Limerick primary care centre plan scuppered by land rezoning

Site rezoned for agriculture while appeal decision delayed by backlog at An Bord Pleanála

Although submitted in March 2022, before the new county and development plan came into effect in July, An Bord Pleanála only issued its decision on the planning application for the primary care health centre in Caherdavin on the Ennis Road earlier this month Picture: Gareth Chaney/Collins 

Developers’ plans to build a new primary care centre in Limerick have been scuppered after the land it was to be built on was rezoned for agriculture while the appeal lay within An Bord Pleanála’s backlog.

Although submitted in March 2022, before the new county and development plan came into effect in July, An Bord Pleanála only issued its decision on the planning application for the primary care health centre in Caherdavin on the Ennis Road earlier this month. This was almost 10 months later and more than five months after the new development plan had come into place, rezoning the land.

As well as the new lands now being zoned for agriculture, the planning board also cited “unacceptable” flooding risks with the proposed development as it refused permission.

Earlier this month, the Irish Examiner reported that planning for thousands of homes could be put at risk by the introduction of new development plans in local authorities across the country while An Bord Pleanála’s backlog persists.

As part of planning applications, developers have to indicate how their proposals fit in with the local city or county’s development plan and, if necessary, point out how and why their proposals involve a material contravention of that development plan.

However, in recent months, local authorities across the country have been approving and bringing into effect new development plans valid for the coming years. It means planning applications caught in the massive backlog at An Bord Pleanála now address development plans that no longer apply.

Before Christmas, An Bord Pleanála issued an apology for “not meeting the statutory objective timeframes for decisions for a large number” of cases. It also pledged to improve on this in 2023. Housing Minister Darragh O'Brien has pledged significant reform of the planning board.

The new Limerick City and County development plan for 2022-2028 was formally adopted by the council last summer, coming into effect on July 29, 2022.

The planning appeal for this primary care centre was lodged on March 15, 2022, over 19 weeks before the new development plan came into effect.

In its appeal, the Phillip Doyle Valley Healthcare Fund said the new development plan at that stage had not come into effect and the application should be considered in the context of the older, existing one at that time.

However, due to not issuing a decision until January 2023, while also citing flood risks, An Bord Pleanála said the site was now zoned for agriculture and to build a primary care centre there would be “contrary to the proper planning and sustainable development of the area”.