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Minister overturns developer driven material alternations to City Development Plan

Sun, 21 May 2023 02:14:23 GMT

City Councillors routed as evidence-based planning trumps local developers lobbying

The Save Roscam Peninsula campaign today welcomed the direction by the Minister for State for Local Government and Planning reversing 25 material alternations made by the Galway City Councillors as part of the adoption of the Galway City Development Plan 2023 – 2029.

Following the recommendation of the Office of the Planning Regulator(OPR), the Direction lists 14 land parcels which were the subject of land use zoning changes as part of the Material Alterations to the Draft Galway City Development Plan. The OPR recommended to the Minister to direct the Galway City Council in each case to reverse the zoning. The Direction lists a further 11 land parcels where the OPR recommended to the Minister to direct the city Council to delete the land use zoning for each land parcel and that the subject land become unzoned.

The Minister found that the Development Plan had not been made in a manner consistent with the earlier recommendations of the OPR, which required specific changes to the Development Plan to ensure; consistency with the National Planning Framework (NPF), the core strategy of the adopted Development Plan, and the Development Plans Guidelines.

Specifically, the Minister called out material amendments to the Draft Development Plan adopted by the elected members to zone land for development in peripheral locations, leapfrogging unzoned and/or undeveloped land, and in so doing not applying the sequential approach to development to support compact growth of the city environs and not consistent with the objectives to promote sustainable settlement and transportation strategies.

The effect of the Direction will see the Roscam Village area on the Roscam Peninsula unzoned and will also see a number of land parcels revert back to Agriculture/High Amenity.

The unzoned lands included those on a scenic environmentally sensitive headline which were zoned for development in the previous development plan .

Responding to the Minsters direction, a spokesperson for the campaign said “the material alterations made by the City Councillors following lobbying by developers continued the long standing practice of councillors facilitating a developer led plan rather than an evidence and policy based plan that meets the needs of the City.”

“The decades long practice of city councillors facilitating developers is over and the Ministers direction is an important step in restoring confidence in the planning system.

“It is clear from the City Council’s own evidence on future housing projections that there was no requirement to zone these lands for residential purposes in order to meet the needs of the targeted population increase up to 2029.”

Planning Regulator issues Draft Direction to Galway City Council

Sun, 15 Jan 2023 10:57:49 GMT

Welcome protection for sensitive sites on Roscam Peninsula

The Office of the Planning Regulator has recommended to the Minister for Local Government and Planning that a Draft Direction be issued to Galway City Council in relation to the adoption of the Galway City Development Plan 2023 – 2029.

The OPR Direction lists 15 land parcels which were the subject of a land use zoning changes as part of the Material Alterations to the Draft Galway City Development Plan. The OPR recommends to the Minister to direct the Galway City Council in each case to reverse the zoning.

The Draft Direction lists a further 11 land parcels where the OPR recommends to the Minister to direct the Planning Authority to delete the land use zoning for each land parcel and that the subject land becomes unzoned.

The 26 land parcels were the subject of Material Alterations proposed by City Councillors rezoning and were made against the advice of the Chief Executive, the planning executive and in contradiction to the recommendations of the Planning Regulator.

The Regulator found that the Development Plan had not been made in a manner consistent with his earlier recommendations, which required specific changes to the Development Plan to ensure; consistency with the National Planning Framework (NPF), the North Western Regional Assembly Regional Spatial and Economic Strategy (RSES), the core strategy of the adopted Development Plan, and the Development Plans Guidelines.

Specifically, the Regulator called out material amendments to the Draft Development Plan adopted by the elected members to zone land for development in peripheral locations, leapfrogging unzoned and/or undeveloped land, and in so doing does not apply the sequential approach to development to support compact growth of the City environs and is not consistent with the objectives to promote sustainable settlement and transportation strategies under section 10(2)(n) of the Act, in Galway City.

The Regulator noted, in particular, the need to strengthen the value of greenbelts and green spaces across the City and that this was undermined by the inclusion of extensive areas of land zoned Residential R2 (formerly Low Density Residential (LDR)) in a piecemeal manner in unserviced and peripheral and/or isolated locations, and more often in areas otherwise zoned Agriculture (A) or Agriculture and High Amenity (G).

