Appeal lodged to overturn planning permission for long-awaited Midlands Hospice

An appeal has been lodged against the decision by Offaly County Council to grant planning permission for the long-awaited Midlands Hospice for the people of Laois, Offaly, Longford and Westmeath. 

The objection was submitted by Tom Martin to the secretary of An Coimisiún Pleanála on Monday, January 19. 

Tom Martin is a trustee of Tullamore Pitch and Putt Club as well as a co-legal registered owner of impacted lands who has previously issued submissions against the proposed site of Arden Lane for the facility throughout the planning process.  

The nature of the appeal against the granting of planning permission is based on grounds of prematurity, procedural defect, fragmentation of development, inadequate infrastructure, invalid public notice and failure of proper planning and sustainable development.

In the appeal, Mr Martin said: "I wish to state at the outset that I do not object to the principle of a hospice facility, which I recognise as an important and necessary element of healthcare provision for the Midlands Region."

He continued: "My appeal relates solely to the manner in which this particular development has been permitted and to the failure to resolve fundamental planning and procedural issues prior to the grant of permission.

The proposed development is dependent on substantial off-site access and road infrastructure which has not been designed, accessed or permitted as part of the planning application."

Mr Martin further explained: "The required road widening, footpaths, public lighting, junction works and associated services are not located within the application site, traverse third-party lands and are not the subject of any concurrent planning consent.

He then added: "In these circumstances, it is my position that the planning authority could not reasonably conclude that the development would be adequately served by appropriate infrastructure at the time permission was granted."

READ MORE: Laois groups says any further delay on Midlands Hospice would be a major lost opportunity

Planning permission was initially granted for the Midlands Hospice after a motion for a material contravention of the Offaly County Development Plan was passed by Offaly County Council during their December monthly meeting.

As part of the material contravention, at least 75% of the councillors needed to vote for the proposal in order for it to be passed.

At the December meeting, all 19 councillors unanimously voted for permission to be granted therefore giving their backing to the building of the 20 bed palliative care facility on a site on Arden Lane, Tullamore. 

Mr Martin disputed the validity of the outcome of the planning application being decided by material contravention within Offaly County Council in the appeal. 

He said: "I submit that the decision to materially contravene the Offaly County Development Plan was taken without elected members being provided with sufficient information regarding the design, extent, land take and delivery mechanism of the required infrastructure works. In the absence of such information, it is not evident that the statutory test has been properly satisfied."

The Tullamore Pitch and Putt Trustee illustrated many other alleged breaches of regulation throughout the appeal which he believes indicate that planning permission at the proposed site should not have been granted.

One instance referred to how "the public notices and application documentation explicitly described road upgrades and associated works as forming part of the proposed developments."

However, "these works were subsequently removed from the application prior to the decision without the publication of a revised public notice or re-advertisement."

The appeal also mentioned: "Conditions attached to the permission, in particular those requiring the completion of road improvement works and the payment of a special development contribution, demonstrate the necessary access infrastructure was neither defined or consented at the time permission was granted."

Mr Martin continued: "These conditions rely on future approvals and actions by Offaly County Council in its separate capacity as infrastructure provider and do not, in my view, remedy the underlying absence of assessed and permitted infrastructure or the issue of prematurity."

He also cited that the granting of permission for the facility on Arden Lane may negatively affect the Tullamore Pitch and Putt course. 

Mr Martin commented: "The proposed access arrangements would have a material impact on adjoining lands and on Tullamore Pitch and Putt Club, a long-established community amenity. 

I am a trustee of the club, Notwithstanding this, no landowner consent, mitigation strategy, or detailed resolution of safety and operational impacts has been achieved as part of the application process."

READ NEXT: Nominations sought for annual Laois/ Offaly Garda Youth Awards

Following the announcement of the appeal on the decision, Tullamore Pitch and Putt Club issued a statement on social media contradicting the views of Tom Martin despite his association with the sporting organisation. 

The statement read: "Tullamore Pitch & Putt Club wishes to reiterate our previous public statement confirming our full and unequivocal support for the Midlands Hospice development at Arden Lane.

As previously stated, we welcomed the unanimous decision of the 19 County Councillors to pave the way for planning permission and we remain proud to support the delivery of this vitally important regional facility. We continue to look forward to being good, supportive neighbours to the hospice for many years to come."

The club distanced themselves from the appeal as they clarified: For the avoidance of any doubt, the recent appeal lodged by Mr Tom Martin reflects his personal views only. While Mr Martin is a trustee of the club, his position does not represent the views of Tullamore Pitch & Putt Club or its other Trustees, who do not share or endorse the appeal.

They concluded: "Our position remains unchanged: we sincerely hope that everyone can unite behind this essential project so it can proceed without further delay and deliver much-needed hospice care to families across the Midlands."

Tom Martin finished his appeal by stating: "For all the above reasons, I submit that the decision of Offaly County Council is not supported by adequate assessment, is procedurally defective and does not comply with the requirements of the Planning and Development Act 2000. I respectfully request that An Coimisiún Pleanála overturn the decision to grant permission."

Tullamore-based Councillor Shane Murray said he was frustrated to see the building of the Midlands Hospice in Offaly held up by the appeal.

"I'm deeply disappointed to see an objection gone in, all 19 councillors who cover every bit of this county and the communities within it were represented at the vote and all 19 councillors voted in favour of the material contravention to change the use of the land to allow the development to go through."

The Fianna Fáil Councillor continued: "Barry Cowen MEP secured the funding of €24 million for this project and Jennifer Carroll MacNeill as our Minister for Health and Tony McCormack as our Deputy here in Tullamore have been fighting to get this done."

He concluded: "It would be an absolute shame for the people of Tullamore and Offaly if this doesn't end up happening. This objection has only delayed the project further and brought more frustration to the process."