Showing posts with label kildare planning. Show all posts
Showing posts with label kildare planning. Show all posts

Sunday, 8 April 2018

Permission refused for a Strategic Housing Development application at Kill Hill and Earls Court, Kill, Co. Kildare.

An Bord Pleanála has refused permission for the proposed development comprising 130 residential houses, as submitted by McCourt Investments Limited at Kill Hill and Earls Court, Kill, Co. Kildare.

The application was submitted to An Bord Pleanála under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016 on 22nd December 2017 and decided on 27th March 2018.

The full planning application can be viewed at https://killhill.ie/

The application process included a period of public consultation and followed completion of a pre-application consultation with An Bord Pleanála and Kildare County Council.

The key documents relating to the Board’s decision are available as follows: 


The Planning Inspector's conclusion states:

With specific reference to the correspondence and accompanying map dated 01 February 2018 received by An Bord Pleanála from the Development Applications Unit of the Department of Culture, Heritage and the Gaeltacht regarding the reclassification of Recorded Monument KD020-001-003 from enclosure/ringbarrow/tumulus to hillfort and the resultant expanded buffer that corresponds with the area of archaeological potential around the hillfort and the archaeological complex to the south comprising sites and monument numbers KD019-010, KD019-056, KD019057 and KD019-008004 protected by Preservation Order number 3 of 2007 published by the National Monuments Service. It is considered that the archaeological significance of the site is such that any development of the site in advance of a comprehensive archaeological assessment, would be premature and would, therefore, be contrary to the proper planning and sustainable development of the area.

Friday, 4 March 2011

Permission refused for Kildare Liffey bridge

AN BORD Pleanála has refused planning permission for a bridge over the river Liffey together with roads and other infrastructure to serve a proposed town centre scheme at Donaghcumper Demesne, Celbridge, Co Kildare.

The planning board said Donaghcumper House was a protected structure near the historic main street of Celbridge and in the vicinity of Castletown House and its historic grounds. It said the proposed development would constitute a “major intrusion”.

The board ruled against the creation of a heavily trafficked junction at the entrance gates to Castletown – as proposed by developers Devondale Ltd – and said it would also result in an “excessive degree of encroachment” into the high-amenity Liffey Valley.

An Bord Pleanála overturned a decision last July by Kildare County Council to approve Devondale’s plan for 108 detached houses at Donaghcumper on similar grounds, saying it would “seriously injure the amenities of the area and of property in the vicinity”.

Devondale has been seeking to develop lands to the west of Donaghcumper House for a mixed-use scheme comprising an urban expansion of Celbridge, including 648 residential units and commercial/retail floor-space of circa 47,300sq m.

Planning consultant Jeanne Meldon, who had acted for objectors in both cases, said the board’s latest refusal would have the effect of “copper-fastening the conservation of these lands adjacent to Castletown”, which is maintained by the Office of Public Works.

The appeal was brought by 16 objectors, including the Castletown Foundation, An Taisce, the Liffey Valley Park Alliance, the Irish Landmark Trust, the Irish Georgian Society, local groups and Independent councillor Catherine Murphy, who has been elected as a TD for Kildare.

Ms Murphy said: “I strongly opposed the rezoning of the Donaghcumper land for development, which was pushed through by the great majority of Kildare County Council, on the proposal of Emmet Stagg of the Labour Party, in 2002.”

She would be seeking an “immediate revision” of the Kildare County Development Plan and the Celbridge Local Area plan, arguing that the plans for Donaghcumper had “inhibited positive development in Celbridge”, including proposals to widen the existing bridge.

“It has taken a massive effort over several years, by those of us who have opposed the development, to undo the damage done by the decision to rezone the land. Those efforts were strongly supported by residents of Celbridge, who made more than 4,000 submissions to the recent review of the county plan.”

