VISITORS to Croke Park may soon enjoy the thrill of jumping off the stadium’s roof onto Hill 16 under plans being proposed by the GAA.
A sitting of An Bord Pleanála in Dublin heard yesterday that the construction of a roof walkway on Croke Park would create a "unique" tourist attraction which would allow 360-degree views of the city and many of its famous landmarks.
Under plans developed by the GAA, visitors on the proposed Croke Park Rooftop Tour will also be able to abseil or zipline from the 35m roof.
Croke Park stadium manager, Peter McKenna said the project would offer visitors "a thrill in a safe environment" and an "OMG experience".
However, representatives of local residents walked out of yesterday’s hearing in protest at the board’s refusal to adjourn the hearing after they had requested that the planning authority investigate alleged irregularities.
A residents group, the Croke Park Streets Committee, said it was withdrawing "under protest". The group’s spokesman, Eamonn O’Brien, said the hearing was being boycotted by all residents in protest at their treatment under the planning system.
However, Mr O’Brien declined to details the group’s complaint.
In the past, residents have expressed concern at how all 55 applications for planning permission made by Croke Park in recent years have been approved.
They have also criticised An Bord Pleanála for approving a handball and sports centre, despite a recommendation by the board’s inspector to refuse it planning permission.
The GAA estimates that the rooftop facility will attract between 8,000 and 19,000 visitors a year, with about one quarter of these taking the opportunity to abseil or zipline from the roof.
Permission for the project was granted with 13 conditions by Dublin City Council last April but is under appeal by residents.
Planning consultant Brendan Buck said the GAA was concerned that a condition stipulating opening hours for the roof should be 9am to 6pm was "unduly restrictive".
Mr Buck said it was hoped the facility would attract some of the estimated 89,000 people who visit the GAA museum in Croke Park each year.
He claimed the rooftop walkway would need at least 8,000 visitors per annum to make it viable.
There will be five viewing platforms, including a pitch-viewing cabin with a glass floor.
Mr Buck said concerns about visitors being able to overlook local schools and houses had been addressed by telescopes being fixed at certain angles.
He told the hearing that the project was "a tourism legacy for current and future generations".
Mr McKenna said Croke Part was a "must-see" facility, and that the project would add to Dublin’s attractiveness as a tourist destination and would provide six new full-time jobs and 10 part-time jobs, as well as 50 jobs during the construction stage.
Irish Examiner
www.buckplanning.ie
Wednesday, 28 September 2011
GAA could add abseiling to thrills and spills of Croker
VISITORS to Croke Park may soon enjoy the thrill of jumping off the stadium’s roof onto Hill 16 under plans being proposed by the GAA.
A sitting of An Bord Pleanála in Dublin heard yesterday that the construction of a roof walkway on Croke Park would create a "unique" tourist attraction which would allow 360-degree views of the city and many of its famous landmarks.
Under plans developed by the GAA, visitors on the proposed Croke Park Rooftop Tour will also be able to abseil or zipline from the 35m roof.
Croke Park stadium manager, Peter McKenna said the project would offer visitors "a thrill in a safe environment" and an "OMG experience".
However, representatives of local residents walked out of yesterday’s hearing in protest at the board’s refusal to adjourn the hearing after they had requested that the planning authority investigate alleged irregularities.
A residents group, the Croke Park Streets Committee, said it was withdrawing "under protest". The group’s spokesman, Eamonn O’Brien, said the hearing was being boycotted by all residents in protest at their treatment under the planning system.
However, Mr O’Brien declined to details the group’s complaint.
In the past, residents have expressed concern at how all 55 applications for planning permission made by Croke Park in recent years have been approved.
They have also criticised An Bord Pleanála for approving a handball and sports centre, despite a recommendation by the board’s inspector to refuse it planning permission.
The GAA estimates that the rooftop facility will attract between 8,000 and 19,000 visitors a year, with about one quarter of these taking the opportunity to abseil or zipline from the roof.
Permission for the project was granted with 13 conditions by Dublin City Council last April but is under appeal by residents.
Planning consultant Brendan Buck said the GAA was concerned that a condition stipulating opening hours for the roof should be 9am to 6pm was "unduly restrictive".
Mr Buck said it was hoped the facility would attract some of the estimated 89,000 people who visit the GAA museum in Croke Park each year.
He claimed the rooftop walkway would need at least 8,000 visitors per annum to make it viable.
There will be five viewing platforms, including a pitch-viewing cabin with a glass floor.
Mr Buck said concerns about visitors being able to overlook local schools and houses had been addressed by telescopes being fixed at certain angles.
He told the hearing that the project was "a tourism legacy for current and future generations".
Mr McKenna said Croke Part was a "must-see" facility, and that the project would add to Dublin’s attractiveness as a tourist destination and would provide six new full-time jobs and 10 part-time jobs, as well as 50 jobs during the construction stage.
Irish Examiner
www.buckplanning.ie
A sitting of An Bord Pleanála in Dublin heard yesterday that the construction of a roof walkway on Croke Park would create a "unique" tourist attraction which would allow 360-degree views of the city and many of its famous landmarks.
Under plans developed by the GAA, visitors on the proposed Croke Park Rooftop Tour will also be able to abseil or zipline from the 35m roof.
Croke Park stadium manager, Peter McKenna said the project would offer visitors "a thrill in a safe environment" and an "OMG experience".
However, representatives of local residents walked out of yesterday’s hearing in protest at the board’s refusal to adjourn the hearing after they had requested that the planning authority investigate alleged irregularities.
A residents group, the Croke Park Streets Committee, said it was withdrawing "under protest". The group’s spokesman, Eamonn O’Brien, said the hearing was being boycotted by all residents in protest at their treatment under the planning system.
However, Mr O’Brien declined to details the group’s complaint.
In the past, residents have expressed concern at how all 55 applications for planning permission made by Croke Park in recent years have been approved.
They have also criticised An Bord Pleanála for approving a handball and sports centre, despite a recommendation by the board’s inspector to refuse it planning permission.
The GAA estimates that the rooftop facility will attract between 8,000 and 19,000 visitors a year, with about one quarter of these taking the opportunity to abseil or zipline from the roof.
Permission for the project was granted with 13 conditions by Dublin City Council last April but is under appeal by residents.
Planning consultant Brendan Buck said the GAA was concerned that a condition stipulating opening hours for the roof should be 9am to 6pm was "unduly restrictive".
Mr Buck said it was hoped the facility would attract some of the estimated 89,000 people who visit the GAA museum in Croke Park each year.
He claimed the rooftop walkway would need at least 8,000 visitors per annum to make it viable.
There will be five viewing platforms, including a pitch-viewing cabin with a glass floor.
Mr Buck said concerns about visitors being able to overlook local schools and houses had been addressed by telescopes being fixed at certain angles.
He told the hearing that the project was "a tourism legacy for current and future generations".
Mr McKenna said Croke Part was a "must-see" facility, and that the project would add to Dublin’s attractiveness as a tourist destination and would provide six new full-time jobs and 10 part-time jobs, as well as 50 jobs during the construction stage.
Irish Examiner
www.buckplanning.ie
Sunday, 25 September 2011
Gas exploration firm says 'no danger to health or environment'
The Australian company planning to build as many as 500 gas wells on thousands of acres in the north-west region denied yesterday it will use chemicals linked to cancer and tap water pollution.
According to the Irish Independent, Tamboran has been awarded the licence to make preliminary drillings for onshore natural gas in the Lough Allen basin, which takes in all of North Leitrim, and parts of counties Sligo, Roscommon, west Cavan and Donegal.
The volume of gas trapped in shale rock has been estimated to be worth tens of billions of euro.
Hundreds of people have been attending public meetings in the north-west where they were told huge stretches of water could be at risk of pollution from the project because of the controversial method of 'fracking' -- or hydraulic fracturing -- used to obtain the gas below the surface.
Fracking has come under scrutiny internationally due to concerns about environmental and health safety and has been suspended or banned in some countries, including France and parts of the US and Britain. The practice has also been blamed for causing earthquakes in the UK.
Fracking for underground gas was suspended recently near Blackpool after the operation caused mini-earthquakes.
Such tremors are caused when water pumped underground at high pressure has nowhere to go and effectively causes rock explosions, sometimes with a magnitude of 4.7.
A 2010 study by the US EPA "discovered contaminants in drinking water including: arsenic and copper adjacent to drilling operations which can cause illnesses including cancer, kidney failure, anaemia and fertility problems".
The EPA said a broad range of sources were being investigated, including agricultural activity, but noted gas drilling as a potential cause.
At an Oireachtas committee yesterday, Tamboran CEO Richard Moorman said the firm planned to construct as many as 500 gas wells, one every two to four kilometres, mainly in north Leitrim and Cavan, using one million gallons of water per well.
The company is also examining sub-structures in Bundoran, Mullaghmore, and Benbulben.
Mr Moorman insisted they would not use any chemicals to help force out the gas from the rocks below ground.
An Taisce chairman Charles Stanley-Smith called for a ban on fracking in Ireland and said the fluids used elsewhere "contain known and potential carcinogens".
"It was also linked to leaks of radioactive gases, contamination of water supplies, reproduction problems and damage to aquatic life, he told the Oireachtas Environment Committee.
Ciaran O hObain, principal officer at the Department of Energy and Natural Resources, told the committee such a project would have to be subject of an environmental impact report, as well as approval from the Environmental Protection Agency , local authorities, An Bord Pleanala, and the department itself.
He said natural gas production could start by 2019 if the project is approved.
Sligo Today
www.buckplanning.ie
According to the Irish Independent, Tamboran has been awarded the licence to make preliminary drillings for onshore natural gas in the Lough Allen basin, which takes in all of North Leitrim, and parts of counties Sligo, Roscommon, west Cavan and Donegal.
The volume of gas trapped in shale rock has been estimated to be worth tens of billions of euro.
Hundreds of people have been attending public meetings in the north-west where they were told huge stretches of water could be at risk of pollution from the project because of the controversial method of 'fracking' -- or hydraulic fracturing -- used to obtain the gas below the surface.
Fracking has come under scrutiny internationally due to concerns about environmental and health safety and has been suspended or banned in some countries, including France and parts of the US and Britain. The practice has also been blamed for causing earthquakes in the UK.
Fracking for underground gas was suspended recently near Blackpool after the operation caused mini-earthquakes.
Such tremors are caused when water pumped underground at high pressure has nowhere to go and effectively causes rock explosions, sometimes with a magnitude of 4.7.
A 2010 study by the US EPA "discovered contaminants in drinking water including: arsenic and copper adjacent to drilling operations which can cause illnesses including cancer, kidney failure, anaemia and fertility problems".
The EPA said a broad range of sources were being investigated, including agricultural activity, but noted gas drilling as a potential cause.
At an Oireachtas committee yesterday, Tamboran CEO Richard Moorman said the firm planned to construct as many as 500 gas wells, one every two to four kilometres, mainly in north Leitrim and Cavan, using one million gallons of water per well.
The company is also examining sub-structures in Bundoran, Mullaghmore, and Benbulben.
Mr Moorman insisted they would not use any chemicals to help force out the gas from the rocks below ground.
An Taisce chairman Charles Stanley-Smith called for a ban on fracking in Ireland and said the fluids used elsewhere "contain known and potential carcinogens".
"It was also linked to leaks of radioactive gases, contamination of water supplies, reproduction problems and damage to aquatic life, he told the Oireachtas Environment Committee.
Ciaran O hObain, principal officer at the Department of Energy and Natural Resources, told the committee such a project would have to be subject of an environmental impact report, as well as approval from the Environmental Protection Agency , local authorities, An Bord Pleanala, and the department itself.
He said natural gas production could start by 2019 if the project is approved.
Sligo Today
www.buckplanning.ie
Bunratty theme park planned
PLANS FOR a multimillion-euro themed adventure park beside Bunratty Castle and Folk Park are being pursued by Shannon Development.
The regional development agency is seeking expressions of interest from third parties to develop a major tourism development on a 120-acre land bank in Bunratty, Co Clare, which would boost tourism revenues in the midwest.
The agency states that it will complement Bunratty Castle and Folk Park, which occupies less than a third of the lands that will accommodate the new tourist attraction. The castle and folk park is already one of Ireland’s most popular tourist attractions with 400,000 visitors annually.
In tender documentation, Shannon Development states that there are gaps in the market for a themed adventure park aimed at the family market and the location on a major inter-urban motorway and proximity to Shannon International Airport are added benefits.
Another proposal for the land bank put forward by the agency is an “Ireland through the ages history and cultural centre”, incorporating a diaspora visitor centre and genealogy centre.
The agency’s research indicates that there may be an opportunity to develop a “one-stop shop” for visitors to learn as much as possible about Ireland’s history and culture in one location.
The tender documentation states: “It is estimated that the size of the available market for cultural tourism in Ireland from main source markets of Britain, United States, France and Germany to be of the order of 65 million.”
Sample themes/interpretation spaces could include: Ireland and the world; timeline of Irish history; diaspora centre; genealogy centre and county hall of fame; culture and activity orientation centre; retail, restaurant etc.
A third approach for the land bank, according to the agency, are innovative proposals relating to “activity, outdoor adventure and soft-adventure” tourism.
According to Shannon Development, its preferred option is to enter a development and management agreement with a party for the development and operation of the attraction. It says at least five candidates will be invited to submit detailed tenders.
Shannon Development says the 120 acres are within a strategic development zone that allows a wide range of developments to be considered. The documentation states: “Informal discussions have taken place with Clare County Council who have indicated that they would welcome a tourism-related planning application for this strategic site.”
Vice-president of the Irish Hotels Federation Michael Vaughan said yesterday: “Hats off to Shannon Development on this.
“We are delighted that they are taking this initiative and such a project could lead to a reversal in the tourist fortunes of Limerick and east Clare.”
The Lahinch-based hotelier added: “Bunratty does need to reinvent itself and this innovative idea is very worthwhile. This proposal could also lead to a resurgency in Shannon Development’s core competency of developing tourism products. It has been a long time since the agency developed a new product.”
Mr Vaughan said that because of Shannon Development’s finances, it required a third party to pursue the opportunity. Interested parties have until March 30th to lodge their expressions of interest.
Irish Times
www.buckplanning.ie
The regional development agency is seeking expressions of interest from third parties to develop a major tourism development on a 120-acre land bank in Bunratty, Co Clare, which would boost tourism revenues in the midwest.
The agency states that it will complement Bunratty Castle and Folk Park, which occupies less than a third of the lands that will accommodate the new tourist attraction. The castle and folk park is already one of Ireland’s most popular tourist attractions with 400,000 visitors annually.
In tender documentation, Shannon Development states that there are gaps in the market for a themed adventure park aimed at the family market and the location on a major inter-urban motorway and proximity to Shannon International Airport are added benefits.
Another proposal for the land bank put forward by the agency is an “Ireland through the ages history and cultural centre”, incorporating a diaspora visitor centre and genealogy centre.
The agency’s research indicates that there may be an opportunity to develop a “one-stop shop” for visitors to learn as much as possible about Ireland’s history and culture in one location.
The tender documentation states: “It is estimated that the size of the available market for cultural tourism in Ireland from main source markets of Britain, United States, France and Germany to be of the order of 65 million.”
Sample themes/interpretation spaces could include: Ireland and the world; timeline of Irish history; diaspora centre; genealogy centre and county hall of fame; culture and activity orientation centre; retail, restaurant etc.
A third approach for the land bank, according to the agency, are innovative proposals relating to “activity, outdoor adventure and soft-adventure” tourism.
According to Shannon Development, its preferred option is to enter a development and management agreement with a party for the development and operation of the attraction. It says at least five candidates will be invited to submit detailed tenders.
Shannon Development says the 120 acres are within a strategic development zone that allows a wide range of developments to be considered. The documentation states: “Informal discussions have taken place with Clare County Council who have indicated that they would welcome a tourism-related planning application for this strategic site.”
Vice-president of the Irish Hotels Federation Michael Vaughan said yesterday: “Hats off to Shannon Development on this.
“We are delighted that they are taking this initiative and such a project could lead to a reversal in the tourist fortunes of Limerick and east Clare.”
The Lahinch-based hotelier added: “Bunratty does need to reinvent itself and this innovative idea is very worthwhile. This proposal could also lead to a resurgency in Shannon Development’s core competency of developing tourism products. It has been a long time since the agency developed a new product.”
Mr Vaughan said that because of Shannon Development’s finances, it required a third party to pursue the opportunity. Interested parties have until March 30th to lodge their expressions of interest.
Irish Times
www.buckplanning.ie
Promoters of super-casino vow to press ahead with €460m complex
PROMOTERS of the proposed super-casino in Tipperary have vowed to press ahead with their plans despite the Government yesterday ruling out legislation allowing so-called large resort-style casinos.
Justice Minister Alan Shatter appeared to blow proposals for such casinos out of the water as he said the social impact of them was "likely to be negative" and that the Government "could not ignore" concerns about their viability.
The people behind the Tipperary Venue, which secured planning permission for a €460 million hotel and casino development on an 800-acre site in Co Tipperary, said they intend to engage with the Department of Justice to clarify what type of casino will be allowed.
However, the planned 2,000-table casino included in the Tipperary Venue proposal is at odds with the likely maximum of 40 tables Mr Shatter spoke of yesterday.
The large-scale development has been backed politically by Independent TD for Tipperary North Michael Lowry, who said he was "disappointed" by the Government’s decision to refuse it, "particularly in the context of the announcements that we’ve had regarding job losses this year".
Asked if the announcement proved he had lost any influence in government circles, Mr Lowry replied: "That is a factual position. I brought it as far as I could and we made fantastic progress and this is a political decision by the two political parties in government, Fine Gael and Labour."
Businessman Richard Quirke, the main backer of the Tipperary Venue, will have to decide how to continue, Mr Lowry said.
"The casino is one element of an overall development. Richard Quirke’s stated position all the time has been that if the licence was granted, this development would proceed at the one time.
"What he has to now look at is the feasibility of putting in place the other elements of the development, without the casino or with a reduced-size casino."
