A PLANNING application for 68 houses in Rathdrum has been turned down because the developer involved didn't complete two housing estates to the satisfaction of the county council.
It's the first time in Wicklow that an application has been refused because an individual or company failed in the past to comply with a permission that had been granted.
The director of Holross Holdings Ltd., Phillip Shannon, is also the director of Pronto Developments Ltd. and Benrele Limited.
Those two companies failed to comply with previous planning permissions granted for Yachtsman's Point and Pebble Bay.
Yachtsman's Point was left with fences used as boundaries instead of walls, missing footpaths and kerbs and a public open space which was never levelled.
In Pebble Bay, footpaths are cracked, there are water leaks and manholes have subsided.
SEE PAGE 9 PLANNING permission for 68 houses in Rathdrum has been rejected because the developer behind the project never properly finished off two housing estates in Wicklow town.
Holross Holdings Ltd. and Director Phillip Shannon are the first case in County Wicklow to fall foul of amendments to sections 34 and 35 of the Planning and Development Act, which permits planning authorities to refuse planning permission to an individual or company that has failed in the past to comply with a permission that was granted.
The new bill was introduced to take on rouge builders and land speculators who left housing developments unfinished. This could also be the first time a development anywhere in Ireland has been turned down for such a reason.
Wicklow County Council's housing department refused the application for the development at Ballygannon because the Directors of Holross Holdings Limited are the same directors of Pronto Developments Limited. Philip Shannon is a Director of Pronto Developments Ltd. and also a Director of Benrele Limited. Benrele Limited and Pronto Developments have both not complied with previous grants of planning permission at Yachtsman's Point and Pebble Bay.
Cllr. Pat Casey believes the council's stance will send out a message to other developers.
'The amendment puts the onus back on the developer and gives the council the power not to grant permission to developers who haven't finished estates in the past,' he said.
Yachtsman's Point was left with fences used as boundaries instead of walls, missing footpaths and kerbs and a public open space which was never levelled, drained or grassed and is considered to be in an unsafe condition.
In Pebble Bay footpaths have cracked or subsided at numerous locations presenting a trip-hazard, there are water leaks within six locations within the development, no CCTV survey of surface water and foul sewers was submitted, manholes have subsided and the open spaces have not been dedicated to the use of residents as required by the planning granted.