Attempt to extend duration of planning permission for 750 homes in Ballyvolane unsuccessful

DEVELOPERS behind plans for hundreds of new homes on the northside of the city have secured permission for minor changes to the development, but have been unsuccessful in their attempt to extend the duration of planning permission.

Longview Estates Ltd was given the go-ahead in 2020 for the development of 753 residential units, a mix of houses and apartments, in six neighbourhoods at a site in the townland of Lahardane in Ballyvolane.

Last July, Tánaiste Micheál Martin and Finance Minister Michael McGrath turned the sod on the €9m project.

The work is being delivered by the Housing Infrastructure Services Company, a commercial joint venture between the Ireland Strategic Investment Fund and Cork County Council to build infrastructure for housing.

One condition attached to the planning permission for the new homes stipulates that planning is valid for a period of seven years.

However, earlier this year, Longview Estates Ltd sought to extend the permission period to 10 years.

A planning report stated that the delivery programme was “significantly impacted by the construction restrictions as a result of the covid-19 pandemic” and cited inflation challenges brought on by the pandemic and the war in Ukraine.

Longview Estates Ltd had also sought permission for minor changes to the development which would result in a reduction in the number of units to 750.

Separately, a third party appeal had been lodged with An Bord Pleanála, raising concerns that the applicants had not adequately dealt with surface water flow.

An Bord Pleanála has green-lit the modifications to the development, saying it considers that the development “would constitute an acceptable design and layout of residential accommodation, would not seriously injure the residential or visual amenities of property in the vicinity, would be capable of being adequately served by surface water, wastewater, and water supply networks, and would be acceptable in terms of flood risk”.

However, the board said it did not agree with its inspector that it was appropriate to consider extending the duration of the planning permission.

It cited two High Court cases, and concluded that the extension should be sought via section 42 of the Planning and Development Act, which it said “provides both the legal power and the safeguards around extending the permission”.