Annabella planning appealed

DEVELOPER APPEALS COUNCIL’S CONDITIONS FOR MALLOW HOUSES

AN appeal has been lodged against conditions placed by county council planners in giving the green light to a significant residential development in Mallow.

Last September MallowHallmark Business Services Ltd lodged an application for the proposed development at Annabella.

It sought permission for the demolition and removal of disused farm buildings to be replaced by 61 houses and associated ancillary works including footpaths, parking, foul/storm water, landscaping and the inclusion of amenity areas.

In October a number of observations/objections to the development were lodged with the council, including one from the Dernville Residents Association. In the objection the association pointed out that because their estate had yet to be ‘ taken in charge’ by Cork County Council outstanding works relating to damaged footpaths, drainage and sewage could not commence.

They maintained that were the Hallmark development to be given the green light it would place “a substantial burden” on the services infrastructure in the Kennel Hill area.

They also sought assurances that appropriate traffic calming measures be put in place and a connecting footpath be put in place to Kennel Hill.

In May of this year the association again wrote to the council reiterating their ‘frustration’ at the fact that their estate had yet to be taken in charge by the council.

While they welcomed the fact that the developer had agreed to incorporate the requested footpath, the association said it was still unsatisfied in relation to traffic calming measures to cope with increased traffic and other issues and other issues such as potential flooding, overhanging trees and poor sight lines for traffic exiting the estate.

Following five requests from council officials between April and June to supply additional information in relation to the original application, planners finally gave the development the all clear last month with 70 separate conditions.

These related to a number of issues including public lighting, traffic management, footpaths, drainage and the protection of local flora and fauna.

The council also ordered the developer to pay a ‘special contribution’ (bond) of €193,400 towards the provision of works including a roundabout at the N72/Kennell Hill junction, the relocation and upgrade of the N20/N72 roundabout at Annabella and the provision of amenity facilities and public lighting.

In addition they were ordered to pay a further €171,625.92 to the council under its development contributions scheme.

However, Hallmark has appealed the ruling saying the special contribution for amenity facilities and work in Mallow Town Park was “neither exceptional or specific” to the development and that taken in conjunction with the development contribution constituted a “double charge.”

They also claimed there were similar developments in the past where special contributions for recreation/amenity facilities were not included and that the €25,000 for public lighting included within the special contribution should be omitted as provision for this was included within in the planning conditions.

An Bord Pleanála has set a date of October 3 for decision on the appeal.