HEALTH Minister Mary Harney warned yesterday it could become “impossible” to set up nursing homes in Dublin with the high price being demanded for land.
Ms Harney was responding to a report on private nursing homes, which revealed that while an extra 1,068 nursing home beds were opened last year, 531 were closed, primarily in smaller and older homes.
Ms Harney also revealed that she is in discussions with her Government partner and Environment Minster John Gormley in looking at the constitutionality of the laws governing the zoning of land. Click Here!
She warned the issue “badly needed” to be addressed, especially so families and partners could visit their loved ones in nearby facilities.
She said no matter what tax incentives were in place for investors, these could not make up for the high cost of land.
“There will come a day if we don’t address it where it will be impossible to obtain a nursing home facility in this city.”
Afterwards, she added: “There are huge profits people can make from residential, industrial or commercial developments. Nobody could ever make that money from health provision whether they’re in the private sector or not.”
She said many developments in health were therefore away from where large populations were based.
“That’s something of concern to me,” she said, adding that the same matter was making it difficult for the Department of Education to purchase schools.
A possible solution could be in how a local authority zoned land, she suggested.
“It’s as important for an older person to remain in their own community or as close as possible to their own community as it is for a child to have a chance to go to school in their own community.”
The report on nursing homes also found that almost half of the near 19,000 private facilities are in receipt of taxpayer subsidies for residents. Furthermore, despite an overall increase in homes in recent years, planning for new ones slowed last year.
The report’s author, Brian McEnery, warned tax incentives for nursing home developers were insufficient.
The average length of stay for a resident is 3.7 years, said Nursing Homes Ireland, the new representative group for the sector.
Yesterday’s survey revealed 82% of residents are 76 years of age or older.
Ms Harney said many public homes still operating were more than 20 years old. It was not uncommon to visit “Florence Nightingale type facilities” but these would become obsolete under new standards, she said.
Irish Examiner
www.buckplanning.ie
Showing posts with label zoning. Show all posts
Showing posts with label zoning. Show all posts
Tuesday, 8 April 2008
Tuesday, 11 March 2008
Decision to preserve school land as playing fields overturned
A HIGH Court judge has overturned as unlawful a local authority decision aimed at preserving 4.5 acres of walled lands adjoining the Presentation Brothers' former secondary school at Glasthule, Co Dublin, for use as playing fields.
The brothers had been treated in a "high-handed and extremely shabby" manner, Mr Justice Peter Kelly also said.
The judge noted Dún Laoghaire-Rathdown Council had conceded its decision on the lands was unlawful and had not disputed that the brothers had not been told of the proposal in advance and only learned of it by chance from a leaflet distributed by a local councillor.
He made an order quashing the council decision and also awarded costs to the brothers, adding that he would have awarded costs at the highest level but could not do so.
In their proceedings, the brothers said the council had stated Glasthule was deficient in open spaces but claimed no evidence was adduced by the council in that regard. The council's action had effectively sterilised the lands, it was claimed.
Given their ownership of the lands in question and their 150 years' service to the people of Glasthule, the brothers had been treated with "extremely bad manners" by the county manager, the judge said.
The judge was dealing with proceedings in which the Presentation Brothers sought to challenge the decision of the council's elected members of October 8th, 2007, to approve a variation in its development plan providing for the preservation of the lands at Hudson Road, Glasthule, as a playing field.
There is no public access to the lands and they have not been used as playing fields for some time, the court heard.
Yesterday, Donal O'Donnell SC, for the brothers, said the council had informed his side it was not opposing the application.
Ruling on the matter, the judge said the brothers had operated a highly successful school in Glasthule for many years until they decided, due to declining numbers, to close it.
While they had received offers from developers for the school building, zoned as residential amenity, they wished it to retain an educational purpose and sold it for a lower price to the Department of Education.
Some 4.5 acres of lands ancillary to the school, which had not been used as playing fields for some time since the school had closed, were not included in that sale.
The Presentation Brothers had since decided to sell these lands to fund their mission, to provide for the upkeep of their remaining schools here and in Africa, and for the care of elderly members of the order.
The lands were zoned for open space and recreational amenity purposes, which could incorporate commercial recreational development.
The brothers could have sought to have them zoned residential amenity thus increasing their value, but had not made an issue of that, the judge said.
He said it appeared a well-known property developer met the county manager on June 11th, 2007, to discuss a possible development of the lands.
Within hours of that meeting, the manager began a process to vary the county development plan to ensure the continued use of the lands as playing fields and circulated a report that same day to councillors. The council had voted for that proposal on October 8th, 2007.
The judge said the brothers were not informed of the proposal prior to its circulation to councillors and were kept in ignorance until, by chance, they saw a flyer welcoming the proposal.
The brothers then sought a meeting with the county manager but they were refused.
The council now conceded this treatment of the brothers was unlawful and the council decision could not stand, the judge said.
Mr Justice Kelly also noted that the development objective of preserving the lands for playing fields was negative in character as the lands were not used for playing fields now and could only be used for that purpose if the brothers, as owners of the lands, agreed.
MARY CAROLAN
Irish Times
www.buckplanning.ie
The brothers had been treated in a "high-handed and extremely shabby" manner, Mr Justice Peter Kelly also said.
The judge noted Dún Laoghaire-Rathdown Council had conceded its decision on the lands was unlawful and had not disputed that the brothers had not been told of the proposal in advance and only learned of it by chance from a leaflet distributed by a local councillor.
He made an order quashing the council decision and also awarded costs to the brothers, adding that he would have awarded costs at the highest level but could not do so.
In their proceedings, the brothers said the council had stated Glasthule was deficient in open spaces but claimed no evidence was adduced by the council in that regard. The council's action had effectively sterilised the lands, it was claimed.
Given their ownership of the lands in question and their 150 years' service to the people of Glasthule, the brothers had been treated with "extremely bad manners" by the county manager, the judge said.
The judge was dealing with proceedings in which the Presentation Brothers sought to challenge the decision of the council's elected members of October 8th, 2007, to approve a variation in its development plan providing for the preservation of the lands at Hudson Road, Glasthule, as a playing field.
There is no public access to the lands and they have not been used as playing fields for some time, the court heard.
