APPROVAL for 42 new houses in Kilrush has been granted by Clare County Council.
The local authority granted permission for the development on Soldier’s Hill which overlooks the marina in the West Clare town, despite the objection of an environmentalist group.
Ennis based construction firm Keogh Homes Ltd first lodged an application for the development in December of last year.
The development is due to consist of 2 four bedroom detached houses, 16 four bedroom semi detached houses, 10 three bedroom semi detached houses, 6 three bedroom terraced houses, 4 two bedroom semi-detached bungalows, 2 two bedroom duplex units, 2 three bedroom duplex units and all associated site works and services.
The houses will be built at a vacant site along Cappagh Road, alongside the Kilrush branch of Shannonside Building Supplies and Timber Merchants. The development was initially stalled however by a request for further information by Clare County Council.
The planning department sought clarity in relation to the heights of retaining wall structures on the site, stating that the proposed walls would “result in a poor quality living environment for future occupiers of the development with associated overbearing, overshadowing and daylight/sunlight issues”.
“The remaining walls will negatively impact on the visual amenities of the area including views of the development from the adjoining public road and from within the affected dwelling houses”, they continued. Keogh Homes were able to overcome this hurdle however by submitting new site elevations that allayed these concerns.
As part of the planning process, a Natura Impact Statement was published alongside the application. This scientific report is required for planning proposals in Ireland that may have a potential impact on a protected SAC or SPA.
The report was required due to the site’s location approximately 487 meters to the east of the Lower River Shannon SAC and is approximately 585 meters to the east of the River Shannon & River Fergus Estuaries SPA.
Despite its proximity to these protected areas, the report stated that “it is not expected that the proposed development will give rise to any direct, indirect, or secondary impacts on the Lower River Shannon SAC and River Shannon and River Fergus Estuaries SPA”.
The development received one objection from the environmentalist group Wild Ireland Defence CLG and its head Peter Sweetman. The Cork-based serial litigator investigated the fine print of the European Court of Justice Case 258/11 in an effort to prevent the houses from going ahead.
Mr Sweetman referenced paragraph 44 of the document, quoting in his submission that a decision to grant planning permission “cannot have lacunae and must contain complete, precise and definitive findings and conclusions capable of removing all reasonable scientific doubt”.
“This is a strict standard and the Planning Authority does not have legal jurisdiction to give permission if it is not met”, he continued, arguing that Clare County Council had not been rigorous enough in their decision process. The 42 houses have been approved regardless of these claims however.
Following the local authority’s decision to grant permission, work on the development can now begin.