Irish Times

www.buckplanning.ie

Thursday, 4 March 2010

Hotelier's site permission rejected a third time

AN BORD Pleanála has unanimously overruled the local authority and refused permission for an “integrated tourism and leisure development” including golfing facilities at Palmerstown Demesne in Co Kildare.

It is the third time in less than 10 years that the planning board has turned down hotelier Jim Mansfield for such a development at this location. In a decision described by An Taisce as “very significant and comprehensive”, the board overruled Kildare County Council’s approval of the scheme on a number of grounds, including that sewage issues “would be prejudicial to public health”.

The proposed development, with a gross floor area of 67,358.5sq metres (725,047sq ft), was to have included a hotel with 170 bedrooms and 26 suites, 46 “golf lodges”, 105 town houses, eight retail units and parking for 615 cars.

An Bord Pleanála noted the scheme would ultimately be connected to the Osberstown sewage treatment plant, which discharges into the river Liffey upstream of a major source of drinking water for the greater Dublin area. Given the plant was already operating beyond its design capacity, it said the proposed development would be premature pending an expansion of this plant’s capacity and would, therefore, be “prejudicial to public health”.

A proposed temporary onsite effluent treatment and disposal system “would represent a disorderly approach to development and would pose an unacceptable risk of pollution of groundwater and indirectly of nearby sensitive surface waters”. The board considered that the proposed hotel, located adjacent to an existing golf clubhouse and within view of Palmerstown House, “would, by reason of its design, scale and excessive bulk . . . seriously injure the visual amenities of the area”.

The board also ruled that “golf lodges” within the historic demesne landscape “would unacceptably erode the integrity of the landscape and detract from its quality”, contrary to architectural heritage protection guidelines.

Such development would also “run contrary to the policies of the Kildare County Development Plan” to control development of housing in rural areas and “would, therefore, be contrary to the proper planning and sustainable development of the area”.

An Bord Pleanála’s decision was welcomed yesterday by An Taisce’s heritage officer, Ian Lumley, who said it represented a “major endorsement of An Taisce’s public interest role in strategic planning, environmental and heritage protection”.

He added that the ruling also “reflects the continuing role of An Bord Pleanála in overturning major local authority decisions on a wide number of major grounds. The question must be asked: why are so many local authority decisions so badly wrong?”

On two previous occasions, An Taisce successfully appealed against decisions by Kildare County Council to approve earlier schemes by Mr Mansfield’s company, Bridford Developments Ltd, to develop a Citywest-style resort at Palmerstown Demesne.

The 732-acre demesne is located on the N7, opposite the village of Johnstown 3km northeast of Naas. It was acquired by Mr Mansfield for €12.7 million in 2001 and has a golf course and driving range.

Irish Times

www.buckplanning.ie

Sunday, 7 February 2010

EPA claims landfill breaches licence

The Environmental Protection Agency (EPA) is taking a High Court case against the operators of a landfill site in Co Kildare, claiming they are in breach of a licence granted under the Waste Management Act.

The action is due to be heard by the High Court on March 22nd, having been rescheduled at least twice. People living in the vicinity of the site at Kerdiffstown - between Naas and Sallins - have complained of 'obnoxious' odours emanating from a new composting facility, where brown bin materials as well as 'mixed waste' and garden waste are being treated.

Robert Dunleavy said the “sickening stench of rotting waste” permeates the area on a daily basis, along with the smell of burned rubbish - “complete with accompanying ash showers”. It was so bad that “you must wonder why the locals have not gone mad”.

He has told Minister for the Environment John Gormley that “a constant stream of foul-smelling, rotten, toxic gas emanates from this dump and drifts wherever the wind and air may carry it ... causing the entire surrounding community severe distress”.

However, despite sending five emails to the Minister, all he had received were acknowledgments and he had “yet to receive a single response”. Describing this as “a disgrace”, he called on Mr Gormley to say what action he would take to resolve the problem.