In a statement, the Tipperary Venue said it "welcomes" the fact that Mr Shatter intends to start preparations for the "updating and modernisation" of gaming legislation.
"In the context of the Tipperary Venue it is our intention to engage with the Department to determine the definition and extent of ‘modest’ casinos," the statement read.
"We will make constructive submissions and arguments to ensure that the terms and scale of the license granted, will, when incorporated into the development, be viable."
In June, An Bord Pleanála went against the recommendation of its inspector by granting permission for much of Mr Quirke’s proposals for the site at Two-Mile Borris outside Thurles.
It gave the go-ahead for a 500-bed hotel/casino, golf course, turf and all-weather horseracing tracks, greyhound racing circuit, and a replica of the White House, while refusing permission for a 15,000-capacity indoor entertainment venue.
www.examiner.ie
www.buckplanning.ie
Justice Minister Alan Shatter appeared to blow proposals for such casinos out of the water as he said the social impact of them was "likely to be negative" and that the Government "could not ignore" concerns about their viability.
The people behind the Tipperary Venue, which secured planning permission for a €460 million hotel and casino development on an 800-acre site in Co Tipperary, said they intend to engage with the Department of Justice to clarify what type of casino will be allowed.
However, the planned 2,000-table casino included in the Tipperary Venue proposal is at odds with the likely maximum of 40 tables Mr Shatter spoke of yesterday.
The large-scale development has been backed politically by Independent TD for Tipperary North Michael Lowry, who said he was "disappointed" by the Government’s decision to refuse it, "particularly in the context of the announcements that we’ve had regarding job losses this year".
Asked if the announcement proved he had lost any influence in government circles, Mr Lowry replied: "That is a factual position. I brought it as far as I could and we made fantastic progress and this is a political decision by the two political parties in government, Fine Gael and Labour."
Businessman Richard Quirke, the main backer of the Tipperary Venue, will have to decide how to continue, Mr Lowry said.
"The casino is one element of an overall development. Richard Quirke’s stated position all the time has been that if the licence was granted, this development would proceed at the one time.
"What he has to now look at is the feasibility of putting in place the other elements of the development, without the casino or with a reduced-size casino."
In a statement, the Tipperary Venue said it "welcomes" the fact that Mr Shatter intends to start preparations for the "updating and modernisation" of gaming legislation.
"In the context of the Tipperary Venue it is our intention to engage with the Department to determine the definition and extent of ‘modest’ casinos," the statement read.
"We will make constructive submissions and arguments to ensure that the terms and scale of the license granted, will, when incorporated into the development, be viable."
In June, An Bord Pleanála went against the recommendation of its inspector by granting permission for much of Mr Quirke’s proposals for the site at Two-Mile Borris outside Thurles.
It gave the go-ahead for a 500-bed hotel/casino, golf course, turf and all-weather horseracing tracks, greyhound racing circuit, and a replica of the White House, while refusing permission for a 15,000-capacity indoor entertainment venue.
www.examiner.ie
www.buckplanning.ie
Eyre Square planning appeal
A decision by Galway City Council to permit the demolition of the Eyre Square entrance to the Eyre Square Shopping Centre has been appealed to An Bord Pleanála. Shancar Development Limited had been granted permission to demolish the existing building and construct a new building for retail use that would consist of basement, ground and two upper floors, and which would link into the existing mall.
Nearby traders had objected to the plans, suggesting that the proposed new retail unit would limit access from Eyre Square for customers to existing retail units in the centre, in addition to diminishing the presence and visibility of existing units.
Galway Independent
www.buckplanning.ie
Nearby traders had objected to the plans, suggesting that the proposed new retail unit would limit access from Eyre Square for customers to existing retail units in the centre, in addition to diminishing the presence and visibility of existing units.
Galway Independent
www.buckplanning.ie
Sea plane flights are cleared for take-off
COMMERCIAL sea plane flights between Dublin and the mid-west were given official approval yesterday.
Mountshannon on Lough Derg was designated a base for sea plane traffic by the Irish Aviation Authority.
The last scheduled sea plane flight in this country took off from Foynes in 1945 and was piloted by Captain Charles Blair, the husband of actress Maureen O’Hara.
Chartered sea planes operated from Foynes until October 1949.
Yesterday, Harbour Flights secured a licence to operate a service.
Emelyn Heapes, its chief executive, said it will seek licences for sea plane flights between Dublin Bay, Galway, Limerick, Foynes and Cobh, Co Cork.
"We want to connect Ireland and give a better way to travel around this country much quicker for tourists and business people alike."
Mr Heapes said the plan was to operate between Dublin and the docks in Galway.
"Harbour Flights eliminates all airport congestion, security and all the delay and waits. It’s a simple way of transportation. It is nothing new. Foynes led the way in the world in flying boats in the 1940s."
Mr Heapes said they have several aircraft including a 19-seater. The longest flight they plan would involve a journey from Dublin to the Aran Islands and take about 40 minutes.
Mr Heapes said costs would vary from €50 to €160 one way, depending on the route.
Margaret O’Shaughnessy, of the Foynes Flying Boat Museum, said the return of sea planes providing a commercial service to Foynes would present a tremendous tourism opportunity as visitors could enjoy the experience of flying in a sea plane with a visit to the museum.
She said Harbour Flights had been given planning permission to fly into Foynes.
"We now expect them to proceed immediately to apply for the necessary licence to operate flights in and out of Foynes having been given the licence for Mountshannon.
"This is huge news for us, given our history with sea planes and the museum. I am just back from a promotion visit to the US and we got a fantastic response. The fact that we will now be able to offer flights on sea planes will just be mega for Foynes and tourism in the wider region."
A Limerick boat club has objected to Harbour Flights getting planning to land near the Shannon bridge, claiming it would present a danger to oars-people using that stretch of the river. That matter is with An Bord Pleanála.
Irish Examiner
www.buckplanning.ie
Mountshannon on Lough Derg was designated a base for sea plane traffic by the Irish Aviation Authority.
The last scheduled sea plane flight in this country took off from Foynes in 1945 and was piloted by Captain Charles Blair, the husband of actress Maureen O’Hara.
Chartered sea planes operated from Foynes until October 1949.
Yesterday, Harbour Flights secured a licence to operate a service.
Emelyn Heapes, its chief executive, said it will seek licences for sea plane flights between Dublin Bay, Galway, Limerick, Foynes and Cobh, Co Cork.
"We want to connect Ireland and give a better way to travel around this country much quicker for tourists and business people alike."
Mr Heapes said the plan was to operate between Dublin and the docks in Galway.
"Harbour Flights eliminates all airport congestion, security and all the delay and waits. It’s a simple way of transportation. It is nothing new. Foynes led the way in the world in flying boats in the 1940s."
Mr Heapes said they have several aircraft including a 19-seater. The longest flight they plan would involve a journey from Dublin to the Aran Islands and take about 40 minutes.
Mr Heapes said costs would vary from €50 to €160 one way, depending on the route.
Margaret O’Shaughnessy, of the Foynes Flying Boat Museum, said the return of sea planes providing a commercial service to Foynes would present a tremendous tourism opportunity as visitors could enjoy the experience of flying in a sea plane with a visit to the museum.
She said Harbour Flights had been given planning permission to fly into Foynes.
"We now expect them to proceed immediately to apply for the necessary licence to operate flights in and out of Foynes having been given the licence for Mountshannon.
"This is huge news for us, given our history with sea planes and the museum. I am just back from a promotion visit to the US and we got a fantastic response. The fact that we will now be able to offer flights on sea planes will just be mega for Foynes and tourism in the wider region."
A Limerick boat club has objected to Harbour Flights getting planning to land near the Shannon bridge, claiming it would present a danger to oars-people using that stretch of the river. That matter is with An Bord Pleanála.
Irish Examiner
www.buckplanning.ie
'EXCLUSIVE' ESTATE FACES BULLDOZERS
WEXFORD County Council is expected to get permission soon from the Department of the Environment to call in the 'ghost-busters'.... and bulldoze a ghost estate.
The Department recently blocked a plan by the Council to demolish Coill na Giuise on the Ballytegan Road in Gorey but has had a change of heart, according to an official.
Director of Services Eamonn Hore told last week's Wexford County Council meeting that the Council recommended that the houses should come down but the Department said 'no'. Undeterred, local authority officials went back to the Department and repeated the request.
'They have now re-engaged on that basis. It looks like they will see it the same way we do,' said Mr. Hore. He told Councillors that he would have more definite information soon.
Cllr. Malcolm Byrne criticised an earlier instruction from the Department that estates like Coill na Giuise should be retained and secured. ' The view of Councillors in this area is that they should be knocked,' he said.
Instead, the Council has to spend money making them safe, he said.
'If the best result is to knock it, we should knock it, rather than spending thousands of Euro every year on making it safe.
'If they are never going to be finished, there is no point in leaving them there.'
'No doubt more damage will have been done in 12 months time and they will also have attracted anti-social behaviour,' said Cllr. Byrne. ' The money would be better off spent on bulldozing these estates.'
He said Coill na Giuise could not be saved and in his view, it would make far more sense to demolish it.
Coill na Giuise was branded as 'an exclusive development of three and four bedroom homes', when launched on the market. A planning notice from 2008 showed that 79 houses were planned on site, though an earlier application by a different company was for 65 homes.
Work stopped on site around three years ago when the developer ran into difficulties. The site has lain idle since.
Now, the seven partially completed houses lie derelict, with their windows smashed, and internal walls incomplete. Scaffolding still stands around one of the buildings, while bales of building blocks and other building materials lie amongst the forest of weeds that have sprung up across the development. The site is bounded along the Ballytegan Road by a wall and footpath.
The site is accessible to pedestrians, as the fencing at the entrance to the site has fallen down. Broken bottles and indiscriminate dumping are in evidence on the site.
Cllr. Byrne said this week the site is in an 'appalling state'.
'Visually it looks awful, and it's attracting dumping and anti-social behaviour,' he said. It's completely unfair on the residents living nearby. For anybody who walks by, it's horrendous. The only thing was, we got a bit of extra footpath.'
FINTAN LAMBE
Wexford People
www.buckplanning.ie
The Department recently blocked a plan by the Council to demolish Coill na Giuise on the Ballytegan Road in Gorey but has had a change of heart, according to an official.
Director of Services Eamonn Hore told last week's Wexford County Council meeting that the Council recommended that the houses should come down but the Department said 'no'. Undeterred, local authority officials went back to the Department and repeated the request.
'They have now re-engaged on that basis. It looks like they will see it the same way we do,' said Mr. Hore. He told Councillors that he would have more definite information soon.
Cllr. Malcolm Byrne criticised an earlier instruction from the Department that estates like Coill na Giuise should be retained and secured. ' The view of Councillors in this area is that they should be knocked,' he said.
Instead, the Council has to spend money making them safe, he said.
'If the best result is to knock it, we should knock it, rather than spending thousands of Euro every year on making it safe.
'If they are never going to be finished, there is no point in leaving them there.'
'No doubt more damage will have been done in 12 months time and they will also have attracted anti-social behaviour,' said Cllr. Byrne. ' The money would be better off spent on bulldozing these estates.'
He said Coill na Giuise could not be saved and in his view, it would make far more sense to demolish it.
Coill na Giuise was branded as 'an exclusive development of three and four bedroom homes', when launched on the market. A planning notice from 2008 showed that 79 houses were planned on site, though an earlier application by a different company was for 65 homes.
Work stopped on site around three years ago when the developer ran into difficulties. The site has lain idle since.
Now, the seven partially completed houses lie derelict, with their windows smashed, and internal walls incomplete. Scaffolding still stands around one of the buildings, while bales of building blocks and other building materials lie amongst the forest of weeds that have sprung up across the development. The site is bounded along the Ballytegan Road by a wall and footpath.
The site is accessible to pedestrians, as the fencing at the entrance to the site has fallen down. Broken bottles and indiscriminate dumping are in evidence on the site.
Cllr. Byrne said this week the site is in an 'appalling state'.
'Visually it looks awful, and it's attracting dumping and anti-social behaviour,' he said. It's completely unfair on the residents living nearby. For anybody who walks by, it's horrendous. The only thing was, we got a bit of extra footpath.'
FINTAN LAMBE
Wexford People
www.buckplanning.ie
Government’s new bill will block plans for Twomileborris ‘super-casino’
THE GOVERNMENT has confirmed plans to prepare an overhaul of Ireland’s gambling laws – in a move that will block the inclusion of a so-called ‘super-casino’ in Twomileborris, Co Tipperary.
Justice minister Alan Shatter said that the government had given him approval to work on new legislation modernising Ireland’s betting laws, to address a number of shortcomings in the current legislation.
In a statement, however, Shatter said the new legislation would not provide for “large resort-style casinos, such as have been proposed by some promoters”.
The laws would create provisions for more medium-sized developments, however.
“The number will be limited and every application will be subjected to vigorous checks, including deep and extensive checks on the promoters.”
“Only those promoters meeting high standards of personal and financial probity will be considered for a licence,” Shatter said.
Larger casino developments would “attract other activities that are not desirable and pose a particular risk to vulnerable people”, leading to an overall negative social impact.
Provision for more modest developments would be allowed, Shatter said, because the government had recognised the public’s support for “some form of casino entertainment”.
The casino element of the Twomileborris development had been dependant on a reform of gambling laws, which had been anticipated to liberalise the current rules which limit casinos to members-only status.
Shatter clarified on this lunchtime’s News at One that the number of tables proposed for the Tipperary complex – around 2,000 – would be deemed beyond the numbers allowed under the new legislation.
Casinos with 500 tables would also be considered too large, he said, indicating that the government would not provide for casinos larger than the private members’ clubs already in existence here.
An Bord Pleanála had given approval for the ambitious development in June, approving almost all elements of the proposed complex in Co Tipperary.
Aside from the ‘super-casino’, the complex is to include a 500-bedroom hotel, a racetrack, golf course and full-size replica of the White House.
The board had deemed proposals for a 15,000-seater music venue to be “inappropriate”. North Tipperary County Council had previously given its approval to the entire plans.
The overall development, estimated to cost €30m, was intended to create 1,000 construction jobs and to employ another 2,000 people upon completion.
A spokesperson for developer Richard Quirke, who is behind the plans for Twomileborris, said Quirke would meet his team later this week to discuss his response to the decision.
www.thejournal.ie
www.buckplanning.ie
Justice minister Alan Shatter said that the government had given him approval to work on new legislation modernising Ireland’s betting laws, to address a number of shortcomings in the current legislation.
In a statement, however, Shatter said the new legislation would not provide for “large resort-style casinos, such as have been proposed by some promoters”.
The laws would create provisions for more medium-sized developments, however.
“The number will be limited and every application will be subjected to vigorous checks, including deep and extensive checks on the promoters.”
“Only those promoters meeting high standards of personal and financial probity will be considered for a licence,” Shatter said.
Larger casino developments would “attract other activities that are not desirable and pose a particular risk to vulnerable people”, leading to an overall negative social impact.
Provision for more modest developments would be allowed, Shatter said, because the government had recognised the public’s support for “some form of casino entertainment”.
The casino element of the Twomileborris development had been dependant on a reform of gambling laws, which had been anticipated to liberalise the current rules which limit casinos to members-only status.
Shatter clarified on this lunchtime’s News at One that the number of tables proposed for the Tipperary complex – around 2,000 – would be deemed beyond the numbers allowed under the new legislation.
Casinos with 500 tables would also be considered too large, he said, indicating that the government would not provide for casinos larger than the private members’ clubs already in existence here.
An Bord Pleanála had given approval for the ambitious development in June, approving almost all elements of the proposed complex in Co Tipperary.
Aside from the ‘super-casino’, the complex is to include a 500-bedroom hotel, a racetrack, golf course and full-size replica of the White House.
The board had deemed proposals for a 15,000-seater music venue to be “inappropriate”. North Tipperary County Council had previously given its approval to the entire plans.
The overall development, estimated to cost €30m, was intended to create 1,000 construction jobs and to employ another 2,000 people upon completion.
A spokesperson for developer Richard Quirke, who is behind the plans for Twomileborris, said Quirke would meet his team later this week to discuss his response to the decision.
www.thejournal.ie
www.buckplanning.ie
Mahon tribunal report out before 2012
The final report of the Mahon tribunal into planning matters is expected within three months, a spokesman for the Minister for the Environment has indicated.
“The Minister is anxious to see it published as soon as possible and hopefully it will be out before the end of the year,” the spokesman said yesterday.
The tribunal was established in 1997 and has held more than 900 days of public sittings. It is expected to be critical of former taoiseach Bertie Ahern.
Irish Times
www.buckplanning.ie
“The Minister is anxious to see it published as soon as possible and hopefully it will be out before the end of the year,” the spokesman said yesterday.
The tribunal was established in 1997 and has held more than 900 days of public sittings. It is expected to be critical of former taoiseach Bertie Ahern.
Irish Times
www.buckplanning.ie
Varadkar suspends Metro West
Minister for Transport Leo Varadkar confirmed today he has suspended the planning process for Metro West as funding to construct the new railway will not be available in the foreseeable future.
He said he had instructed the Railway Procurement Agency to withdraw its application for a Railway Order from An Bord Pleanála on the advice of the National Transport Authority.
“Metro West was to be procured as a Public Private Partnership (PPP)..However, a significant Exchequer contribution would also have been required. The successful awarding of a major PPP contract involving private funding is challenging at any time but particularly in current circumstances,” he said.
“No majorPPP project has secured funding since the financial crisis began three years
ago. Until financial credibility is restored, the international debt funding market will be reluctant to lend funds to finance projects in Ireland, the repayment of which is ultimately dependant on the State.
"Moreover, the Exchequer will not be able to make its contribution to the cost in the
foreseeable future.”
Mr Varadkar said Metro West had always been regarded as a long-term project and that many of the communities that it would have served had not materialised due to the
collapse in home building.
“This does not mean that Metro West has been cancelled. However, with very limited funding available for capital projects over the next few years, I did not consider it to be a good use of taxpayers’ money to advance Metro West any further through the planning process, as I do not know when we will be able to build it.
