Busy Laois builder finally gets green light for Portlaoise homes

One of the busiest construction companies in Laois has the final go-ahead to build homes in Portlaoise from An Board Pleanala after a three-year planning process and appeals finally concluded in November.

The planning appeals board has given the green light, with conditions, to Thomas Kelly and Sons Group to build 30 homes in the Kilminchy area of Portlaoise. It's an area of town where the company has been involved in a number of building projects.

The company and resident John Cowhig lodged separate appeals to the council's grant of permission. The builder applied for planning permission in August 2021 which was approved in May 2022. The appeals process finaly concluded on November 6 2023.

The developers orginally applied for two two-storey detached four-bedroom houses; 10 two-storey, three-bedroom semi-detached houses; six two and half-storey three-bedroom houses; six two-bedroom, two-storey to front with single-storey to rear houses.

A number of objections were made during the planning process. Residents in Kilminchy raised concerns over privacy, overshadowing and the ability of the existing infrastructure to cope with additional development. However, the development was approved with 19 conditions. 

The developer's appeal to this decision focused on a council condition that imposed a development contribution for a survey and report relating to surface water drainage.

Mr Cowig had a number of grounds of appeal including sewerage, wastewater, Kilminchy management company and others.

Directing that the houses could be built, the Board said it considered that there would be no impact on the residential amenities of adjoining residential properties arising as a result of the proposed development and the proposed development will be adequately provided with residential amenities.

The Board said also considered that that the density, mix of housing types, and the residential amenities, are acceptable in light of the Laois County Development Plan 2021-2027.

The Board said it concurred with the Inspector that the proposed development would not be likely to have a significant effect on the River Barrow and River Nore Special Area of Conservation, or any other European site.

The Board acknowledged that the proposed development, in an area zoned for residential development, is part of the Kilminchy development that is "impacted by servicing capacity constraints". However, it added that these are being or are to be addressed by the local authority. It added that the proposed development would benefit from these works and should contribute to the exceptional costs. 

Granting permission the Board ordered that prior to the commencement of development, the developer shall pay the
agreed sum of €7,500 (seven thousand five euro) to the planning authority, in respect of the completion of a survey and report of the existing surface water drainage system in Kilminchy, to establish any deficiencies in the network in order to ensure that the development does not overload or negatively impact the existing drainage system

The new houses will add to the significant portfolio of homes the company has built or attempted to build in the Kilminchy area since the property crash. The biggest of these was a plan to build 200 homes on the fringe of Kilminchy. The builder wanted to get permission by applying directly to An Board Pleanála for permission via the Strategic Infrastructure Development route rather than seeking permission from Laois County Council. 

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Approval for the 30 homes was granted on the same day as An Board Pleanála rejected a plan for 85 homes on nearby land in Kilminchy involving a different company. Too many of the houses were found to be too big.