A spokesman for Kerdiffstown Residents Association told the Leinster Leader that it was “really a dreadful smell and it sticks in the back of your throat. You cannot open windows or doors in the house because of the odour” coming from the landfill site".

Members of Naas Golf Club, which is located nearby, have also complained about the odour. Club manager Denis Mahon said it was working with the EPA to resolve the problem, but “the stench has worsened in recent times and had spread to a wide area”.

The site is operated by Neiphin Trading Ltd, a company associated with A1 Waste, which claims to be 'one of the largest waste management companies in Ireland, providing a comprehensive waste management service throughout the greater Dublin area'.

Its website says the firm runs a waste transfer station in Walkinstown and a 'CD (construction and demolition) waste recovery and recycling centre' at Kerdiffstown under an EPA licence with 'stringent environmental and operational conditions'.

It describes the Kerdiffstown site as 'an old landfill which had been used for the disposal mainly of CD waste since the early 1940s'. This in situ waste was now being excavated and processed on site, which has a capacity to deal with 4,000 tonnes per day.

The Irish Times

www.buckplanning.ie

Wednesday, 23 December 2009

NEW BLOG ON PLANNING IN KILDARE

A new blog has been developed focusing on planning in County Kildare. Mr. David Mulcahy, a planning consultant in Athgarvan, Newbridge has established the blog to provide up to date information about planning in the county. The blog includes a list of newspaper articles concerning planning in Kildare, synopsis of decisions by An Bord Pleanála regarding appeals in the county and details of important dates for making submissions to the review of the County Development Plan and various Local Area Plans. In addition, the blog also includes a section where members of the public can submit general queries on planning in Kildare. Mr. Mulcahy says “Keeping up to date with planning issues in Kildare can often be very difficult and many people don’t know where to start looking. The blog streamlines information from a range of sources allowing people to quickly find out about any significant planning issues where they live in the county”.

The web address for the blog is http://kildareplanner.wordpress.com

www.buckplanning.ie

Board Refuses Planning Permission for 31 Units in Craddockstown North, Naas

Twangbrook Ltd were refused permission by An Bord Pleanala for 31 dwellings on the basis that the proposed development would be premature by reference to the existing deficiencies in the provision of sewerage facilities and the period within which this constraint may reasonably be expected to cease. The Board’s decision overturns that of Naas Town Council who had granted permission for the development.

Kildare Planning Blog

www.buckplanning.ie

Permission for 269 dwellings at Great Connell Road, Newbridge refused

An Bord Pleanala refused permission to Pat McGinn and Bernard Ross for 269 dwellings at Great Connell Road, Newbridge, Co. Kildare on the basis that the proposed development would be premature by reference to the existing deficiencies in the provision of sewerage facilities and the period within which this constraint may reasonably be expected to cease and would be prejudicial to public health. Kildare County Council’s decision to grant permission for the proposed development (subject to 69 conditions) was appealed by Mr. Desmond Buckley of Great Connell Stud.

The deficiency is the provision of sewerage facilities (Osberstown) is continuing to be a major obstacle to development in Naas/Newbridge.

Kildare Planning Blog

www.buckplanning.ie

Thursday, 17 December 2009

Appeal Withdrawn at Rathangan Demense, Rathangan, Co. Kildare

An first party appeal by Dundian Limited concerning conditions imposed by Kildare County Council when granting permission for a large-scale planning application at Rathangan Demense, Rathangan, Co. Kildare has been withdrawn from An Bord Pleanala. Dundian Limited received permission for 250 houses, retail units and a creche facility.

www.buckplanning.ie

Permission Refused for Large-scale Residential Development in Rickardstown, Newbridge, Co. Kildare

Kildare County Council have refused permission for a large-scale residentail development in Rickardstown, Newbridge, Co. Kildare. Ted Nugent, John Nugent & Declan Gardiner had sought permission for 281 no. residential units with a mixture of semi-detached and terrace housing. There were two reasons for refusal; the first related to the lack of capacity in the Osberstown WWTP and the second related to prematurity pending the construction and commissioning of the proposed foul sewer network from the site boundary to Osberstown Waste Water Treatment Plant and the Newbridge East Sewer interceptor.

