A FATHER of five who fought a compulsory purchase order on his land has been left with a €40,000 bill which he claims the National Roads Authority had said it would pay.
Tadhg O'Scannail (50) from Gorey, Co Wexford, decided to fight the NRA's bid to secure part of his land under a Compulsory Purchase Order (CPO) for a controversial motorway truck stop in the area. He claims he was told his costs for an engineer and a solicitor would be covered by the NRA in the event of any effort to block the CPO.
But the NRA says it never made any such promise and that in the end his land wasn't even wanted. "I am a self-employed plumber," O'Scannail said. "My wife is a nurse who has been hit by all these levies. I don't have a penny and I have three kids in school, one doing the Junior Cert and one starting first year next year.
"It's taken me 10 years to get the house the way it is and it's still not finished. My property is devalued by the economic climate anyway and who is going to buy a house beside a service area?
"This was supposed to be my pension and security for my children but now we are stuck behind a truck stop."
According to O'Scannail, the NRA told him his costs would be covered, or partly covered, in the event that his land became the subject of a CPO.
He incurred various costs including €25,000 for an engineer, €11,000 for a sound engineer, and €5,000 for a barrister to represent him at an oral hearing.
However, the NRA later notified him that a CPO would not be required on his land following a reassessment of the project. "I have been told nothing. We had to make a passionate plea to the inspector in An Bord Pleanála to ask if he would make a recommendation to cover the costs. They are under no legal requirement to do so," said O'Scannail.
"My whole problem is the unfair manner in which we have been dealt with. [The NRA] have misrepresented themselves on a number of occasions. But the NRA says any decision to incur costs before the official CPO process was initiated was "his responsibility". Its spokesman said that a 'notice to treat', which makes the CPO process official, was never furnished and that the decision not to take the land was communicated as soon as they knew.
Sunday Tribune
www.buckplanning.ie
Showing posts with label compulsory purchase order. Show all posts
Showing posts with label compulsory purchase order. Show all posts
Sunday, 28 June 2009
Saturday, 30 May 2009
CIÉ fails to have CPO order quashed
CIÉ has failed in a High Court bid to quash a compulsory purchase order over some of its property in the Cork docklands.
Mr Justice Iarfhlaith O’Neill rejected claims that the consent of the Minister for Transport was a necessary initial precondition to the CPO process before it could begin.
He said consent could be obtained at any time up to the latest stage in the process.
An Bord Pleanála had adjourned its hearing into the CPO pending the outcome of the case.
Irish Times
www.buckplanning.ie
Mr Justice Iarfhlaith O’Neill rejected claims that the consent of the Minister for Transport was a necessary initial precondition to the CPO process before it could begin.
He said consent could be obtained at any time up to the latest stage in the process.
An Bord Pleanála had adjourned its hearing into the CPO pending the outcome of the case.
Irish Times
www.buckplanning.ie
Tuesday, 25 November 2008
Plans and CPOs for Cork-Ringaskiddy link to be submitted by new year
DETAILED plans and Compulsory Purchase Orders (CPOs) for a multi-million-euro road from Cork to Ringaskiddy are to be submitted to the board of the National Roads Authority (NRA) early next year.
Concern had been raised that the road project was sidelined after Bord Pleanála’s refusal to allow the Port of Cork authority relocate to a new terminal in Ringaskiddy.
The proposed move was one of the key factors in Cork County Council plans for building the new road.
Cllr Tim Lombard (FG) said there had been significant doubt in Carrigaline and Ringaskiddy that the project would ever go ahead after the planning appeals board’s decision.
He said the current N28 was at capacity and serving a major industrial area.
“Eight of the 10 largest pharmaceutical companies in the world are based in Ringaskiddy. We need a good road to serve the area if it is to grow even more,” Cllr Lombard said.
Cllr John A Collins (FG) said he was concerned the project would never be built due to the necessity to compete projects elsewhere and the downturn in the economy.