“By the time we are able to build, it’s likely that planning and environmental laws will have changed and railway technology will be different. So we would then have to go back over it all again anyway.”
Irish Times
www.buckplanning.ie
He said he had instructed the Railway Procurement Agency to withdraw its application for a Railway Order from An Bord Pleanála on the advice of the National Transport Authority.
“Metro West was to be procured as a Public Private Partnership (PPP)..However, a significant Exchequer contribution would also have been required. The successful awarding of a major PPP contract involving private funding is challenging at any time but particularly in current circumstances,” he said.
“No majorPPP project has secured funding since the financial crisis began three years
ago. Until financial credibility is restored, the international debt funding market will be reluctant to lend funds to finance projects in Ireland, the repayment of which is ultimately dependant on the State.
"Moreover, the Exchequer will not be able to make its contribution to the cost in the
foreseeable future.”
Mr Varadkar said Metro West had always been regarded as a long-term project and that many of the communities that it would have served had not materialised due to the
collapse in home building.
“This does not mean that Metro West has been cancelled. However, with very limited funding available for capital projects over the next few years, I did not consider it to be a good use of taxpayers’ money to advance Metro West any further through the planning process, as I do not know when we will be able to build it.
“By the time we are able to build, it’s likely that planning and environmental laws will have changed and railway technology will be different. So we would then have to go back over it all again anyway.”
Irish Times
www.buckplanning.ie
Corrib work continued despite protest - Shell
SHELL HAS said that all work on the Corrib gas project continued as scheduled yesterday in response to claims by a protest group that a “day of action” had disrupted deliveries to the company’s site in north Mayo.
Almost 20 Shell to Sea protesters had gathered in Aughoose, the preparatory site for the proposed underwater tunnel for the Corrib gas pipeline.
“The day was a success,” Shell to Sea’s Terence Conway said, “because all deliveries have been abandoned. The protests against this project will continue.”
However, the company said it was business as usual.
There were no reported incidents during the protest, which was overseen by a small number of gardaí and members of the IRMS security company, employed by Shell.
Sara Bassiuoni, the Amnesty International-Front Line human rights observer who has been assigned to monitor the response to demonstrations at the Corrib gas project, was also present.
The Pobal Chill Chomáin community group, which opposes the project in its present configuration, was not represented.
Spokesman Willie Corduff, one of five men imprisoned in 2005 over opposition to the Corrib gas project, said that local people were putting their trust in the courts.
A High Court judicial review of permissions granted for the work is due to be heard on October 11th.
The judicial review was sought by An Taisce and local residents into permissions granted by An Bord Pleanála and the then acting minister for communications, energy and natural resources, Pat Carey, for the pipeline and the plan of development under section 40 of the Gas Act.
Irish Times
www.buckplanning.ie
Almost 20 Shell to Sea protesters had gathered in Aughoose, the preparatory site for the proposed underwater tunnel for the Corrib gas pipeline.
“The day was a success,” Shell to Sea’s Terence Conway said, “because all deliveries have been abandoned. The protests against this project will continue.”
However, the company said it was business as usual.
There were no reported incidents during the protest, which was overseen by a small number of gardaí and members of the IRMS security company, employed by Shell.
Sara Bassiuoni, the Amnesty International-Front Line human rights observer who has been assigned to monitor the response to demonstrations at the Corrib gas project, was also present.
The Pobal Chill Chomáin community group, which opposes the project in its present configuration, was not represented.
Spokesman Willie Corduff, one of five men imprisoned in 2005 over opposition to the Corrib gas project, said that local people were putting their trust in the courts.
A High Court judicial review of permissions granted for the work is due to be heard on October 11th.
The judicial review was sought by An Taisce and local residents into permissions granted by An Bord Pleanála and the then acting minister for communications, energy and natural resources, Pat Carey, for the pipeline and the plan of development under section 40 of the Gas Act.
Irish Times
www.buckplanning.ie
Shatter to block resort-style casinos
PLANS FOR a €460 million casino in Co Tipperary will be blocked by new legislation to regulate gambling being introduced Minister for Justice Alan Shatter.
The Minister announced yesterday that the Cabinet had agreed legislation that would rule out a casino on the scale of that planned at Two-Mile-Borris in the county.
In June, An Bord Pleanála granted permission for plans proposed by businessman Richard Quirke.
Mr Shatter said the new legislation, which will be ready in the spring, would allow modest-sized casinos but would prohibit large gambling resorts.
“We’ve made very specific decisions in the public interest,” the Minister said. “Those specific decisions include a decision that we will not be making provision for resort-style casinos.”
He added that the Government had agreed it was time for a comprehensive revision of gambling laws.
“The shortcomings in the current law, for example the absence of any regulation of online gambling, are exposing young people and other vulnerable persons to unacceptable risks,” he said.
“The exchequer is also being short-changed because of the absence of a taxation regime for online and other forms of remote gambling.
“The present laws are not adequate to deal even with aspects of gambling which they were intended to cover.
“For instance, attempts to curtail unlicensed private members’ clubs, including prosecutions, have been unsuccessful,” he added.
The Minister said that while no provision would be made for large resort-style casinos, there would be statutory provisions to permit modest-size casinos.
“The number will be limited and every application will be subjected to vigorous checks, including deep and extensive checks on the promoters. Only those promoters meeting high standards of personal and financial probity will be considered for a licence,” he added.
Mr Shatter accepted that while large casino developments could bring some employment benefits, the Government was concerned they could attract other activities that were not desirable and posed a risk to vulnerable people.
“It therefore concluded that, on balance, the social impact was likely to be negative.”
He also said the new legislation would prohibit fixed-odds betting terminals as their prohibition was in the public interest.
“The new legislation will deal with online and other forms of remote betting and gaming, as well as addressing loopholes. It will also take account of the blurring of the lines between betting and gambling, especially in the on-line operations.
“It will therefore cover both betting and gaming, under the collective term gambling.”
He said the current legislation was designed for a gambling sector that had changed beyond recognition.
“We need to catch up with changes in technology and in public attitudes and we need to do so without further delay.”
Mr Shatter said a new unified enforcement structure would be established and licensing and inspection duties would be brought together under his department.
“My priority is the protection of the public interest and, in particular, the protection of the vulnerable and their families. I feel this priority can best be met by what I would described as a joined-up set of controls.”
The Minister’s approach to the Tipperary casino was welcomed by An Taisce which had backed his view that there was no social benefit in a casino resort of this scale.
The Gaming and Leisure Association of Ireland also welcomed the Minister’s decision to regulate the gaming sector.
Irish Times
www.buckplanning.ie
The Minister announced yesterday that the Cabinet had agreed legislation that would rule out a casino on the scale of that planned at Two-Mile-Borris in the county.
In June, An Bord Pleanála granted permission for plans proposed by businessman Richard Quirke.
Mr Shatter said the new legislation, which will be ready in the spring, would allow modest-sized casinos but would prohibit large gambling resorts.
“We’ve made very specific decisions in the public interest,” the Minister said. “Those specific decisions include a decision that we will not be making provision for resort-style casinos.”
He added that the Government had agreed it was time for a comprehensive revision of gambling laws.
“The shortcomings in the current law, for example the absence of any regulation of online gambling, are exposing young people and other vulnerable persons to unacceptable risks,” he said.
“The exchequer is also being short-changed because of the absence of a taxation regime for online and other forms of remote gambling.
“The present laws are not adequate to deal even with aspects of gambling which they were intended to cover.
“For instance, attempts to curtail unlicensed private members’ clubs, including prosecutions, have been unsuccessful,” he added.
The Minister said that while no provision would be made for large resort-style casinos, there would be statutory provisions to permit modest-size casinos.
“The number will be limited and every application will be subjected to vigorous checks, including deep and extensive checks on the promoters. Only those promoters meeting high standards of personal and financial probity will be considered for a licence,” he added.
Mr Shatter accepted that while large casino developments could bring some employment benefits, the Government was concerned they could attract other activities that were not desirable and posed a risk to vulnerable people.
“It therefore concluded that, on balance, the social impact was likely to be negative.”
He also said the new legislation would prohibit fixed-odds betting terminals as their prohibition was in the public interest.
“The new legislation will deal with online and other forms of remote betting and gaming, as well as addressing loopholes. It will also take account of the blurring of the lines between betting and gambling, especially in the on-line operations.
“It will therefore cover both betting and gaming, under the collective term gambling.”
He said the current legislation was designed for a gambling sector that had changed beyond recognition.
“We need to catch up with changes in technology and in public attitudes and we need to do so without further delay.”
Mr Shatter said a new unified enforcement structure would be established and licensing and inspection duties would be brought together under his department.
“My priority is the protection of the public interest and, in particular, the protection of the vulnerable and their families. I feel this priority can best be met by what I would described as a joined-up set of controls.”
The Minister’s approach to the Tipperary casino was welcomed by An Taisce which had backed his view that there was no social benefit in a casino resort of this scale.
The Gaming and Leisure Association of Ireland also welcomed the Minister’s decision to regulate the gaming sector.
Irish Times
www.buckplanning.ie
Access to justice is as important as costs
THE LAW IN CRISIS: THERE IS an assumption in the memorandum of understanding between Ireland and the EU-ECB-IMF that the implementation of the recommendations of the Competition Authority and the Legal Costs Working Group will reduce legal costs. But will they and are they enough?
While there is widespread acceptance of the idea that legal costs in Ireland are too high, there is remarkably little information on what these costs actually are and reliable data on legal costs is extremely difficult to obtain.
One of the few sources of information, apart from the figures for State work published in relation to tribunals and civil and criminal legal aid, comes from judgments of the Taxing Master, who decides on appropriate costs when these have to be paid by the losing party in a contested High Court case.
Two recent rulings give useful illustrations. In July 2010 Taxing Master Charles Moran reduced by 82 per cent the fees sought for taking a successful case against the Personal Injuries Assessment Board (PIAB). They included brief fees (for preparing the case) of €110,000 each for two senior counsel and €75,000 each for two junior counsel in the High Court. He reduced them to €25,000 for the seniors, €16,670 for one junior and zero for the other, as he concluded he had not done work to justify the fee. Mr Moran retired earlier this year.
The following July the remaining Taxing Master, James Flynn, heard a claim for fees in a case taken by the Usk Residents Association against An Bord Pleanála and the Attorney General. The respondents challenged the costs claimed after they were awarded by the court to the plaintiffs in October 2009, which included a brief fee of €60,000 for the senior counsel and €40,000 for the junior counsel, with €4,000 a day in court for the senior and €2,666.66 a day for the junior. Mr Flynn allowed these fees, while reducing the solicitor’s instruction fee of €325,000 to €225,000.
This compares with a brief fee of €7,919 in the criminal legal aid scheme for a senior counsel taking on a murder case in the Central Criminal Court, with €1,736 a day in refresher fees.
So while judgments of the Taxing Master do give an insight into legal fees, they are not representative of fees as a whole.
First, they relate only to cases in the High Court, which make up only a small proportion of the business going through the courts. The Circuit Court, where most barristers appear, hears twice as many cases as the High Court, and barristers also sometimes appear in the District Court. Fees in these courts are only a fraction of those in the High Court.
Secondly, the costs going to taxation are “party and party” costs, where the loser pays, and many of these are cases taken on a “no foal, no fee” basis.
This is often the only way an individual who has suffered an injury, or whose rights have been infringed by a State body or a large organisation, can obtain justice, and the “no foal, no fee” system is a cornerstone of our current system of justice. But it means that the person buying the legal service will never have to pay for it. It also means that solicitors and barristers who take “no foal, no fee” cases – and most do, outside the big commercial firms – have to make them commercially viable over the long term. Thus for every case lost, with all that work going unpaid, a way has to be found to make it up, which will drive up the cost of the cases that are won, which are then artificially inflated. These fees in turn become the norm in other big cases.
This system has grown up in the absence of a comprehensive civil legal aid scheme, and if it were abolished overnight it would deprive great swathes of the population of access to justice. But it is a very unsatisfactory way of meeting unmet legal need, and one that has had very undesirable economic consequences.
Therefore any discussion of how to deal with legal costs must examine not only whether certain practices are anti-competitive, but the issue of access to justice for everyone, along with how the courts themselves actually work. It may well be that the reduction of legal costs will require an investment in other areas of the legal system, which could pay big dividends in the long run.
Reducing adjournments
The courts need to be examined to ensure they are working to maximum efficiency, reducing the need for adjournments. This means looking at the hours they work and providing for active case management so that lawyers meet deadlines in producing documents and preparing the case for hearing. That is likely to involve administrative assistance for judges, which is totally lacking at the moment.
It also means the State actively promoting alternatives to court, through mediation and other forms of alternative dispute resolution, which are very rarely used at present. A report from the Law Reform Commission on this awaits implementation.
Resources need to be assessed and used to maximum efficiency. For example, many courthouses around the country are only used certain weeks of the year. More sittings would help clear backlogs and when the court is not sitting they could be used for other hearings, like those of the Employment Appeals Tribunal, thus reducing its need to rent rooms.
Changing how barristers work
Various Government departments and bodies, the courts and the professions all need to engage with each other in finding ways to improve the system. Some sacred cows need to be questioned. Do we need two grades of barrister at all, when the main discernible difference between a senior counsel and a very experienced junior seems to be the ability of the former to charge higher fees? The “two-thirds” rule on senior and junior fees may have been abolished by the Bar Council, but the practice has not, as evidenced by the Taxing Master’s ruling above.
Are two counsel even necessary in most cases? The DPP now routinely briefs one, sometimes just a senior, yet District judges, in certifying for legal aid, often provide for a senior and a junior in the same case.
Proper tendering
The State can play a major role in reducing legal fees and ensuring work is more fairly distributed by insisting that all work for State agencies is tendered and panels established by open competition.
It could also impose a cap on earnings from the State by individual barristers of, say, €200,000 annually, in order to spread the work, thus reaching out beyond the golden circle at the top of the bar.
All this could save money for the State and also provide for a more efficient use of resources, which could help provide an improved legal system for everyone, which is needed.
Clearing legal aid backlogs
The State’s free legal scheme is overwhelmed and in practice mainly provides advice and representation to those involved in family law proceedings. It also runs the Refugee Legal Service. Since the recession it has faced ever increasing demands, and the waiting time for a first appointment with a solicitor can now be as much as 11 months.
There are therefore many gaps to be filled. Some are filled by the community law centres, which operate outside the State-provided systems in areas of high need, like north Dublin. The legal rights organisation, Flac, provides a service representing those whose cases raise important points of principle, as well as campaigning on legal reform. Its offspring, the Public Interest Law Alliance is attempting to interest big firms in participating in pro bono work in a systematic way, but this project is in its infancy.
Despite the dedication of all those working in these areas, they cannot ensure that people with few resources can have access to the courts when they suffer a wrong or need a dispute resolved. Many of these go to private solicitors who take their cases on a “no foal, no fee” basis. One cost-effective way of improving access to justice would be to remove the means test for legal aid, substituting a scale of fees tailored to people’s ability to pay, and contracting the additional work out to private solicitors for a set fee.
The proposals of the Legal Costs Working Group will lead to more transparency in legal costs, as it requires time-recording as the basis for fees. Transparency is urgently necessary and will reduce costs, but time-recording is a blunt instrument, and can lead to the tyranny of the need for a solicitor or a barrister to clock up “billable hours”.
It will also almost certainly lead to a reduction in the number of lawyers providing work on a pro bono (with no expectation of payment), or a “no foal, no fee”, basis. If a significant number of people then fall between the gaps it would not only contribute further to the alienation of people who are already facing hostility and exclusion from State services, it could expose us to condemnation from the European Court of Human Rights, whose ruling against Ireland provided the impetus for civil legal aid in the first place.
A deadline for reform has been imposed by the troika. This should be turned to advantage and seized as an opportunity for a holistic review of the provision of legal services to all our citizens.
Young lawyers turning to Free Legal Advice Centres for work experience
WITH YOUNG law graduates finding it difficult to embark on traditional career paths, some are turning to non-governmental agencies such as the Free Legal Advice Centres for their start.
An independent human rights organisation, Flac campaigns on a range of legal issues and also offers some basic free legal services to the public.
Current interns with the organisation, Colin Lenihan (25) from Knocknagashel, Co Kerry, and Amy McDermott (23) from Templemore, Co Tipperary, are happy to be gaining experience while helping people in need.
“One of my friends was working here and told me about it,” said Amy, who graduated with a law degree from Trinity College Dublin in 2010 before spending last year in London, where she studied international business.
“I thought that Flac was very important in what they did. I wanted to get involved and basically learn as much as I could,” she said.
Amy, like Colin, is on a one-year, partly paid internship where, after starting in July, she has been managing the telephone lines in one of the centres. Although this is not the role she may have envisaged when she began studying law in 2006, she said she had “learned loads” on account of being in a working legal office every day.
Her position in Flac has also helped her avoid emigrating for work, as many from her class in college have done, she said.
For Colin, the internship is the first step on a career path within the non-governmental organisation (NGO) sector.
After qualifying with a law degree from NUI Galway, Colin went on to do a one-year master’s in law in University College Cork.
“I like working in the NGO sector. With Flac I’m involved in policy and the lobbying side of the organisation and I enjoy it.”
The areas of work in which he has been involved are campaigns for public interest issues and co-ordinating with other NGOs that needs legal help.
However, he is under no illusions about how difficult it will be to get further work, even along a non-traditional career pathway for lawyers.
Applying for positions has been “tough enough”, he said. “There are only a certain amount of jobs out there and with the amount of unemployed solicitors and barristers looking for work, it’s going to be difficult competing with them.
“Hopefully I’ll get work. I think I will be able to. It is getting more and more difficult to grind out a career but there are still jobs out there.”
CÍAN NIHILL
Irish Times
www.buckplanning.ie
While there is widespread acceptance of the idea that legal costs in Ireland are too high, there is remarkably little information on what these costs actually are and reliable data on legal costs is extremely difficult to obtain.
One of the few sources of information, apart from the figures for State work published in relation to tribunals and civil and criminal legal aid, comes from judgments of the Taxing Master, who decides on appropriate costs when these have to be paid by the losing party in a contested High Court case.
