This article is from page 14 of the 2006-07-18 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 14 JPG
CLARE County Council has come under fire for zoning for housing, land in the north Clare coastal village of Ballyvaughan, but then not granting planning permission.
The charge has come from architect, Michael Leahy, in the course of an appeal to An Bord Pleanala where he urges the board to overturn a decision to refuse planning for nine homes by McCarthy Bros in Ballyvaughan.
The development was refused because of an inadequate sewerage supply for Ballyvaughan, the haphazard nature to the development, the proposed massing of the development and access issues.
However, Mr Leahy has told the board: “If the council is prepared to prevent development in the area of Ballyvaughan because of the deficiency of sewerage treatment, without looking at alternative methods of sewerage treatment, then they should not have zoned the land for residential development.
“The development plan gives a five year period within which development may reasonably be expected to be carried out, and in fact, it could be argued that failure to secure development of land which is zoned in a development plan represents failure on the part of the local authority.
“It seems to me to be remarkable that the council can in the first instance zone for residential development and lead someone to have a reasonable expectation of being able to develop their lands and then refuse to grant permission on those lands as a matter of principle.
“Refusing to grant permission on the basis of inadequate sewerage is not a simple site specific matter, it is a refusal in principle to grant permission on land. If this is the council’s position in respect of this zoned land then why was the land zoned for residential development.
“It is certainly surprising that none of the issues which have been raised in the reasons for refusal by the council were not dealt with by way of request for additional information.
“It is most unusual for the council to automatically refuse permission without issuing a request for additional information to determine if the issues involved can be resolved
“The only logical interpretation of the development plan having zoned this area, if sewerage is not adequate, is that the council would be prepared to accept temporary solutions in regard to provision of sewerage pending the upgrading of the sewerage system.
“If this is not the case, then surely, the council is in breach of its own Development Plan by refusing permission.