“It was recognised even when the Port of Cork proposed to build a deep water terminal in Ringaskiddy that the road was at capacity. The area is an economic driver for the region,” Cllr Collins said.
Acting county engineer Noel O’Keeffe said he hoped to have draft CPOs and design plans ready for the beginning of January. He said the documents would be submitted to the board of the National Roads Authority early in the new year. Mr O’Keeffe said he hoped to be ready to start construction quickly if funding becomes available.
Cllr Lombard said he hoped the NRA would sanction the scheme. “Rest assured I’ll be pushing that scheme as much as I can,” Mr O’Keeffe told councillors at a meeting in County Hall yesterday.
Cllr Collins added that councillor should be lobbying Cork’s two ministers, Micheál Martin and Batt O’Keeffe, in order to get the necessary funding.
Irish Examiner
www.buckplanning.ie
Concern had been raised that the road project was sidelined after Bord Pleanála’s refusal to allow the Port of Cork authority relocate to a new terminal in Ringaskiddy.
The proposed move was one of the key factors in Cork County Council plans for building the new road.
Cllr Tim Lombard (FG) said there had been significant doubt in Carrigaline and Ringaskiddy that the project would ever go ahead after the planning appeals board’s decision.
He said the current N28 was at capacity and serving a major industrial area.
“Eight of the 10 largest pharmaceutical companies in the world are based in Ringaskiddy. We need a good road to serve the area if it is to grow even more,” Cllr Lombard said.
Cllr John A Collins (FG) said he was concerned the project would never be built due to the necessity to compete projects elsewhere and the downturn in the economy.
“It was recognised even when the Port of Cork proposed to build a deep water terminal in Ringaskiddy that the road was at capacity. The area is an economic driver for the region,” Cllr Collins said.
Acting county engineer Noel O’Keeffe said he hoped to have draft CPOs and design plans ready for the beginning of January. He said the documents would be submitted to the board of the National Roads Authority early in the new year. Mr O’Keeffe said he hoped to be ready to start construction quickly if funding becomes available.
Cllr Lombard said he hoped the NRA would sanction the scheme. “Rest assured I’ll be pushing that scheme as much as I can,” Mr O’Keeffe told councillors at a meeting in County Hall yesterday.
Cllr Collins added that councillor should be lobbying Cork’s two ministers, Micheál Martin and Batt O’Keeffe, in order to get the necessary funding.
Irish Examiner
www.buckplanning.ie
Wednesday, 1 October 2008
New road link approved for planned 7,000-home town
AN BORD Pleanála has approved a compulsory purchase order and granted permission for a major road linking the M1 north of Drogheda with Drogheda port.
The 5.6km €60 million Port Access Northern Cross Route will also open up access to a 254-hectare land bank. It is intended that the land will become a new town on the north side of Drogheda, with a population of 20,000.
The bulk of the land is owned by the North Drogheda Environs Group consortium whose members include Euro Construction and Manor Park Homes.
Last October the council entered into a legal agreement with the group over the provision of €141 million of infrastructure as well as more than 7,000 new homes in what the group has named "Sienna Valley". The road is to be paid for by the developers.
General manager of Sienna Valley Tony Kearon said permission had been secured for 2,400 residential units. More would be needed to justify starting the road, he said, and work could not start on the homes until the road was built. Mr Kearon hoped permission would be granted this year.
"The promoters are wholly committed to Sienna Valley which is based on long-term growth in the population base," he said. "Given the current turbulence in the property and mortgage markets, the precise timeframe for the roll-out of Sienna Valley is likely to be longer than originally planned."
The road is expected to remove about 3,000 trucks from the centre of Drogheda. It will link the port to the old Drogheda-Dundalk Road at the M1 roundabout north of the Boyne cable bridge.
The Irish Times
www.buckplanning.ie
The 5.6km €60 million Port Access Northern Cross Route will also open up access to a 254-hectare land bank. It is intended that the land will become a new town on the north side of Drogheda, with a population of 20,000.
