A city councillor and a number of residents’ associations strongly opposed to a proposed development at Millar’s Lane have hit out at the unfairness of a section of the Planning and Development Act 2000 which allows An Bord Pleanala to “favour developers” and guide them to getting approval.
In September last year a number of residents’ associations joined forces to object to the planning application for a development at Millar’s Lane which is perceived to be totally out of character with the Rahoon area and which will compound the traffic congestion problems which already exist.
Last March the Galway City Council granted planning permission for the demolition of one house and its replacement by two separate blocks of mixed development. The decision was then appealed to An Bord Pleanala.
This week concerned residents expressed their dismay at the latest twist in the appeal process. Several estates in the Rahoon area now fear that the decision by the council’s planning department will be upheld.
According to the residents: “This high density development at Millar’s Lane was granted planning permission without an evironmental impact study or a traffic management plan. The developer has proposed a three storey flat roofed mixed development of commercial and retail units at Millar’s Lane.
“The residents of Gortgreine, Ros Geal, and Cruachan Park received a copy of the letter sent to the developer. He has been asked to submit revised drawings for a residental development which would still result in high density.”
The letter, dated November 18, 2010, states that in accordance with section 132 of the Planning and Development Act 2000 and having regard to article 73 of the Planning and Development Regulations the developer is required to submit, on or before December 8, 2010, “revised drawings showing a redesign of the ground floor to residential use with any consequent layout revisions” in relation to parking and storage.
City councillor Catherine Connolly, who has been a staunch supporter of the residents in their fight, said that this act allows An Bord Pleanala to exercise its powers in allowing the developer to change the plans and it does not treat all parties equally.
“My concern is that the act was brought in especially to favour developers. This is a clear example of that. The general gist of the act is weighted in favour of the person seeking permission. The onus is left on the residents to be super vigilant.
“The act was brought in on the basis of lobby groups, that people were making needless objections. That has never been my experience. The problem is not An Bord Pleanala, the problem is the act which was brought in by the Government. The planning board is exercising its powers under the act which is weighted in favour of the developer and not for the ordinary person. It would be interesting to know how many times An Bord Pleanala has used this section of the act and how many developers have benefited.”
Cllr Connolly said the residents have a “justified” concern as the traffic in the area is already horrific and the burden is now on the residents to make sure they get the revised documents. She added that An Bord Pleanala has given her assurances that all interested parties, including the residents and herself, will be notified of a revised submission.
