The Chief Executive of Waterford City & County Council, Mr. Michael Walsh, has told councillors that he does not envisage a scenario where the local authority will make an appeal against the Duckspool Development in Dungarvan.
The controversial 218-home planning application, which was met with opposition from local residents groups and had a recommendation of rejection from Waterford Council itself - was approved by An Bord Pleanala on October 28th.
The applicant, KPMG Future Analytics - on behalf of Mr. Michael Ryan, lodged the development with An Bord Pleanala on July 7th last.
They are seeking to build 176 houses and 42 apartments, along with a creche and associated site works. Some of the units proposed for the development are 4 storeys high. There are also plans for over 400 car parking spaces.
Adjacent to St. Augustine’s College & Scoil Garbháin schools, the lands in question are known to be partial to flooding and are home to various animal species such as brent geese and bats.
The matter was discussed at the November Plenary meeting of Waterford Council, with Cllr. Thomas Phelan (Labour) querying whether the local authority would be undertaking a judicial review to appeal the decision of the planning board.
CEO, Michael Walsh, told those present that he doesn't envisage that scenario becoming a reality.
"I've had a preliminary look at the board's decision. I think it's important for people to understand that the judicial review process isn't about the decision which has been made. It is about the process that had been followed, and whether all things have been considered. On balance, I don't envisage, or see any reason to take a judicial review in this instance. You would only do that against An Bord Pleanala if there was something absolutely compelling that did not receive consideration on their part."
Flood risk
While there will be no judicial appeal undertaken, Mr. Walsh did move to assure those with concerns that flood risks will be addressed. This is to avoid issues like that at neighbouring Sallybrook a number of years ago.
"I don't see the flood risk on the same level or scale as it was previously. The remaining risk will be resolved in the shorter term, I hope, with an overall flood scheme for Dungarvan. We need that right across the town, whether it's along the Quays or along there. I don't envisage undertaking a judicial review here. For a local authority to judicially review An Bord Pleanala would be done only in the most extreme of circumstances."
Setting a precedent?
Cllr. Phelan queried if whether taking no action could potentially set a precedent in relation to future development applications on flood-risk zones in the locality.
"Given that the development in question would be in a flood zone, it could give rise to a precedent for housing development applications elsewhere on flood zones in our jurisdiction. Can I please be advised now as to whether the Council have concluded their review, and determined if they can take a judicial review?".
In response, the CEO said the flood risk has been altered significantly with the insulation of a relevant pipe.
"Flood issues there have been altered significantly with the insulation of the pipe to drain the lands. There is probably a remaining risk, in time, with topping in terms of the wall. We're already working towards that."
