The developer behind a proposed housing estate in the west side of Galway City have appealed the city council’s decision to not grant planning permission.
Diagnostic Medical Image International sought approval for three blocks of apartments and 30 houses, for a total of 74 homes, on lands north of the Kingston road.
The site currently consists mostly of undeveloped fields, with two cottages to the front of the site.
The City Council refused planning permission on the grounds that the estate would pose a road safety hazard, as one proposed entrance through the existing Garrai de Brun estate did not meet requirements.
Concerns were also raised about whether or not the developer has sufficient “legal interest” in the lands that make up the application, and for works on adjacent lands and structures which would be required to enable the estate.
A total of 19 public submissions were received by the city council concerning this housing development, including four petitions from existing local housing estates bearing 53 signatures between them.
In the appeal, Diagnostic Medical Image International states that the Garrai de Brun access road has been taken in charge by the council, which would allow upgrade works to be carried out in order to make it DMURS compliant.
The appeal also stated that “issues surrounding land ownership is a legal matter rather than a planning matter”, and that the Planning and Development Act of 2000 makes it clear that a grant of planning permission alone is not the only requirement to carry out construction work.
It states that any issues surrounding ownership or legal interest in land required have been dealt with, including the Garrai de Brun access road and a boundary wall between this site and the existing estate.
The appeal is due to be decided by An Bord Pleanála by August 30 of this year.
