Posts Tagged ‘An Taisce’

Kildare Outlet Village Decision Appealed

December 3, 2012

The decision by Kildare County Council to grant permission for a large scale extension of the Kildare Outlet Village has been appealed to An Bord Pleanala.  There are 3 third party appeal, two from local retail interests (Whitewater Shopping Centre and Tesco) and one from An Taisce.  The applicants themselves have also lodged an appeal.  It will take approximately 18 weeks for a decision, although due to the Board still dealing with a backlog arising from when they had a reduction in Board members, this period could take longer.

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An Bord Pleanala grant retention of warehouse in Craddockstown, Naas, Co. Kildare

August 18, 2010

Despite two third party appeals, one from An Taisce, An Bord Pleanala have upheld the decision of Kildare County Council to grant retention permission for replacement industrial/warehouse units and demolition of existing warehouse at The Elms, Craddockstown West, Naas, County Kildare.  Although the development was on unzoned lands, the Board placed weight on the long standing nature of the family business on the site and the design of the development.

Hotelier’s site permission rejected a third time

March 18, 2010

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, Thursday, 4 March 2010

High Court must consider issue of EIS Statement

March 2, 2010

Abbeydrive Development Ltd -v- Kildare County Council.

Supreme Court Judgment was delivered by Mr Justice Nicholas Kearns on February 18th, 2010; Ms Justice Susan Denham, Mr Justice Adrian Hardiman, Mr Justice Geoghegan and Mr Justice Nial Fennelly concurring.

Judgment

A previous Supreme Court judgment, that a planning permission was deemed to have been granted by Kildare County Council, which had failed to give a decision within the prescribed period, should be remitted to the High Court to consider the issue of an Environmental Impact Assessment, which should have been considered under an EU directive.

The Supreme Court also ruled that An Taisce should be heard at any hearing that might take place.

Background

The case concerned a “default” planning permission which was deemed to have been obtained by the appellants on appeal of a decision of the High Court.

The Supreme Court had ruled the applicant was entitled to a declaration under the 2000 Planning and Development Act that the planning authority, the county council, having failed to make a decision on the applicant’s application within the prescribed period, be deemed to have given such decision on the last day of that period.

The original planning application in 2002 was accompanied by an environment impact statement (EIS).

An Taisce, as a prescribed body under the 2000 Act, was notified of the application and made a submission. It received no further correspondence until January 2007 when it was informed that the planning application had been deemed withdrawn. In fact, this was not so and the letters stating this were totally misleading.

Therefore An Taisce was totally unaware of the proceedings relating to the default permission in either the High Court or the Supreme Court until it was reported in a newspaper in July 2009.

It sought to appeal to An Bord Pleanála but the appeal was deemed invalid because it was outside the permitted period for making an appeal. (more…)

Continuation of sand and gravel pit at Nurney Demense, Nurney appealed to An Bord Pleanala

January 18, 2010

Dungrove Developments (in receivership) have lodged a first party appeal to An Bord Pleanala in respect of the proposed continuation of sand and gravel pit at Nurney Demense, Nurney.  An Taisce have lodged a third party appeal in relation to the same application.