Residents celebrate as city green saved.

by Eoin English

The planning appeals board has saved a cherished city green from development. Residents were celebrating after An Bord Pleanála upheld a previous decision by Cork City Council to refuse planning permission for developer Ken Mahon’s controversial 44-unit apartment complex on Bishopscourt Green in the city’s western suburbs.
Mr. Mahon had appealed the council’s decision to the planning appeals board.
But in its ruling, the board said that from the time of the construction of the houses around the green in 1966, in accordance with the terms of the original permission, the site of the proposed apartment development “has been continuously used and maintained as a public recreation and amenity space by the residents of this housing estate.”
“Furthermore the board noted that the proposed apartment development would result in the loss of the greater part of this landscaped open area which constitutes an essential community facility for the residents of the nearby dwellings and also, which contributes positively to the visual character of the area,” inspector Tom O’Connor said.
As a result, the board said the proposed development would seriously injure the amenities of properties in the vicinity and the visual amenities of the area and would materially contravene the development plan.
Mr. Mahon was refused planning permission.
It was not clear last night whether Mr. Mahon will seek a judicial review. Local residents, who have been fighting to save the green since Mr. Mahon bought the site, said that they are prepared to fight on if needed.
“We have fought it this far - we’ll go the full distance” Keep Bishopscourt Green spokesman Neasan O’Shea said.
“We always felt we had a very strong case and we are very pleased to see the way the board has ruled on this.”
Senator Jerry Buttimer (FG), who lives nearby, said the decision would preserve the integrity of the community.
“This ruling was not just about this green. It had implications for greens in estates in cities around the country.”
The 1.6 acre green became the focus of a major community campaign in the summer of 2007 when it was put up for sale as part of the sale of a house which stands on its corner.
Residents were shocked to learn that the title of the green was included in the title to the house. The house and green were subsequently sold to Mr. Mahon.
He applied late in 2007 for outline planning permission to build four houses on the site. An unprecedented 95 submissions objecting to the project were received before city planners refused permission.
Mr. Mahon subsequently applied for the 44-unit apartment project which was also shot down by city planners. He appealed that decision to An Bord Pleanála which ruled against him yesterday.
The community’s campaign to save the green prompted city councilors to amend the city development plan around this time last year to protect all open green spaces in the city from development.

Planning an Development Acts 2000 to 2007

Cork City

Planning Register Reference Number 08/33107

An Bord Pleanála Reference Number PL28.230339

Appeal by Ken Mahon, care of Spatial Planning Solutions of Studio 4, Crawford Business Park, Proby’s Quay, Cork against the decision made on the 8th day of July, 2008 by Cork City Council to refuse permission.

Proposed Development:

Construction of 44 number apartments in two number buildings, 22 apartments to each building, varying in height from two to three storey with underground car park and ancillary areas to service same, including gardens, roof gardens, private and public open space, boundary treatments and all other associated site works with connection to all main services all at Bishopscourt Drive, on pary of the lands at Number 1 Park Gate Villas, Bishopstown, Cork.

DECISION

REFUSE permission for the above proposed development based on the reasons and considerations set out below.

MATTERS CONSIDERED

In making its decision, the Board has regard to those matters to which, by virtue of the Planning and Development Acts and Regulations made thereunder, it was required to have regard.  Such matters include any submissions and observations received by it in accordance with statutory provisions.

REASONS and CONSIDERATIONS

The Board noted, that from the time of construction of the surrounding houses, in 1966, in accordance with the terms of the original permission (granted under planning authority register reference number 228/65) the site of the proposed development has been continuously used and maintained as a public recreation/amenity space by the residents of this housing estate.  Furthermore, the Board noted that the proposed apartment development wold result in the loss of the greater part of this landscaped open area which constitutes an essential community facility for the residents of the nearby dwellings and also, which contributes positively to the visual character of the area.  Accordingly, the Board considered that the proposed development would seriously injure the amenities of properties in the vicinity and the visual amenities of the area and would, thereby, materially contavene Policy NHR 11 of the current Development Plan for the area, as amended. The propsed development would, therefore, be contrary to the proper planning and sustainable development of the area.

Tom O’Connor

Member of An Bord Pleanála duly authorised to authenticate the seal of the Board.

Dated this 18th day of December 2008.

The decision of an Bord Pleanála has been deferred until the ninth of January two thousand and nine.  This is because of the volume of applications An Bord Pleanála has to deal with.