The bulk of the land is owned by the North Drogheda Environs Group consortium whose members include Euro Construction and Manor Park Homes.
Last October the council entered into a legal agreement with the group over the provision of €141 million of infrastructure as well as more than 7,000 new homes in what the group has named "Sienna Valley". The road is to be paid for by the developers.
General manager of Sienna Valley Tony Kearon said permission had been secured for 2,400 residential units. More would be needed to justify starting the road, he said, and work could not start on the homes until the road was built. Mr Kearon hoped permission would be granted this year.
"The promoters are wholly committed to Sienna Valley which is based on long-term growth in the population base," he said. "Given the current turbulence in the property and mortgage markets, the precise timeframe for the roll-out of Sienna Valley is likely to be longer than originally planned."
The road is expected to remove about 3,000 trucks from the centre of Drogheda. It will link the port to the old Drogheda-Dundalk Road at the M1 roundabout north of the Boyne cable bridge.
The Irish Times
www.buckplanning.ie
Sunday, 22 June 2008
Council abandons Dartmouth Sq plans
Dublin City Council has abandoned plans to buy Dartmouth Square from Athlone businessman Noel O'Gara.
The council initiated a compulsory purchase order (CPO) on the park in February 2006, to bring it into public ownership.However, the council has since been advised that continuing with the CPO could leave it open to a "substantial" award.
"We have been advised that if we proceed with the completion of the compulsory purchase process to arbitration stage we would expose the City Council to the possibility of a substantial and financially prohibitive award," it said in a statement. "Therefore, it is with regret that the City Council announces that it does not intend to proceed with the compulsory purchase order to acquire the park as originally planned."
The council has also been engaged in negotiations with Mr O'Gara, without agreement. However, in an effort to protect Dartmouth Square as a park, the council has placed a Tree Preservation Order on the park, and it has also been included as part of Dartmouth Square's Area of Architectural Conservation designation.
The council said it remains open to further negotiations with Mr O'Gara.
Ireland.com
www.buckplanning.ie
The council initiated a compulsory purchase order (CPO) on the park in February 2006, to bring it into public ownership.However, the council has since been advised that continuing with the CPO could leave it open to a "substantial" award.
"We have been advised that if we proceed with the completion of the compulsory purchase process to arbitration stage we would expose the City Council to the possibility of a substantial and financially prohibitive award," it said in a statement. "Therefore, it is with regret that the City Council announces that it does not intend to proceed with the compulsory purchase order to acquire the park as originally planned."
The council has also been engaged in negotiations with Mr O'Gara, without agreement. However, in an effort to protect Dartmouth Square as a park, the council has placed a Tree Preservation Order on the park, and it has also been included as part of Dartmouth Square's Area of Architectural Conservation designation.
The council said it remains open to further negotiations with Mr O'Gara.
Ireland.com
www.buckplanning.ie
Tuesday, 17 June 2008
Dartmouth Square order 'not be used'
A DUBLIN city councillor has said a compulsory purchase order (CPO) on Dartmouth Square, near Rathmines, will not be completed by the local authority.
Labour Cllr Oisín Quinn said the council had indicated to him that it was not planning to serve the order, which was granted by An Bord Pleanála, to buy the park from Co Westmeath businessman Noel O'Gara. The CPO expires next Sunday.
It is understood the council fears that independent arbitration after a CPO purchase could result in a large settlement for Mr O'Gara. He has told the council it will cost €100 million to buy the square directly from him.
The businessman bought the park in 2005 for about €11,000 from PJ Darley. Mr Darley's ancestors built the square in the 1880s.
Since he acquired it, Mr O'Gara has locked the gates, pledged to set up a tile showroom, moved vehicles and a caravan on to the land, and announced his intention to turn the square into a cheap car park.
Mr Quinn said he had made it clear to Dublin city manager John Tierney that not purchasing the square would be "poor form" as his predecessor, John Fitzgerald, had indicated the order would be served.
