Plans for more than 120 homes in Ballincollig refused by An Bord Pleanála
Computer-generated view of the 123-apartment development planned by O'Flynn Construction on Ballincollig's Old Fort Road.
An Bord Pleanála has refused permission for more than 120 homes in Ballincollig due to the development's insufficient mix of dwelling units.
Cork developer O'Flynn Construction Company lodged plans in May 2022 to construct 123 apartments and a creche on a one-hectare site on the Old Fort Road in Ballincollig.
The apartments would have been spread across three blocks, ranging from three to six storeys in height, comprising a mix of one- and two-bed units. The plans also included a childcare facility, an internal residential amenity space and a multi-purpose amenity room. Some 98 car parking spaces were also included in the plans, along with 272 bicycle spaces.
However, the Board decided to refuse permission for the development, per the recommendation of the inspector, declaring that it "materially contravenes" the Cork City Development Plan.
Objective 11.2 of the development plan sets out the proportion of one-, two-, three- and four-bed units that are necessary for an urban town development with more than 50 planned dwellings. According to the Plan, 25% of the proposed dwellings must have three bedrooms, while 10% should have at least four bedrooms.
The report said the plans lodged by O'Flynn Construction Company did not include any dwelling exceeding three bedrooms. Of the 123 apartments proposed, 32% were marked as one-bed, with the remaining 68% comprising two-bed units.
"The Cork City Development Plan 2022-2028 sets out clear unit mix requirements to be adhered to, except in exceptional circumstances when justification is provided and flexibility is provided according to the ranges specified," An Bord Pleanála said in its decision.
"The applicant did not provide a justification for the unit mix proposed."
Before its current application, O'Flynn Construction Company received planning from the board in 2020 for the development before it was challenged in the High Court by a local residents group.
The court overturned the board's permission decision in favour of O’Flynn Construction Company after finding the board failed to comply with planning and development regulations concerning the screening of projects.
The Supreme Court reversed this decision in a direct appeal to it from An Bord Pleanála. It was referred to the Court of Justice of the European Union (CJEU), which ruled in favour of O'Flynn Construction.
Speaking to the Michael O'Flynn, chairman and CEO of the O'Flynn Group, said: "An Bord Pleanála's refusal is quite extraordinary given that it is the exact same application that it approved initially in 2020.
"The only reason we re-applied was because the planning permission was due to expire, given that it took so long in the courts."
In the time between the developer's initial application in 2020 and resubmission in 2025, Cork City Council published a new development plan, launching it in 2022.
On Tuesday, the Government approved a plan from Minister for Housing James Browne to allow developers to apply in certain cases for a three-year planning permission extension.
Mr O'Flynn says that had he known this would happen, he would not have had to reapply for permission.
"So we're now back to square one. Decisions like these show just how nonsensical the current planning system is and serve as a prime example of why such drastic change is needed."
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