Yesterday, Donal O'Donnell SC, for the brothers, said the council had informed his side it was not opposing the application.
Ruling on the matter, the judge said the brothers had operated a highly successful school in Glasthule for many years until they decided, due to declining numbers, to close it.
While they had received offers from developers for the school building, zoned as residential amenity, they wished it to retain an educational purpose and sold it for a lower price to the Department of Education.
Some 4.5 acres of lands ancillary to the school, which had not been used as playing fields for some time since the school had closed, were not included in that sale.
The Presentation Brothers had since decided to sell these lands to fund their mission, to provide for the upkeep of their remaining schools here and in Africa, and for the care of elderly members of the order.
The lands were zoned for open space and recreational amenity purposes, which could incorporate commercial recreational development.
The brothers could have sought to have them zoned residential amenity thus increasing their value, but had not made an issue of that, the judge said.
He said it appeared a well-known property developer met the county manager on June 11th, 2007, to discuss a possible development of the lands.
Within hours of that meeting, the manager began a process to vary the county development plan to ensure the continued use of the lands as playing fields and circulated a report that same day to councillors. The council had voted for that proposal on October 8th, 2007.
The judge said the brothers were not informed of the proposal prior to its circulation to councillors and were kept in ignorance until, by chance, they saw a flyer welcoming the proposal.
The brothers then sought a meeting with the county manager but they were refused.
The council now conceded this treatment of the brothers was unlawful and the council decision could not stand, the judge said.
Mr Justice Kelly also noted that the development objective of preserving the lands for playing fields was negative in character as the lands were not used for playing fields now and could only be used for that purpose if the brothers, as owners of the lands, agreed.
MARY CAROLAN
Irish Times
www.buckplanning.ie
Monday, 4 February 2008
Brothers eye €40m windfall as council backs down over zoning
The Presentation Brothers religious teaching order is looking at a €40m-plus property windfall after succeeding in a legal action to stop Dun Laoghaire council from zoning land belonging to one of its former schools for sports and recreational use.
The four-acre playing fields at Hudson Road in Glasthule are among the last major potential development sites left in the Dun Laoghaire area and among the last open spaces. Dun Laoghaire Rathdown County Council last year zoned it for sports and recreational use only.
However, the order challenged the decision and the council has now conceded that it cannot succeed against the legal challenge.
In a letter to councillors last Friday, County Manager Owen Keegan, conceded that the council did not have grounds to insist that the lands should remain for recreational use. It is now likely that they will be sold for apartment development. As it is one of the last sites of its size in the Dun Laoghaire/Sandycove area the four-acre site is expected to fetch at least €10m an acre, as similar development land has already been fetching.
Local Fine Gael councillor Mary Mitchell-O'Connor is headmistress of the Harold National School in Glasthule whose children have used the fields up to now. She said, "Open space is at a premium in Dun Laoghaire and especially round this area. There are 500 children in the Harold and there is very little open space for them.
"We should try and preserve as much green space as we have and I would like to see the County Manager and the Presentation Brothers coming together to discuss this as an issue. I personally hope that this will not be yet another high-rise, high-density development proposal. We have had too many of those in Dun Laoghaire."
There was no comment available from the Presentation Brothers yesterday.
In his letter to the councillors, Mr Keegan said: "As you are probably aware, following the adoption by the council of this Variation, the Trustees of the Presentation Brothers Religious Order initiated judicial review proceedings against the council. Within the last few weeks, the case was remitted to the Commercial Court for hearing. The hearing of the action has been fixed for April 15, 2008."
He said legal advice had been sought and this was: "that the planning ethos and intentions of the council, intended to be expressed in the documentation upon which the decision to vary the Development Plan was made, are not clearly borne out in that documentation; that the Presentation Brothers make a strong case that the procedures adopted by the council are, in the legal sense, infirm; that defending the proceedings would be costly and result in delay and; that the Court would be more likely to quash the decision to adopt the Variation arising from the difficulties, which have been identified".
Mr Keegan added: "In these circumstances and in light of the legal advice given to me, I consider that it is both appropriate and prudent not to defend the proceedings and to allow the council's decision to vary the Development Plan to be quashed."
Around 4,000 apartment and town-houses are currently under construction or in planning in the Dun Laoghaire area, including some 1,300 in the first phase of the Cosgrave Brothers development of Dun Laoghaire Golf Course. Developer Noel Smyth, who is seen locally as one of the likely bidders for the Presentation site, is also involved in proposals for around 400 apartments, including the proposal to build two apartment blocks in the grounds of St Michael's Hospital in Dun Laoghaire.
JIM CUSACK
Irish Independent
www.buckplanning.ie
The four-acre playing fields at Hudson Road in Glasthule are among the last major potential development sites left in the Dun Laoghaire area and among the last open spaces. Dun Laoghaire Rathdown County Council last year zoned it for sports and recreational use only.
However, the order challenged the decision and the council has now conceded that it cannot succeed against the legal challenge.
In a letter to councillors last Friday, County Manager Owen Keegan, conceded that the council did not have grounds to insist that the lands should remain for recreational use. It is now likely that they will be sold for apartment development. As it is one of the last sites of its size in the Dun Laoghaire/Sandycove area the four-acre site is expected to fetch at least €10m an acre, as similar development land has already been fetching.
Local Fine Gael councillor Mary Mitchell-O'Connor is headmistress of the Harold National School in Glasthule whose children have used the fields up to now. She said, "Open space is at a premium in Dun Laoghaire and especially round this area. There are 500 children in the Harold and there is very little open space for them.
"We should try and preserve as much green space as we have and I would like to see the County Manager and the Presentation Brothers coming together to discuss this as an issue. I personally hope that this will not be yet another high-rise, high-density development proposal. We have had too many of those in Dun Laoghaire."
There was no comment available from the Presentation Brothers yesterday.
In his letter to the councillors, Mr Keegan said: "As you are probably aware, following the adoption by the council of this Variation, the Trustees of the Presentation Brothers Religious Order initiated judicial review proceedings against the council. Within the last few weeks, the case was remitted to the Commercial Court for hearing. The hearing of the action has been fixed for April 15, 2008."
