Duckspool decision could be exploited by developers, say West Waterford councillors

Councillors are concerned that other developers will use the decision as precedent for refusing to make the special contribution. Stock Image.
Councillors in West Waterford have raised concerns about a recent An Coimisúin Pleanala decision, that could have wide-reaching impacts on infrastructure development in Dungarvan.
At the September sitting of the Dungarvan-Lismore District Council, Councillor Damien Geoghegan said the decision to remove the special contribution of €750,000 for a roundabout on an application to build 155 houses at Duckspool could set a precedent developers can exploit in the future.
“We would find ourselves in conflict with developers. Any developer now with a finger on the pulse and has a special contribution placed on them with regard to putting a roundabout on the Burgery.
"They will take out the ruling from An Bord Pleanála last week and say that is precedent. And that will delay them even further housing being provided in Dungarvan. That is what’s going to happen,” said Cllr Geoghegan.
Cllr Thomas Phelan supported his district colleague and said the decision puts the onus back on the council to provide the funding necessary for such infrastructure, usually covered by developers.
“So I think with one stroke of a pen, An Bord Plenaala have probably removed that ability from us, and it might mean a rethinking of our capital plan, which goes beyond this district to the entire city and county, so it will need a lot of thought,” said Cllr Phelan.
Cllr Tom Cronin, while criticising the rebrand of An Bord Pleanála as An Coimisúin Pleanala, said the roundabout was essential and called the removal of the special contribution “a disaster.”
“They seem to change names whenever it suits, so I don’t know what the story is. It won’t make them better, whatever name they use, but anyway.
“I think the whole thing is a disaster because the roundabout on the N25 is essential at the Burgery.
"It is something that we are going to have to find the money to put that roundabout there,” said Cllr Cronin.
Director of Roads at Waterford City and County Council Gabriel Hynes said they stand by their decision to require the special contribution and will continue to make decisions in the same way for future developments.
Senior Executive Planner Aisling O’Sullivan explained that the board inspector had not removed the special contribution in their assessment, but the board members later decided against it.
“So we are as disappointed as anybody that the condition was taken off. But what I would like to say is that we are very happy with the overall result from An Bord Pleanála.
"There was a huge community gain in that. And I don’t want that lost in the overall,” said Ms O’Sullivan.
Ms O’Sullivan said the council made their decision to apply the special contribution because of the amount of zoned land in the area, the housing need, and attributed a portion of that to the Duckspool development.
She also said there will be a link road provided up to the GAA club, which will service the school, as well as improving safety on the access route on the N25.
“This development will not alone provide housing but will open up future land for development and provide safe access for the population of Dungarvan. So that should be highlighted as well,” said Ms O’Sullivan.
Cllr Phelan clarified that they are happy with the decision on the housing element but were still concerned about the impact on infrastructure.
Ms O’Sullivan said there was no way for the council to raise that with An Coimisiún Pleanala, but they would have to ensure they make very strong arguments for the special contributions they apply in the future.