Two recent rulings give useful illustrations. In July 2010 Taxing Master Charles Moran reduced by 82 per cent the fees sought for taking a successful case against the Personal Injuries Assessment Board (PIAB). They included brief fees (for preparing the case) of €110,000 each for two senior counsel and €75,000 each for two junior counsel in the High Court. He reduced them to €25,000 for the seniors, €16,670 for one junior and zero for the other, as he concluded he had not done work to justify the fee. Mr Moran retired earlier this year.
The following July the remaining Taxing Master, James Flynn, heard a claim for fees in a case taken by the Usk Residents Association against An Bord Pleanála and the Attorney General. The respondents challenged the costs claimed after they were awarded by the court to the plaintiffs in October 2009, which included a brief fee of €60,000 for the senior counsel and €40,000 for the junior counsel, with €4,000 a day in court for the senior and €2,666.66 a day for the junior. Mr Flynn allowed these fees, while reducing the solicitor’s instruction fee of €325,000 to €225,000.
This compares with a brief fee of €7,919 in the criminal legal aid scheme for a senior counsel taking on a murder case in the Central Criminal Court, with €1,736 a day in refresher fees.
So while judgments of the Taxing Master do give an insight into legal fees, they are not representative of fees as a whole.
First, they relate only to cases in the High Court, which make up only a small proportion of the business going through the courts. The Circuit Court, where most barristers appear, hears twice as many cases as the High Court, and barristers also sometimes appear in the District Court. Fees in these courts are only a fraction of those in the High Court.
Secondly, the costs going to taxation are “party and party” costs, where the loser pays, and many of these are cases taken on a “no foal, no fee” basis.
This is often the only way an individual who has suffered an injury, or whose rights have been infringed by a State body or a large organisation, can obtain justice, and the “no foal, no fee” system is a cornerstone of our current system of justice. But it means that the person buying the legal service will never have to pay for it. It also means that solicitors and barristers who take “no foal, no fee” cases – and most do, outside the big commercial firms – have to make them commercially viable over the long term. Thus for every case lost, with all that work going unpaid, a way has to be found to make it up, which will drive up the cost of the cases that are won, which are then artificially inflated. These fees in turn become the norm in other big cases.
This system has grown up in the absence of a comprehensive civil legal aid scheme, and if it were abolished overnight it would deprive great swathes of the population of access to justice. But it is a very unsatisfactory way of meeting unmet legal need, and one that has had very undesirable economic consequences.
Therefore any discussion of how to deal with legal costs must examine not only whether certain practices are anti-competitive, but the issue of access to justice for everyone, along with how the courts themselves actually work. It may well be that the reduction of legal costs will require an investment in other areas of the legal system, which could pay big dividends in the long run.
Reducing adjournments
The courts need to be examined to ensure they are working to maximum efficiency, reducing the need for adjournments. This means looking at the hours they work and providing for active case management so that lawyers meet deadlines in producing documents and preparing the case for hearing. That is likely to involve administrative assistance for judges, which is totally lacking at the moment.
It also means the State actively promoting alternatives to court, through mediation and other forms of alternative dispute resolution, which are very rarely used at present. A report from the Law Reform Commission on this awaits implementation.
Resources need to be assessed and used to maximum efficiency. For example, many courthouses around the country are only used certain weeks of the year. More sittings would help clear backlogs and when the court is not sitting they could be used for other hearings, like those of the Employment Appeals Tribunal, thus reducing its need to rent rooms.
Changing how barristers work
Various Government departments and bodies, the courts and the professions all need to engage with each other in finding ways to improve the system. Some sacred cows need to be questioned. Do we need two grades of barrister at all, when the main discernible difference between a senior counsel and a very experienced junior seems to be the ability of the former to charge higher fees? The “two-thirds” rule on senior and junior fees may have been abolished by the Bar Council, but the practice has not, as evidenced by the Taxing Master’s ruling above.
Are two counsel even necessary in most cases? The DPP now routinely briefs one, sometimes just a senior, yet District judges, in certifying for legal aid, often provide for a senior and a junior in the same case.
Proper tendering
The State can play a major role in reducing legal fees and ensuring work is more fairly distributed by insisting that all work for State agencies is tendered and panels established by open competition.
It could also impose a cap on earnings from the State by individual barristers of, say, €200,000 annually, in order to spread the work, thus reaching out beyond the golden circle at the top of the bar.
All this could save money for the State and also provide for a more efficient use of resources, which could help provide an improved legal system for everyone, which is needed.
Clearing legal aid backlogs
The State’s free legal scheme is overwhelmed and in practice mainly provides advice and representation to those involved in family law proceedings. It also runs the Refugee Legal Service. Since the recession it has faced ever increasing demands, and the waiting time for a first appointment with a solicitor can now be as much as 11 months.
There are therefore many gaps to be filled. Some are filled by the community law centres, which operate outside the State-provided systems in areas of high need, like north Dublin. The legal rights organisation, Flac, provides a service representing those whose cases raise important points of principle, as well as campaigning on legal reform. Its offspring, the Public Interest Law Alliance is attempting to interest big firms in participating in pro bono work in a systematic way, but this project is in its infancy.
Despite the dedication of all those working in these areas, they cannot ensure that people with few resources can have access to the courts when they suffer a wrong or need a dispute resolved. Many of these go to private solicitors who take their cases on a “no foal, no fee” basis. One cost-effective way of improving access to justice would be to remove the means test for legal aid, substituting a scale of fees tailored to people’s ability to pay, and contracting the additional work out to private solicitors for a set fee.
The proposals of the Legal Costs Working Group will lead to more transparency in legal costs, as it requires time-recording as the basis for fees. Transparency is urgently necessary and will reduce costs, but time-recording is a blunt instrument, and can lead to the tyranny of the need for a solicitor or a barrister to clock up “billable hours”.
It will also almost certainly lead to a reduction in the number of lawyers providing work on a pro bono (with no expectation of payment), or a “no foal, no fee”, basis. If a significant number of people then fall between the gaps it would not only contribute further to the alienation of people who are already facing hostility and exclusion from State services, it could expose us to condemnation from the European Court of Human Rights, whose ruling against Ireland provided the impetus for civil legal aid in the first place.
A deadline for reform has been imposed by the troika. This should be turned to advantage and seized as an opportunity for a holistic review of the provision of legal services to all our citizens.
Young lawyers turning to Free Legal Advice Centres for work experience
WITH YOUNG law graduates finding it difficult to embark on traditional career paths, some are turning to non-governmental agencies such as the Free Legal Advice Centres for their start.
An independent human rights organisation, Flac campaigns on a range of legal issues and also offers some basic free legal services to the public.
Current interns with the organisation, Colin Lenihan (25) from Knocknagashel, Co Kerry, and Amy McDermott (23) from Templemore, Co Tipperary, are happy to be gaining experience while helping people in need.
“One of my friends was working here and told me about it,” said Amy, who graduated with a law degree from Trinity College Dublin in 2010 before spending last year in London, where she studied international business.
“I thought that Flac was very important in what they did. I wanted to get involved and basically learn as much as I could,” she said.
Amy, like Colin, is on a one-year, partly paid internship where, after starting in July, she has been managing the telephone lines in one of the centres. Although this is not the role she may have envisaged when she began studying law in 2006, she said she had “learned loads” on account of being in a working legal office every day.
Her position in Flac has also helped her avoid emigrating for work, as many from her class in college have done, she said.
For Colin, the internship is the first step on a career path within the non-governmental organisation (NGO) sector.
After qualifying with a law degree from NUI Galway, Colin went on to do a one-year master’s in law in University College Cork.
“I like working in the NGO sector. With Flac I’m involved in policy and the lobbying side of the organisation and I enjoy it.”
The areas of work in which he has been involved are campaigns for public interest issues and co-ordinating with other NGOs that needs legal help.
However, he is under no illusions about how difficult it will be to get further work, even along a non-traditional career pathway for lawyers.
Applying for positions has been “tough enough”, he said. “There are only a certain amount of jobs out there and with the amount of unemployed solicitors and barristers looking for work, it’s going to be difficult competing with them.
“Hopefully I’ll get work. I think I will be able to. It is getting more and more difficult to grind out a career but there are still jobs out there.”
CÍAN NIHILL
Irish Times
www.buckplanning.ie
Shatter rules out 'casino resorts'
Minister for Justice Alan Shatter has ruled out a proposed €460 million casino outside Tipperary, after he unveiled plans for new gambling legislation saying such developments were not in the public interest.
He said the casino planned for Two-mile Borris was “out”, based on new gambling laws signed off by the Cabinet.
In June, An Bord Pleanála granted permission for the Tipperary Venue proposed by businessman Richard Quirke.
“We’ve made very specific decisions in the public interest. Those specific decisions include a decision that we will not be making provision for resort-style casinos,” Mr Shatter said today.
The proposed legislation to regulate gambling will allow “modest-sized” casinos but will not provide for large gambling “resorts”.
Mr Shatter said the Government had agreed to immediately start work on new legislation to modernise the State’s gambling laws.
He said the shortcomings in the current law, such as the absence of any regulation on online gambling, were “exposing young people and other vulnerable persons to unacceptable risks”.
The Government had agreed that it was “long past time for a full and comprehensive revision of our gambling laws”, Mr Shatter said.
“The present laws are not adequate to deal even with aspects of gambling which they were intended to cover. For instance attempts to curtail unlicensed private members’ clubs, including prosecutions, have been unsuccessful.”
He said no provision would be made for large resort style casinos such as had been proposed by some promoters but that statutory provisions “will permit modest size casinos”.
The Minister said the Government recognised there was support for a form of casino entertainment and it would be an added attraction for some tourists.
He said he accepted that larger casinos would bring employment benefits both at construction stage and when in operation. But the Government was nevertheless concerned “that the scale of such developments is so large that they can attract other activities that are not desirable and pose a particular risk to vulnerable people”.
“It therefore concluded that, on balance, the social impact was likely to be negative.”
Mr Shatter said the Government felt it would not be acting in the public interest if through the forthcoming legislation it encouraged or facilitated the larger developments in the face of “real and substantial doubts” about their viability.
Mr Shatter said the number of casinos licensed would be limited and that every application would be “subjected to vigorous checks, including deep and extensive checks on the promoters”.
Only those promoters meeting “high standards of personal and financial probity” would be considered for a licence.
The Government was also aware that the supervision of large casinos would require “require disproportionate resources in the context of the overall resources available to the State for this purpose”.
The new legislation will also ban fixed-odds betting terminals. Mr Shatter said the Government was satisfied their prohibition was in the public interest.
Irish Times
www.buckplanning.ie
He said the casino planned for Two-mile Borris was “out”, based on new gambling laws signed off by the Cabinet.
In June, An Bord Pleanála granted permission for the Tipperary Venue proposed by businessman Richard Quirke.
“We’ve made very specific decisions in the public interest. Those specific decisions include a decision that we will not be making provision for resort-style casinos,” Mr Shatter said today.
The proposed legislation to regulate gambling will allow “modest-sized” casinos but will not provide for large gambling “resorts”.
Mr Shatter said the Government had agreed to immediately start work on new legislation to modernise the State’s gambling laws.
He said the shortcomings in the current law, such as the absence of any regulation on online gambling, were “exposing young people and other vulnerable persons to unacceptable risks”.
The Government had agreed that it was “long past time for a full and comprehensive revision of our gambling laws”, Mr Shatter said.
“The present laws are not adequate to deal even with aspects of gambling which they were intended to cover. For instance attempts to curtail unlicensed private members’ clubs, including prosecutions, have been unsuccessful.”
He said no provision would be made for large resort style casinos such as had been proposed by some promoters but that statutory provisions “will permit modest size casinos”.
The Minister said the Government recognised there was support for a form of casino entertainment and it would be an added attraction for some tourists.
He said he accepted that larger casinos would bring employment benefits both at construction stage and when in operation. But the Government was nevertheless concerned “that the scale of such developments is so large that they can attract other activities that are not desirable and pose a particular risk to vulnerable people”.
“It therefore concluded that, on balance, the social impact was likely to be negative.”
Mr Shatter said the Government felt it would not be acting in the public interest if through the forthcoming legislation it encouraged or facilitated the larger developments in the face of “real and substantial doubts” about their viability.
Mr Shatter said the number of casinos licensed would be limited and that every application would be “subjected to vigorous checks, including deep and extensive checks on the promoters”.
Only those promoters meeting “high standards of personal and financial probity” would be considered for a licence.
The Government was also aware that the supervision of large casinos would require “require disproportionate resources in the context of the overall resources available to the State for this purpose”.
The new legislation will also ban fixed-odds betting terminals. Mr Shatter said the Government was satisfied their prohibition was in the public interest.
Irish Times
www.buckplanning.ie
Surfers greet ruling on Doolin pier plan
SURFERS HAVE claimed a big victory in their opposition to plans for a €6 million pier at Doolin in north Clare.
This follows a Bord Pleanála ruling that Clare County Council must reapply for planning permission for the pier and prepare an environmental impact statement (EIS) for the project.
Surfers with support from leading exponents internationally have expressed concern that the pier as proposed would destroy “world-class” waves in the area, some of which are said to match the giant surfing waves off Hawaii.
The ruling supersedes a unanimous decision at the council’s March meeting to give the plan the go-ahead and sets back the project at least a year.
The board ordered that the council prepare an EIS due to the potential impact of the proposed development on wave and tidal patterns in the area, the submissions made to the board and the nature of the proposal, which is likely to be characterised by significant blasting, dredging and construction works within the terrestrial/marine environment.
A spokesman for the West Coast Surf Club said that it and the Irish Surf Association were happy with the board’s ruling.
The spokesman said the surfing groups were open to a redesigned plan that would be agreeable to all. “It will be disappointing for all involved if this delays the development of the pier, including the people of Doolin and Inis Óirr.
“We confirm that it is still the desire of the surfing community – as it always has been – that this pier project should go ahead and confirm our immediate and continuing availability to meet with the council to progress a mutually agreeable design for the pier which will provide an effective new facility for all users while maintaining a world-famous surf environment which can continue to be used by local, national and international surfers.”
Irish Times
www.buckplanning.ie
This follows a Bord Pleanála ruling that Clare County Council must reapply for planning permission for the pier and prepare an environmental impact statement (EIS) for the project.
Surfers with support from leading exponents internationally have expressed concern that the pier as proposed would destroy “world-class” waves in the area, some of which are said to match the giant surfing waves off Hawaii.
The ruling supersedes a unanimous decision at the council’s March meeting to give the plan the go-ahead and sets back the project at least a year.
The board ordered that the council prepare an EIS due to the potential impact of the proposed development on wave and tidal patterns in the area, the submissions made to the board and the nature of the proposal, which is likely to be characterised by significant blasting, dredging and construction works within the terrestrial/marine environment.
A spokesman for the West Coast Surf Club said that it and the Irish Surf Association were happy with the board’s ruling.
The spokesman said the surfing groups were open to a redesigned plan that would be agreeable to all. “It will be disappointing for all involved if this delays the development of the pier, including the people of Doolin and Inis Óirr.
“We confirm that it is still the desire of the surfing community – as it always has been – that this pier project should go ahead and confirm our immediate and continuing availability to meet with the council to progress a mutually agreeable design for the pier which will provide an effective new facility for all users while maintaining a world-famous surf environment which can continue to be used by local, national and international surfers.”
Irish Times
www.buckplanning.ie
Monday, 19 September 2011
Woman jailed for blocking power line works
A JUDGE has ordered that a woman be sent to prison due to her refusal to comply with High Court orders allowing ESB and Eirgrid access to her land to complete the construction of a power line.
Yesterday at the High Court, Mr Justice Daniel Herbert ordered that Teresa Treacy (65), Woodfield House, Clonmore, Tullamore, Co Offaly, be committed to prison for contempt of court after she said she would not obey orders allowing ESB and Eirgrid workers access to her land. She said she would not allow workers on the land for health and safety reasons and because of her fears that her property, which she said had many beautiful trees, would be destroyed. She wants the power line placed underground.
Mr Justice Herbert told Ms Treacy, who was not legally represented, that he “admired her principles” but did not admire what she was doing.
He said this was a citizen setting herself against the Constitution and against the courts. If this was allowed, “we may as well sink into anarchy”, adding he would not allow that.
He said he had no choice other than to commit her to prison over her refusal to comply. His “hand had been forced”.
Mr Justice Herbert directed that Ms Treacy should remain in custody until she had purged her contempt.
The ESB and Eirgrid brought proceedings against Ms Treacy because she refused them access to her land by locking gates and by standing in front of the locks when workers tried to cut them.
Michael Conlon, for ESB/Eirgrid, said Ms Treacy was “emotionally attached to her forestry”, but ESB and Eirgrid had a job to do. Mr Conlon added that his clients had brought a motion committing Ms Treacy to prison “with great reluctance”.
Last July Ms Justice Mary Laffoy granted the ESB and Eirgrid orders against Ms Treacy and her sister Mary allowing them to carry out works on the Treacys’ land.
The defendants were further ordered to unlock gates and remove any barriers blocking the ESB/Eirgrid from accessing the sisters’ property.
While his clients were initially allowed on to the land, gates were subsequently locked, preventing any work from being carried out, while Ms Treacy blocked machinery from coming on her land.
Mr Conlon said his clients returned to the High Court in August and secured an order allowing them to open the locks on the gates and enter the lands.
Last week when workers tried to cut open the locks, Ms Treacy stood in front of the locks and refused access to the workers. They were unable to proceed due to concerns that Ms Treacy might be injured, and such a situation was unacceptable, Mr Conlon added.
He said that ESB/Eirgrid had offered to compensate Ms Treacy and to plant new trees to replace any that might get damaged. He said it was not possible to place the wires underground.
When the matter was before the court in August, Ms Treacy was warned by Ms Justice Laffoy of the serious consequences she faced if she continued to act in breach of the orders. The judge expressed the hope “common sense would prevail”.
On that occasion, Ms Treacy said she had “no intention” of granting the ESB/Eirgrid access because of the effects its work was having on what she said was a place of natural beauty. She told the court she would “gladly go to jail” and did not want compensation.