When a Draft Direction is issued by the Minister regarding a development plan, those parts of the Galway City Development Plan 2023-2029 referred to in the Draft Direction shall be taken to have not come into effect. A public notice of the Draft Direction will be published within two weeks giving details of the Draft Direction and stating that written submissions or observations in respect of the Draft Direction may be made to the Planning Authority during a two-week period, and that these will be taken into consideration by the OPR before it makes a recommendation to the Minister on the matter.

A final decision will be made by the Minister in relation to issuing a Direction. Where the Minister issues a Direction, it is deemed to have immediate effect and its terms are considered to be incorporated into the plan.

The effect of the Draft Direction will see the Roscam Village area on the Roscam Peninsula unzoned and previous Material Alterations revert a number of land parcels back to Agriculture/High Amenity.

On Friday Jan 13 ^th , the Minister directed the CE to comply with the OPR’s recommendations on all 26 changes for the Development Plan. Councillors were informed accordingly.

Click here for a details of the land parcels in question

OPR calls on Galway City Council to remove Material Alterations to Zoning on Roscam Peninsula

Fri, 14 Oct 2022 00:37:02 GMT

Regulator pushes back on Material Alterations by City Councillors

Save Roscam Peninsula has welcomed the decision by the Office of Planning Regulation (OPR) to recommend the omission of Material Alterations to zoning on the Roscam Peninsula from the Draft City Development Plan 2023-2029.

The OPR was established following the recommendations of the 2012 report of the Mahon Tribunal to investigate “possible systemic” planning problems including those “raising corruption risks”. As part of its remit, the OPR reviews local authorities’ development plans and makes recommendations on these. Where local authorities do not justifiably follow its recommendations, the OPR can request a direction letter from the Minister requiring them to amend the plan. To date, the OPR has requested direction letters on four local authorities’ development plans.

The OPR has highlighted that the proposed amendments made in most cases on the request of elected councillors (See A6, A.11, A.15, A.16, A.17, A.18, A.19, A.20, A.21, A.23, A.24, A.27 and A.29) represent a piecemeal approach to zoning for development, inconsistent with national and regional policy.

Having regard to national and regional policy objectives for compact growth, NPO 3, RPO 3.2, under the NPF and RSES, and to NPO 62 green spaces; to the requirement to implement the sequential approach to zoning under section 28 Guidelines Development Plans, Guidelines for Planning Authorities (2022) to which the planning authority must have regard; to the requirement under section 10(1) of the Planning and Development Act 2000, as amended, (the Act), for the development plan to set out an overall strategy for the proper planning and sustainable development of the area; to the requirement under section 10(2A)(a) and (b) for the core strategy to be consistent with the NPF and RSES and to take account of national and regional housing targets; to the requirement under section 10(2)(n) of the Act to promote sustainable settlement and transport strategies to reduce energy use and to reduce GHG emissions; and to the binding interim target to reduce GHG emissions under Climate Action and Low Carbon Development (Amendment) Act 2021, the OPR has recommended that the planning authority is required to make the Plan without the proposed material amendments.

The Regulator also recommended that the local authority remove the R2 Zoning(effectively Low Density Zoning) from the draft plan as it was "not satisfied that the planning authority has implemented the recommendation of the Office."

Save Roscam Peninsula is calling on City Councillors to follow the recommendation of the OPR.

Click here to see OPR Submission on Material Alterations

Submission to the Citizens' Assembly on Biodiversity Loss

Tue, 27 Sep 2022 11:28:41 GMT

Despite the compelling scientific data and the economic case for preserving Biodiversity in our communities we continue to see unacceptable levels of diminution in the range and number of species across the ecological landscape.

The evidence of Biodiversity loss is pervasive and ubiquitous. Despite the compelling scientific data and the economic case for preserving Biodiversity in our communities we continue to see unacceptable levels of diminution in the range and number of species across the ecological landscape.

Valiant efforts to designate and promote Biodiversity continue to fall short in the face iof unrelenting pressure from poorly planned development and unsustainable levels of intrusion on the natural environment in pursuit of narrow financial interests.

We strongly suggest that progress on this important issue can be improved if the following recommendations are incorporated into our public policy settings.

(1) Full cost benefits analysis of biodiversity loss; including costing for externalities need to be incorporated into the planning and development framework at local, national and EU level.

Economic and state actors wishing to make undertake development (including public infrastructure and private capital investment) and ongoing operations that are detrimental to Biodiversity should be required to incorporate the externalities associated with the biodiversity loss into their business case. This could include the use of a choice architecture framework (offset or tax) to take account of these over the life of the project and ensure the burden is borne on a user/owner pays approach. Full cost assessment of Biodiversity impacts will stop the current free riding by private and state capital on the wider wellbeing of the population through unfettered access to our natural capital.

