Appeals throw spanner in works for Ennis development

FIVE individual appeals have been lodged to An Bord Pleanala against the decision by Clare County County to grant planning permission for a residential development near an Ennis retirement village.

The local authority gave planning permission in March to Leadlane (Drumbiggle) Ltd to construct 56 residential units on lands to the west of Pairc na Coille Retirement Village in Drumbiggle.

However the plans are now on hold as five separate third party appeals have been lodged with the planning board.

Issues raised in the appeals include fears by residents of the Willsgrove housing estate in Ennis that the council will in the future create a pedestrian/cycle link between the estate and the new development.

The link, which was opposed by residents, had been removed from the proposal during the planning process.

In assessing the application planners with the local authority outlined a concern that without the inclusion of the proposed pedestrian link the development would constitute a cul-de-sac.

Willsgrove resident Michael O’Flanagan in his appeal to An Bord Pleanala outlined “serious concerns” about the possibility of a future pedestrian/cycle link including that it could become a ‘rat run’ and an “ideal unlit and hidden from view” location for anti-social behaviour.

Clare County Council’s planning office in its observations on the appeal to An Bord Pleanala point out that the pedestrian link was not permitted in the decision, adding that not including the link is a “significant missed opportunity” for the improvement of permeability in the wider area.

An issue of legal interest was not addressed by the applicant and therefore including the link was not feasible with the application, the response stated.

“The planning authority considers that there is considerable merit for the inclusion of such a link in the future and the layout as proposed would allow for such a connection.”

Mr O’Flanagan’s appeal argues that the council is prepared to implement the proposal “through the use of any means available contrary to the wishes of the residents of Willsgrove and to the detriment of their residential amenity, privacy and security”.

Fellow Willsgrove resident Brian McMahon has also lodged an appeal citing a “serious concern” among residents that there is an intention to revisit the pedestrian / cycle link in the next phase of development.

They fear increased illegal parking, noise nuisance, anti-social behaviour and a reduction in property value among other issues, his appeal outlined.

He has urged An Bord Pleanala to insist on a condition of planning preventing the developers from breaking through Willsgrove boundary walls “not now or at any stage in the future”.

Responding to the appeal, Clare County Council’s planning office stated that any potential future alterations to the permitted scheme would be assessed by the planning authority on their merits at the time of their proposal.

A further appeal lodged by Willsgrove resident Kevin Tiernan has raised questions about the Natura Report and Ecological Impact Assessment carried out by the developers describing the documents as “deficient and inadequate in nature”.

He contended that the tests carried out, particularly in relation to the effect of the proposed development on protected species, is “going nowhere near what is required by law”.

He cites a report compiled by Dr William O’Connor, an expert in bat surveying, which according to the appeal, points to “deficiencies” in the developer’s reports.

Concern of the effect of the proposed development on bat species was also raised by Dublin resident Sean Ben Connolly in his appeal to An Bord Pleanala.

“Unfortunately the ecology that exists at the proposed site has no alternative or second chance. It cannot pick and choose to relocate itself. The area must be preserved and protected in accordance with Irish and European law,” the appeal states.

John Hodnett with an address in Meath has appealed to the board stating that both the Natura Impact Statement and Environmental Impact Assessment are “fundamentally flawed”.

The planning authority’s observations to An Bord Pleanala conclude that the content of the appeals has been noted and considered.

The council maintains that subject to the conditions set out the proposed development would not seriously injure the amenities of the area or of property in the vicinity and would be acceptable on the grounds of traffic and pedestrian safety and convenience.

“In addition, the planning authority considers the Natura Impact Statement and all other relevant submissions and information available to carry out the appropriate assessment of the implications of the proposed development for European Sites was adequate to allow a decision to be made in relation to the potential for adverse effects.”

The planning authority contends the development would be in accordance with the proper planning and sustainable development of the area and has requested An Bord Pleanala uphold the decision to grant permission.

A decision is expected to be made by An Bord Pleanala in August.