Developer says ‘highly onerous’ planning conditions could make Tipperary project unviable
A Tipperary housing developer has appealed planning conditions attached to permission for six homes in south Tipperary, arguing that some should be amended or removed.
Goatenbridge Developments Ltd were granted planning permission by Tipperary County Council to build six houses on a site in Goatenbridge, Ardfinnan.
Under the plans there would be four four-bedroom and two three-bedroom homes built, as well as the removal of the rising walls for five houses which had started construction but never finished.
The site forms part of a larger development in Goatenbridge, which saw planning permission granted for 20 houses in total. So far, 15 out of the 20 homes have been constructed, with this application seeking to add six more properties to finish the development off.
Now, the developer is seeking to amend one of the conditions of their grant of planning permission, as well as to remove another one.
One of the conditions being challenged is that the developer must provide all “water and waste water services, as well as footpaths, roads, and public lighting, etc,” before any of the houses are sold or occupied.
According to an agent acting on behalf of Goatenbridge Developments, this condition “requires that specified and unspecified infrastructure be completed to the satisfaction of Tipperary County Council. The Commission is requested to omit the term ‘sold’.”
“It is a standard condition that the specified matters relating to the completion of infrastructure are agreed prior to occupation, but not sale,” the agent said.
The developer argues that including the word “sold” makes the condition “highly onerous”, the agent added, saying that it could impact on the development so much that it could be considered unviable.
The developer is also seeking to delete completely a condition stating that they must sign a pre-connection agreement with Uisce Éireann, because sufficient water and waste water capacity already exists within the larger development to serve the new homes.
“Should the commission consider that the condition is required, it is requested to amend the condition to state that ‘no unit shall be occupied’ rather than ‘no development shall commence’. To preclude commencement of development would be onerous, unreasonable and unnecessary,” the agent said.
An Coimisiún Pleanála is due to make a decision on the appeal by October 12.