Council's directive necessitates possible demolition of 28 residences according to the developer's statement
A nearly-completed 28-unit housing development in County Waterford is facing a significant hurdle, as a planning enforcement order could potentially require demolition and extensive rebuilding work. The order, issued by the local authority, stems from the dwellings being constructed higher than the permitted elevation under the original planning permission.
The development, being built by Cosmo Development Kilmeaden Ltd, is intended for social housing for Waterford City and County Council. However, the enforcement order demands compliance with the original planning conditions, particularly the permitted elevation of building floors.
Compliance could mean demolishing the houses, excavating thousands of truckloads of material to reduce the elevation by nearly 4 meters, and then reconstructing the houses to the approved planning heights. This extensive work is why the developer is seeking to have the enforcement order quashed, arguing that the council’s interpretation of the planning permission was mistaken.
The court has granted a temporary stay on the enforcement order, allowing the developer to continue working pending judicial review. If the developer fails to comply fully with the order, compulsory demolition could ensue to ensure the development meets the terms of the planning permission.
The developer's position is that the planning permission intended for the houses to be constructed relative to the existing topography, not under the existing ground level with extensive excavations required. Cosmo Development denies that the planning permission was misinterpreted and is asking the court to quash the order directing it to cease works on the project.
The planning permission for the housing development was initially granted in April 2022 to a previous owner of the site. Interestingly, the original planning application did not include a temporary local benchmark or an Ordnance Survey Ireland (OSI) datum point, which are typically included in planning applications for reference points within the proposed development.
The retrospective use of a temporary benchmark by the architecture firm, according to the developer, amounts to the imposition of a new level regime. This is a key point of contention in the developer's legal challenge.
In this case, the enforcement order serves as a reminder of the importance of adhering to planning permissions to avoid potential demolition and costly rebuilding works. The outcome of the legal challenge will determine the fate of this housing development in County Waterford.
- The developer, Cosmo Development Kilmeaden Ltd, is embroiled in a legal challenge to have an enforcement order quashed, contending that the local authority's interpretation of the original planning permission was incorrect and that the planning permission intended for the houses to be constructed relative to the existing topography, not under the existing ground level with extensive excavations required.
- In this real-estate project, extensive investing in compliance with the enforcement order could mean demolishing the houses, excavating thousands of truckloads of material, and reconstructing the houses to the approved planning heights, a situation the developer is keen to avoid due to the potential financial implications and disruption.
