Apartments beside Laois school approved despite An Bord Pleanala rejecting 'almost identical application' last year

Planning has been granted for a 36 unit apartment complex at a site where An Bord Pleanala rejected a similar plan last year. 

Corrigeen Building Company Limited has been granted conditional permission to build 36 two bedroom apartments in four blocks at Davitt Road in Mountmellick.

Permission was granted subject to 19 conditions and despite the original application seeking approval for only 32 two bedroom apartments in the initial application in September last year. 

Laois County Council approved permission for the development to “A) demolish existing building, B) build 36 two bedroom apartments, in four, two storey blocks, C) bin bays and cycle shelters, D) 61 parking spaces, E) site entrance and all associated site works.”

The initial application submitted last September sought permission to demolish the building along with approval for 32 two bed apartments at the site on Davitt Road in Mountmellick.  The site is located beside School Phadraig Naofa Boys National School, whose Board of Management objected to the plan.

A previous application by Corrigeen Builders for 36 two bed apartments at the site was conditionally approved by Laois County Council but then rejected by  An Bord Pleanala after an appeal by the Davitt Court Residents Committee and the Board of Management of School Phadraig Naofa Boys National School. 

Both groups also lodged objections with Laois County Council to the latest application for the proposed development at Davitt Road. 

Residents of Davitt Court, Davitt Road, Brookview and Acragar objected to the development on 17 grounds, such as what they said was the lack of sufficient outdoor space, the local schools already being at capacity, flood risk fears and the fact that An Bord Pleanala had rejected a similar plan at the location.

“Finally, this proposed build was already objected by An Bord Pleanála, and we quote "the Board are not satisfied as to the capability of the network to accommodate the sewage generated by the proposed development...it would be prejudicial to public health and would, therefore be contrary to the proper planning and sustainable development of the area....it is considered that the proposed development could lead to adverse effects on the environment including potential flood risks and accordingly the proposed development would be contrary to the proper planning and sustainable development of the area",” the group quoted in their submission to the council. 

In their submission to Laois County Council, the Board of Management of School Phadraig Naofa Boys National School also pointed out that An Board Pleanala had rejected plans at the site last year.

“We would note that an almost identical application was submitted by the applicant under Laois County Council Reference 20/620 in late 2020. This was subsequently refused by an Bord Pleanala under their reference 311526-21 in April 2022,” they stated. 

“As part of the Board of Management's observation submitted in respect of the original planning application, and further referred to in our appeal to an Bord Pleanala at that time, we requested that a re-design of the proposals be considered by the applicants to address the overlooking concerns raised. The proposals could have been re-designed to provide the new access roadway between the proposed apartments and the school playground. This would entail mirroring the current proposals and would provide a buffer between the school playground and the apartments (with first floor full height windows and balconies currently proposed as near as 1.3m from the school boundary). The Board of Management are disappointed that the concerns raised have not been taken on board by the applicants in this new application,” the Board stated. 

"The immediate proximity and the extent of overlooking of the s playground has clearly not been considered by the developers of the proposed works. This level of overlooking is not acceptable to the school authorities and is a very real concern from a child protection point of view and will impact significantly on the school amenities,” they said. 

They also objected on the grounds that no survey had been done in relation to traffic implications for the area and said the two bedroom units are not family oriented dwellings. 

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Although the council has not yet published the details of the 19 conditions attached to the planning approval, the Board of Management and local residents group are both expected to appeal Laois County Council’s decision to An Bord Pleanala.