He said legal advice had been sought and this was: "that the planning ethos and intentions of the council, intended to be expressed in the documentation upon which the decision to vary the Development Plan was made, are not clearly borne out in that documentation; that the Presentation Brothers make a strong case that the procedures adopted by the council are, in the legal sense, infirm; that defending the proceedings would be costly and result in delay and; that the Court would be more likely to quash the decision to adopt the Variation arising from the difficulties, which have been identified".
Mr Keegan added: "In these circumstances and in light of the legal advice given to me, I consider that it is both appropriate and prudent not to defend the proceedings and to allow the council's decision to vary the Development Plan to be quashed."
Around 4,000 apartment and town-houses are currently under construction or in planning in the Dun Laoghaire area, including some 1,300 in the first phase of the Cosgrave Brothers development of Dun Laoghaire Golf Course. Developer Noel Smyth, who is seen locally as one of the likely bidders for the Presentation site, is also involved in proposals for around 400 apartments, including the proposal to build two apartment blocks in the grounds of St Michael's Hospital in Dun Laoghaire.
JIM CUSACK
Irish Independent
www.buckplanning.ie
Tuesday, 3 April 2007
Zoning decision reversed after public outcry
KERRY County Council has reversed a controversial zoning decision that resulted in an outcry from residents of the scenic Aghadoe area, near Killarney.
Yesterday, the council unanimously decided to rescind a decision, made in January, to zone four acres for an industrial storage facility by businessman and developer Con Duggan, in Aghadoe.
More than 100 submissions opposing the original decision were sent to the council by residents and hoteliers in the area. Public protest meetings were also held.
Proposing a reversal of the earlier decision, Independent Councillor Brendan Cronin, said a clear message needed to be sent out to all developers that Aghadoe must be preserved.
Independent Councillor Danny Healy-Rae apologised to the residents for supporting the initial proposal, which had taken the residents unawares. “The way it (zoning proposal) was presented to me, it seemed to be alright,” he added.
Mr Healy-Rae also suggested all such zoning proposals be advertised publicly.
But, Sinn Féin Councillor Toireasa Ferris said that was the way the process was done anyway.
“There seems to be a lot of bad decisions in this chamber ... We shouldn’t come under pressure from individual developers.
“If some of us (the minority of six who voted against the Aghadoe zoning originally) can do the right thing, the rest of us can,” she said.
Following local protests, Mr Duggan told the council he did not wish to proceed.
The residents had claimed such a development would be totally unsuitable for a prime tourist area.
Donal Hickey
Irish Examiner
Yesterday, the council unanimously decided to rescind a decision, made in January, to zone four acres for an industrial storage facility by businessman and developer Con Duggan, in Aghadoe.
More than 100 submissions opposing the original decision were sent to the council by residents and hoteliers in the area. Public protest meetings were also held.
Proposing a reversal of the earlier decision, Independent Councillor Brendan Cronin, said a clear message needed to be sent out to all developers that Aghadoe must be preserved.
Independent Councillor Danny Healy-Rae apologised to the residents for supporting the initial proposal, which had taken the residents unawares. “The way it (zoning proposal) was presented to me, it seemed to be alright,” he added.
Mr Healy-Rae also suggested all such zoning proposals be advertised publicly.
But, Sinn Féin Councillor Toireasa Ferris said that was the way the process was done anyway.
“There seems to be a lot of bad decisions in this chamber ... We shouldn’t come under pressure from individual developers.
“If some of us (the minority of six who voted against the Aghadoe zoning originally) can do the right thing, the rest of us can,” she said.
Following local protests, Mr Duggan told the council he did not wish to proceed.
The residents had claimed such a development would be totally unsuitable for a prime tourist area.
Donal Hickey
Irish Examiner
Saturday, 17 February 2007
State to acquire unused development land by order
Tim O'Brien writing in The Irish Times provides good coverage of a Departmental press release which finally takes on some of the Kenny Report's findings:
The Government is to introduce a "use or lose it" provision under which the State will compulsorily acquire development land from owners who have failed to exploit its potential.
The measure - mooted as long ago as 1973 in the government-commissioned Kenny Report on the price of building land - has been approved by Cabinet, Minister for the Environment Dick Roche said yesterday.
Announcing a number of reforms of housing policy - including new measures for people to acquire social and affordable housing - Mr Roche said various governments had "genuflected in the direction of the Kenny Report" over recent decades.
But he maintained the current administration is the first to adopt the broad thrust of the recommendations as Government policy and instruct the Attorney General to bring forward new legislation.
The 1973 Kenny Report, which dealt with obstacles to the rapid supply of housing, proposed the government acquire land for development at its existing, usually agricultural value, plus 25 per cent.
Yesterday Mr Roche said the new proposals would affect zoned, designated land which the owners had failed to develop or to allow be developed.
The Minister ruled out paying the full development value for undeveloped land.
"It would be less than the development value. I don't want to overly reward people for sitting on it" he said. The measure would, he said, be a "significant financial incentive" to owners of designated land to see it developed.
Acknowledging previous concerns that such a move may have constitutional difficulties because of property rights, Mr Roche said the legislation would be complex but could be implemented.
He cited Part V of the Planning and Development Act 2000 and the State's compulsory purchase order mechanisms as legislation which had been tested by the Supreme Court and had been found to be sound.
Such schemes had served in that they had allowed authorities to acquire land and he was sure the Attorney General's office, which he said had appointed a counsel to work on the issue full-time, would come up with a Bill which was satisfactory.
The legislation, which may be published this summer, will not however be enacted before the general election, the Minister acknowledged. The provision is one of a number of measures aimed at speeding up the supply of development land, particularly land for housing, which was contained in a new strategy, Delivering Homes - Sustaining Communities, published yesterday.
Mr Roche said the strategy was a "companion document" to the National Development Plan Transforming Ireland 2007 - 2013 , which would detail how €18 billion would be spent on housing over the next seven years.
The Government is to introduce a "use or lose it" provision under which the State will compulsorily acquire development land from owners who have failed to exploit its potential.
The measure - mooted as long ago as 1973 in the government-commissioned Kenny Report on the price of building land - has been approved by Cabinet, Minister for the Environment Dick Roche said yesterday.