Mr Quinn said the condition of the park had deteriorated greatly in the past three years and, while one of its gates was now open, it was no longer safe to use.
"It's in appalling condition. The square is overgrown, full of rubbish and has become a place where people gather to drink," he said. "Used syringes have been found in the area and it is now a real health hazard."
A spokeswoman for Dublin City Council said the CPO did not expire until June 22nd and no decision had yet been made on the property.
Attempts by The Irish Times to contact Mr O'Gara were unsuccessful.
Irish Times
www.buckplanning.ie
Labour Cllr Oisín Quinn said the council had indicated to him that it was not planning to serve the order, which was granted by An Bord Pleanála, to buy the park from Co Westmeath businessman Noel O'Gara. The CPO expires next Sunday.
It is understood the council fears that independent arbitration after a CPO purchase could result in a large settlement for Mr O'Gara. He has told the council it will cost €100 million to buy the square directly from him.
The businessman bought the park in 2005 for about €11,000 from PJ Darley. Mr Darley's ancestors built the square in the 1880s.
Since he acquired it, Mr O'Gara has locked the gates, pledged to set up a tile showroom, moved vehicles and a caravan on to the land, and announced his intention to turn the square into a cheap car park.
Mr Quinn said he had made it clear to Dublin city manager John Tierney that not purchasing the square would be "poor form" as his predecessor, John Fitzgerald, had indicated the order would be served.
Mr Quinn said the condition of the park had deteriorated greatly in the past three years and, while one of its gates was now open, it was no longer safe to use.
"It's in appalling condition. The square is overgrown, full of rubbish and has become a place where people gather to drink," he said. "Used syringes have been found in the area and it is now a real health hazard."
A spokeswoman for Dublin City Council said the CPO did not expire until June 22nd and no decision had yet been made on the property.
Attempts by The Irish Times to contact Mr O'Gara were unsuccessful.
Irish Times
www.buckplanning.ie
Monday, 28 April 2008
Demolition of historic cottages to begin today
THE DEMOLITION of a 19th century terrace of cottages in south Dublin will begin this morning to make way for the Monkstown ring road.
Nearby residents received a notice from Dún Laoghaire-Rathdown County Council last week informing them of the “emergency demolition” of 16 vacant houses at Yankee Terrace, Roseville Terrace and at Annavilla Avenue, off Newtownpark Avenue.
Concerns over anti-social behaviour and health and safety in the cottages are the reasons the council has given for beginning the emergency demolition.
The council bought the houses by compulsory purchase order following the approval of the road by An Bord Pleanála in 2006. The 1.2km road will link the Stradbrook area of Blackrock to Stillorgan Park.
The demolition is much sooner than expected, but was inevitable once the plans for the ring road were passed, Blackrock Fianna Fáil councillor Barry Conway said.
“It is sad to see something that is part of local history being demolished,” he added.
Blackrock Green Party councillor Nessa Childers said: “It will be unpleasant and unfortunate to see them going. They should have been left intact in the first place and the road shouldn’t be there,” she said.
The road will cut through two communities in Fleurville and Rowanville, she said.
Caroline Liddy, a former resident of the Annavilla cottages who moved out last October after 25 years, said she was “a bit shocked” at the speed of the demolition.
“It is hard enough leaving home, but knowing it is going to be flattened is more difficult, she said.
Irish Times
www.buckplanning.ie
Nearby residents received a notice from Dún Laoghaire-Rathdown County Council last week informing them of the “emergency demolition” of 16 vacant houses at Yankee Terrace, Roseville Terrace and at Annavilla Avenue, off Newtownpark Avenue.
Concerns over anti-social behaviour and health and safety in the cottages are the reasons the council has given for beginning the emergency demolition.
The council bought the houses by compulsory purchase order following the approval of the road by An Bord Pleanála in 2006. The 1.2km road will link the Stradbrook area of Blackrock to Stillorgan Park.
