Ennis housing scheme High Court challenge launched

by Páraic McMahon paraic@clareecho.ie

A HIGH court challenge against the largest private housing scheme in Ennis is to be made.

In April, An Bord Pleanála approved plans by Glenveagh Homes for a €65 million 289unit scheme on the outskirts of the town despite Clare County Council recommending a refusal and some local opposition.

Located at Ballymacaula, Drumbiggle, Keelty, Circular Road fronting into the Ennis bypass link road between the roundabout near Ennis Golf Club and the roundabout on the N85 Lahinch Rd, the Strategic Housing Development (SHD) scheme is made up of 125 threebed townhouses, 74 3/4 bed semi-detached homes, 66 twobed townhouses, 12 two-bed duplex and 12 one-bed maisonettes. This week, a challenge to the decision by An Bord Pleanála was brought before the High Court.

Kilfenora resident, Michael Duffy is seeking the decision by the planning board to be overturned. He wants the High Court to order a pause to any of the works relating to the development pending determination of his High Court review.

He has claimed there was multiple errors in the decision including a failure to consider the Ennis local area plan.

Mr Duffy argued that An Bord Pleanála acted irrationally and unreasonably when forming its decision. Evidence from Irish Water to confirm there is sufficient capacity in the local wastewater network was absent from the application, he said.

Mentioning the case in the High Court this week, barrister Alan Doyle brought it before Mr Justice Richard Humphreys. He asked the court to note the action was brought within the required eight week time limit and this was acknowledged by the judge.

Colin McBride had been the inspector for An Bord Pleanála and he compiled a 130 page report. In this, he stated that the proposed development would not seriously injure the residential or visual amenities of the area or of property in the vicinity and would be acceptable in terms of urban design, height and quantum of development.

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Mr McBride stated the prin- ciple of development is acceptable as the site is suitably zoned for residential development and is a serviced site. The inspector concluded that the proposed development “is of a suitably high quality and provides for a mix of one and two-bedroom apartments and two, three and/ four-bedroom dwellings, which are served by suitable quality communal, private and public open space”. Refusal across four grounds had been previously been issued by Clare County Council. The local authority pointed out that the scheme would contravene materially a zoning objective of the Clare County Development plan as the lands are zoned “low density residential”. The Council also recommended refusal due to the development’s design, layout, parking, public open space and private open space layout would not provide for an appropriate standard of residential amenity for future occupiers of the development.

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