Announcing a number of reforms of housing policy - including new measures for people to acquire social and affordable housing - Mr Roche said various governments had "genuflected in the direction of the Kenny Report" over recent decades.
But he maintained the current administration is the first to adopt the broad thrust of the recommendations as Government policy and instruct the Attorney General to bring forward new legislation.
The 1973 Kenny Report, which dealt with obstacles to the rapid supply of housing, proposed the government acquire land for development at its existing, usually agricultural value, plus 25 per cent.
Yesterday Mr Roche said the new proposals would affect zoned, designated land which the owners had failed to develop or to allow be developed.
The Minister ruled out paying the full development value for undeveloped land.
"It would be less than the development value. I don't want to overly reward people for sitting on it" he said. The measure would, he said, be a "significant financial incentive" to owners of designated land to see it developed.
Acknowledging previous concerns that such a move may have constitutional difficulties because of property rights, Mr Roche said the legislation would be complex but could be implemented.
He cited Part V of the Planning and Development Act 2000 and the State's compulsory purchase order mechanisms as legislation which had been tested by the Supreme Court and had been found to be sound.
Such schemes had served in that they had allowed authorities to acquire land and he was sure the Attorney General's office, which he said had appointed a counsel to work on the issue full-time, would come up with a Bill which was satisfactory.
The legislation, which may be published this summer, will not however be enacted before the general election, the Minister acknowledged. The provision is one of a number of measures aimed at speeding up the supply of development land, particularly land for housing, which was contained in a new strategy, Delivering Homes - Sustaining Communities, published yesterday.
Mr Roche said the strategy was a "companion document" to the National Development Plan Transforming Ireland 2007 - 2013 , which would detail how €18 billion would be spent on housing over the next seven years.
Tuesday, 6 February 2007
Roche threatens to scrap Monaghan county plan over rezoning risks
Olivia Kelly in the Irish Times writes that Minister for the Environment Dick Roche has threatened to scrap Monaghan County Council's development plan because councillors have rezoned enough land to almost triple the population of the county and create "serious flooding" risks.
A letter, seen by The Irish Times , written on behalf of Mr Roche to the manager of the council, Declan Nelson, warns that unless the development plan is changed, the council could be forced to adopt a plan devised for it by the department.
County development plans are initially devised by the council's planners in line with national guidelines in relation to housing, spatial and planning strategies, and are usually amended by the councillors before they ratify the plan.
Last October councillors amended the draft Monaghan County Development Plan to adopt a large number of additional rezonings, against the advice of the planners.
Mr Nelson at this point warned councillors that there was a risk Mr Roche would not allow the plan to stand. A strongly worded four-page letter from the department now confirms Mr Nelson's view.
Councillors are accused of "sporadic and haphazard zoning" at many locations.
A significant number of the amendments are "not in the interests of proper planning" and "an effective balance in reconciling local aims and objectives with national and regional policies has not been achieved", the letter states.
The councillors' amendments "seriously compound an already ambitious level of zoning at over 40 locations". Enough land had now been allocated to potentially increase the population of Monaghan, which stood at 55,800 in 2006, by 100,000. Some villages, which the letter states have "no services or facilities", could see their populations increase by up to 2,000.
On a national strategic level the projected population increase for the county was equal to that planned by the Government for the entire Border region, which includes counties Cavan, Donegal, Leitrim, Louth, Sligo and Monaghan, up to 2020.
In addition to the population increases, the zonings would create problems in relation to flooding and the provision of essential services.
The letter makes particular mention of Ballybay, where lands "clearly prone to serious flooding" had been rezoned.
At many other locations, including Rockcorry, Doohamlet and Connons, there was "sporadic and haphazard rezoning where random fields in unserviced and rural areas well beyond any reasonable development boundary for villages are zoned for residential development".
Unless the plan was scaled back to reflect these concerns, Mr Roche would "compel the planning authority to adopt a development plan that provides for a strategy for the proper planning and development of the county", the letter concludes.
The sole Independent member of the council, Vincent P Martin, who voted against most of the rezonings, said the Minister's intervention had "averted a planning disaster".
the mayor of Monaghan, Pádraig McNally (FF), who voted for several of the rezonings, said he was disappointed that the minister had chosen to intervene before the plan was finished.
A letter, seen by The Irish Times , written on behalf of Mr Roche to the manager of the council, Declan Nelson, warns that unless the development plan is changed, the council could be forced to adopt a plan devised for it by the department.
County development plans are initially devised by the council's planners in line with national guidelines in relation to housing, spatial and planning strategies, and are usually amended by the councillors before they ratify the plan.
Last October councillors amended the draft Monaghan County Development Plan to adopt a large number of additional rezonings, against the advice of the planners.
Mr Nelson at this point warned councillors that there was a risk Mr Roche would not allow the plan to stand. A strongly worded four-page letter from the department now confirms Mr Nelson's view.
Councillors are accused of "sporadic and haphazard zoning" at many locations.
A significant number of the amendments are "not in the interests of proper planning" and "an effective balance in reconciling local aims and objectives with national and regional policies has not been achieved", the letter states.
The councillors' amendments "seriously compound an already ambitious level of zoning at over 40 locations". Enough land had now been allocated to potentially increase the population of Monaghan, which stood at 55,800 in 2006, by 100,000. Some villages, which the letter states have "no services or facilities", could see their populations increase by up to 2,000.
On a national strategic level the projected population increase for the county was equal to that planned by the Government for the entire Border region, which includes counties Cavan, Donegal, Leitrim, Louth, Sligo and Monaghan, up to 2020.
In addition to the population increases, the zonings would create problems in relation to flooding and the provision of essential services.
The letter makes particular mention of Ballybay, where lands "clearly prone to serious flooding" had been rezoned.
At many other locations, including Rockcorry, Doohamlet and Connons, there was "sporadic and haphazard rezoning where random fields in unserviced and rural areas well beyond any reasonable development boundary for villages are zoned for residential development".
Unless the plan was scaled back to reflect these concerns, Mr Roche would "compel the planning authority to adopt a development plan that provides for a strategy for the proper planning and development of the county", the letter concludes.
