Bord Pleanála gets tough on builders

A LANDMARK decision by An Bord Pleanála will force a builder to allocate 20% of an upmarket development to social and affordable housing.

The controversial provision that forced builders to allocate 20% of any new housing development to social and affordable housing was watered down two years by former Environment Minister Martin Cullen.

Developers were then given three options of giving local authorities:

*A cash ‘payment-in-lieu’ to the value of the 20% social and affordable housing.

*An alternative site where the 20% social and affordable housing could be built.

*Stick to the original regulation of providing 20% social and affordable housing in new developments.

In the first test case to come before An Bord Pleanála since the law was changed, a Cork developer, Denis O’Flynn, has been ordered to provide 20% of an upmarket development to social and affordable housing - instead of a cash “payment-in-lieu”.

Cork county manager Maurice Moloney welcomed An Bord Pleanála’s decision to uphold the original pre-planning agreement they had entered into with Mr O’Flynn. Before the law was changed, Mr O’Flynn had agreed under a pre-planning contract with Cork County Council to allocate 20% of the three final phases of the Maryborough Woods development to social and affordable housing, the county manager said. But after the law was changed, Mr O’Flynn wanted to change that agreement and to give Cork County Council the cash option instead.

The local authority refused this and Mr O’Flynn referred their decision to An Bord Pleanála.

An Bord Pleanála, however, has backed Cork County Council and ordered Mr O’Flynn to ensure that 20% of the final three phases of a major 600 housing development be allocated to social and affordable housing.

“This is a landmark decision by the board, because these were the first referrals of the new law sent to us,” An Bord Pleanála’s spokesman said.

Mr Moloney said it was very important that the process set out in the planning acts were complied with.

“It is fundamental that both local authorities and developers have an agreement before the building starts and that everyone sticks to it all the way,” Mr Moloney said.

However, developer Denis O’Flynn said he was very disappointed with An Bord Pleanála’s decision to back Cork County Council.

“I did not have a pre-planning agreement with Cork County Council - it was a pre-planning requirement. They gave me no option. I was forced into signing this or else they would not register the planning application,” said Mr O’Flynn.

He claimed Cork County Council is one of the few local authorities which insists on implementing the social and affordable housing provision.

“We are currently looking at all options open to us,” Mr O’Flynn added.