She said the land contained oak, ash, sycamore, birch and pine trees and was mainly surrounded by hedgerows. She said the ESB and Eirgrid’s actions were “wrong” and they should “stop what they are doing”.
Irish Times
www.buckplanning.ie
Yesterday at the High Court, Mr Justice Daniel Herbert ordered that Teresa Treacy (65), Woodfield House, Clonmore, Tullamore, Co Offaly, be committed to prison for contempt of court after she said she would not obey orders allowing ESB and Eirgrid workers access to her land. She said she would not allow workers on the land for health and safety reasons and because of her fears that her property, which she said had many beautiful trees, would be destroyed. She wants the power line placed underground.
Mr Justice Herbert told Ms Treacy, who was not legally represented, that he “admired her principles” but did not admire what she was doing.
He said this was a citizen setting herself against the Constitution and against the courts. If this was allowed, “we may as well sink into anarchy”, adding he would not allow that.
He said he had no choice other than to commit her to prison over her refusal to comply. His “hand had been forced”.
Mr Justice Herbert directed that Ms Treacy should remain in custody until she had purged her contempt.
The ESB and Eirgrid brought proceedings against Ms Treacy because she refused them access to her land by locking gates and by standing in front of the locks when workers tried to cut them.
Michael Conlon, for ESB/Eirgrid, said Ms Treacy was “emotionally attached to her forestry”, but ESB and Eirgrid had a job to do. Mr Conlon added that his clients had brought a motion committing Ms Treacy to prison “with great reluctance”.
Last July Ms Justice Mary Laffoy granted the ESB and Eirgrid orders against Ms Treacy and her sister Mary allowing them to carry out works on the Treacys’ land.
The defendants were further ordered to unlock gates and remove any barriers blocking the ESB/Eirgrid from accessing the sisters’ property.
While his clients were initially allowed on to the land, gates were subsequently locked, preventing any work from being carried out, while Ms Treacy blocked machinery from coming on her land.
Mr Conlon said his clients returned to the High Court in August and secured an order allowing them to open the locks on the gates and enter the lands.
Last week when workers tried to cut open the locks, Ms Treacy stood in front of the locks and refused access to the workers. They were unable to proceed due to concerns that Ms Treacy might be injured, and such a situation was unacceptable, Mr Conlon added.
He said that ESB/Eirgrid had offered to compensate Ms Treacy and to plant new trees to replace any that might get damaged. He said it was not possible to place the wires underground.
When the matter was before the court in August, Ms Treacy was warned by Ms Justice Laffoy of the serious consequences she faced if she continued to act in breach of the orders. The judge expressed the hope “common sense would prevail”.
On that occasion, Ms Treacy said she had “no intention” of granting the ESB/Eirgrid access because of the effects its work was having on what she said was a place of natural beauty. She told the court she would “gladly go to jail” and did not want compensation.
She said the land contained oak, ash, sycamore, birch and pine trees and was mainly surrounded by hedgerows. She said the ESB and Eirgrid’s actions were “wrong” and they should “stop what they are doing”.
Irish Times
www.buckplanning.ie
Travellers face court action over planning breaches
A council has had to take unprecedented action against Travellers to deal with a record number of breaches of planning regulations for housing in one town.
The Irish Independent has learnt that such is the level of non-compliance by individuals - predominantly Travellers - building in Rathkeale, Co Limerick, the local authority has begun a crackdown, including legal action.
A spokesman for Limerick County Council said the offenders were blatantly breaking planning laws and at least 40 cases were being investigated.
Some of those under investigation are related to the controversial Dale Farm community of Travellers in England.
The sites, buildings and individuals under investigation by the local authority are not connected to the 33-unit housing estate in Rathkeale which is being built by a member of the Dale Farm community.
This site is been built in accordance with planning and is not under investigation.
Regarding the breach of planning permission in 40 cases in Rathkeale, a spokesman for Limerick County Council said both members of the Travelling community and settled community had not complied with the law.
"There is some settled residents, but it is mainly members of the Travelling community. We have a significant problem in Rathkeale," the spokesman said.
The number of breaches of planning permission in Rathkeale by separate individuals is unparalleled. Many of the properties -- still under construction -- have not been built on the site as agreed upon in the planning application.
"The footprint of the houses is not being constructed on the site as laid out. The buildings have interfered with boundaries or other sites. We have to take enforcement action including going through the local district court," the spokesman said.
As a result, Limerick County Council has now had to adopt a new planning policy exclusively for Rathkeale. Only two houses at any one time can be built in any single development.
"Building will be done in a piecemeal manner in future -- there will be no mass developments altogether in one go," the spokesman said.
Some cases are proceeding to the local district court.
"We are making progress and intend to follow these through until there is a satisfactory resolution," the spokesman added.
Barry Duggan
Irish Independent
www.buckplanning.ie
The Irish Independent has learnt that such is the level of non-compliance by individuals - predominantly Travellers - building in Rathkeale, Co Limerick, the local authority has begun a crackdown, including legal action.
A spokesman for Limerick County Council said the offenders were blatantly breaking planning laws and at least 40 cases were being investigated.
Some of those under investigation are related to the controversial Dale Farm community of Travellers in England.
The sites, buildings and individuals under investigation by the local authority are not connected to the 33-unit housing estate in Rathkeale which is being built by a member of the Dale Farm community.
This site is been built in accordance with planning and is not under investigation.
Regarding the breach of planning permission in 40 cases in Rathkeale, a spokesman for Limerick County Council said both members of the Travelling community and settled community had not complied with the law.
"There is some settled residents, but it is mainly members of the Travelling community. We have a significant problem in Rathkeale," the spokesman said.
The number of breaches of planning permission in Rathkeale by separate individuals is unparalleled. Many of the properties -- still under construction -- have not been built on the site as agreed upon in the planning application.
"The footprint of the houses is not being constructed on the site as laid out. The buildings have interfered with boundaries or other sites. We have to take enforcement action including going through the local district court," the spokesman said.
As a result, Limerick County Council has now had to adopt a new planning policy exclusively for Rathkeale. Only two houses at any one time can be built in any single development.
"Building will be done in a piecemeal manner in future -- there will be no mass developments altogether in one go," the spokesman said.
Some cases are proceeding to the local district court.
"We are making progress and intend to follow these through until there is a satisfactory resolution," the spokesman added.
Barry Duggan
Irish Independent
www.buckplanning.ie
GP WINS COUNCIL APPEAL
A RUSH GP and campaigner for health reform has won a planning appeal against Fingal County Council which mean he will not have to hand over a whopping €10,000 to the local authority. In granting planning permission for Dr Marcus De Brun's plans to turn a home in Rush into a medical practice, Fingal County Council wanted a special contribution in lieu of parking spaces such a development would usually be required to provide.
Fingal County Council had granted Dr De Brun planning permission subject to six conditions for the retention of a change of use from a two-storey residential dwelling at 6A Main Street, Rush to a medical practice of the same size, including a single consulting room and including staff parking and ramped wheelchair access to the rear. However, one condition required the payment of the contribution in respect of the provision of controlled on-street car parking for two motor vehicles based on Fingal's Development Plan, which sets the car-parking requirement for clinics and group medical practices as 2.5 spaces per consulting room. Dr De Brun considered this to be both onerous and excessive. He said on submitted plans that two carparking spaces had been clearly outlined and the parking bay to the rear of the building was sufficient for two large spaces, although only one had been drawn on the plans. He further stated that through the gates to the rear of the building, there was also ample space for twoto-three additional vehicles.
Dr De Brun added that his practice was only one of three in Rush and that neither of the other two had off-street parking, with both availing of metered parking. Several other small businesses operating on the street did not provide off-street car parking, nor were they compelled to contribute to the upkeep of metered parking, according to Dr De Brun. An Bord Pleanála considered that it would be 'inappropriate' to charge the €10,000 because adequate off-street car parking had been provided to serve the permitted doctor's surgery.
JOHN MANNING
Fingal Independent
www.buckplanning.ie
Fingal County Council had granted Dr De Brun planning permission subject to six conditions for the retention of a change of use from a two-storey residential dwelling at 6A Main Street, Rush to a medical practice of the same size, including a single consulting room and including staff parking and ramped wheelchair access to the rear. However, one condition required the payment of the contribution in respect of the provision of controlled on-street car parking for two motor vehicles based on Fingal's Development Plan, which sets the car-parking requirement for clinics and group medical practices as 2.5 spaces per consulting room. Dr De Brun considered this to be both onerous and excessive. He said on submitted plans that two carparking spaces had been clearly outlined and the parking bay to the rear of the building was sufficient for two large spaces, although only one had been drawn on the plans. He further stated that through the gates to the rear of the building, there was also ample space for twoto-three additional vehicles.
Dr De Brun added that his practice was only one of three in Rush and that neither of the other two had off-street parking, with both availing of metered parking. Several other small businesses operating on the street did not provide off-street car parking, nor were they compelled to contribute to the upkeep of metered parking, according to Dr De Brun. An Bord Pleanála considered that it would be 'inappropriate' to charge the €10,000 because adequate off-street car parking had been provided to serve the permitted doctor's surgery.
JOHN MANNING
Fingal Independent
www.buckplanning.ie
Day-to-day oversight of planning 'unrealistic'
MEATH COUNTY manager Tom Dowling yesterday told the elected councillors it would be “totally unrealistic” for him to actively manage the day-to-day management of the planning department.
He was responding to such a recommendation, contained in an independent review he commissioned this year.
The same review recommended the council planning department be restructured.
In a statement to the county councillors yesterday, Mr Dowling said the review “makes difficult reading for all of us”, and that he “accepted the findings”.
The review followed on the decision of the High Court to make a €4 million award against the council after legal action was taken by Darlington Properties Ltd relating to a site it purchased from the council in 2006 for €4.5 million.
The review team was asked to examine all the circumstances leading up to the court action, and the review was carried out by Gerry Kearney, a former secretary general and former assistant secretary with the Revenue Commissioners, and John Quinlivan, who is a member of the Local Government Efficiency Review Group and former Louth county manager.
The review found the council planning department should be “restructured” and the county manager “should assume direct executive responsibility for all planning matters”.
Yesterday, Mr Dowling said he intended to “take direct executive responsibility for implementing the recommendations contained in the report and retain that responsibility for as long as it takes to deliver the change required”.
He added that he understood “the intent” of the recommendation that he assume direct executive responsibility but, he added: “As county manager I have high-level executive responsibility for delivery of all of this local authority’s services.
“I believe it would be totally unrealistic for me, in a county of this size, to actively day-to-day manage this busy department without damaging my input into the council’s other areas of responsibility, of which there are many.”
He said he would “restructure” the remit of the director of services for planning “so as to allow him to focus 100 per cent on the delivery of this change programme and actively manage the department, unburdened by other responsibilities”.
Among the changes to be made, which Mr Dowling said people would be made “personally accountable” for, were restructuring of the planning department, a full audit of unaudited planning processes and procedures, new procedures so all major contracts involving disposal of council assets had to be signed off by senior management, and performance-related measures in the department.
Mr Dowling said he was conscious that changes must “strike the correct balance between appropriate levels of control and governance and the requirement to deliver a good and efficient service”.
He said he knew the planning department had played a significant role in the development of the county. In relation to planning staff, he said: “I want to reiterate my commitment as manager to supporting them and working with them to implement the changes necessary to instil confidence and improve morale.”
All of the 25 recommendations will be implemented, and Mr Dowling said he has asked the team to return in a year’s time “to measure the progress made”.
Irish Times
www.buckplanning.ie
He was responding to such a recommendation, contained in an independent review he commissioned this year.
The same review recommended the council planning department be restructured.
In a statement to the county councillors yesterday, Mr Dowling said the review “makes difficult reading for all of us”, and that he “accepted the findings”.
The review followed on the decision of the High Court to make a €4 million award against the council after legal action was taken by Darlington Properties Ltd relating to a site it purchased from the council in 2006 for €4.5 million.
The review team was asked to examine all the circumstances leading up to the court action, and the review was carried out by Gerry Kearney, a former secretary general and former assistant secretary with the Revenue Commissioners, and John Quinlivan, who is a member of the Local Government Efficiency Review Group and former Louth county manager.
The review found the council planning department should be “restructured” and the county manager “should assume direct executive responsibility for all planning matters”.
Yesterday, Mr Dowling said he intended to “take direct executive responsibility for implementing the recommendations contained in the report and retain that responsibility for as long as it takes to deliver the change required”.
He added that he understood “the intent” of the recommendation that he assume direct executive responsibility but, he added: “As county manager I have high-level executive responsibility for delivery of all of this local authority’s services.
“I believe it would be totally unrealistic for me, in a county of this size, to actively day-to-day manage this busy department without damaging my input into the council’s other areas of responsibility, of which there are many.”
He said he would “restructure” the remit of the director of services for planning “so as to allow him to focus 100 per cent on the delivery of this change programme and actively manage the department, unburdened by other responsibilities”.
Among the changes to be made, which Mr Dowling said people would be made “personally accountable” for, were restructuring of the planning department, a full audit of unaudited planning processes and procedures, new procedures so all major contracts involving disposal of council assets had to be signed off by senior management, and performance-related measures in the department.
Mr Dowling said he was conscious that changes must “strike the correct balance between appropriate levels of control and governance and the requirement to deliver a good and efficient service”.
He said he knew the planning department had played a significant role in the development of the county. In relation to planning staff, he said: “I want to reiterate my commitment as manager to supporting them and working with them to implement the changes necessary to instil confidence and improve morale.”
All of the 25 recommendations will be implemented, and Mr Dowling said he has asked the team to return in a year’s time “to measure the progress made”.
Irish Times
www.buckplanning.ie
Council object to granting of licence for toxic waste dump
FINGAL COUNTY Council will submit documents objecting to the granting of a waste licence by the EPA to a controversial toxic ash dump in the Naul. A consultants report prepared for the council's objection to planning permission being granted for the same development is likely to be forwarded to the EPA after a split vote among local councillors.
The council objected strongly to the development getting planning permission but its objections fell on deaf ears when An Bord Pleanála granted permission for the toxic waste facility at the Nag's Head to be run by Murphy Environmental.
Cllr Ciaran Byrne (Lab) asked that the council repeat its objections as the project comes before the EPA for the approval of a waste licence. He said that the council's previous evaluation of the project had been ' absolutely scathing' and it should object in the strongest possible terms to the waste licence. County management said it had objected to the project's planning permission on several grounds and although it said many of those reasons are not relevant to the issues being considered by the EPA, it would submit its consultant's report to the agency if the elected members wished it to.
Cllr Byrne said that it was 'grossly unfair' to ask a community which is already threatened with a landfill facility at the Nevitt to put up with a second site within a mile of that project. The Labour councillor said that it was against ' the principles of fairness and equality' to site the two projects side by side and said he would personally submit an objection to the plan on top of anything the council may do. But Cllr May McKeon (NP) said she opposed Cllr Byrne's motion. She said that councillors had a chance to object at the planning stage of the project and that process was now complete. She said she was 'dissapointed' that objections to the waste licence were being raised at 'this late stage'.
Cllr Anne Devitt (FG) was also opposed to the motion, saying that the facility would be run by a ' tried and tested operator who lives in our area and is providing employment locally'. She said that the EPA will not grant a licence for the project unless they believe it is ' the proper precautions have been put in place and it is safe'. The Fine Gael councillor said the council should not interfere in the process and it would ' show Fingal County Council in a bad light not to be trusting the EPA to follow proper procedures in granting this licence'. When Cllr Byrne's motion was put to a vote at the Balbriggan/Swords Area Committee, four councillors voted for the motion to object to the licence, with three voting against and one abstention.
JOHN MANNING
Fingal Independent
www.buckplanning.ie
The council objected strongly to the development getting planning permission but its objections fell on deaf ears when An Bord Pleanála granted permission for the toxic waste facility at the Nag's Head to be run by Murphy Environmental.
Cllr Ciaran Byrne (Lab) asked that the council repeat its objections as the project comes before the EPA for the approval of a waste licence. He said that the council's previous evaluation of the project had been ' absolutely scathing' and it should object in the strongest possible terms to the waste licence. County management said it had objected to the project's planning permission on several grounds and although it said many of those reasons are not relevant to the issues being considered by the EPA, it would submit its consultant's report to the agency if the elected members wished it to.
Cllr Byrne said that it was 'grossly unfair' to ask a community which is already threatened with a landfill facility at the Nevitt to put up with a second site within a mile of that project. The Labour councillor said that it was against ' the principles of fairness and equality' to site the two projects side by side and said he would personally submit an objection to the plan on top of anything the council may do. But Cllr May McKeon (NP) said she opposed Cllr Byrne's motion. She said that councillors had a chance to object at the planning stage of the project and that process was now complete. She said she was 'dissapointed' that objections to the waste licence were being raised at 'this late stage'.
Cllr Anne Devitt (FG) was also opposed to the motion, saying that the facility would be run by a ' tried and tested operator who lives in our area and is providing employment locally'. She said that the EPA will not grant a licence for the project unless they believe it is ' the proper precautions have been put in place and it is safe'. The Fine Gael councillor said the council should not interfere in the process and it would ' show Fingal County Council in a bad light not to be trusting the EPA to follow proper procedures in granting this licence'. When Cllr Byrne's motion was put to a vote at the Balbriggan/Swords Area Committee, four councillors voted for the motion to object to the licence, with three voting against and one abstention.
JOHN MANNING
Fingal Independent
www.buckplanning.ie
Hogan criticises Nama over housing
MINISTER FOR the Environment Phil Hogan has attacked the National Asset Management Agency, saying it is more interested in getting “to a profitable position” than delivering housing to those on housing waiting lists.
Speaking before he addressed the Royal Institute of Architects in Ireland in Dublin yesterday, he said he was “concerned and frustrated at the notion of Nama not delivering the social dividend”.
“We have had meetings with Nama and Minister Penrose has been very active in seeking to get greater product made available with very little success. No, I am not happy,” he said.
Addressing the conference, on housing policy, Mr Hogan also said supply for some housing outstripped demand, and for other housing demand outstripped supply.
