'Smoke and mirrors': Calls for review of IPAS sourcing system after Cork saga

It follows a protracted saga since January following confirmation the State was considering an offer of IPAS accommodation for up to 50 people at 23-25 South Terrace

Up to 50 asylum seekers were to be accommodated across two floors of former office space at 23-25 South Terrace in Cork City. Picture: Noel Sweeney

Residents and owners of apartments in Cork city centre have given a guarded welcome to the axing of plans to co-locate asylum seeker accommodation in part of their building.

But the scenario that has played out at their building since before Christmas has prompted calls for a review of the International Protection Accommodation Service (IPAS) sourcing system for better communication with residents who may be directly affected, and for a review of the regulations which were introduced in 2022 to fast-track the delivery of accommodation for international protection applicants or people fleeing the war in Ukraine.

Independent Ireland TD for Cork North Central, Ken O’Flynn, said the handling of the saga raises many questions for IPAS.

“This is largely the result of the State’s cloak-and-dagger approach to sourcing IPAS accommodation,” he said.

“It’s all smoke and mirrors. What we need is straight, open, and plain dialogue with all the stakeholders, with local councillors, TDs, local residents."

Some of the work that had been done to convert and prepare two floors of former office space at 23-25 South Terrace for use as an IPAS centre before the Department of Justice confirmed last week that it was no longer considering the property as suitable.

It follows a protracted saga since January following confirmation the State was considering an offer of IPAS accommodation for up to 50 people across two floors of former office space at 23-25 South Terrace, a striking four-storey Georgian building with a basement.

While the ground and first floor were previously offices, and unoccupied for some time, there are 22 residential apartments on the upper floors.

The government introduced regulations in 2022, amending the planning and development regulations by inserting a new Class 20F exemption, which permitted the temporary change of use of certain buildings for use by the State as accommodation for international protection applicants without the need for planning permission. 

The work would be considered exempted development - it would not need regular planning permission - if it met certain criteria.

The regulations listed a range of structures that could be considered under the Class 20F exemption, including schools, colleges, universities, training centres, social centres, community centres, or any structure or part of a structure normally used for public worship or religious instruction.

The provisions were temporary and time-limited and were due to expire in December 2024, but were later extended to December 2028, and expanded to include structures being used to accommodate people fleeing the Russian invasion of Ukraine.

Some of the former office space at 23-25 South Terrace was converted into a laundry room.

The list, however, made no mention of co-locating IPAS centres within the same building with existing residential use, as was proposed at 23-25 South Terrace.

Last November, a formal application was lodged with Cork City Council requesting a Section 5 declaration for 23-25 South Terrace, which asked the council to confirm if the temporary use of part of the building as overnight accommodation for displaced persons or persons seeking international protection is exempted development – that it does not require planning permission.

Floor plans submitted with the application showed how the ground floor would be converted to bedrooms, with a communal cooking and dining area, recreation lounges, a laundry room and storage areas, with more bedrooms, toilets and showers on the first floor.

Some of the former office space at 23-25 South Terrace was converted into a communal dining area.

City planners stressed that it was not their job to determine the acceptability or otherwise of an IPAS centre at this location, but to assess whether or not the project constitutes development, and if so, is exempted development.

They said the plans constituted a material change of use from office to residential but crucially, they said the previous use of the ground and first floor was office space, and that offices was included on the list of Class 20F exemptions.

They requested further information to clarify if the new accommodation was to be occupied by displaced persons from Ukraine or by IPAS, and requested written confirmation of approval, or approval in principle, for the use of the property as an IPAS centre from either the relevant government department, or the relevant section of the city council.

Floor plans submitted with the application showed how the ground floor at 23-25 South Terrace would be converted to bedrooms.

A response received in mid-December included a letter from the Department of Children, Equality, Disability, Integration, and Youth, which at the time had responsibility for IPAS centres, confirming its interest in using the property for international protection applicants.

By mid-January, city planners deemed the proposal as exempted development – effectively clearing the way for work on the two floors to proceed.

When the owners of apartments on the upper floors found out about the IPAS plan in their building, they sought answers from City Hall, but were told it was a matter for the relevant department - responsibility for IPAS has since been transferred to the Department of Justice.

One property owner told the council: “We understand the predicament of supporting asylum seekers, we support efforts in housing them but you cannot overlook the impact to long-term residents in your decisions and at a minimum, we are owed the courtesy of engaging the residents and unit owners.

“The lack of care, courtesy, transparency and engagement from Cork City Council is disappointing.

“We think Cork City Council should inform all homeowners across the city centre immediately and those considering buying in Cork City that the council might convert commercial units within an existing residential building at any time under a Section 5 to an IPAS centre without any form of engagement with homeowners or concern for the impact.”

Some of the former office space at 23-25 South Terrace was converted into recreation lounges.

City Hall said the planning department’s role in this was restricted by legislation and there is no statutory mechanism or facility within the process to enable public submissions or wider community engagement as would be the case in a standard planning application process.

In the meantime, work on the conversion of the two floors to IPAS accommodation got underway, with partitions erected to create bedrooms, toilets and kitchens installed and furniture delivered. The basement underwent fire safety upgrades.

But all that investment is now up in the air after the Department of Justice confirmed to the Irish Examiner last Thursday that the building is no longer being considered for use as an IPAS centre.

It declined to confirm when the decision was made, or to explain why the building was no longer deemed suitable.

“Details of individual property appraisals are confidential,” a spokesperson said.

While the ground and first floor of 23-25 South Terrace were previously offices, and unoccupied for some time, there are 22 residential apartments on the upper floors. Picture: Noel Sweeney

“Many properties are not approved for use as international protection accommodation often for reasons relating to planning or suitability of the site. Any investment in the property offered to the department through this process remains the responsibility of the provider.”

The developer did not respond to requests for comment.

Mr O’Flynn said he has some sympathy for the developers who it appears are now left out of pocket but he said the saga proves the need for a root-and-branch review of how the State sources and secures IPAS accommodation.

Some of the former office space at 23-25 South Terrace was converted into bedrooms.

“A lot of this could have been avoided if the department was open and upfront with people,” he said.

“There are rumours now about every unoccupied building. My office is inundated on Monday mornings with calls from people who have heard the latest rumour about these buildings in the pubs over the weekend.”