Board turns down Kilcolgan school proposal

PLANS to construct a new school at a site in Kilcolgan were halted recently when An Bord Pleanála refused permission for the project. Galway County Council had initially given the go-ahead for the new school, which was to be run by a mystery educational provider. Following an appeal, An Bord Pleanála turned down the proposed new school.
In May last year, Thomas and Nancy Neilan applied to the local authority for temporary planning permission to construct a six-classroom educational building to include a staff room, resource rooms, office and toilets to Department of Education specifications, a treatment unit, percolation area and all associated site services.
In a letter to the council, the Neilans stated their application “had not been submitted on behalf of Educate Together, rather it is in response to another educational provider, who has expressed an interest in opening a school in Kilcolgan”.

“We would like to reiterate that our application is not for Educate Together but for another educational provider, who has approached us regarding our centrally-located site, which has the benefit of proximity to the bus stop, local services of shop and post office and would be a welcome addition to the main thoroughfare in Kilcolgan village centre,” they added.

Galway County Council granted permission for the school back in January, subject to 12 conditions, but this was subsequently appealed by Alan Kelly of Enplan Consultants. Mr Kelly and this firm acted as agent for Tom Quinn in his application for an eight-classroom Educate Together primary school, which got the go-ahead earlier this year.

In his appeal, Mr Kelly stated, “there are serious deficiencies with the proposal”. Issues raised in the appeal included “the ability of the site to accommodate a high concentration of vehicles at school opening and closing times”, issues around sightlines, lack of refuse facilities, a lack of adequate cycle lanes and cycle parking and the adequacy of the site to provide the safe treatment of effluent.

It also raised questions about the proposed buffer zone around the treatment plant, drainage design details and calculations, the projected pupil numbers and plans to reinstate the site after five years.

It further questioned the location of the proposed building, saying it would “come into conflict with the treatment plant and EPA guidance for a 31m buffer zone between the plant and any development”.

The appeal also stated the further information submitted by the applicants “constitutes ‘significant further information’ and, as such, the applicants should have been requested by Galway County Council to advertise the fact that this information had been submitted”.

The source of the appeal led the Neilans to describe it as “vexatious” in a letter to An Bord Pleanála. They stated that Mr Kelly “appears to be very concerned about the additional educational buildings hereby proposed in the village of Kilcolgan. However, it is not clear why the consultant should view this particular application with such concern unless the appeal is being driven by a third party.”

In assessing the appeal, An Bord Pleanála’s inspector stated the appeal raised “substantive planning issues” and should therefore be considered. The inspector concluded that Kilcolgan should be regarded as a suitable location for a primary school facility, subject to the provision of adequate on-site and/or public services.

His report added that “having regard to the central location and elevated character of the subject site, there are shortcomings in the proposed development vis á vis visual amenity and wastewater disposal in full compliance with prevailing guidelines.

“It is not appropriate that temporary facilities be permitted at a locally prominent and strategic location where amenity issues arising must in any event be properly addressed in the first instance in the interests of the proper planning and sustainable development of the area.”

The board overturned Galway County Council’s grant of planning permission and upheld the appeal by Mr Kelly of Enplan. It decided that “a structure designed to provide temporary classroom accommodation would seriously injure the visual amenities of the area and would be contrary to the proper planning and sustainable development of the area”.

It also said it was “not satisfied that the proposed development would not constitute an unacceptable risk of pollution of groundwater.

“Accordingly, it is considered that the proposed development would be prejudicial to public health and contrary to the proper planning and sustainable development of the area.”