Planning decision on ‘river houses’ due in two weeks
(30/04/2011)
A planning decision which will mark another milestone in a six year old controversy over the location of two newly built houses on the bank of the Mulcair river is scheduled to be delivered within a fortnight.
The houses are on an estate, which was listed among the ‘ghost’ housing estates in the country in a recent assessment, which remains partially built and is now in the hands of a receiver.
Nearly 100 housing units were originally planned for the site at Tullow, Newport, beside the town on the Murroe Road.
Controversy raged over the siting of two semidetached houses on the estate, from the stage when the foundations were prepared, with allegations that the bank of the river, along which it was believed planning required the retention of a public walk, had been pushed forward with the houses being built over the river bank.
However the construction of the controversial houses continued, despite objections by the Regional Fisheries, Department of the Environment, and local Development Association.
The houses, which were completed, have been of concern that the foundation is in danger of being eroded from high water levels in the river. They remain unoccupied and boarded up.
An Bord Pleanala is scheduled to give a decision within a fortnight on an appeal against the construction of a retaining wall in the river, to provide protection for the houses.
The estate is now in receivership and residents who now occupy some of the completed houses on the estate are due to have a private meeting with the receiver later this week to voice their concern at the lack of progress, as an extension to planning for the completion of the estate is about to run out.
Meanwhile the controversy over the houses has been raised at meetings of the County Council where councillors described it as “a possible illegal development straddling the banks of the Mulcair River” and called on the Planning Section of the County Council “to carry out their statutory responsibility with regards to possible enforcement action”.
Last year it was announced that at the request of Ulster Bank (Ireland) Ltd, Kieran Wallace, KPMG had been appointed received and manager to the construction firm of J P O’Connor, Maghera, Bawn Cross, Feakle, Co Clare, the company developing the estate.
In June 2009, an application an extension of time for the construction of 92 houses, and a crèche was granted, extending the period for completion to July 2011.
In December 2009, North Tipperary County Council refused an application for planning permission for the construction of a ‘crib’ retaining wall on the riverbank for the protection of the houses.
Refusing planning approval the council stated: “The application site is located within the Lower Shannon Special Area of Conservation ( SAC Site Code 002165) and it is an objective of Policy ENV47 of the County Development Plan 2004 to protect the conservation value of such areas. In the absence of an appropriate assessment of the ecological impacts of the proposed development as required under Article 6(3) of the EU Habitat Directive the Planning Authority is not satisfied that the proposal will not have an adverse impact upon the nature conservation value of the SAC.”
Submissions on the proposed development were received by the County Council from the Department of the Environment, Shannon Regional Fisheries Board and Newport Development Association.
In April 2010 a planning application was made to North Tipperary County Council for: (a) retaining sprayed concrete wall with planting to retain sloped river bank; (b) minor amendments to the location of the riverside walk; (c) amending landscaping layout and (d) associated site works. Conditional approval was granted in December 2010 and an appeal to An Bord Pleanala against the decision by the Council is scheduled for decision within the next fortnight.
The original outline planning permission for the construction of 95 units was applied for in 2002 and granted in April 2003. The site was subsequently purchased by M. Fitzgibbon (Builders) Ltd, Ennis and received planning approval for the construction of 92 houses, comprising of 10 detached houses, 50 semidetached houses, 16 town houses, 16 apartments and a crèche with 24 conditions was granted in June 2004.
The site with planning was purchased by J P O’Connor Construction Ltd, of Feakle, Co Clare and construction work commenced on the site which remains partly built and in receivership since early 2010.
It is understood that Newport Development Association in their submissions in respect of planning approval for the site had sought that a traditional walk along the bank of the river should be retained for recreation, but the construction of the controversial houses has interfered with this also.
It was also sought by the association that the vegetation and trees on the bank of the Mulcair should be retained, but these were removed to clear the site for the houses.
The association has expressed their concern that narrowing of the river with the construction of the proposed retaining wall, could have a detrimental effect on the water flow at periods of high water levels in the river which runs through the town, and may lead to problems for some householders when water levels similar to those experienced in recent years occur again. Caption: The controversial houses at Mulkear View on the bank of the Mulcair on the right.