Developer is denied right of way access to building site
City manager Tim Lucey has now been asked to facilitate a meeting between residents of Knockrea Lawn in Ballinlough, the developer John Cooney of JFC Development Ltd, and council road engineers to hammer out a compromise on the access issue, which has dragged on for over a decade.
A large delegation of residents from Knockrea Lawn was in City Hall last night to watch the debate.
Councillors were asked to consider a report from Mr Lucey which recommended granting a right of way over a portion of the green area to JFC Developments. The council owns the green area after acquiring it by deed of waiver from the chief state solicitor’s office in 2005.
The council granted planning to JFC Development for the construction of 13 residential units, plus the demolition of existing buildings on an adjoining site over a decade ago.
That decision was appealed to An Bord Pleanála but was finally granted planning permission in Nov 2003.
Access to the site was to be provided off the main entrance to Knockrea Lawn, following consent from the council.
To facilitate the granted permission, a right of way was sought over the green area but it was refused by the council’s housing functional committee in Feb 2007.
As a result, the granted permission could not be executed and development did not take place. The planning permission subsequently expired in Nov 2008.
A second planning application was lodged on the site providing access from Ballinlough Rd but this was refused as access from this road was considered a traffic hazard.
In the meantime, the proposed development site deteriorated to the point where action was initiated in 2010 under the Derelict Sites Act 1990.
The owners undertook remedial works to improve the physical condition of the building and the site, and it was removed from the derelict sites register in 2011.
JFC then made a second request to the council to dispose of the right of way of some 3.5sq m of green area and about 11.5 sq m of footpath at the entrance to Knockrea Lawn to allow access to the site to facilitate development and remove the long-term threat of dereliction.
Mr Lucey said this consent was being sought in advance of a new planning application being lodged on the site.
Cllr Laura McGonigle (FG) said most residents were opposed to the right of way being granted. Saying there was no live planning application, she added: “We are being asked to grant a right of way, without knowing what could be built on the land. We are being asked to vote blindly.”
Cllr Terry Shannon (FF) said the city needs to hold on to the green areas it has.
Cllr Chris O’Leary (SF) described the proposal as a recipe for disaster.