“We want to get the balance right. Nama could be more proactive in doing something about it. It could get more proactive about moving on properties to be used for housing.”
John O’Connor, chief executive of the Housing and Sustainable Communities Agency, said unfinished and unoccupied housing – so-called “ghost estates” – was having a negative impact on the economy.
“We need to get these houses finished and occupied. We need to manage the housing stock a lot better.”
The lack of decision-making by the private and public sector involved in housing was causing economic and social paralysis. Waiting for the bottoming out or the floor of the market was ridiculous, he said.
“Houses stopped selling four years ago. Until we start making decisions we could be waiting another four years,” he added.
Kieran Gallagher, deputy city architect with Dublin City Council, said regeneration of rundown flat complexes such as Dolphin House and St Teresa’s Gardens in Dublin – plans for which collapsed two years ago – would happen “over the next 10 to 15 years”. In the meantime, “we are looking at the refurbishment of existing buildings,” he said.
He said over the past six months he had been spending 50 per cent of his time “dealing with defects and problems” in social housing delivered by private developers under part V of the Planning Act. “These problems with building quality and compliance are only really coming to light now.”
Paul Kelly, architect with Gardiner Architects in Dublin, said the paucity of building regulations applying to “pre ’63” bedsitter accommodation – typically former family homes divided into flats before the 1963 Local Government Planning Act, meant the “most vulnerable and poorest” people were being consigned to unsafe, inadequate housing.
There were 8,000 bedsits in the greater Dublin area, he said, and about 7,000 more pre ’63 flats.
“These flats have no concern for the needs of children, no storage space, no amenity space, no waste disposal, no fire safety and in some cases not even daylight is required.
“We need to get people out of the pre ’63 accommodation, into quality accommodation, and get families back into these city houses.”
Irish Times
www.buckplanning.ie
Speaking before he addressed the Royal Institute of Architects in Ireland in Dublin yesterday, he said he was “concerned and frustrated at the notion of Nama not delivering the social dividend”.
“We have had meetings with Nama and Minister Penrose has been very active in seeking to get greater product made available with very little success. No, I am not happy,” he said.
Addressing the conference, on housing policy, Mr Hogan also said supply for some housing outstripped demand, and for other housing demand outstripped supply.
“We want to get the balance right. Nama could be more proactive in doing something about it. It could get more proactive about moving on properties to be used for housing.”
John O’Connor, chief executive of the Housing and Sustainable Communities Agency, said unfinished and unoccupied housing – so-called “ghost estates” – was having a negative impact on the economy.
“We need to get these houses finished and occupied. We need to manage the housing stock a lot better.”
The lack of decision-making by the private and public sector involved in housing was causing economic and social paralysis. Waiting for the bottoming out or the floor of the market was ridiculous, he said.
“Houses stopped selling four years ago. Until we start making decisions we could be waiting another four years,” he added.
Kieran Gallagher, deputy city architect with Dublin City Council, said regeneration of rundown flat complexes such as Dolphin House and St Teresa’s Gardens in Dublin – plans for which collapsed two years ago – would happen “over the next 10 to 15 years”. In the meantime, “we are looking at the refurbishment of existing buildings,” he said.
He said over the past six months he had been spending 50 per cent of his time “dealing with defects and problems” in social housing delivered by private developers under part V of the Planning Act. “These problems with building quality and compliance are only really coming to light now.”
Paul Kelly, architect with Gardiner Architects in Dublin, said the paucity of building regulations applying to “pre ’63” bedsitter accommodation – typically former family homes divided into flats before the 1963 Local Government Planning Act, meant the “most vulnerable and poorest” people were being consigned to unsafe, inadequate housing.
There were 8,000 bedsits in the greater Dublin area, he said, and about 7,000 more pre ’63 flats.
“These flats have no concern for the needs of children, no storage space, no amenity space, no waste disposal, no fire safety and in some cases not even daylight is required.
“We need to get people out of the pre ’63 accommodation, into quality accommodation, and get families back into these city houses.”
Irish Times
www.buckplanning.ie
Review urges restructure of planning at Meath council
THE PLANNING department in Meath County Council should be “restructured” and the county manager “should assume direct executive responsibility for all planning matters,” according to an independent review that will be debated by councillors at a meeting in Navan today.
The review was commissioned by county manager Tom Dowling after a €4 million award was made against the council following High Court action by Darlington Properties. In his judgment, Mr Justice Peter Kelly found the company had bought a site in Ashbourne from the council in 2006 for €4.5 million after being told a road linking the land to the town centre was to be built on it.
However, it later emerged the council had already granted planning permission on another site, which made the building of the road impossible.
Mr Justice Kelly said this was an extraordinary tale of “error after error” being made by the council.
The review was prepared by Gerry Kearney, a former secretary general and former assistant secretary with the Revenue Commissioners, and John Quinlivan, who is a member of the Local Government Efficiency Review Group and former Louth county manager.
The review, which was given to councillors last weekend, says “a series of events and errors spanning over a decade” were relevant to the court case. These include the granting of permission in 1999 for another company which included a roadway linking with the town centre. A revision of this permission in 2000 omitted the road and instead provided for development across its alignment.
When the council then advertised the land, which was bought by Darlington Properties, “a selling point . . . was the proposed provision of a road from the site into Ashbourne Town Centre”, the review said.
At the time of the sale, the county development plan had the provision of the road as an objective. However, a year earlier (2005) the council had granted permission to Naus Investments for a development along the line of this road and when in 2007 building began there, Darlington raised it with the council.
On the subject of the sale, by tender, of the land, the review said: “It appears to have been left entirely to an executive planning officer to provide planning division input to a sale worth millions, and, however inadvertently, to cause a contractual requirement that was clearly impractical and in direct conflict with the council’s own previous decisions.
“Management oversight was also deficient in the wider management of the contractual terms – at the very least this should have required that senior personnel, both administrative and planning, sign off on requirements emerging from their areas.” It added that “concerns arise as to the wider governance controls adopted by the council when embarking on significant legally binding contracts and major asset disposals”.
Sinn Féin councillor Joe Reilly said the report on numerous managerial failures “calls into question if Meath County Council as presently structured is fit for purpose”.
The Department of the Environment said the Minister would examine the review. “This is a matter first and foremost for the council, who initiated the review. However, the Minister can say that he will consider carefully the outcome of the review and the actions proposed by the council.”
Irish Times
www.buckplanning.ie
The review was commissioned by county manager Tom Dowling after a €4 million award was made against the council following High Court action by Darlington Properties. In his judgment, Mr Justice Peter Kelly found the company had bought a site in Ashbourne from the council in 2006 for €4.5 million after being told a road linking the land to the town centre was to be built on it.
However, it later emerged the council had already granted planning permission on another site, which made the building of the road impossible.
Mr Justice Kelly said this was an extraordinary tale of “error after error” being made by the council.
The review was prepared by Gerry Kearney, a former secretary general and former assistant secretary with the Revenue Commissioners, and John Quinlivan, who is a member of the Local Government Efficiency Review Group and former Louth county manager.
The review, which was given to councillors last weekend, says “a series of events and errors spanning over a decade” were relevant to the court case. These include the granting of permission in 1999 for another company which included a roadway linking with the town centre. A revision of this permission in 2000 omitted the road and instead provided for development across its alignment.
When the council then advertised the land, which was bought by Darlington Properties, “a selling point . . . was the proposed provision of a road from the site into Ashbourne Town Centre”, the review said.
At the time of the sale, the county development plan had the provision of the road as an objective. However, a year earlier (2005) the council had granted permission to Naus Investments for a development along the line of this road and when in 2007 building began there, Darlington raised it with the council.
On the subject of the sale, by tender, of the land, the review said: “It appears to have been left entirely to an executive planning officer to provide planning division input to a sale worth millions, and, however inadvertently, to cause a contractual requirement that was clearly impractical and in direct conflict with the council’s own previous decisions.
“Management oversight was also deficient in the wider management of the contractual terms – at the very least this should have required that senior personnel, both administrative and planning, sign off on requirements emerging from their areas.” It added that “concerns arise as to the wider governance controls adopted by the council when embarking on significant legally binding contracts and major asset disposals”.
Sinn Féin councillor Joe Reilly said the report on numerous managerial failures “calls into question if Meath County Council as presently structured is fit for purpose”.
The Department of the Environment said the Minister would examine the review. “This is a matter first and foremost for the council, who initiated the review. However, the Minister can say that he will consider carefully the outcome of the review and the actions proposed by the council.”
Irish Times
www.buckplanning.ie
Way cleared for huge new Tesco to be built in Gorey
WORK ON the new Tesco hypermarket at Ramstown Lower, Gorey, can finally go ahead, after being given the green light by An Bord Pleanala last week.
The Board decided to grant permission for the 8,242 sq.m. food store building, despite a recommendation by its own Inspector that permission be refused.
An appeal to the original granting of permission by Wexford County Council, was lodged with An Bord Pleanala by RGDATA, the representative organisation for independent family grocers in Ireland. Two other appeals by local residents were subsequently withdrawn.
Niralcy Ltd, care of Pat Neville and Sons Ltd., Wexford, applied to construct a single storey food store, which will include 2,990 sq.m. for convenience goods, and 2,112 sq.m. for comparison goods; a customer cafe, a service yard, access roads, and a 606 space surface car park.
The Board said it believed the proposed development constituted an appropriate extension to the town centre, and would not affect the vitality and viability of the town centre.
One condition of giving the go-ahead was that some parking spaces to the west of the site be removed, and two landscaped strips be included in the car park. It also called for seating along the footpath to McCurtain Street, and some glazing along the western frontage of the hypermarket.
It also called for the omission of entrances opposite the southern section of the realigned Ramstown Road.
The development will include a link road, continuing on from Gorey Shopping Centre, just off The Avenue, up to the Ramstown Road junction with the old Enniscorthy Road.
Irish Times
www.buckplanning.ie
The Board decided to grant permission for the 8,242 sq.m. food store building, despite a recommendation by its own Inspector that permission be refused.
An appeal to the original granting of permission by Wexford County Council, was lodged with An Bord Pleanala by RGDATA, the representative organisation for independent family grocers in Ireland. Two other appeals by local residents were subsequently withdrawn.
Niralcy Ltd, care of Pat Neville and Sons Ltd., Wexford, applied to construct a single storey food store, which will include 2,990 sq.m. for convenience goods, and 2,112 sq.m. for comparison goods; a customer cafe, a service yard, access roads, and a 606 space surface car park.
The Board said it believed the proposed development constituted an appropriate extension to the town centre, and would not affect the vitality and viability of the town centre.
One condition of giving the go-ahead was that some parking spaces to the west of the site be removed, and two landscaped strips be included in the car park. It also called for seating along the footpath to McCurtain Street, and some glazing along the western frontage of the hypermarket.
It also called for the omission of entrances opposite the southern section of the realigned Ramstown Road.
The development will include a link road, continuing on from Gorey Shopping Centre, just off The Avenue, up to the Ramstown Road junction with the old Enniscorthy Road.
Irish Times
www.buckplanning.ie
Councillors delete 'townlands' clause
THERE WAS heated debate yesterday before members of Kerry County Council voted to remove the so-called “townlands clause” which had allowed some flexibility for new houses to be built in rural area by young people near their family or relatives.
A majority of Kerry county councillors yesterday voted to amend the current county development plan by deleting this clause to bring it more into line with current regional and national guidelines on building in rural areas.
The meeting heard how just under 20,000 houses are empty in Kerry, according to the census. An Taisce had asked that these be prioritised for use.
A minority of councillors warned that rural planning was being further tightened, with the removal of a controversial “townlands” clause.
However, the county’s most senior planner strongly rejected claims that family members in Kerry were finding it difficult to get planning for houses in the countryside.
Director of services Michael McMahon said : “We are providing sufficient planning permissions for the population growth of the whole of this county in one-off houses alone. On average per annum we have been granting 1,000 rural houses in Kerry.”
That was outside the permissions for houses in urban areas, he added. “More than 50 per cent of housing in this county is in rural areas,” Mr McMahon added.
The new core strategy, which will continue with dezoning land begun over a year ago, saw a further tightening of rural planning, in an effort by planners to row back on the excesses of rural housing of recent years.
The amendment was carried by a majority of 17 councillors who voted in favour to six against. The six councillors against were Independents Danny Healy-Rae and his son Johnny Healy-Rae, Breeda Moynihan Cronin (Lab), John Joe Cullotty (FF), Paul O’Donoghue (FF) and Toireasa Ferris (SF).
However, a core of councillors yesterday objected strongly to the removal of a townlands clause which they said protected the rights of locals and close relatives of landowners to build houses in the countryside.
Clause 3. 7.12 in the rural settlement section of the county development plan, which was deleted yesterday, gave priority to applicants from the immediate locality and was inserted at the insistence of councillors in 2009. It said applicants from “at a minimum adjoining townlands” would be looked upon favourably.
Sinn Féin’s Toireasa Ferris said the removal of the clause left rural planning open to interpretation and gave planners a strong hand in refusing applications to locals and to relatives.
“Unless the applicant is from a stone’s throw of a site, they won’t get permission,” she warned.
A lot of farmers did not have children and they would like relatives to be able to build on the land, she said. “My interpretation of deleting 3.7.12 is we are handing the option over to the planners.”
Fine Gael’s Pat McCarthy said councillors were coming under a lot of pressure to explain “why people living in the countryside are being held responsible for the sins of decisions made in the past”.
Labour’s Breeda Moynihan Cronin urged planners to consider social aspects of their decisions in tightening up rural planning. “It’s a people issue, not a planning issue. Loneliness is a huge problem in rural areas and we have to let young people live there. You will see a complete diminishing of schools and other services.”
Planners also rejected a suggestion by Mr Cullotty to replace the townlands clause with “parish” to broaden the scope of rural planning. Mr McMahon said any attempt to put parish in the plan “would cause utter confusion”.
Irish Times
www.buckplanning.ie
A majority of Kerry county councillors yesterday voted to amend the current county development plan by deleting this clause to bring it more into line with current regional and national guidelines on building in rural areas.
The meeting heard how just under 20,000 houses are empty in Kerry, according to the census. An Taisce had asked that these be prioritised for use.
A minority of councillors warned that rural planning was being further tightened, with the removal of a controversial “townlands” clause.
However, the county’s most senior planner strongly rejected claims that family members in Kerry were finding it difficult to get planning for houses in the countryside.
Director of services Michael McMahon said : “We are providing sufficient planning permissions for the population growth of the whole of this county in one-off houses alone. On average per annum we have been granting 1,000 rural houses in Kerry.”
That was outside the permissions for houses in urban areas, he added. “More than 50 per cent of housing in this county is in rural areas,” Mr McMahon added.
The new core strategy, which will continue with dezoning land begun over a year ago, saw a further tightening of rural planning, in an effort by planners to row back on the excesses of rural housing of recent years.
The amendment was carried by a majority of 17 councillors who voted in favour to six against. The six councillors against were Independents Danny Healy-Rae and his son Johnny Healy-Rae, Breeda Moynihan Cronin (Lab), John Joe Cullotty (FF), Paul O’Donoghue (FF) and Toireasa Ferris (SF).
However, a core of councillors yesterday objected strongly to the removal of a townlands clause which they said protected the rights of locals and close relatives of landowners to build houses in the countryside.
Clause 3. 7.12 in the rural settlement section of the county development plan, which was deleted yesterday, gave priority to applicants from the immediate locality and was inserted at the insistence of councillors in 2009. It said applicants from “at a minimum adjoining townlands” would be looked upon favourably.
Sinn Féin’s Toireasa Ferris said the removal of the clause left rural planning open to interpretation and gave planners a strong hand in refusing applications to locals and to relatives.
“Unless the applicant is from a stone’s throw of a site, they won’t get permission,” she warned.
A lot of farmers did not have children and they would like relatives to be able to build on the land, she said. “My interpretation of deleting 3.7.12 is we are handing the option over to the planners.”
Fine Gael’s Pat McCarthy said councillors were coming under a lot of pressure to explain “why people living in the countryside are being held responsible for the sins of decisions made in the past”.
Labour’s Breeda Moynihan Cronin urged planners to consider social aspects of their decisions in tightening up rural planning. “It’s a people issue, not a planning issue. Loneliness is a huge problem in rural areas and we have to let young people live there. You will see a complete diminishing of schools and other services.”
Planners also rejected a suggestion by Mr Cullotty to replace the townlands clause with “parish” to broaden the scope of rural planning. Mr McMahon said any attempt to put parish in the plan “would cause utter confusion”.
Irish Times
www.buckplanning.ie
Land improvement legislation to be ratified
Land improvement legislation will be signed into law by this (Thursday) evening. It will require planning consent and an Environmental Impact Assessment (EIA) for drainage of wetlands over 2ha, for removal of ditches over 4km, for re-contouring of more than 5ha of land, and for intensive use of over 50ha of under-utilised land. Department approval, a simpler process, will be required for lower thresholds in each case.
The Government were faced with the prospect of a daily fine of €33,000 if they failed to comply with an EU deadline of this Friday.
A meeting on Wednesday afternoon between Department of Agriculture officials and IFA ended abruptly in the absence of the Department revealing the text of the SI.
''There was no basis for further discussion, as without the detailed legislative proposals, we could have no understanding of key definitions, or of the potential penalties which may be imposed on our members'' IFA environment chairman Pat Farrell said afterwards.
In 2008, a European Court judgement found Ireland in breach of EU regulations. The Commission moved this June, calling for daily fines for our failure to respond. With the clock ticking, Agricultural Minister Simon Coveney and Environment Minister Phil Hogan will sign the Statutory Instrument before the week is out. A commencement date for the new regulations, as yet unknown, will be included.
Phil Hogan laid the blame for Ireland's forced position firmly at his predecessor John Gormley's door. ''So-called environmentalists in Government failed to engage meaningfully with the Commission and it has been left to this Government to get the best deal for Ireland in the short time available, while making sure we meet our environmental obligations,'' he said. He welcomed the progress achieved.
