Department of Housing directs Wicklow County Council to reverse zoning changes in local area plan
The Wicklow PeopleThe Department of Housing has directed Wicklow County Council to amend parts of the Wicklow town-Rathnew Local Area Plan (LAP) 2025-2031.
The plan, which was adopted in May of this year, replaced the existing plan, which in turn set out objectives required by the local authority for the proper planning and sustainable development of the area covered.
In a letter addressed to Wicklow County Council (WCC) chief executive Emer O’Gorman, junior minister John Cummins indicated that the Office of the Planning Regulator (OPR) had reviewed her report in connection with the plan, as adopted by the elected members on May 12.
They recommended Minister Cummins to issue a directive that would amend certain aspects of the adopted plan due to a range of planning concerns.
The directive, as issued, incorporates minor descriptive amendments which are not material in nature, and do not alter the substance of the recommended direction, but provide additional clarity to help its interpretation.
The outstanding matters centre on three areas of zoned land, namely on the Glenealy Road in Rathnew, Charvey Court in Rathnew and at the Murrough.
In relation to the zoned land for residential use at Glenealy Road, the OPR felt the site did not have regard to the protection of the environment, including relating to European sites under the Birds and Habitats Directives.
The elected members put forward the proposal to include the small area as ‘new residential’ zoning on lands that are outside of the 25 metre buffer from the stream, to address and reflect the proper use of the lands.
The land is also subject to a 100 metre buffer from the M11, as is standard, which is also a factor in the rezoning.
The OPR believes the zoning of land for residential development, in an area of biodiversity and ecological sensitivity, is inconsistent with policy objectives set out in the County Development Plan.
The County Development Plan recognises that “natural heritage and biodiversity is the cornerstone of Wicklow’s identity, and that it is essential that the county’s rich natural heritage and biodiversity is conserved and enhanced for the benefit of current and future generations”.
The OPR acknowledged that the lands at Charvey Court are relatively small and are located adjacent to existing residential development.
However, officials believed the plans also contradict those set out in the County Development Plan, which provides a clear policy framework to ensure that inappropriate land use zonings in areas at risk of flooding and / or which have the potential to adversely affect water quality and water systems are avoided.
The proposal was put forward as some elected members believed the site, situated in the village centre, should be presentable and as neighbourly as possible.
However, Cllr Danny Alvey stated his opposition to the rezoning of the 0.06 hectares at Charvey Court, from a natural area to new residential. As a result, that amendment had to be put to a vote, with 23 for, five against, three not present and one abstaining.
The subject lands at the Murrough are located within 25 metres of the Murrough Wetlands Special Area of Conservation (SAC).
Some elected members felt it was important to zone the land for employment purposes to support the continued economic development of Wicklow Port and the surrounding region.
They said rezoning the site could jeopardise the operations of an established, long standing, multi-generational shipping and logistics business that has been integral to the local economy.
However, it was felt that “a complete, precise and definitive finding and conclusion can’t be reached that there would be no risk of adverse effects on the integrity of the Murrough SPA and The Murrough Wetlands SAC, and the zoning of land for employment development in the area is inconsistent with policy objectives of the County Development Plan”.
Cllr Alvey was also opposed to the rezoning of one hectare at the Murrough from natural area to employment.
“I welcome the observation that any development in this area won't happen, but, nonetheless, it would significantly affect the bird population in the area that the SPA is due to protect.”
A total of 19 councillors voted in favour, six against, five not present and two abstaining.
Considering these recommendations, Wicklow County Council is now required, pursuant to section 31 of the Planning and Development Act 2000, to rectify the matter in a manner that will ensure that the LAP sets out an overall strategy for proper planning and sustainable development and meets the requirements of the Act.
The subject lands at Glenealy Road and Charvey Court must revert to open space from new residential, while the subject lands at the Murrough must revert to natural areas from employment.
The council has been asked to make these changes available for inspection at its offices and on its website.