Legal challenge to planning decision

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House in back garden remains contentious issue

DESPITE recommendations from their inspector, An Bord Pleanála have upheld a contentious planning application at a house in Greystones Estate, off the Ennis Road, where a private residence was built in the back garden of an existing property.

 

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Local man Tom Hanly, is now to make a legal challenge at European level.

Meanwhile, the owner of the property Rosemary Fitzgerald, said that all proper channels had been followed.

Earlier this year, planning conditions for a house at Hillcrest Drive in Greystones, and in the back garden of an existing residence, were, it was alleged, not fully adhered to.

An appeal was lodged with An Bord Pleanala.

However, it was their view the development would not seriously injure the amenities of the area and was not contrary to the proper planning and sustainable development of the area.

It read: “The Board considered that, subject to conditions, the impact on the adjoining property would be acceptable and that, in this instance, the limited private open space was also acceptable”.

This, points out Mr Hanly, contradicts their Inspector Conor McGrath’s recommendation, which stated that the proposed development would be out of character with the surrounding pattern of development.

The inspector reported that the proposed development would result in over-development of a restricted site and would be detrimental to the residential amenities of future occupiers.

A spokesperson for An Bord Pleanala said that 12-14% of recommendations are overturned annually.

In February, and as reported in the Limerick Post, the relevant pages which listed this application for retention(10/10), were omitted from the agenda of a Limerick City Council meeting.

Another Hillcrest Drive resident wrote to Minister John Gormley seeking an independent investigation into the handling of the matter by Limerick City Council.

An official complaint was made by one person to the Commission of Regulation, claiming that local authority staff had hindered residents rights to object to planning permission.

He received a response from Minister Gormley’s private secretary, which stated that the day-to-day operation of the planning system is a matter for the planning authorities.

Residents are concerned that granting planning permission would set an undesirable precedent.

One explained: “We have found it virtually impossible to get permission for minor alterations such as dormer windows at the back of our houses, yet a house was allowed to be built in a garden. The original house design was not adhered to. Questions need to be asked”.

Following the initial successful planning application, the owner of the property Rosemary Fitzgerald, said that they had followed the proper channels.

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