The sole Independent member of the council, Vincent P Martin, who voted against most of the rezonings, said the Minister's intervention had "averted a planning disaster".
the mayor of Monaghan, Pádraig McNally (FF), who voted for several of the rezonings, said he was disappointed that the minister had chosen to intervene before the plan was finished.
Tuesday, 30 January 2007
Planners concerned about rezoning proposal
Jimmy Woulfe in The Examinaer tells us that a HUGE planning row is looming in idyllic Adare after it was confirmed yesterday that local politicians agreed, at a private meeting, to push for the rezoning of farmland near the village for housing.
Opponents warned it could turn the hamlet into a sprawling town.
At current prices, a one-acre site within 10 minutes walk of the village centre can fetch up to €1.5 million.
Due to spiralling site costs, councillors want to develop farmland near the village to open up the housing market for locally-born people.
However, planners are concerned the proposal could damage the village which attracts visitors from all over the world.
The seven councillors, who serve the Adare area, agreed at a recent private meeting to support an amendment of the County Limerick Development plan and press for the rezoning of surrounding farmland from agricultural use to housing.
Senior council officials claim the proposal flies in the face of an expert plan drawn up by the council on the development of the picture-postcard village.
Urban design consultants, Nicholas de Jong Associates, were commissioned to compile the plan.
The confidential report, seen by the Irish Examiner, concluded there was already adequate space — approximately 150 acres to fulfil the future housing needs of Adare for the next 20 years.
However, on being given access recently to the report, councillors for the Bruff electoral area — which includes Adare — agreed to press for a review of the de Jong recommendation.
Director of planning Tom Enright said yesterday the draft plan was still being prepared. “It will be brought back to the Bruff area meeting in February. We hope to have it before the full council in March and then put it on public display in April.”
Councillors from the Bruff electoral met privately on January 15 and agreed to support a move to rezone farmland on the outskirts of the village. A number of local farmers have asked to have lands rezoned.
Rezoning is one of the few powers still retained by elected council members but it requires 75% support, at a meeting of the full council.
It is the practice of Limerick county council if councillors in an electoral area agree to rezone land, colleagues from the other electoral areas back the move.
Councillor Niall Collins, a Fianna Fáil general election candidate who is one of the Bruff electoral area councillors, said: “All seven of us are singing from the one hymn sheet on this and want the boundary of the village pushed out. As a result of the lack of suitably-priced housing for locals, Adare has the smallest percentage of under 18s in the entire Bruff electoral area.
“Only a handful of the local hurling team live in the village area. The land which we want rezoned from agriculture to housing will be ring fenced for locals or people with local connections.”
A senior official said the council was extremely concerned at the implications of land on the periphery of the village being rezoned.
He said: “The de Jong report identifies 150 acres of development land in the village area. The report suggested a gradual development of this land which would hold about 1,800 houses, eventually increasing the village population by more than 7,000.”
Converting farmland into a housing site and adding them to this equation, he said, would be a recipe for potential disaster.
The senior council source, who asked not to be named, said many local people were not aware at what was going on behind closed doors among councillors.
“If the draft county development is amended to rezone farm land, the process might take on a certain momentum which could be hard to halt,” he said.
Opponents warned it could turn the hamlet into a sprawling town.
At current prices, a one-acre site within 10 minutes walk of the village centre can fetch up to €1.5 million.
Due to spiralling site costs, councillors want to develop farmland near the village to open up the housing market for locally-born people.
However, planners are concerned the proposal could damage the village which attracts visitors from all over the world.
The seven councillors, who serve the Adare area, agreed at a recent private meeting to support an amendment of the County Limerick Development plan and press for the rezoning of surrounding farmland from agricultural use to housing.
Senior council officials claim the proposal flies in the face of an expert plan drawn up by the council on the development of the picture-postcard village.
Urban design consultants, Nicholas de Jong Associates, were commissioned to compile the plan.
The confidential report, seen by the Irish Examiner, concluded there was already adequate space — approximately 150 acres to fulfil the future housing needs of Adare for the next 20 years.
However, on being given access recently to the report, councillors for the Bruff electoral area — which includes Adare — agreed to press for a review of the de Jong recommendation.
Director of planning Tom Enright said yesterday the draft plan was still being prepared. “It will be brought back to the Bruff area meeting in February. We hope to have it before the full council in March and then put it on public display in April.”
Councillors from the Bruff electoral met privately on January 15 and agreed to support a move to rezone farmland on the outskirts of the village. A number of local farmers have asked to have lands rezoned.
Rezoning is one of the few powers still retained by elected council members but it requires 75% support, at a meeting of the full council.
It is the practice of Limerick county council if councillors in an electoral area agree to rezone land, colleagues from the other electoral areas back the move.
Councillor Niall Collins, a Fianna Fáil general election candidate who is one of the Bruff electoral area councillors, said: “All seven of us are singing from the one hymn sheet on this and want the boundary of the village pushed out. As a result of the lack of suitably-priced housing for locals, Adare has the smallest percentage of under 18s in the entire Bruff electoral area.
“Only a handful of the local hurling team live in the village area. The land which we want rezoned from agriculture to housing will be ring fenced for locals or people with local connections.”
A senior official said the council was extremely concerned at the implications of land on the periphery of the village being rezoned.
He said: “The de Jong report identifies 150 acres of development land in the village area. The report suggested a gradual development of this land which would hold about 1,800 houses, eventually increasing the village population by more than 7,000.”
Converting farmland into a housing site and adding them to this equation, he said, would be a recipe for potential disaster.
The senior council source, who asked not to be named, said many local people were not aware at what was going on behind closed doors among councillors.
“If the draft county development is amended to rezone farm land, the process might take on a certain momentum which could be hard to halt,” he said.
Thursday, 4 January 2007
Kerry County Council and zoning a deadly combination
The Irish Examiner has this today:
DESPITE strong warnings from county manager Martin Riordan and senior planning officials, councillors in Kerry are continuing to rezone an excess amount of land for housing, planners have claimed.
Mr Riordan warned the council could be sued in regard to future planning decisions, as land for hundreds more houses than will be needed has been rezoned around villages in the Tralee/Killarney hub.