The demolition is much sooner than expected, but was inevitable once the plans for the ring road were passed, Blackrock Fianna Fáil councillor Barry Conway said.
“It is sad to see something that is part of local history being demolished,” he added.
Blackrock Green Party councillor Nessa Childers said: “It will be unpleasant and unfortunate to see them going. They should have been left intact in the first place and the road shouldn’t be there,” she said.
The road will cut through two communities in Fleurville and Rowanville, she said.
Caroline Liddy, a former resident of the Annavilla cottages who moved out last October after 25 years, said she was “a bit shocked” at the speed of the demolition.
“It is hard enough leaving home, but knowing it is going to be flattened is more difficult, she said.
Irish Times
www.buckplanning.ie
Thursday, 24 April 2008
Delays to pier caused by ‘drip feeding’ of money
FURTHER delays in carrying out long-awaited pier improvements in Kerry can be expected if the Government continues to drip feed money for such work.
The warning came from county manager Tom Curran who told councillors he could no longer advise them to accept ‘piecemeal’ projects and expose the county council to large cash-flow problems it could not sustain.
In some cases, the council was given money by government departments to start projects, but had no guarantee of receiving funding to finish the jobs.
’Rather than having three or four projects going on at the same time, I believe it is better to finish one before we start another,’ Mr Curran said.
On his recommendation, councillors agreed to transfer €600,000 earmarked for a €2.5 million project at Renard pier this year, to finish the Valentia Island pier extension nearby. The Valentia project is estimated to cost €4.9m.
FF councillor Paul O’Donoghue supported the manager’s recommendation on the understanding that the focus would next year be on doing badly-needed work at Renard pier.
But, Independent councillor Danny Healy-Rae disagreed, saying money should be spent this year in Renard where boats were currently unable to berth as the pier was unsafe.
Mr Curran voiced concern about delays in recovering funding for a number of other projects from the Department of Communications, Marine and Natural Resources, including €3m for coastal protection works at Inch.
Meanwhile, work has not yet started on the construction of a €8m pier at Cromane, near Killorglin, despite promises prior to the last three general elections that a new pier would be provided there.
After local disagreement in Cromane regarding a site for the pier was resolved, difficulties arose in relation to acquiring land for an access road to the pier site.
An Bord Pleanala has now received two objections to compulsory purchase orders being sought by Kerry County Council for the access road.
Irish Examiner
www.buckplanning.ie
The warning came from county manager Tom Curran who told councillors he could no longer advise them to accept ‘piecemeal’ projects and expose the county council to large cash-flow problems it could not sustain.
In some cases, the council was given money by government departments to start projects, but had no guarantee of receiving funding to finish the jobs.
’Rather than having three or four projects going on at the same time, I believe it is better to finish one before we start another,’ Mr Curran said.
On his recommendation, councillors agreed to transfer €600,000 earmarked for a €2.5 million project at Renard pier this year, to finish the Valentia Island pier extension nearby. The Valentia project is estimated to cost €4.9m.
FF councillor Paul O’Donoghue supported the manager’s recommendation on the understanding that the focus would next year be on doing badly-needed work at Renard pier.
But, Independent councillor Danny Healy-Rae disagreed, saying money should be spent this year in Renard where boats were currently unable to berth as the pier was unsafe.
Mr Curran voiced concern about delays in recovering funding for a number of other projects from the Department of Communications, Marine and Natural Resources, including €3m for coastal protection works at Inch.
Meanwhile, work has not yet started on the construction of a €8m pier at Cromane, near Killorglin, despite promises prior to the last three general elections that a new pier would be provided there.
After local disagreement in Cromane regarding a site for the pier was resolved, difficulties arose in relation to acquiring land for an access road to the pier site.
An Bord Pleanala has now received two objections to compulsory purchase orders being sought by Kerry County Council for the access road.
Irish Examiner
www.buckplanning.ie
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