Tourism development overturned in Ogonnelloe

OFFICIAL approval for a tourism development in Ogonnelloe has been overturned by An Bord Pleanála following an appeal by An Taisce.
Clare County Council recently granted Patrick Jones permission to renovate and extend two houses and provide treatment units and associated percolation areas and retention of a boardwalk on the jetty at Aughinish, Ogonnelloe subject to 10 conditions.
The conditions included approval to refurbish buildings denoted on plans as buildings A and C but the original proposed breakwater and renovation of building B was not permitted.
The dwellings could only be used for short-term lettings and couldn’t be used as permanent places of residence.
Mr Jones had withdrawn a proposal to provide a break-water facility as this was deemed to be too expensive and he also deferred plans to renovate building identified as B in the original plans to renovate and extend three houses.
The applicant was prepared to submit a separate planning application to refurbish the middle house once he receives a derogation licence following the completion of a bat survey, which can only be carried out between May and September.
However, this development is now on hold after the appeals board stated it is not satisfied that adequate consideration had been given to matters such as drainage and flood risk, having regard to the location of the site, history of flooding in the area and the effects of climate change.
In the absence of adequate assessment of these matters, the board is not satisfied that the proposed development, with particular reference to the access road and houses A and B, would not give rise to a risk to public health and safety and constitute an unacceptable risk of water pollution.
In its appeal, An Taisce alleged the legal status of the jetty is uncertain and its exempted status should have been determined under Section Five.
It claimed omission of building B from the development results in a piecemeal and fragmented approach to the development, without integrated assessment or ecological management.
“The site has been subject to flooding. The lake reached 101.4 feet in December 2009 but levels could have varied up or down. Water levels touched or were in proximity to subject buildings.
“The access road is low-lying and has been subject to flooding. The evaluation of waste-water disposal arrangement by the council was poor. Issues such as variable water table and flood levels were not resolved.
“The standard conditions on wastewater are not appropriate for this complex site,” it stated.
In response, the applicant pointed out this small-scale renovation project would contribute to tourism in the area and secure the conservation of these historic houses.
Mr Jones stated the lands were purchased in 2003 and the jetty was renewed with the knowledge of the council who confirmed by letter that the jetty, which was on the site for generations, was deemed to be exempted development.
He said the appellant’s interpretation of flood and site levels was inaccurate.
“Levels in the lake in November/December 2009 were the highest recorded since 1929. These floods were a very rare event.
“The access road was underwater but did not prevent access to the site. The highest levels recorded on the lake at Killaloe were 34.33 OD Poolbeg. Floor levels of the existing houses are 34.52, 35.04 and 35.66 and are not at risk of flooding.
“Water observed by appellants on the floor of House A is likely to have been rain water. Initial trial holes were dug on the site in June 2009 to 2.1m in depth. Lake levels were 33.3m at Killaloe at this date and there was no water encountered in the holes.
“Further trial holes were dug in December 2009 at ground level of 35.719 OD to a depth of 1.3m and 2.1m, which encountered no groundwater. Lake levels were 33.34m at Killaloe at this date.
“Variation in flood and water table levels will not therefore affect the operation of the waste water treatment plant,” he explained.