(2) Designation of areas of protection is not sufficient; management and enforcement must become a requirement

The experience to date with designated sites is that proactive management and protective is paramount to their long-term sustainability. The evidence from SAC’s in particular is that designation needs to be followed up by a rigorous management and enforcement regime. The current set and forget model is not preventing the ongoing unwarranted intrusions that we see as a result of poor planning, weak local enforcement and under resourced protection agencies. In this regard the baseline biodiversity audit of natural capital is essential to any aspiration to arrest the on going decline.

(3) An independent environment regulator should be put on a statutory footing and appointed to work jointly with the EPA and the NPWS, and other relevant public bodies to enforce regulations and protections.

The current protection regime has failed to deliver the necessary deterrents to prevent developers, and other stakeholders from ignoring the large body of environmental protection regulations. A fully resource statutory body with appropriate independent powers and mandate could help redress the decades of failure in the enforcement of our environmental protections. To date the vast bulk of ‘enforcement’ has relied on community grass roots level action through the courts under the planning framework and areas such as emissions. This is costly to the communities involved and not sustainable or desirable as the main remedy for breaches. A robust penalty enforcement regime would be self-funding I the early years and could provide the catalyst for stopping the current flood of open transgressions of the regulations.

(4) The role of patient capital and social capital should be examined to assess, evaluate, account for the production of biodiversity.

As patient pension capital around the world moves to Net zero it is also looking to Biodiversity issues as part of the ESG aspirations. Pension funds have led the way on the transition to Net zero and the transformation of capital markets in support of a low carbon global economy. The next dimension should be biodiversity and funds are already looking at it through the lens of Regenerative agriculture, biodiversity offsets etc. This provides support for deep and liquid Biodiversity offset markets as an alternative to Biodiversity taxes.

(5) The focus of government should shift to the production of biodiversity; technology and science are key to the transition from loss to production and architect the market to make the production of biodiversity work

The role for the government and the EU is to orchestrate the policy settings that create the conditions for full costing of the externalities of Biodiversity to be taken into account in our economic development. The case for this is firmly established by the Das Gupta and other analysis but a renewed sense of urgency is needed.

About us:

Save Roscam peninsula is dedicated to ensuring that the unique archaeological, recreational and cultural assets and designated natura habitats of the Roscam Peninsula are protected from unwarranted development.

Dr Martin Fahy

Dr Sophie Cacciaguidi-Fahy

Minister issues draft Direction to Galway County Council

Fri, 24 Jun 2022 10:15:26 GMT

Following a recommendation made to him by the Office of the Planning Regulator under Section 31 AM(8) of the Planning and Development Act 2000 (as amended), the Minister of State for Local Government and Planning, has issued a draft Direction to Galway County Council (being the Planning Authority for County Galway).

The Draft Ministerial Direction relates to the Galway County Development Plan 2022- 2028 and comes off the back of material amendments made by county councillors to the draft Plan, that are not consistent with the proper planning and sustainable development of the area. In a 74 page letter to the minister the planning regulator requested the Minister to direct the councillors to remove the material amendments in question.

The planning regulator was of the opinion that among other shortcomings the Development Plan has not been made in a manner consistent with and fails to implement recommendations of the Office, specifically,

a) that in relation to particular material amendments to the draft development plan adopted by the elected members, the Development Plan does not support compact growth of certain towns and villages;

b) the Development Plan zones land for development in peripheral locations, leapfrogging unzoned and/ or undeveloped land, and in so doing does not apply the sequential approach to development to support compact growth of certain towns and villages;

c) having regard to The Planning System and Flood Risk Management Guidelines for Planning Authorities (2009), specifically that in relation to particular material amendments to the draft development plan adopted by the elected members, the Development Plan zones land for development in areas of flood risk;

As a consequence of these and other issues, the regulator was of the opinion that Development Plan made by Galway County Council (“the Council”) failed to set out an overall strategy for the proper planning and sustainable development, contrary to the requirements of the Act.

https://consult.galway.ie/en/consultation/notice-draft-ministerial-direction-matter-section-31-planning-development-act-2000-amended-galway

High Court turns down application for judicial review of refusal of planning on environmentally sensitive Roscam Peninsula

Sun, 12 Jun 2022 12:47:19 GMT

The Save Roscam Peninsula campaign welcomes the decision of the High Court to refuse an application

for judicial review for a controversial development on the environmentally sensitive Roscam Peninsula.