Simon Coveney said: ''While this issue has primarily been the responsibility of the Department of the Environment, I have been keen to engage with the Commission to avoid a negative effect on farms and ensure the agreement took the needs of practical farming into account.
''I am satisfied that we have brokered a compromise which recognises those needs and delivers a workable solution for farmers,'' he said.
Guidelines
Both Ministers have outlined that consultation and engagement will now take place with relevant stakeholders and the Commission on the guidelines that will support these regulations.
According to IFA's Pat Farrell, it is now crucial that the guidance document delivers a workable solution for farmers. ''I am calling for the immediate establishment of a working group to ensure that this legislation has least impact on farmers and takes full consideration of measures already being carried out under other schemes such as REPS, AEOS and the general cross-compliance rules,'' he said.
Key issue
One key issue will be the definition of 'wetlands', which will have lower thresholds for drainage work, with approval required for just 0.1ha, and a full EIA needed for 2ha. Another will be the objections facility granted to members of the public and 'interested parties'.
''Progress has been made on the threshold levels, but significant concerns exist regarding the definition of wetlands and to ensure that the implementation of the legislation minimises the hassle and bureaucracy for farmers,'' said IFA president John Bryan. ''At a time when farmers are planning to expand and develop their businesses, to assist in meeting the Government's Food Harvest 2020 growth targets, it is now up to Ministers Coveney and Hogan to ensure that concerns regarding this legislation are fully addressed.''
The rush to sign the proposals into law will disappoint the opposition. Fianna Fáil agriculture spokesman Michael Moynihan had called for the Government to present their proposals before the Dáil before signing them into law. He has included the issue in a private members' motion to be debated next week.
The Farmers Journal
www.buckplanning.ie
The Government were faced with the prospect of a daily fine of €33,000 if they failed to comply with an EU deadline of this Friday.
A meeting on Wednesday afternoon between Department of Agriculture officials and IFA ended abruptly in the absence of the Department revealing the text of the SI.
''There was no basis for further discussion, as without the detailed legislative proposals, we could have no understanding of key definitions, or of the potential penalties which may be imposed on our members'' IFA environment chairman Pat Farrell said afterwards.
In 2008, a European Court judgement found Ireland in breach of EU regulations. The Commission moved this June, calling for daily fines for our failure to respond. With the clock ticking, Agricultural Minister Simon Coveney and Environment Minister Phil Hogan will sign the Statutory Instrument before the week is out. A commencement date for the new regulations, as yet unknown, will be included.
Phil Hogan laid the blame for Ireland's forced position firmly at his predecessor John Gormley's door. ''So-called environmentalists in Government failed to engage meaningfully with the Commission and it has been left to this Government to get the best deal for Ireland in the short time available, while making sure we meet our environmental obligations,'' he said. He welcomed the progress achieved.
Simon Coveney said: ''While this issue has primarily been the responsibility of the Department of the Environment, I have been keen to engage with the Commission to avoid a negative effect on farms and ensure the agreement took the needs of practical farming into account.
''I am satisfied that we have brokered a compromise which recognises those needs and delivers a workable solution for farmers,'' he said.
Guidelines
Both Ministers have outlined that consultation and engagement will now take place with relevant stakeholders and the Commission on the guidelines that will support these regulations.
According to IFA's Pat Farrell, it is now crucial that the guidance document delivers a workable solution for farmers. ''I am calling for the immediate establishment of a working group to ensure that this legislation has least impact on farmers and takes full consideration of measures already being carried out under other schemes such as REPS, AEOS and the general cross-compliance rules,'' he said.
Key issue
One key issue will be the definition of 'wetlands', which will have lower thresholds for drainage work, with approval required for just 0.1ha, and a full EIA needed for 2ha. Another will be the objections facility granted to members of the public and 'interested parties'.
''Progress has been made on the threshold levels, but significant concerns exist regarding the definition of wetlands and to ensure that the implementation of the legislation minimises the hassle and bureaucracy for farmers,'' said IFA president John Bryan. ''At a time when farmers are planning to expand and develop their businesses, to assist in meeting the Government's Food Harvest 2020 growth targets, it is now up to Ministers Coveney and Hogan to ensure that concerns regarding this legislation are fully addressed.''
The rush to sign the proposals into law will disappoint the opposition. Fianna Fáil agriculture spokesman Michael Moynihan had called for the Government to present their proposals before the Dáil before signing them into law. He has included the issue in a private members' motion to be debated next week.
The Farmers Journal
www.buckplanning.ie
Limerick regeneration directors were ready to resign over lack of progress
KEY DIRECTORS of the Limerick Regeneration Agencies were ready to resign in June in response to mounting concerns over the lack of progress in the Limerick regeneration programme, new documents show.
In a letter released under the Freedom of Information Act, chief executive of the Limerick Regeneration Agencies Brendan Kenny told the Department of the Environment that “the current difficulties in getting the physical programme of development under way can only contribute towards already growing concerns locally that the whole regeneration process is under threat”.
In his letter dated June 8th, Mr Kenny said: “There are currently significant concerns, anger and despondency amongst the four communities and among many of the local stakeholders about the perceived continuation of the ‘destruction’ (including relocation) of these communities with very little movement on rebuilding, as was clearly indicated in the Government’s approval of June 2010.”
Mr Kenny said the concerns outlined “have culminated in the possible resignation of some key local directors of the regeneration agencies which could do considerable damage to the process and in a public way”.
The regeneration agencies did not know at the time its budget for the year, with the €9.5 million budget only approved last month. The overall allocation to the programme this year is €35 million.
Mr Kenny wrote: “As we now approach the mid-point of the year, we continue to operate in a void working only on the assumption that confirmed budget allocations will be similar to 2010”.
The principal officer with the department, Jim Ganley, said: “Despite the significant investment to date with the regeneration programme, it is disappointing that the community is increasingly dissatisfied with the process and that some stakeholders may opt out of the process.”
He added: “In order to keep a focus on regeneration and the many benefits that will flow from it, there is an onus on the department, the city council and the agencies to work together in addressing this.”
Mr Kenny said in an interview yesterday that “uncertainty has been the biggest enemy of the regeneration project to date”.
However, he added that the first building scheme in the project got under way last month “and we’re in a good space now, but overall, I am not satisfied with the rate of progress”.
Under the master plan, the first building project was due to start in autumn 2009 “and the delay in starting has been disappointing and frustrating”.
He added: “The letter is an example of frustrations we have sometimes, but we have a very good relationship with the department. We would be nowhere without them.” The building work now under way had removed the prospect of the key directors resigning. “It has changed the mood. Things have moved on since I wrote that letter.”
A statement from the Department of the Environment said yesterday the department remained “fully committed to the project and will continue to prioritise funding for the regeneration in Limerick despite the current exchequer funding constraints”.
It said the programme was considered “critical both in terms of improving the living standards and socio-economic outcomes of the communities living in the areas of Moyross, Southill, Ballinacurra Weston and St Mary’s Park, and for the wider development of Limerick city as a major urban centre in the mid-west”.
The statement went on: “Already, new housing has commenced in Moyross, with other projects in Southill and Ballincurra Weston at an advanced stage of planning . . . The department is very anxious that these good works would continue.”
Irish Times
www.buckplanning.ie
In a letter released under the Freedom of Information Act, chief executive of the Limerick Regeneration Agencies Brendan Kenny told the Department of the Environment that “the current difficulties in getting the physical programme of development under way can only contribute towards already growing concerns locally that the whole regeneration process is under threat”.
In his letter dated June 8th, Mr Kenny said: “There are currently significant concerns, anger and despondency amongst the four communities and among many of the local stakeholders about the perceived continuation of the ‘destruction’ (including relocation) of these communities with very little movement on rebuilding, as was clearly indicated in the Government’s approval of June 2010.”
Mr Kenny said the concerns outlined “have culminated in the possible resignation of some key local directors of the regeneration agencies which could do considerable damage to the process and in a public way”.
The regeneration agencies did not know at the time its budget for the year, with the €9.5 million budget only approved last month. The overall allocation to the programme this year is €35 million.
Mr Kenny wrote: “As we now approach the mid-point of the year, we continue to operate in a void working only on the assumption that confirmed budget allocations will be similar to 2010”.
The principal officer with the department, Jim Ganley, said: “Despite the significant investment to date with the regeneration programme, it is disappointing that the community is increasingly dissatisfied with the process and that some stakeholders may opt out of the process.”
He added: “In order to keep a focus on regeneration and the many benefits that will flow from it, there is an onus on the department, the city council and the agencies to work together in addressing this.”
Mr Kenny said in an interview yesterday that “uncertainty has been the biggest enemy of the regeneration project to date”.
However, he added that the first building scheme in the project got under way last month “and we’re in a good space now, but overall, I am not satisfied with the rate of progress”.
Under the master plan, the first building project was due to start in autumn 2009 “and the delay in starting has been disappointing and frustrating”.
He added: “The letter is an example of frustrations we have sometimes, but we have a very good relationship with the department. We would be nowhere without them.” The building work now under way had removed the prospect of the key directors resigning. “It has changed the mood. Things have moved on since I wrote that letter.”
A statement from the Department of the Environment said yesterday the department remained “fully committed to the project and will continue to prioritise funding for the regeneration in Limerick despite the current exchequer funding constraints”.
It said the programme was considered “critical both in terms of improving the living standards and socio-economic outcomes of the communities living in the areas of Moyross, Southill, Ballinacurra Weston and St Mary’s Park, and for the wider development of Limerick city as a major urban centre in the mid-west”.
The statement went on: “Already, new housing has commenced in Moyross, with other projects in Southill and Ballincurra Weston at an advanced stage of planning . . . The department is very anxious that these good works would continue.”
Irish Times
www.buckplanning.ie
You are hereNews Limerick City Council warns Limerick school over redevelopment
LIMERICK City Council has initiated proceedings against the board of management at John F Kennedy Memorial National School over concerns the construction of the new school breaches planning regulations.
City Hall’s planning department has served two enforcement notices on the board of management at the Ennis Road school, warning them they may be in breach of planning legislation
One relates to the height of the development - expected to be complete in November - while another refers to unauthorised windows on the west-side.
If the school does not act, to correct this, it could be brought to court by the local authority, where it could face fines of up to €12m.
Construction of the multi-million euro redevelopment of the northside school finally got under way last year. The development will see a courtyard-style building with 11 classrooms, a sports hall, and adjacent facilities, able to cater for up to 300 new students.
But in a warning letter issued to the school, the city council planning department wrote: “that a possible unauthorised development is being carried out on [the lands of JFK], namely non-compliance with a planning condition.”
One local resident - who did not wish to be identified - claimed the building is already a metre over the height the school has planning permission for - yet there is no sign of a roof yet.
However, school principal Bill Reidy has insisted the enforcement notice has been acted upon, and the problems rectified since it was issued in July. He declined to make any further comment.
Limerick City Council has also ordered the removal of “unauthorised windows on the west elevation” of the development.
Limerick Leader
www.buckplanning.ie
City Hall’s planning department has served two enforcement notices on the board of management at the Ennis Road school, warning them they may be in breach of planning legislation
One relates to the height of the development - expected to be complete in November - while another refers to unauthorised windows on the west-side.
If the school does not act, to correct this, it could be brought to court by the local authority, where it could face fines of up to €12m.
Construction of the multi-million euro redevelopment of the northside school finally got under way last year. The development will see a courtyard-style building with 11 classrooms, a sports hall, and adjacent facilities, able to cater for up to 300 new students.
But in a warning letter issued to the school, the city council planning department wrote: “that a possible unauthorised development is being carried out on [the lands of JFK], namely non-compliance with a planning condition.”
One local resident - who did not wish to be identified - claimed the building is already a metre over the height the school has planning permission for - yet there is no sign of a roof yet.
However, school principal Bill Reidy has insisted the enforcement notice has been acted upon, and the problems rectified since it was issued in July. He declined to make any further comment.
Limerick City Council has also ordered the removal of “unauthorised windows on the west elevation” of the development.
Limerick Leader
www.buckplanning.ie
Nama offers lands used as helipad by developer for sale
LANDS OVERLOOKING Dublin Bay, which were used by developer Bernard McNamara as a helicopter landing pad, are being offered for sale by receivers acting on behalf of the National Asset Management Agency (Nama).
The four-acre site, adjacent to Booterstown marsh, a nature reserve which has EU Special Protection Area conservation status, is being sold through Farrell, Grant and Sparks. It was formerly owned by the McNamara group.
However, national heritage organisation An Taisce and local politicians are appealing to Nama to stop the sale and keep the land in public ownership.
In a letter to Nama chairman Frank Daly, An Taisce said the marsh land was of little commercial value, but was an important public and environmental asset.
If retained as an open space and absorbed within the zone of the Special Protection Area, it would have “considerable benefits to the local community, to views and vistas along Dublin Bay, as a wildlife haven and become an important study/observation area”.
It could also act as a “buffer zone” to the Special Protection Area, which would help protect vulnerable and sensitive species, particularly over-wintering birds such as the light-bellied Brent geese, the scarce Spotted Redshank and Little Stint, “which find a haven in the nature reserve”.
The buffer zone would also provide an additional layer of protection to the existing area of biodiversity importance and make a fundamental contribution to the conservation of the nature reserve and the wider bay region, it said.
“We suggest that Nama release this land to the Department of the Environment to be held under the portfolio of lands cared for by the parks and wildlife service.”
Dublin city councillor Paddy McCartan (FG) said it was within the powers of Nama to keep some lands in trust for the public.
“There is no need to rush headlong into the sale of these lands. It’s not a ghost estate or some other property they need to get rid of.
“This should be retained as open space for the benefit of the adjoining area.”
Labour councillor Dermot Lacey has tabled a motion for next month’s council meeting seeking support for the land to be added to the nature reserve.
In 2003, An Bord Pleanála refused Mr McNamara’s Ashcastle developments planning permission for 53 luxury apartments and a public park on the land.
Mr McNamara subsequently located a helipad on the site, but its use was stopped by An Bord Pleanála, which determined in 2005 that the helipad would require planning permission.
Irish Times
www.buckplanning.ie
The four-acre site, adjacent to Booterstown marsh, a nature reserve which has EU Special Protection Area conservation status, is being sold through Farrell, Grant and Sparks. It was formerly owned by the McNamara group.
However, national heritage organisation An Taisce and local politicians are appealing to Nama to stop the sale and keep the land in public ownership.
In a letter to Nama chairman Frank Daly, An Taisce said the marsh land was of little commercial value, but was an important public and environmental asset.
If retained as an open space and absorbed within the zone of the Special Protection Area, it would have “considerable benefits to the local community, to views and vistas along Dublin Bay, as a wildlife haven and become an important study/observation area”.
It could also act as a “buffer zone” to the Special Protection Area, which would help protect vulnerable and sensitive species, particularly over-wintering birds such as the light-bellied Brent geese, the scarce Spotted Redshank and Little Stint, “which find a haven in the nature reserve”.
The buffer zone would also provide an additional layer of protection to the existing area of biodiversity importance and make a fundamental contribution to the conservation of the nature reserve and the wider bay region, it said.
“We suggest that Nama release this land to the Department of the Environment to be held under the portfolio of lands cared for by the parks and wildlife service.”
Dublin city councillor Paddy McCartan (FG) said it was within the powers of Nama to keep some lands in trust for the public.
“There is no need to rush headlong into the sale of these lands. It’s not a ghost estate or some other property they need to get rid of.
“This should be retained as open space for the benefit of the adjoining area.”
Labour councillor Dermot Lacey has tabled a motion for next month’s council meeting seeking support for the land to be added to the nature reserve.
In 2003, An Bord Pleanála refused Mr McNamara’s Ashcastle developments planning permission for 53 luxury apartments and a public park on the land.
Mr McNamara subsequently located a helipad on the site, but its use was stopped by An Bord Pleanála, which determined in 2005 that the helipad would require planning permission.
Irish Times
www.buckplanning.ie
Approval for Dunne's Ballsbridge proposal
SIX YEARS since paying €379 million for the seven-acre site Seán Dunne has been granted planning permission to redevelop the former Jurys and Berkeley Court hotels in Ballsbridge.
But all talk of transforming Ballsbridge into the “new Knightsbridge” or creating a “Manhattan-like lifestyle” was gone yesterday as Mr Dunne said it would be at least five years before any work started.
He also thanked the banks and hotel customers for their support in “extremely difficult times for bankers, investors and the public”.
Mr Dunne’s more humble tone was reflected in the redesigned development.
Gone is the proposed 37-storey “diamond-cut” tower, embassy block and large-scale retail, to be replaced with a largely residential scheme with buildings no taller than 12-storeys.
While this is still considerably taller than the prevailing building height, it is a world apart from the “landmark” building, originally proposed by Mr Dunne to realise the value of the site bought in 2005 at more than €50 million an acre in one of the biggest property deals in the history of the Irish State.
A leading commercial property valuer yesterday said the entire site could now be worth €50 million, if indeed such a sale could be achieved. The permission granted by An Bord Pleanála includes the demolition of the old hotels, operating as D4Hotels, and the construction of 490 apartments in 11 blocks ranging in height from six to 12 storeys.
A 151-bedroom hotel, a restaurant, cafe, bars, creche and healthcare facility is also planned.
The 27,000sq m of retail space proposed in the original plans will now take up 2,000sq m of the new development and the office space which was intended to occupy 42,000sq m i s gone.
Perimeter trees and railings, which were set for removal last time around, will be retained.
Investors or house-hunters anxious to own a part of what was one of the most notorious development sagas of the property boom, will have to wait however.
The former Jurys and Berkeley Court hotels continue to operate as D4Hotels and the The Doyle Hotel Group has the right to lease or purchase the hotel until October 2017.
Mr Dunne’s Mountbrook Group confirmed “any development will not commence for at least five years”.
However, the group would not say whether the development as approved by the planning board would ultimately proceed.
“I would like to thank our customers of D4Hotels and our funders Ulster Bank, ACC Bank and Kaupthing Singer Friedlander who have been most supportive of the D4Hotels’ operation and planning process in extremely difficult times for bankers, investors and the public,” Mr Dunne said.
