Developer of Wexford estate told they must deliver crèche and BMX park before any more houses can be occupied

By Simon Bourke, Wexford People

An appeal by residents in Clonhasten in Enniscorthy to alter the details of a proposed housing development in their area has been partially successful after An Coimisiún Pleanála (ACP) ordered the developer to construct a créche and BMX park on the site.

In April of this year, the council granted planning to Green DCBM Limited for the construction of 99 houses as part of the Green Hill estate which already includes over 400 homes. In response to that decision, the Clonhasten Residents Association (CRA) lodged an appeal to An Coimisiún Pleanála (ACP) on May 15.

The CRA’s appeal argued that the houses were being built too close to existing boundaries resulting in “overlooking, overbearance and overshadowing” and that it appeared as if “extra house units are being pushed up against their boundaries to achieve a few extra units at the expense of a neighbourly scheme”.

Requesting that a boundary wall be constructed before any further homes are built in the area, the CRA noted that, under the current permission, 21 houses are proposed to have “wire fence and evergreen hedge between them and residents’ properties”.

“This is, with respect, very poorly considered,” the appeal stated. “This is much like having no boundary at all between the proposed dwellings. The existing evergreen hedges are diseased and will die in time leaving no suitable boundary between these properties and the new development.

“Also, the existing evergreen hedges are full of gaps both between and under the hedge leaving access to dogs and children from the new houses adjoining.

“The adjoining properties owners wish to have a well-defined boundary going forward, and they feel an evergreen hedge with post and wire fence will lead to disputes in the future. We consider this to be a sensible and appropriate request and one which should have been proposed originally by the applicant.”

One of the main sticking points referenced in the appeal is the proposed delivery of a créche and BMX park as part of the Green Hill development.

Requesting that no more houses be built in the estate until the créche and BMX park are completed, the appeal argued that Green DCBM Limited has “repeatedly prioritised more dwellings over the delivery of anything else”.

“Despite the parent permission being from 2018 and being accompanied by a master plan, by 2022 the applicant had fully removed the granted ‘pharmacy, offices and medical centre building’ which would have offered existing and future residents access to necessary retail, employment and medical facilities and replaced it with a nursing home,” the appeal reads.

“The applicant proposes more and more houses, and the development of non-residential uses is continually postponed.”

In its appeal the CRA asks that An Coimisiún Pleanála “impose a condition requiring that the on-site leisure and childcare facilities such as the BMX park and crèche be provided before any additional houses which would be permitted by this scheme are started”.

On July 15, ACP inspector Ian Campbell visited the site in advance of issuing his report.

That report contained a response from WCC in regard to the possibility of erecting a boundary wall between the estate and the rural dwellings.

“A uniform approach to boundary treatment is not deemed appropriate in this instance given the variation in existing boundaries, the condition of boundaries and preference to retain boundaries (where suitable), and that a balance between privacy and security has been struck regarding boundaries,” it stated.

On the issue of the crèche and the BMX track, the report states that WCC has asked the developer to clarify when it intends to provide these amenities, however, the inspector subsequently states that he does not consider it “appropriate, or necessary” to include a planning condition in respect of this development requiring that the previously permitted crèche and BMX track are in place prior to the occupation of any house.

In his ruling, the inspector goes on to state that, having regard to the Wexford County Development Plan, the development would “not seriously injure the residential or visual amenities of the area or of property in the vicinity, would not adversely affect the character of the area, would be acceptable in terms of traffic impact, would not have a significant impact on ecology or on European sites in the vicinity, and, would be in accordance with the proper planning and sustainable development of the area.”

However, while ACP upheld WCC’s decision to grant planning permission for the houses, it included a number of conditions. One of those conditions centred around the créche and BMX park.

“No dwelling hereby permitted shall be made available by the developer for occupation, in advance of receipt of written confirmation from the planning authority, of the completion and making available for occupation, of the childcare facility building and BMX track,” it said.