www.buckplanning.ie

Tesco granted shopping centre on Monread Road in Kildare

Nass Town Council has granted permission to Tesco for a smaller version of the previously permitted district shopping centre on the Monread Road (1st Dec 2009). The office content of the permitted scheme has been omitted from the current scheme in response to the downturn in the market.

www.buckplanning.ie

Tesco granted shopping centre on Monread Road in Kildare

Nass Town Council has granted permission to Tesco for a smaller version of the previously permitted district shopping centre on the Monread Road (1st Dec 2009). The office content of the permitted scheme has been omitted from the current scheme in response to the downturn in the market.

www.buckplanning.ie

Tuesday, 14 July 2009

State could have secured Carton for a small sum

CARTON HOUSE, standing on over 1,100 acres of parkland is enclosed by a five-mile stone wall.

The mansion might have been acquired by the State in the mid-1990s for a relatively small sum. Instead, it became one of several great Irish demesnes to be developed as a luxury golf resort.

Designed by Richard Cassels (or Castle) in 1739 for the Earl of Kildare, it was landscaped under the supervision of Emily FitzGerald, the first Duchess of Leinster, in the then very fashionable jardin anglais manner popularised by Lancelot “Capability” Brown.

The Palladian-style house remained unaltered until 1815, when the third Duke sold Leinster House in Dublin (also by Cassels) to the RDS and made Carton his principal residence. It was then remodelled and “turned around” by Richard Morrison.

Carton, birthplace of Lord Edward FitzGerald, one of the leaders of the 1798 rebellion, not only had a magnificent house but also probably the most important landscaped parkland in Ireland. It was also one of the few great demesnes to survive intact.

Carton was blessed in having the Rye Water running through it. This allowed a lake to be created as a major feature of the parkland, as depicted by Thomas Roberts, the 18th-century landscape painter.

A more unusual feature, the Shell Cottage overlooking the Rye, was added in the early 19th century. Decorated with an extraordinary variety of sea shells, one of its more recent occupants was singer Marianne Faithfull, who lived there in early 1970s.

Having passed from the FitzGeralds into the ownership of Lord Brocket – to meet a gambling debt – the entire demesne was sold in 1977 to Powerscreen Ltd, a Co Tyrone-based firm manufacturing equipment for stone crushing, screening, washing and recycling.

The house and land, then closed to the public, was later acquired by Lee Mallaghan, one of Powerscreen’s directors, and plans were prepared to turn it into a luxury golf resort – first in partnership with the Gleneagles group, then Sheraton and finally Starwood.

Planning permission for a 140-bedroom hotel, a conference centre, two championship golf courses and 78 houses dotted around the demesne was confirmed by Bord Pleanála in 1992, despite strenuous objections from An Taisce and the Irish Georgian Society.

The Hon Desmond Guinness, who founded the society at Carton with his first wife Mariga in 1958 (they had been renting it for a couple of years after their marriage), said it was a “national scandal” that the demesne would now be “irretrievably lost”.

Mr Guinness added: “Such a national treasure, one of the finest in Europe, should not be left in the hands of commercial developers; it deserves State care and attention of the highest order.”

But successive governments remained blind to Carton’s fate.

Lee Mallaghan’s son Conor, who became accustomed to taking flak from conservationists, defended the proposed development.

“If there was to be a mission statement, it would be to bring Carton back to life again and this is the only way to do so,” he said.

The project, designed by architects Murray O’Laoire, included full restoration of the house, at an estimated cost of €12.5 million, with its ground-floor converted into a hotel lobby and function rooms, and the addition of a separate bedroom block and spa.

Carton has established itself as one of the top golf venues in Ireland, hosting the Irish Open in 2005, and membership is expensive.