€379m deal: Troubled history from day one
EVEN AT a time when the property boom was at its boomiest, to paraphrase a former taoiseach, there were gasps at the telephone number-sized sum developer Seán Dunne paid for two hotels in Ballsbridge, Dublin 4.
In summer 2005 Mr Dunne bought Jurys Hotel for €53.7 million an acre, and then snapped up the Berkeley Court for €57.5 million an acre, which resulted in a total spend on the almost seven-acre site of €379,000,000.
In August 2007, two weeks after closing down the two hotels, Mr Dunne made his first application to Dublin City Council to redevelop the site. The €1.5 billion scheme included a plan for a 37-storey, 132m residential tower which would be “cut like a diamond”, as well as a multistorey embassy complex and office block, a 232-bedroom luxury hotel and an underground shopping mall.
In March 2008, two months after Mr Dunne reopened the hotels as D4Hotels, the council granted permission for most of the development, apart from the 37-storey building.
Mr Dunne appealed the decision to An Bord Pleanála. His appeal was one of 127 made to the board, an unprecedented number. Some 30 appeals were from those who wanted the scheme rejected, including politicians and local residents, among them financier Dermot Desmond who warned that the proposed 15-storey embassy block would be a “sitting duck” for terrorists.
However, there were a surprising number of submissions in favour of the project. Appellants in favour included Gate Theatre director Michael Colgan, cultural adviser for the project, public relations consultant Bill O’Herlihy and Shrewsbury Road resident Michael Maughan, founder of WHPR, as well as four solicitors firms, three builders and four estate agents/chartered surveyors.
Following a lengthy public hearing in late 2008 the board refused permission in January 2009 saying the plans represented a “gross overdevelopment” of the site and were in conflict with the council’s own Dublin City Development Plan.
The board agreed with its inspector, Tom Rabbette, who conducted the month-long hearing that the scheme was too tall, too intensive, would have a bad impact on the existing area and would contravene the development plan in bringing excessive retail and office development to the site.
However, the board went further than its inspector, who concentrated on the effect of the development on the surrounding area, and said it was not satisfied that the apartments would be a pleasant place to live.
In October 2009 Mr Dunne returned to the council with a significant scaled back proposal. The 37-storey tower, which had, Mr Dunne and his architects said been essential to the original scheme was gone, as were the embassy and retail buildings.
The new proposals were for a more modest a €300 million scheme with a 15-storey tower and a 135-bedroom hotel. The plans were approved by the council in August 2010, but were again appealed to An Bord Pleanála by 21 parties, who this time were largely opposed to the project.
Again the board’s inspector, this time Andrew Boyle, recommended rejection in similar terms to Mr Rabbette saying it amounted to a “gross overdevelopment and over intensification of use of this site”.
The board, however, yesterday granted permission, citing that it had sought changes following Mr Boyle’s report. Mr Dunne can proceed with a largely residential scheme involving a 12-storey tower. Perhaps not quite the “Manhattan-like” lifestyle he originally proposed, but maybe offering a future for the site.
Irish Times
www.buckplanning.ie
But all talk of transforming Ballsbridge into the “new Knightsbridge” or creating a “Manhattan-like lifestyle” was gone yesterday as Mr Dunne said it would be at least five years before any work started.
He also thanked the banks and hotel customers for their support in “extremely difficult times for bankers, investors and the public”.
Mr Dunne’s more humble tone was reflected in the redesigned development.
Gone is the proposed 37-storey “diamond-cut” tower, embassy block and large-scale retail, to be replaced with a largely residential scheme with buildings no taller than 12-storeys.
While this is still considerably taller than the prevailing building height, it is a world apart from the “landmark” building, originally proposed by Mr Dunne to realise the value of the site bought in 2005 at more than €50 million an acre in one of the biggest property deals in the history of the Irish State.
A leading commercial property valuer yesterday said the entire site could now be worth €50 million, if indeed such a sale could be achieved. The permission granted by An Bord Pleanála includes the demolition of the old hotels, operating as D4Hotels, and the construction of 490 apartments in 11 blocks ranging in height from six to 12 storeys.
A 151-bedroom hotel, a restaurant, cafe, bars, creche and healthcare facility is also planned.
The 27,000sq m of retail space proposed in the original plans will now take up 2,000sq m of the new development and the office space which was intended to occupy 42,000sq m i s gone.
Perimeter trees and railings, which were set for removal last time around, will be retained.
Investors or house-hunters anxious to own a part of what was one of the most notorious development sagas of the property boom, will have to wait however.
The former Jurys and Berkeley Court hotels continue to operate as D4Hotels and the The Doyle Hotel Group has the right to lease or purchase the hotel until October 2017.
Mr Dunne’s Mountbrook Group confirmed “any development will not commence for at least five years”.
However, the group would not say whether the development as approved by the planning board would ultimately proceed.
“I would like to thank our customers of D4Hotels and our funders Ulster Bank, ACC Bank and Kaupthing Singer Friedlander who have been most supportive of the D4Hotels’ operation and planning process in extremely difficult times for bankers, investors and the public,” Mr Dunne said.
€379m deal: Troubled history from day one
EVEN AT a time when the property boom was at its boomiest, to paraphrase a former taoiseach, there were gasps at the telephone number-sized sum developer Seán Dunne paid for two hotels in Ballsbridge, Dublin 4.
In summer 2005 Mr Dunne bought Jurys Hotel for €53.7 million an acre, and then snapped up the Berkeley Court for €57.5 million an acre, which resulted in a total spend on the almost seven-acre site of €379,000,000.
In August 2007, two weeks after closing down the two hotels, Mr Dunne made his first application to Dublin City Council to redevelop the site. The €1.5 billion scheme included a plan for a 37-storey, 132m residential tower which would be “cut like a diamond”, as well as a multistorey embassy complex and office block, a 232-bedroom luxury hotel and an underground shopping mall.
In March 2008, two months after Mr Dunne reopened the hotels as D4Hotels, the council granted permission for most of the development, apart from the 37-storey building.
Mr Dunne appealed the decision to An Bord Pleanála. His appeal was one of 127 made to the board, an unprecedented number. Some 30 appeals were from those who wanted the scheme rejected, including politicians and local residents, among them financier Dermot Desmond who warned that the proposed 15-storey embassy block would be a “sitting duck” for terrorists.
However, there were a surprising number of submissions in favour of the project. Appellants in favour included Gate Theatre director Michael Colgan, cultural adviser for the project, public relations consultant Bill O’Herlihy and Shrewsbury Road resident Michael Maughan, founder of WHPR, as well as four solicitors firms, three builders and four estate agents/chartered surveyors.
Following a lengthy public hearing in late 2008 the board refused permission in January 2009 saying the plans represented a “gross overdevelopment” of the site and were in conflict with the council’s own Dublin City Development Plan.
The board agreed with its inspector, Tom Rabbette, who conducted the month-long hearing that the scheme was too tall, too intensive, would have a bad impact on the existing area and would contravene the development plan in bringing excessive retail and office development to the site.
However, the board went further than its inspector, who concentrated on the effect of the development on the surrounding area, and said it was not satisfied that the apartments would be a pleasant place to live.
In October 2009 Mr Dunne returned to the council with a significant scaled back proposal. The 37-storey tower, which had, Mr Dunne and his architects said been essential to the original scheme was gone, as were the embassy and retail buildings.
The new proposals were for a more modest a €300 million scheme with a 15-storey tower and a 135-bedroom hotel. The plans were approved by the council in August 2010, but were again appealed to An Bord Pleanála by 21 parties, who this time were largely opposed to the project.
Again the board’s inspector, this time Andrew Boyle, recommended rejection in similar terms to Mr Rabbette saying it amounted to a “gross overdevelopment and over intensification of use of this site”.
The board, however, yesterday granted permission, citing that it had sought changes following Mr Boyle’s report. Mr Dunne can proceed with a largely residential scheme involving a 12-storey tower. Perhaps not quite the “Manhattan-like” lifestyle he originally proposed, but maybe offering a future for the site.
Irish Times
www.buckplanning.ie
Approval for Dunne's Ballsbridge proposal
SIX YEARS since paying €379 million for the seven-acre site Seán Dunne has been granted planning permission to redevelop the former Jurys and Berkeley Court hotels in Ballsbridge.
But all talk of transforming Ballsbridge into the “new Knightsbridge” or creating a “Manhattan-like lifestyle” was gone yesterday as Mr Dunne said it would be at least five years before any work started.
He also thanked the banks and hotel customers for their support in “extremely difficult times for bankers, investors and the public”.
Mr Dunne’s more humble tone was reflected in the redesigned development.
Gone is the proposed 37-storey “diamond-cut” tower, embassy block and large-scale retail, to be replaced with a largely residential scheme with buildings no taller than 12-storeys.
While this is still considerably taller than the prevailing building height, it is a world apart from the “landmark” building, originally proposed by Mr Dunne to realise the value of the site bought in 2005 at more than €50 million an acre in one of the biggest property deals in the history of the Irish State.
A leading commercial property valuer yesterday said the entire site could now be worth €50 million, if indeed such a sale could be achieved. The permission granted by An Bord Pleanála includes the demolition of the old hotels, operating as D4Hotels, and the construction of 490 apartments in 11 blocks ranging in height from six to 12 storeys.
A 151-bedroom hotel, a restaurant, cafe, bars, creche and healthcare facility is also planned.
The 27,000sq m of retail space proposed in the original plans will now take up 2,000sq m of the new development and the office space which was intended to occupy 42,000sq m i s gone.
Perimeter trees and railings, which were set for removal last time around, will be retained.
Investors or house-hunters anxious to own a part of what was one of the most notorious development sagas of the property boom, will have to wait however.
The former Jurys and Berkeley Court hotels continue to operate as D4Hotels and the The Doyle Hotel Group has the right to lease or purchase the hotel until October 2017.
Mr Dunne’s Mountbrook Group confirmed “any development will not commence for at least five years”.
However, the group would not say whether the development as approved by the planning board would ultimately proceed.
“I would like to thank our customers of D4Hotels and our funders Ulster Bank, ACC Bank and Kaupthing Singer Friedlander who have been most supportive of the D4Hotels’ operation and planning process in extremely difficult times for bankers, investors and the public,” Mr Dunne said.
€379m deal: Troubled history from day one
EVEN AT a time when the property boom was at its boomiest, to paraphrase a former taoiseach, there were gasps at the telephone number-sized sum developer Seán Dunne paid for two hotels in Ballsbridge, Dublin 4.
In summer 2005 Mr Dunne bought Jurys Hotel for €53.7 million an acre, and then snapped up the Berkeley Court for €57.5 million an acre, which resulted in a total spend on the almost seven-acre site of €379,000,000.
In August 2007, two weeks after closing down the two hotels, Mr Dunne made his first application to Dublin City Council to redevelop the site. The €1.5 billion scheme included a plan for a 37-storey, 132m residential tower which would be “cut like a diamond”, as well as a multistorey embassy complex and office block, a 232-bedroom luxury hotel and an underground shopping mall.
In March 2008, two months after Mr Dunne reopened the hotels as D4Hotels, the council granted permission for most of the development, apart from the 37-storey building.
Mr Dunne appealed the decision to An Bord Pleanála. His appeal was one of 127 made to the board, an unprecedented number. Some 30 appeals were from those who wanted the scheme rejected, including politicians and local residents, among them financier Dermot Desmond who warned that the proposed 15-storey embassy block would be a “sitting duck” for terrorists.
However, there were a surprising number of submissions in favour of the project. Appellants in favour included Gate Theatre director Michael Colgan, cultural adviser for the project, public relations consultant Bill O’Herlihy and Shrewsbury Road resident Michael Maughan, founder of WHPR, as well as four solicitors firms, three builders and four estate agents/chartered surveyors.
Following a lengthy public hearing in late 2008 the board refused permission in January 2009 saying the plans represented a “gross overdevelopment” of the site and were in conflict with the council’s own Dublin City Development Plan.
The board agreed with its inspector, Tom Rabbette, who conducted the month-long hearing that the scheme was too tall, too intensive, would have a bad impact on the existing area and would contravene the development plan in bringing excessive retail and office development to the site.
However, the board went further than its inspector, who concentrated on the effect of the development on the surrounding area, and said it was not satisfied that the apartments would be a pleasant place to live.
In October 2009 Mr Dunne returned to the council with a significant scaled back proposal. The 37-storey tower, which had, Mr Dunne and his architects said been essential to the original scheme was gone, as were the embassy and retail buildings.
The new proposals were for a more modest a €300 million scheme with a 15-storey tower and a 135-bedroom hotel. The plans were approved by the council in August 2010, but were again appealed to An Bord Pleanála by 21 parties, who this time were largely opposed to the project.
Again the board’s inspector, this time Andrew Boyle, recommended rejection in similar terms to Mr Rabbette saying it amounted to a “gross overdevelopment and over intensification of use of this site”.
The board, however, yesterday granted permission, citing that it had sought changes following Mr Boyle’s report. Mr Dunne can proceed with a largely residential scheme involving a 12-storey tower. Perhaps not quite the “Manhattan-like” lifestyle he originally proposed, but maybe offering a future for the site.
Irish Times
www.buckplanning.ie
But all talk of transforming Ballsbridge into the “new Knightsbridge” or creating a “Manhattan-like lifestyle” was gone yesterday as Mr Dunne said it would be at least five years before any work started.
He also thanked the banks and hotel customers for their support in “extremely difficult times for bankers, investors and the public”.
Mr Dunne’s more humble tone was reflected in the redesigned development.
Gone is the proposed 37-storey “diamond-cut” tower, embassy block and large-scale retail, to be replaced with a largely residential scheme with buildings no taller than 12-storeys.
While this is still considerably taller than the prevailing building height, it is a world apart from the “landmark” building, originally proposed by Mr Dunne to realise the value of the site bought in 2005 at more than €50 million an acre in one of the biggest property deals in the history of the Irish State.
A leading commercial property valuer yesterday said the entire site could now be worth €50 million, if indeed such a sale could be achieved. The permission granted by An Bord Pleanála includes the demolition of the old hotels, operating as D4Hotels, and the construction of 490 apartments in 11 blocks ranging in height from six to 12 storeys.
A 151-bedroom hotel, a restaurant, cafe, bars, creche and healthcare facility is also planned.
The 27,000sq m of retail space proposed in the original plans will now take up 2,000sq m of the new development and the office space which was intended to occupy 42,000sq m i s gone.
Perimeter trees and railings, which were set for removal last time around, will be retained.
Investors or house-hunters anxious to own a part of what was one of the most notorious development sagas of the property boom, will have to wait however.
The former Jurys and Berkeley Court hotels continue to operate as D4Hotels and the The Doyle Hotel Group has the right to lease or purchase the hotel until October 2017.
Mr Dunne’s Mountbrook Group confirmed “any development will not commence for at least five years”.
However, the group would not say whether the development as approved by the planning board would ultimately proceed.
“I would like to thank our customers of D4Hotels and our funders Ulster Bank, ACC Bank and Kaupthing Singer Friedlander who have been most supportive of the D4Hotels’ operation and planning process in extremely difficult times for bankers, investors and the public,” Mr Dunne said.
€379m deal: Troubled history from day one
EVEN AT a time when the property boom was at its boomiest, to paraphrase a former taoiseach, there were gasps at the telephone number-sized sum developer Seán Dunne paid for two hotels in Ballsbridge, Dublin 4.
In summer 2005 Mr Dunne bought Jurys Hotel for €53.7 million an acre, and then snapped up the Berkeley Court for €57.5 million an acre, which resulted in a total spend on the almost seven-acre site of €379,000,000.
In August 2007, two weeks after closing down the two hotels, Mr Dunne made his first application to Dublin City Council to redevelop the site. The €1.5 billion scheme included a plan for a 37-storey, 132m residential tower which would be “cut like a diamond”, as well as a multistorey embassy complex and office block, a 232-bedroom luxury hotel and an underground shopping mall.
In March 2008, two months after Mr Dunne reopened the hotels as D4Hotels, the council granted permission for most of the development, apart from the 37-storey building.
Mr Dunne appealed the decision to An Bord Pleanála. His appeal was one of 127 made to the board, an unprecedented number. Some 30 appeals were from those who wanted the scheme rejected, including politicians and local residents, among them financier Dermot Desmond who warned that the proposed 15-storey embassy block would be a “sitting duck” for terrorists.
However, there were a surprising number of submissions in favour of the project. Appellants in favour included Gate Theatre director Michael Colgan, cultural adviser for the project, public relations consultant Bill O’Herlihy and Shrewsbury Road resident Michael Maughan, founder of WHPR, as well as four solicitors firms, three builders and four estate agents/chartered surveyors.
Following a lengthy public hearing in late 2008 the board refused permission in January 2009 saying the plans represented a “gross overdevelopment” of the site and were in conflict with the council’s own Dublin City Development Plan.
The board agreed with its inspector, Tom Rabbette, who conducted the month-long hearing that the scheme was too tall, too intensive, would have a bad impact on the existing area and would contravene the development plan in bringing excessive retail and office development to the site.
However, the board went further than its inspector, who concentrated on the effect of the development on the surrounding area, and said it was not satisfied that the apartments would be a pleasant place to live.
In October 2009 Mr Dunne returned to the council with a significant scaled back proposal. The 37-storey tower, which had, Mr Dunne and his architects said been essential to the original scheme was gone, as were the embassy and retail buildings.
The new proposals were for a more modest a €300 million scheme with a 15-storey tower and a 135-bedroom hotel. The plans were approved by the council in August 2010, but were again appealed to An Bord Pleanála by 21 parties, who this time were largely opposed to the project.
Again the board’s inspector, this time Andrew Boyle, recommended rejection in similar terms to Mr Rabbette saying it amounted to a “gross overdevelopment and over intensification of use of this site”.
The board, however, yesterday granted permission, citing that it had sought changes following Mr Boyle’s report. Mr Dunne can proceed with a largely residential scheme involving a 12-storey tower. Perhaps not quite the “Manhattan-like” lifestyle he originally proposed, but maybe offering a future for the site.
Irish Times
www.buckplanning.ie
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