He described some cases of rezoning as leapfrogging on a “grand scale”, saying it was his duty to issue a formal warning that the council could be sued by developers if An Bord Pleanála refused planning permission for the rezoned land.
An Taisce claimed some of the rezonings were for the benefit of the landowners and developers rather than the community, while Independent Councillor Brendan Cronin said it was time for planning decisions to be taken out of councillors’ hands.
Senior planning engineer Tom Sheehy pointed out that the rural village of Kilcummin, near Killarney, would become bigger than the town of Dingle if all land in the area zoned for development was built on. He said Kilcummin already had enough land zoned for the equivalent of 532 houses, or 1,600 people.
But councillors decided, on the proposal of South Kerry Independent Alliance Cllr Michael Gleeson, to rezone another parcel of land, near Kilcummin, which could potentially provide housing for 500 people.
Mr Riordan strongly advised against this rezoning.
However, Independent Cllr Michael Healy-Rae said young people could no longer afford to purchase houses in towns like Killarney and Kenmare. Kilcummin was a suitable area for affordable housing, which was badly needed, he maintained.
Mr Sheehy described as outrageous another rezoning near Beaufort, Killarney.
This rezoning, led by Fine Gael Cllr John O’Connor and Fianna Fáil Cllr Colin Miller, involved seven acres at the foot of the MacGillycuddy Reeks. The land is beside a church and school, but does not form part of Beaufort village.
Mr Sheehy showed a five-minute video of the distance between the village and the land, which, he said, was at least half a mile down a narrow road. There were no footpaths and no lighting.
Mr O’Connor said there were other housing developments in the area and the proposal would include a childcare and educational facility and a playground. There was a need for housing in the area alongside a church and school, he felt.
The Tralee/Killarney hub area includes 20 villages surrounding the towns and is a designated development hub under the national spatial strategy.
DESPITE strong warnings from county manager Martin Riordan and senior planning officials, councillors in Kerry are continuing to rezone an excess amount of land for housing, planners have claimed.
Mr Riordan warned the council could be sued in regard to future planning decisions, as land for hundreds more houses than will be needed has been rezoned around villages in the Tralee/Killarney hub.
He described some cases of rezoning as leapfrogging on a “grand scale”, saying it was his duty to issue a formal warning that the council could be sued by developers if An Bord Pleanála refused planning permission for the rezoned land.
An Taisce claimed some of the rezonings were for the benefit of the landowners and developers rather than the community, while Independent Councillor Brendan Cronin said it was time for planning decisions to be taken out of councillors’ hands.
Senior planning engineer Tom Sheehy pointed out that the rural village of Kilcummin, near Killarney, would become bigger than the town of Dingle if all land in the area zoned for development was built on. He said Kilcummin already had enough land zoned for the equivalent of 532 houses, or 1,600 people.
But councillors decided, on the proposal of South Kerry Independent Alliance Cllr Michael Gleeson, to rezone another parcel of land, near Kilcummin, which could potentially provide housing for 500 people.
Mr Riordan strongly advised against this rezoning.
However, Independent Cllr Michael Healy-Rae said young people could no longer afford to purchase houses in towns like Killarney and Kenmare. Kilcummin was a suitable area for affordable housing, which was badly needed, he maintained.
Mr Sheehy described as outrageous another rezoning near Beaufort, Killarney.
This rezoning, led by Fine Gael Cllr John O’Connor and Fianna Fáil Cllr Colin Miller, involved seven acres at the foot of the MacGillycuddy Reeks. The land is beside a church and school, but does not form part of Beaufort village.
Mr Sheehy showed a five-minute video of the distance between the village and the land, which, he said, was at least half a mile down a narrow road. There were no footpaths and no lighting.
Mr O’Connor said there were other housing developments in the area and the proposal would include a childcare and educational facility and a playground. There was a need for housing in the area alongside a church and school, he felt.
The Tralee/Killarney hub area includes 20 villages surrounding the towns and is a designated development hub under the national spatial strategy.
Tuesday, 2 January 2007
Why have zoning?
An email just popped up asking me why we have zoning. This is part of a long debate about land use planning and I have not the time to write it out here. In contemporary Irish Development Plans the reason for zoning is to indicate to property owners and to the general public the types of development which the Council consider most appropriate in each zone. Sounds simple? Well in principle it is! But this hides a debate currently raging about how zoning of land is carried out, who benefits, should Councils buy up land before re-zoning, etc. Zoning is perhaps the most controversial part of Irish planning.
Wednesday, 29 November 2006
Dublin's relentless sprawl leaves planning in tatters
Useful article on sprawl by Frank McDonald:
Even Cavan is now in the capital's commuter belt, writes Frank McDonald , Environment Editor.
Every set of figures tells a story, and the preliminary report on last April's census is no exception. Indeed, its population statistics starkly illuminate the Government's laissez-faire approach to regional planning and its abject failure to ensure that growth happens in an orderly way in the right places.
This is dramatically true in the case of Dublin. Under the 1999 Strategic Planning Guidelines for the Greater Dublin Area (GDA), a policy of consolidating the metropolitan area was laid down, with only limited growth envisaged for the major towns of its hinterland. But even by census 2002 this was already in tatters.
Census 2006 has confirmed the sprawl of Dublin into Leinster, and even into parts of Ulster. As the Central Statistics Office (CSO) noted in its own commentary, Cavan had the highest growth rate of the State's three Ulster counties, with "the main stimulus coming from the south of the county, which is within commuting distance of Dublin".
Virginia is now a Dublin suburb. Its population rose by 34.5 per cent to 3,188 over the past four years. The outskirts of Gorey, Co Wexford - 100km from the capital - recorded an even more dramatic population increase of 53.2 per cent, while Enniscorthy's fell by 14.1 per cent; it has not been drawn into the Dublin commuter belt - yet.
Leinster's share of the State's overall population has continued to increase, largely fuelled by the sprawl of Dublin; it now accounts for just over 54 per cent of the total. All of the counties in Leinster increased their populations between 2002 and 2006, in most cases by more than the national average rate of 8.1 per cent.