The 18-hole parkland course was designed by Mark O’Meara, while a second “inland links” course was designed by Colin Montgomerie.

The first batch of 35 new houses on the estate was sold by tender in 2005 at prices ranging from €650,000 to €1.35 million.

Six years earlier, the Government paid nearly €30 million for Farmleigh House near Castleknock, which never ranked in the same league as Carton.

Irish Times

www.buckplanning.ie

Sunday, 14 June 2009

KClub plans to expand

The owners of the K Club hotel and golf resort are defying the recession with an application for permission to extend the five-star venue, writes Michelle Devane.

The planned works include a spa and pool complex, 350seater ballroom with bar, a new entrance foyer and drop off point, new kitchen and extension of ancillary accommodation on the ground floor. There will also be internal remodelling and refurbishment of all three storeys of the existing east wing and alterations to the facade.

Under the plan, the single storey leisure centre, which was built in the 1980s, would be removed at the south-east end of the hotel, though it will be partially reinstated. An additional 46 parking spaces will also be created by extending the existing car park.

Owned by businessmen Michael Smurfit and Gerry Gannon, the 550-acre K Club estate includes two championship golf courses, one of which hosted the Ryder Cup in 2006.

Sunday Business Post

www.buckplanning.ie

Monday, 17 December 2007

Newbridge development stalls over state of sewers

BUILDERS in the Newbridge area are losing out on millions of euro as local development is stalled owing to inadequate sewerage facilities.
While developers and builders are generally regarded as the chief beneficiaries of the recent boom years, it appears that some of those who purchased land in the Newbridge area, zoned for residential development, are now left sitting on literal-ly hundreds of acres as permission to build cannot be granted.

One builder told the Kildare Nationalist that he had purchased land three years ago and was still awaiting planning permission because the necessary infrastructure was not in place. Others have been given permission, but only on condition that development does not go ahead until the new sewerage facility is in place. In all, it is estimated that a land bank totalling around 300 acres in the Newbridge area is at present zoned residential but is unable to be developed for reasons of inadequate infrastructure.

The builders are frustrated because they say that the council would have been aware for years that the sewerage system needed to be upgraded. Furthermore, they point out that huge sums of money have been handed over by developers towards infrastructure, in the spate of building that took place over the past decade. The builder who spoke to the Kildare Nationalist stated that his company had paid almost •2m in levies designed to fund infrastructure, as part of his last residential development.

Given the current slowdown in the housing market overall, the delay in getting new homes built and onto the market is a considerable concern to developers in the area. In recent weeks, a mixed residential and commercial development in the Rickardstown area was also rejected by Kildare Co Council, citing the inadequacy of the sewerage service as one of the major reasons for the refusal.

A recent statement from the local branch of Fine Gael, however, indicated that according to calculations it carried out, an estimated •150m was paid by Newbridge people in stamp duty and VAT on new houses built between 2002 and

2007. The Fine Gael state-ment was intended to highlight the need for money collected locally in this way to be spent in the area, in terms of providing local facilities and amenities.

Asked for a comment on the issue of the sewerage capacity for Newbridge, county council spokesman Charlie Talbot said on Monday: "We have a proposal that has been approved by the Department of the Environment for the improvement of the Osberstown waste water treatment plant, which takes the sewage from Newbridge.

"This is in design review at the moment and we hope to go to public consultation by the end of 2008. This major project will be completed in 2011/2012.

"In addition, there are two advance elements to be put into place at an earlier date. These include a storm water, storage and pump house facility at Kilbelin and a new pumping station and storage capacity for foul sewage at Newhall. We would hope that these works would be completed by June 2009."

Acknowledging that the Osberstown plant is at present operating at close to capacity, Mr Talbot said that the council was currently giving planning permission priority to projects that involved an element of longer-term employment. "We would assign high priority to developments which offer local employment beyond just the construction phase itself and that applies to Newbridge and to anywhere else served by the Osberstown plant."

