O'Flynn Construction requests hearing over Ballincollig development refusal 

Decision by Cork City Council to deny plans for more than 1,000 new homes branded 'totally illogical' in letter to An Coimisiún Pleanála

O'Flynn Construction said there were 'fundamental errors and shortcomings' in Cork City Council's decision to refuse the plans in Ballincollig.

One of the country’s largest private developers, O’Flynn Construction, has written to the planning board requesting an oral hearing following Cork City Council’s decision to refuse permission for more than 1,000 new homes in the burgeoning satellite town of Ballincollig.

Describing the decision as “totally illogical” in its letter of appeal to An Coimisiún Pleanála, the group argues  there were “fundamental factual errors and shortcomings” in the council’s decision.

Written by planning consultants McCutcheon Halley, on behalf of O’Flynn Construction, the letter calls on the board to “exercise its discretion to convene an oral hearing”, having regard “to the significance of this proposed development for our client, its strategic importance to the delivery of critically needed housing, and infrastructure within Ballincollig, and the complexity and seriousness of the issues arising in this appeal”.

The council’s refusal for the large-scale residential development (LRD) was based, primarily, on an inadequate road infrastructure in the Maglin/South Ballincollig area, of which the development site forms part of. 

The council specifically raised concerns about the “absence of definite proposals” for the South Ballincollig transport corridor, which it considers integral to sustainable development in the area.

McCutcheon Halley said it was “factually incorrect and a gross misrepresentation” of the information contained in its development application to claim that there were no definite proposals.

The letter also stated that two of the council’s reasons for refusal “completely overlook” the proposed phased nature of the development and that the vital corridor would be delivered in tandem with each phase. 

“Phase 1 comprises only 318 units but delivers the full section of the STC [transport corridor] on the applicant lands,” the letter said, before pointing out that Phase 2 cannot be occupied until another section of corridor — from Heathfield to Maglin Rd — is complete, “while Phase 3 also requires completion of the south-link road.”

McCutcheon Halley said the transport assessment submitted with the development “is based on a modest first phase tied to substantial infrastructure delivery, not unrestricted full build-out through Maglin Rd”. 

It said the council’s decision “does not reflect this important distinction”.

Identified for development

The letter notes that the appeal site has been identified for residential development since 2011 and that the development process began in 2020.

The planning consultant wrote: “To receive refusal on zoned land in a designated UEA [urban expansion area] after prolonged, detailed pre-planning consultation and significant commitment to infrastructure provision is incomprehensible."

Moreover, most of the council’s departments involved in the decision were in favour of approving the development, subject to conditions, the letter said.

It went on to criticise the council for failing to deliver the necessary public infrastructure itself, as the lands had been identified for strategic housing development going back more than 15 years: “Having failed to deliver the infrastructure itself, the planning authority is now refusing an LRD that would provide the infrastructure required to unlock the UEA."

It went on to say the decision “not only prevents much needed housing in Ballincollig... it also prevents substantial developer-funded infrastructure”.

The case is due to be decided by November 1.