Planning board toughens stance on appeals

The fact that Ireland is no longer poor means that the State can now afford to say "no" to developments which might have been…

The fact that Ireland is no longer poor means that the State can now afford to say "no" to developments which might have been approved in the past because of the overwhelming need for job creation, according to the chairman of An Bord Pleanala.

In a significant change of approach, Mr Paddy O'Duffy says the appeals board is giving greater weight to environmental considerations and "sustainable development", in line with Government policy in this area. "Because of current economic growth, we as a nation can afford to say `no' to certain types of development," he said, adding that the message inherent in some of the board's decisions was that the developers involved should think again about their plans. For example, of the 107 appeals determined in 1998 in cases involving often highly contentious masts for mobile phone communications, 57 were refused by the board, 33 were granted and the remaining 17 were either deemed invalid or withdrawn.

In dealing with such cases, Mr O'Duffy said, the board took particular account of whether a proposed mobile phone mast was located in an area of high amenity or in proximity to houses and schools. "We're trying to get the balance right," he said. Asked about the clusters of holiday homes encouraged by the tax incentive scheme for seaside resorts, Mr O'Duffy said it was clear that this had led to "an explosion of development" in areas for which there were no development plans in place. He said the main reason why the board had refused permission for a cluster of 60 holiday homes in Ventry, Co Kerry, was that this area and its Gaeltacht heritage could be "swamped" by such developments. "That shows the shift in opinion on the board," he said. Mr O'Duffy said the board believed there was an "obligation on us all to protect our very varied heritage". In this context, it welcomed "very much" the Bill published by the Minister for the Environment, Mr Dempsey, to give greater protection to heritage buildings.

He noted that the board is required to have regard to ministerial policy directives, guidelines and circulars - including those setting limits on the size of "superstores" or on the issue of increasing residential densities in the interest of sustainable development.

READ MORE

The most notable decisions made by the board over the past year included its rejection of the National Gallery's original plans for its £15 million extension in Clare Street, mainly on the grounds that it would have involved demolishing a Georgian building. This decision came as a surprise, especially because it applied to a major public project.

It also refused permission for sand and gravel extraction at Glen Ding, near Blessington, Co Wicklow, because it was an area of outstanding natural beauty with archaeological potential. Roadstone's plans to extend its quarry there have been the subject of major controversy.

The board also refused planning permission for a cluster of holiday homes in Kilkee, Co Clare, because it felt this resort was in danger of being overwhelmed by such schemes. Permission was also refused for 140 houses in Kinsale, again with the aim of protecting the amenities of the area.

Permission was granted to Lord Mount Charles to resume holding rock concerts at Slane Castle, in Co Meath. But this decision was subject to conditions specifying that there could be only one concert per year and that the numbers attending it should be restricted.

And though Dublin Corporation had granted planning permission for a multi-storey car park off Francis Street, in the Liberties, the board overturned this decision after the Dublin Transportation Office was consulted and said it would not be in line with its strategy.

The board has also laid down an important marker for the future of Dublin's Temple Bar area with a series of decisions refusing permission for new pub-hotel schemes. According to Mr O'Duffy, the area has developed quite successfully and now it was "time for reflection".

Grants of permission by the board included the planned Shamrock Rovers soccer stadium in Tallaght, an extension to the tailings pond at Tara Mines in Navan, Co Meath, and a large cement plant proposed by the Sean Quinn Group for a site near Ballyconnell, Co Cavan.

However, it is clear from the pattern of the board's rulings over the past two years or so that it no longer takes the view that the interests of "Ireland Inc" must take precedence over the need to protect environmental assets against avoidable degradation.