92-unit housing development approved for Wexford despite flooding concerns raised by council and inspectors

By Simon Bourke, Wexford People

A new 92-unit housing development is to begin construction in Wexford town after a national authority overruled the local council’s decision to refuse planning. The development, on a site located between the R730 and the Old Hospital Road, will see 71 apartments and 21 houses constructed despite flood risk concerns in the area.

The application for planning permission was initially made by Bawn Developments on December 20, 2023 and subsequently refused by Wexford County Council (WCC) on February 21, 2024.

The council outlined a number of reasons for refusing planning including an “insufficient mix of house types, particularly four-bedroom houses” which it deemed contrary to the objectives of Wexford County Development Plan. It also raised concerns about public safety due to additional parking and flood risk as the “finished floor levels of the development” were not demonstrated to be above “relevant flood risk levels”.

Following WCC’s decision to refuse planning, Bawn Developments lodged an appeal to An Coimisiún Pleanála (ACP) on March 19, 2024. Thereafter, the proposed site was inspected by Ms Bébhinn O'Shea of ACP on October 15, 2024.

Ms O’Shea then issued a report on her findings in which she agreed with WCC’s decision to refuse planning and recommended that ACP do the same.

In her report she noted that the proposed development was to consist of four apartment blocks with 18 one-bed units, 41 two-beds, and 33 three-beds (with 21 houses) and that third-party observations included references to “severe waterlogging” at the site in question.

Regarding the housing mix on the site, Bawn Developments argued that it should be “considered sufficient” and that the three-bed houses had been “designed with an integrated car port which can easily be converted into future living accommodation”.

Stressing that these houses were for people wishing to “downsize and move from rural to urban,” the developer said “there is an existing overprovision of four and five-bed units within the housing stock of Wexford town and environs” and that it had purposely weighted its proposal towards “two and three bed apartments and duplexes” to meet projected housing needs.

Bawn Developments also noted that WCC’s senior roads engineer recommended permission be granted and that a refusal on the grounds of traffic safety was “not supported by a qualified opinion”.

On the flood risks, the developer submitted supporting documentation to “demonstrate that the proposed development does not encroach on the flood zone”.

Assessing the appeal, Ms O’Shea said she did not have any issues regarding the scale or the density of the development and that refusal was not warranted on those grounds. However, she quickly added that she did “not consider that the matter of pluvial flooding and possible changes to the hydrological regime within the site ha(d) been adequately considered.”

Describing the site as “wet/saturated” in “large areas”, she said there was “no indication” that the surface water disposal from surrounding lands has been considered, or that the role of the site in terms of accepting pluvial water “has been considered”.

Adding to her concerns were the large downward slope in the north of the site which led her to state that it was “not possible to determine where water will flow and accumulate” at the site “or that the change in hydrological regime will not affect surface water disposal in adjacent properties and exacerbate flooding in the area”.

"I consider that this constitutes grounds for refusal,” she said as she concluded her report (November 27, 2024) and recommended that ACP reject Bawn Developments’ appeal.

Having assessed Ms O’Shea’s report, ACP “deferred” its decision on the case and requested that Bawn Developments address some of the issues raised in the report. In particular it asked for further information on the “surface water management strategy” at the site.

In response, Bawn Developments said “surface water run-off generated within the site will infiltrate to soil and will flow in a northerly direction towards the Carricklawn Stream”.

"Surface water from surrounding roads infrastructure (the Inner Relief Road, Old Hospital Road, Stony Park Road and R730 Carcur Road) will not enter the site as flow on these roads is directed to gullies,” it continued. There is an intermittent stream on the Old Hospital Road; this discharges to a gully.

"There is an ephemeral stream between the site and Manlo House to east. A surface water sewer is proposed to cater for this flow.”

In spite of these details, on June 19 of this year Ms O’Shea once more recommended that WCC’s original decision be upheld and that planning permission be refused.

“The lower levels of the site are wet in nature and there is a history of flooding in the area,” she stated. “While surface water run off/movement entering from outside the site has now been considered, conveyance within the site (other than the roadway) appears overly reliant on filter drains.

"These are significant interventions of pipework, with an unknown position in relation to the water table, and many of which are located under permanent structures, limiting maintenance.”

However, at a meeting held on July 15 of this year, Planning Commissioner with ACP, Eamonn James Kelly, granted permission for the development. Explaining his reasons for deciding not to accept Ms O’Shea’s recommendations, he said the commission was “satisfied” that the submissions received in response to its request for further information provided “sufficient detail and assurance that the proposed development would not exacerbate flooding risks or adversely impact upon water quality” at the site.

Adding that the Commission did “not agree with the assessment and conclusion of the Inspector”, Mr Kelly said he was satisfied that “there were no deficiencies in the surface water” and that “the managed and mitigated conveyance of freshwater into the Wexford Harbour and Slobs Special Protection Area and the Slaney River Valley Special Area of Conservation via the Carricklawn Stream at a location immediately adjacent to the Slaney River would not . . . .adversely affect the integrity . . or cause deterioration of the waterbody status”.

Having granted planning permission, Mr Kelly attached a number of conditions, one of which stated that “the disposal of surface water shall comply with the requirements of the planning authority (WCC) for such works and services. Prior to commencement of development, the developer shall submit details for the disposal of surface water from the site for the written agreement of the planning authority.”