Four houses which are said to be nearly completed construction now face mandatory demolition after the High Court found they do not comply with planning regulations.
The Quantum development consists of 28 houses and it has been claimed that some of the houses are three to four metres higher than permitted.
The matter was highlighted at the April meeting of Comeragh Municipal District Council, when Cathaoirleach Cllr. John O’Leary queried the Planning Department for an update.
He described a “hotbed of people” who have a real interest in the case between Waterford Council and Cosmo Development.
“There is no real clarity to be quite honest, regarding where it is at,” Cllr. O’Leary said.
Senior Executive for the Planning Department, Aisling O’Sullivan, replied to this with a detailed update.
“I can confirm that a proposed settlement has been reached due to the ongoing High Court enforcement proceedings, in relation to that residential development in Kilmeaden,” she explained.
“The agreement that has been reached sets out a clear process to address the outstanding planning compliance matters and provides that no further works can take place unless all planning conditions are resolved and a financial bond is put in place.
“Four of the houses that are constructed contrary to permission must be addressed through the statutory planning process. That is either by way of a planning application to retain them as is or an application to reduce them to single stories,” Ms. O’Sullivan continued.
“Where permission is refused or not granted in full, the demolition of those four houses is mandatory and there are statutory safeguards in relation to the defined timeframes of those.”
Ms. O’Sullivan explained that Waterford Council welcomed the decision.
“From the Council perspective this High Court case protects the integrity of the planning system and it ensures most importantly that an unauthorised development cannot proceed without proper planning permission. It provides certainty, safeguards the public amenities and allows this issue to be resolved in a transparent and lawful manner,” she added.
What’s next?
Cllr. O’Leary pushed back against some of these comments by suggesting that there were far more than four houses that needed to be reviewed. He began by asking what would happen next.
“Until planning compliance is submitted by the developer no further works can take place on the site. There are four houses that have constructed contrary to planning permission, those four houses have to be retained so they go back into the statutory planning process. And if they are refused ultimately, they will have to be demolished,” explained Ms. O’Sullivan.
“There would be claims made by all and sundry that there are more than four houses outside the planning regulation in relation to the heights,” replied Cllr O’Leary.
“All of the houses are not going to be subject to the demolition order. This is a very complex case. We had senior council opinion on this and the settlement that Waterford City and County Council reached with the developers through the high court is the best outcome for the council and that’s all I can say at the moment,” Ms. O’Sullivan said.
Cllr O’Leary continued to push back on this: “Can I just underline that we have a number of houses that are outside the regulations in relation to planning”.
“That’s a matter that was outside this court order. This court order is to look specifically at the four offending houses everything else has been agreed as per the planning permission,” she replied.
“Agreed by?” asked Cllr O’Leary.
“Agreed settled by the Council and the Developer,” concluded the Senior Executive.
Speaking to The Munster Express after the meeting, Cllr O’Leary lent his support to the locals, as he suggested they had a legitimate grievance.
“I would support the locals and say that all buildings have to be compliant with planning law, and I support locals who feel they have been infringed upon. They have all bought their houses, spent their own money, and they are due their recognition and rights,” Cllr. O’Leary said.
“I was in the houses and it [the Quantum development] certainly did look obtrusive to the local people in the surrounding area,” he added.
AARON KENT
Funded by the Local Democracy Reporting Scheme