Mr Talbot said the reason for this was that the council had a long-term aim of tackling the problems of commuting, and creating "sustainable local employment" was viewed as a key element in resolving this issue.

Kildare Nationalist

www.buckplanning.ie

Tuesday, 20 March 2007

Historic dolmen ‘damaged by builders’

IT has been alleged that there were attempts to remove a dolmen at Grangebeg between Monasterevin and Kildare Town recently.
“The dolmen is under severe threat of damage due to building work that is being carried out on the site,” said Barry Walsh, secretary of the Monasterevin Historical Society.
Another member of the historical society noticed that some work was being carried out on the site last Saturday week (3 March). He went back to the site on Monday at 7am and noticed that the earthwork surrounding the dolmen
had been bulldozed and the stones had been covered by hedges and trees that had been uprooted from another part of the site.
“I believe that hedges and trees had been gathered to be burned and this would have caused serious damage to the stones,” he told the Kildare Nationalist.
The concerned historian also alleges that a rath was removed from the site and is worried that another site of archaeological interest close by could also be in danger.
“I contacted the council offices when they opened at 9am and they sent out an enforcement officer from the planning department at 11am,” he said.
According to Barry Walsh: “Work stopped immediately on the site and as far as I am aware work is still suspended.” On Tuesday, when the men returned to the site, all the shrubbery had been cleared away, but it appeared that there had been some damage done to the stones. Members of the historical society feel that the dolmen should be restored to its original position. “We would also like to see a public access route to it and a protective fence put around it,” said Mr Walsh. “It is important to protect it as there aren’t many in Kildare and it could be developed as a tourist attractions.”
Ashling Mackey
© Kildare Nationalist

Friday, 16 March 2007

Planning board urged to reopen landfill hearing

A High Court judge has "strongly recommended" that An Bord Pleanála reopens an oral hearing into a proposed landfill development in Co Kildare following the board's acceptance that its decision granting permission for the landfill should be quashed because of the "unusual circumstances" leading to that decision.
The board had conceded that the failure to record its decision of July 24th, 2006, approving conditions attached to the planning permission for the landfill at Usk, Kilcullen, meant that it could not establish its decision was made in accordance with law, Mr Justice Peter Kelly said. He said he would quash the granting of permission on that basis.
While the Usk and District Residents Group, which had challenged the decision, had argued there were other grounds for quashing, he said it was not in anyone's interest that court time should be spent addressing those.
While he could not order the board to reopen its oral hearing, he was strongly recommending it do so and was also suggesting the issue of permission for the development should be determined by board members who were not involved in the original decision.
That suggestion, he stressed, did not mean he accepted the criticisms of the five board members involved in the original decision. There might or might not be substance in the criticism but he did not have to adjudicate on that and his suggestion was to minimise the risk of further judicial review.
On that basis, he granted the board's application for the matter to be returned to it for a fresh determination. He also directed that the board pay the costs of the residents group and of Greenstar Recycling Holdings Ltd, the developer of the proposed landfill.
The residents group had opposed the matter being returned to the board and had urged the court simply to quash the permission.
Mr Justice Kelly said his discretion whether to remit had to be exercised with the overall objective of achieving a just result. In this case, the board had disagreed with its inspector's recommendation to refuse and an imperfection in the way it had dealt with the disagreement had led to the permission being quashed.
If the case was not remitted, Greenstar would have to start all over again, he said. The residents had no complaint about how the board had dealt with the matter until August 2005, after the inspector's first report. In those circumstances, it would be disproportionate to Greenstar's rights not to return the matter to the board.
While the residents group had said it had no faith in the board's impartiality and alleged it dealt with the application in a "peculiar" and "incredible way", he would make no findings on those claims.
The case arose from an An Bord Pleanála decision to grant permission for the landfill development at Usk to process 200,000 tonnes of non-hazardous waste annually for 10 years.
Mary Carolan
© 2007 The Irish Times