Over the past 10 years, as the CSO noted, three Leinster counties - Fingal, Meath and Kildare - accounted for nearly 30 per cent of the 609,000 growth in the State's population. Fingal grew by an astonishing 22.1 per cent over the past four years, with the largest increase (32.3 per cent) being in the Blakestown area of Blanchardstown.
Between them, Meath, Kildare and Wicklow registered an increase of 15.1 per cent in the same period. The Midland Region, with an 11.5 per cent rise, also comfortably exceeded the national average rate of increase. As the CSO noted, its counties - Laois, Longford, Offaly and Westmeath - also form part of the wider Dublin commuter belt.
By contrast, Dublin's own population grew by just 5.6 per cent, with the large increase in Fingal being offset by smaller increases in Dublin city (2 per cent), Dún Laoghaire/Rathdown (1 per cent) and South Dublin (3.4 per cent). The main reasons were attributed by the CSO to "the relatively low level of new housing and an ageing population".
As Hubert Fitzpatrick, director of the Irish Home Builders' Association, said: "What is happening is that the failure to provide sufficient zoned and serviced lands in Dublin . . . is creating a doughnut effect, whereby increasing numbers of Dublin-based workers are being forced to move further and further from the city".
And as outer suburban areas experienced spectacular growth - 54.6 per cent in Ratoath, Co Meath, for example - established suburbs saw their populations decline. The Ludford area of Ballinteer and Williamstown in Blackrock - both in south Co Dublin - each fell by 10.2 per cent, while the centre of Dún Laoghaire dropped by 13.1 per cent.
Declines ranging from 8.1 to 9.2 per cent were registered for other Dublin suburbs experiencing the effects of the "empty nest" syndrome, such as Beaumont, Cabra, Harmonstown and Rathmines. This was true even in parts of Tallaght, where the population fell by 11.5 per cent in Killinarden and by 16.6 per cent in Glenview, while Jobstown went up by 27.9 per cent.
The flight of younger people to outer suburban areas was mirrored in Cork, Limerick and Waterford. The populations of Cork city and Limerick city fell by 3.2 per cent and 2.7 per cent respectively, even though Co Cork (up 11.4 per cent) was the fastest growing county in Munster, followed by Co Waterford (up 9.2 per cent) and Co Limerick (up 8.3 per cent).
Co Galway experienced an 11 per cent increase, while the rapid growth in the population of Galway city experienced since the 1991 census moderated to 9.3 per cent between 2002 and 2006. One of the reasons given was that many infill developments in city areas consisted of apartments catering for only one or two persons.
One encouraging trend is the re-population of Dublin's inner city. The biggest increase (56 per cent) was recorded in Arran Quay C, largely as a result of the redevelopment of Smithfield. Other major growth areas include Kilmainham (up 45.2 per cent) and Merchants Quay E (up 42 per cent).
Residential developments in Docklands are also reflected in the census results, with North Dock C up by 15.6 per cent and South Dock by 36.1 per cent, while frenetic building activity on the city's northern fringe has boosted Grange by 34.3 per cent and Kilmore A by 20 per cent.
But Hubert Fitzpatrick is right in saying that the planning system "seriously miscalculated population trends", especially in the GDA. Regional planning guidelines based their zoning recommendations on a projected population of 1.8 million by 2020. However, with this already at 1.67 million, the real figure in 2020 is more likely to be 2.2 million.
"This has huge implications for the amount of land zoned for all types of development and for the resources put aside to service these lands," he said.
More generally, the rising population will place added pressures on an already burdened public infrastructure - even as many existing facilities are under-utilised as a result of the crazy pattern of Ireland's growth.
Wednesday, 22 November 2006
Development plan for Cork green belt
A new roundabout and proposed developments in the green belt alongside the Cork-Bandon road will not undermine the area's special zoning, the manager of Cork County Council, Maurice Moloney, has told The
The new roundabout at Garranedarragh, Bishopstown, is to be paid for by Castlelands Construction, a Cork-based development company owned by John Barry.
The company will gain access to nine hectares (22 acres) of land zoned for housing which it owns and which adjoins the green belt.
Permission granted in 2005 by the council for this roundabout, following an application from the housing land's then owners, Rosbridge Properties, was overturned by An Bord Pleanala in December 2005.
Senior planner at the council Nicholas Mansergh had objected to permission for the roundabout, as he felt its main function would be to open up green belt land for development.
Christopher Gethin, an inspector from An Bord Pleanala, having reviewed the issue, reported that the principal issue was "the harm which would arise from the proposed development in terms of its effect on the green belt".
A new private hospital, an Enable Ireland facility and a park- and-ride facility, which are to be built in the green belt, are to be serviced by the new roundabout. However the inspector was of the view that the private hospital and park-and-ride developments should be located elsewhere.
Mr Gethin quoted Mr Mansergh's view that "building roads and sewers deep into previously inaccessible lands close to the edge of the city would be the most effective way of subverting" the green belt.
"It is my opinion that the appearance and the function of the green belt in this area is of outstanding importance, and the need to resist the enabling role of the roundabout in facilitating these damaging developments, is correspondingly important," Mr Gethin reported. An Bord Pleanála agreed and refused permission.
Mr Moloney told The
"They said 'we control the land and can we, in partnership with the council, look at it as a public and private project, a mix?'."
The council then proceeded by way of a part 8 procedure. This mechanism can be used when a proposed development "is by a local authority or on behalf of a local authority", Mr Moloney said. An aspect of the procedure is that once the permission is granted by the elected members of the authority, it cannot be appealed to An Bord Pleanála.
Castlelands's proposal to the council involved it paying for the roundabout and donating for the park-and-ride facility. The offer made it possible for the council to use the part 8 procedure because control of the land to be affected is needed if the procedure is to be used. The new roundabout will be built on public and privately held land.
Mr Moloney said the proposed project was publicised and then voted on and approved by the elected members in July. "The reality here is that a number of public and private concerns were going to merge and benefit."
He said it was not the case that nothing could be developed on green belt land. The
Mr Moloney said the "corporate view" within the council on the roundabout proposal was different to that of Mr Mansergh.
"The layout and development of these projects will mitigate against further development of the green belt."
