NAAS, 26 July: EXCLUSIVE by Brian Byrne. A Naas councillor has called for a clear statement on the process whereby the town's UDC has effectively 'waived' a key planning requirement of a development on the Sallins Road.
This follows an inquiry by KNN which poses a question as to whether normal statutory procedures were followed in relation to the apparent waiving of the condition, which requires the developer to provide a temporary car park on the site before closing the former UDC car park or completing other development work.
Under the Planning Acts currently in force, any change to a planning permission by a local authority requires an Order of Modification to be served on the owner of the property, and on any persons considered to be affected by the modification.
And any variation required by a developer must be applied for in the normal way by a planning application.
When KNN checked the Baba Exports planning file on Wednesday, there was no evidence of such an order having been issued, either to the developer or to the numerous people who had recorded objections to the development during the planning application process.
And an emailed request yesterday (see below) from KNN to town manager Tommy Skehan, asking if the planning condition was to be enforced, and if not, had any Order of Modification been served as the beginning of a process to change the condition, had not been answered by close of business yesterday.
KNN has been advised that a planning permission is a legal document which cannot be changed without such an Order. But it does appear that an ad hoc accommodation has been arrived at with the developer without such a procedure.
The development by Baba Exports, owned by Newbridge-based developer Tom Treacy, involved the selling of the UDC's Sallins Road Car Park to Mr Treacy, who is building a multi-storey car park as part of his development.
A condition of the planning permission is that Mr Treacy must first build a link road on the property and then use this as a temporary car park before carrying out any work on the site. In addition, it is clearly stated that the UDC car park should not be closed until this temporary car park is ready for use (see below).
The condition was reinforced by a decision on an appeal relating to the permission by An Bord Pleanala (see below).
The Sallins Road car park was closed on July 16, without Baba Exports building the link road or temporary car park. At recent meetings of the council, it was noted that the developer was making a donation towards the development of the UDC's newly acquired car park at Friary Road instead of fulfilling the condition, as 'health and safety' considerations prevented him from providing an alternative temporary car park on the site.
At this week's July meeting, Cllr Pat McCarthy (left) had posed a motion asking that planning conditions on the development be enforced, but it was voted down by five votes to three.
Last night, Cllr McCarthy asked that a clear statement on the procedures used be made by the town manager, particularly in relation to the ramifications for the council if indeed procedures as statutorily required had not been followed.
"I am not saying that anything wrong has been done," he said. "But there do seem to be questions to be answered on how we carry out our business. It is in the interest of the credibility of our council that a full and clear statement be made."
©2001brianbyrne/knn
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1. Is it the intention of Naas UDC to enforce Condition 47 of the Baba Exports planning permission as detailed below (including Condition 4 of the ABP decision on the appeal)? |
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In the original planning permission granted by Naas UDC on 29 May 2000, condition 47 said the applicant 'is to provide an alternative temporary car park on the land required for the link road while the new multi-storey car park is being constructed. Details of the temporary car park are to be agreed with the Planning Authority before development commences. This car park is to be provided before the existing car park is closed'. Condition 4 imposed in the subsequent An Bord Pleanala decision on 26 January 2001 reinforced condition 47, even though this had not been appealed: (i) The proposed road linking the Dublin Road and Sallins Road shall be constructed and finished to a surface standard acceptable to the Planning Authority prior to the closure of the public car park on the Sallins Road. |