested while this remained unfilled all decisions on planning appeals were invalid.
Under the planning legislation the board had to have seven members and a chairman. It was the minister for the environment’s responsibility to ensure six of these members were drawn from various social partners. All vacancies were to be filled as soon as possible by the minister of the day.
The planning act was changed in 2006 to make the representation more broad and less rigid.
However in a reply to Mr Hogan the minister said in the event of a resignation the board could have operated even if all the relevant social bodies were not represented.
“If a vacancy occurred on the board following the retirement, resignation or removal from office of a nominated ordinary member, it may follow that, pending the filling of that vacancy, there would be no nominee of the panel concerned on the board.
“However, the 2000 act provides that the board may act, notwithstanding a vacancy in the office of chairperson or among the ordinary members, as long as there is a minimum of three members to form a quorum for a meeting of the board,” he said.
Mr Gormley said he is satisfied the legality of the board was not undermined during the period.
Irish Examiner
www.buckplanning.ie
His reaction came after it emerged a member of the board retired in October 2004 and was not replaced until late January 2005.
Under the legislation governing An Bord Pleanála in 2004 it had to be properly formed, representative of various social interests and consisting of seven members and a chairman.
Mr Gormley acknowledged while the board of An Bord Pleanála was without its full number for almost four months it was still entitled to rule on planning appeals.
Late last month the lack of personnel in late 2004 was brought to the attention of Mr Gormley by Fine Gael deputy Phil Hogan.
His department has since issued a statement saying it believed the legislation gave the board enough wriggle room even when it was short a representative.
“The minister has been advised and he is satisfied that the board was properly constituted and was entitled to carry out its functions when the vacancy existed,” his spokesman said.
While the vacancy existed the depleted board made at least 990 decisions. Questions on the validity of these were first raised in an anonymous letter recently sent to a number of local authorities. This was forwarded to An Bord Pleanála and Fine Gael.
An Bord Pleanála said appointments to its board were a matter for the minister.
The letter pointed to a vacancy which existed on the board in 2004. It suggested while this remained unfilled all decisions on planning appeals were invalid.
Under the planning legislation the board had to have seven members and a chairman. It was the minister for the environment’s responsibility to ensure six of these members were drawn from various social partners. All vacancies were to be filled as soon as possible by the minister of the day.
The planning act was changed in 2006 to make the representation more broad and less rigid.
However in a reply to Mr Hogan the minister said in the event of a resignation the board could have operated even if all the relevant social bodies were not represented.
“If a vacancy occurred on the board following the retirement, resignation or removal from office of a nominated ordinary member, it may follow that, pending the filling of that vacancy, there would be no nominee of the panel concerned on the board.
“However, the 2000 act provides that the board may act, notwithstanding a vacancy in the office of chairperson or among the ordinary members, as long as there is a minimum of three members to form a quorum for a meeting of the board,” he said.
Mr Gormley said he is satisfied the legality of the board was not undermined during the period.
Irish Examiner
www.buckplanning.ie
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