Goahead given for Laois forced purchase of ‘neglected, derelict’ town property

A derelict building on the main street of a Laois town is to be forcibly bought up to be used for social housing, despite an objection from the owner.

An historic two storey residential shop with land in Rathdowney is in a “neglected, unsightly and objectionable state” says An Coimisiún Pleanála.

The commission has approved an application by Laois County Council to buy the site covering 0.15ha at The Square, formerly Perry’s Shop with the fenced off field beside it.

The owners, Walsh Brothers Ltd, Rathdowney, had objected to the CPO.

The site is on the Laois Derelict Sites Register since 2024.

The owner had asked the council not to buy it, in various meetings and letters. They had said for some years that they were planning to develop it.

In an objection, they claim that “the Council’s position that that there was no planning submission and a lack of significant progress in activating the site is therefore false as the company has and continues to actively engage with the Council/planning department”.

However the Commission’s inspector upheld the council’s assertion that no activity was happening.

“The Commission’s inspector had visited the site and recommended the CPO.

“It is my opinion that the owner has had ample opportunity over the years to address the dereliction.”

The Commission described its “derelict condition” in making its decision.

“Having regard to the derelict condition of the structure and to the neglected, unsightly and objectionable state of the land and structure, having considered the objection made to the compulsory acquisition, it is considered that the site detracts to a material degree from the amenity, character and appearance of land in the neighbourhood”.

They said it”comes within the definition of a derelict site”, and that the compulsory acquisition is “necessary in order to render the site non-derelict.”

The property had formed part of a continuous terrace, however, buildings were lost due to a fire some 20 years ago and subsequently demolished. The remaining building has a traditional shopfront with a coach entrance. The adjoining land is fenced off from the street and overgrown.

A timeline had been given by Laois County Council, starting when they warned the owner that it was to be listed as derelict, six years ago in 2020. They paused this action because the owner said that a development design was being drawn up.

“No documentation was submitted and the site continued to deteriorate for a further three years when it was then placed on the Derelict Site Register.”

The council told the owners in mid 2025 that “if they did not activate the site, then the Council would be interested in acquiring it for housing purposes.”

“The owners' commitments to develop the site have in all cases been reactive to the actions of the Council,” noted the Commission inspector.

A “simple sketch site plan” was given to the planning department in October 2025. However no planning application followed.

“The Town Centre First Plan for Rathdowney noted that the town centre derelict sites have a significant impact on the vibrancy and general environment of the town and noted the major significance of dereliction and vacancy, with a rate of 33% compared to a 15% average across the County.

“The timeline provided demonstrates a failure of duty of the owner, with the only option available to the Council being compulsory purchase in order to activate the site, render it non-derelict, and bring it back into use.

“On many occasions the owner has indicated plans to develop the site, but no application has ever been submitted.

“Acquisition of the site provides an opportunity to remove the dereliction and provide social housing,” the Commission states.

Laois County Council had advertised its intention last February to seek the CPO approval.