Legal dispute over right-of-way threatens to stall Waterford apartment complex

Developer says 'much needed homes' are aimed at older people downsizing

The site for the proposed four-storey apartment complex with capacity for 60 one- and two-bedroom apartments at the back of Ballinakill Shopping Centre on Waterford City's Dunmore Road.

Plans for 60 apartments in Waterford face being stalled due to a court challenge, in a row over right of way.

The project received permission earlier this month from An Bord Pleanála, however, planning bosses noted a legal issue remains over the development due to one objector's right of way on some land running alongside the proposed apartments.

Kieran Kennedy, who lives across from the site, has pointed to documentation from the council confirming he has legal right to this patch of land and has claimed it will render his family's right-of-way "useless".

The 1.7 acre site is now earmarked for a four-storey apartment complex with capacity for 60 one and two-bedroom apartments at the back of Ballinakill Shopping Centre on Waterford City's Dunmore Road.

In its report, An Bord Pleanála said the Kennedys had not granted permission for any alterations, but said according to guidelines under the Planning Act, the "planning system is not appropriate for resolving land disputes and that these are ultimately matters for the courts" rather than planning authorities.

The plans include 60 car park spaces, 60 bicycle spaces and following a board condition, a suitable children’s play area and charging points for electric vehicles.

Opposition

It had faced opposition by a significant number of residents from the locality, including the Ballinakill Residents Association, which has supported Mr Kennedy and his wife Anne's stance.

They hold a deed of easement for a right-of-way beside the site. The deed is defined as a property right enjoyed by one property over an adjoining property and can often be a right-of-way.

Kieran Kennedy said if the development goes ahead, it will block his right-of-way, as the servicing for the site may stretch alongside his property.

Mr Kennedy, 58, who is a former mechanic for Bus Éireann and now works semi-retired as a driving instructor, said if the development goes ahead, it will block his right-of-way, as the servicing for the site may stretch alongside his property. The route is currently blocked by a wall enveloping Mr Kennedy's home, but he said he intends on challenging the development as he wants to open up the route.

I'm not against development but they're breaching my right of way. They're doing that on two grounds in my view: they're changing a one-way system to a two-way system and they'll be blocking my entrance."

He added: "This isn't an antique right of way pulled out of nowhere — I registered it with the Office of Deeds in 2007. They're only affecting a small part of it but it's a very important part of it. It deems it useless."

The planning application was submitted by Tony Robinson, a developer, in partnership with local auctioneer Michael Guiry, who acted as a selling agent.

Mr Guiry told the Irish Examiner the title for the 1.7 acre site was deemed "clean" by An Bord Pleanála and so would be fine for building.

"It was approved by An Bord Pleanála and was approved in turn by the city and county council, so we don't want to see any holdups on 60 people or 90 people getting homes."

It's 60 apartments that are badly needed in the area. The complex is geared towards an older age group and it's going to free up four and five-bedroom detached houses on the Dunmore Road.

"It would be attractive for someone who might be downsizing on the Dunmore Road, they'll be beside the shopping centre with all amenities on their doorstep," he added.

In approving the apartment complex, An Bord Pleanála found it was “in accordance with the proper planning and sustainable development of the area”, adding it was appropriate to the outgoing Waterford City Development Plan which set out that “residential development is stated to be generally acceptable”.