He said the council has successfully resisted development of green belt land.
Sunday, 12 November 2006
Local Area Plans in Irish planning
Local Area Plans in Irish planning
Since the emergence of planning in
Under section 19 of the act, a local area plan may be prepared in respect of any area, including a Gaeltacht area, or an existing suburb of an urban area, which the planning authority considers suitable and, in particular, for those areas which require economic, physical and social renewal and for areas likely to be subject to large scale development within the lifetime of the plan. But must be made for areas: (1) designated as towns in the most recent census of population, (2) A town with a population over 2,000. Where plans ‘must’ be made, it has to be within two years after a development plan made under the 2000 Act and every 6 years after.
A local area plan shall be consistent with the objectives of the development plan and consists of a written statement and a plan or plans indicating the objectives. It includes details on community facilities and amenities and on standards for the design of developments and structures. It must also contain information on the likely significant effects on the environment of implementing the plan (in line with Strategic Environmental Assessment).
The procedure for the consultation and adoption of local area plans is laid out below (and in section 20 of the Act). A great deal of emphasis is laid on public consultation.
The Local Area Plan Process: A Local Area Plan (LAP) sets out a strategy for the proper planning and sustainable development of a specific area within a local authority and for a timescale as specified by the authority. The plan must consist of a written statement and map or maps, which set out the local authorities’ objectives for the plan area. These objectives may relate to any or all of the following:
1. Land Use Zoning & Density
2. Public Open Space
3. Private Open Space
4. Car Parking
5. Provision of Infrastructure
6. Conservation of Built Heritage
7. Conservation of Natural Environment
8. Provision of Traveller Accommodation
9. Community Facilities
10. Design & Development Standards.
The policies or objectives contained in a Local Area Plan must be consistent with the objectives of the Development Plan and must include information on the likely significant effects on the environment of implementing the Plan. A Local Area Plan is a legal document and must be prepared and adopted in a particular manner and within a strict timescale as set out in Part II Section 20 of the Planning and Development Act, 2000 and as amended 2002. The Planning Authority must indicate the period for which the Local Area Plan is to remain in force and may at any time amend or revoke the plan.
When considering an application for permission within the boundary of a Local Area Plan, the Planning Authority or An Bord Pleanála must take account of the provisions set out in the LAP. The provisions of any relevant draft Local Area Plan may also be considered.
A Local Area Plan may be prepared by a Local Authority at any time and for any particular part of its’ functional area. Two or more planning authorities may co-operate in preparing a Local Area Plan where the area concerned crosses the boundaries of adjoining authorities. The preparation, amendment or revoking of a Local Area Plan includes periods of consultation during which the input of the public, interested bodies and service providers is invited and welcomed. The making of a Local Area Plan is a reserved function of Elected Members of the County Council (Councillors). The Members can adopt, amend or revoke the Plan following consideration of any issues raised.
The following is a summary of the timescale and processes involved in the preparation and adoption of a Local Area Plan (LAP).
1. Pre-Draft Public Consultation Phase
Prior to preparing a draft Plan, the local authority takes whatever steps it considers necessary to consult the public including public bodies, non-governmental agencies, residents’ associations, community groups, and business interests in the area.
2. Draft Plan Preparation
The draft plan is prepared by the County Council for display taking into account issues raised during the pre-draft consultation phase.
3. Public Notice & Plan Display
An advertisement is placed in national newspapers announcing the preparation of a Local Area Plan. Notice and a copy of the Draft Local Area Plan is also sent to bodies such as the E.S.B., Department of Education and Science, etc, which are called “prescribed bodies.” The Draft Plan goes on display for a minimum period of 6 weeks during which submissions / observations are invited from the public and all interested parties.
4. Preparation of Manager’s Report on Submissions / Observations
This report must be submitted to the elected members of the County Council for their consideration not later than 12 weeks after notice is published in the national newspapers.
5. Manager’s Report Submitted to Elected Members for Consideration
Elected Members have 6 weeks to consider the report and adopt / amend the plan.
6. Amendment of Local Area Plan
If the Elected Members decide to amend the Local Area Plan otherwise than is recommended in the Manager’s Report, the Planning Authority must publish notice of the proposed variation or modification not later than 3 weeks after the passing of a resolution to materially alter the plan.
7. Display of Proposed Variation
The proposed variation(s) of a Local Area Plan must go on public display for not less than 4 weeks. Written submissions / observations received in respect of material alterations to the Local Area Plan are put on public display.
8. Preparation of Manager’s Report on Submissions on Proposed Variation
Manager’s report to be prepared on submissions / observations received in respect of material alterations to the Local Area Plan not later than 8 weeks after notice is published.
9. Elected Members Consider Proposed Variation / Modification & Manager’s Report.
Elected Members to make or amend the Local Area Plan with variation(s) proposed by the Planning Authority or, if different as recommended in the Manager’s report not later than 6 weeks after receiving the report.
A Local Area Plan is prepared with input from many people and organisations including the following:
1. Elected Members of the County Council (Councillors);
2. Members of the Public;
3. Departments within the County Council;
4. Residents’ associations, community groups, non-governmental agencies, etc.;
5. An Bord Pleanála & Prescribed Authorities, e.g. the National Roads Authority, E.S.B. etc.
It is important that everybody who may be affected by the plan is given the opportunity to be involved in this process. A Local Area Plan is a plan, which will govern all development on the plan area for the timescale specified. Everybody including those not directly affected is entitled to give an opinion on any aspect of a Local Area Plan. All written submissions received during the draft display will be considered and reported on in the Manager’s Report.
Making a Submission on a Local Area Plan: All submissions should be clear and concise – to facilitate this, most councils provide a submission form. However, submissions do not have to be made on this form. Submissions can be made at pre-draft consultation phase or during the public display period of the Draft Local Area Plan.
All submissions must be made in writing to the planning Department:
Submissions / Observations should be marked X Local Area Plan and usually may also be made via e-mail to X and should state the name of the person making the submission and where relevant the body represented. For full details see Part II Sections 18, 19 & 20 of the Planning and Development Act, 2000 and Sections 8 & 9 of the Planning and Development (Amendment) Act, 2002.
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