The lands in question (which were purchased as agricultural lands at auction by Sunmile limited in

2016) were rezoned for housing in a material alternation to the 2017 draft City Development Plan

following an eleventh-hour vote by City Councillors. This rezoning decision was against the advice of

the city executive and despite the documented environmental sensitivity concerns set out in the

council’s own environmental assessment report on the area.

The proposed development was located on the Roscam Peninsula close to two protected European sites

(Galway Bay SAC, and Inner Galway Bay SPA) the nearby ecclesiastical settlement including Roscam

Tower and two protected panoramic views across Galway Bay.

The applicant, Mary Harriet Madden, made three successful applications to Galway City Council for

planning on the lands in question, all of which were subsequently overturned on appeal by An Bord

Pleanála.

Following the February 2020 decision of An Bord Pleanála to refuse permission for the third time, the

applicant sought a judicial review of the Bord’s decision. In a judgement issued on 4th May, Mr Justice

Cian Ferriter refused the application for a judicial review.

In a further development, in a recent submission to the draft city development plan 2023-2029 the Office

of the Planning Regulator (OPR) has directed the City Council to remove the lands in question from

LDR zoning and revert them to their original agricultural high amenity designation.

Despite the unwarranted re-zoning of these pristine lands by councillors and the earlier

grant of permission by Galway City Council today’s decision and the direction from the OPR allows us

to have confidence that this important habitat can be protected from unwarranted development.

High Court refers questions on costs to European Court of Justice

Sun, 12 Jun 2022 12:41:05 GMT

High Court refers questions on costs to European Court of Justice as part of judicial review of planning for 102 houses on Rosshill Golf Course.

The Save Roscam Peninsula campaign notes the decision of the High Court to refer key questions on the issue of protection of costs in the judicial review of An Bord Pleanála’s decision to grant permission for 102 units on the former Par 3 Golf Course at Rosshill to the European Court of Justice.

The question of costs protection relating to the interpretation of European law principles is being referred to the European Court of Justice (CJEU) along with other cases that raise similar issues.

The proposed development by Alber Developments Limited involved 102 units on the site, which is located close to two European protected sites (Galway Bay SAC and Inner Galway Bay SPA) and the nearby Roscam Folly.

In a recent submission to the Draft City Development Plan 2023-2029, Alber Developments Limited has sought the removal of the environmental sensitivities’ designation on the site and the rezoning of the lands for the construction of more than 700 units.

In a further development, in its submission to the Draft City Development Plan 2023-2029 the Office of the Planning Regulator (OPR) has directed the City Council to review its approach to LDR Low Density Residential zoning and omits previously zoned areas on the Roscam Peninsula, including lands on the former par three golf course, due to lack of services, existing high concentration of on-site wastewater treatment adjacent to areas of very high environmental sensitivity such as the Galway Bay SAC and Inner Galway Bay SPA.

The referral of the questions of protection of costs are expected could take up to 15 months or more to be adjudicated on by the European Court of Justice in Luxembourg .

The judgement can be viewed at https://www.bailii.org/ie/cases/IEHC/2022/2022IEHC202.html

OPR Calls for Galway City Council to Re-Zone LDR lands on Roscam Peninsula

Sun, 12 Jun 2022 12:07:46 GMT

Save Roscam Peninsula has welcomed the decision by the Office of Planning Regulation (OPR) to recommend the omission of LDR zoning on the Roscam Peninsula from the Draft City Development Plan 2023-2029 and to return the area to its Pre-2005 Agricultural-High Amenity zoning.

The OPR has highlighted that the draft plan has zoning for over 11,000 houses when even the most optimistic forecasts suggest the maximum housing need is 6,000 units. We don’t suffer from a lack of zoning, what we suffer from is land banking and hording by builders. Analysis has shown that during the life of the previous plan 2017-2023, less than one in four of the houses given planning permission were actually built.

Save Roscam Peninsula is calling on City Councillors to follow the recommendation of the OPR and the Chief Executive’s and put the interests of families in the east of the City before builders and profits. In submissions to the draft plan, local developers builders lobbied for rezoning to allow in excess of 700 houses to be built on the peninsula, including and the removal of its environmental sensitivity designation and protected views.