Appeal over community centre plan in Laois

Alterations to a community centre boundary wall would see it built on a right of way, an objector has claimed.  

The planning application to alter the boundary wall at Rathdowney Community Centre was granted by Laois County Council subject to three conditions on January 7. The application for the works at the site at Church Street, Rathdowney was made by Trevor Stanley on behalf of Rathdowney Community Centre. 

Brian Phelan, who objected to the proposal in a submission to Laois County Council has now objected to An Bord Pleanala. 

In his submission to Laois County Council, Mr Phelan took issue with the boundary alterations.  

“I am writing to object to the application above, the proposal is to build over a right of way. There has been no consultation or request made to the owner of the right of way, which is our Company, Keysite Maintenance Ltd . This right of way is registered in the land registry and is clearly outlined on the map,” he wrote. 

“What is not clear is how it has been presented as part of the planning process. The original existing boundary wall and the new proposed wall should be presented as part of the application. The engineer in this instance has omitted it and it fails to demonstrate that the new wall is being constructed on the right of way,” he continued.  

“We are notifying the applicant that if they continue with this application we will seek injunctive relief and include Laois County Council in that action, should laois county council give approval for the applicant to interfere with the right of way. The established easement, which is clear and documented in the land registry and the applicant is well aware of, is proposed to be built over and therefore permanently interfere with our property rights.

"We have assisted the community over many years now and encourage any positive moves to help the area and the community centre itself. But the proposal is completely at odds with our established property rights," Mr Phelan said.  

"We were extremely shocked and disappointed to see the notice recently. As the notice displayed on site is also not displayed as per the planning maps it was very misleading. The drawings are also misleading as they do not show the area over which the applicant is seeking to extend into and therefore interfere with."

"Given no attempt was made to discuss this with us, we can only deduce that the applicant sought to obtain the permission without our input. No planning permission should be given without express written permission from the owner of the right of way, Key site Maintenance Ltd,” he said.

However, the council’s planning department approved the application. The objections were acknowledged in the planners report. 

“It is noted that a third-party submission has been received in relation to this proposal from Brian Phelan, who claims his company Key Site Maintenance Ltd. has an established right of way over the subject site.  He objects to the proposed development as the proposed wall is being constructed over the right of way and therefore interferes with his property rights.

It is noted that the planning application form states that the applicant is the owner of the subject site and a right of way is indicated over the lands on the application drawings. It is considered that the proposed alteration to the site boundary does not impact upon the use of the right of way to a significant degree which would render it unusable,” the reports states. 

The plans are now with An Bord Pleanala who are expected to make a decision in early May.