Glenveagh asks High Court to overturn decision by Louth councillors

Glenveagh Properties plc has this week asked the High Court to overturn a recent decision by Louth councillors to dezone land in Haggardstown, that Glenveagh says "will block approximately 500 high-quality new homes".

Councillors voted in March to dezone land that was earmarked for residential housing, at a Special Meeting of Louth County Council on submissions received to the proposed Material Alterations to the Draft Dundalk Local Area Plan. Local councillors voiced fears at the time that the area was already coping to deal with the growth of the population in recent years.

Councillors highlighted what they believe is a lack of sufficient wastewater treatment infrastructure in the area, a lack of sufficient school places there and in nearby Blackrock, as well as a lack of sufficient creche places, and social amenities.

It was a move that was welcomed by local group, Haggardstown and Blackrock Community Forum, who said at the time that it had "strenuously communicated that the site and surrounding area was wholly unsuitable for a dense housing development”, for reasons including its close proximity and potential associated risks to a NATURA 2000 site; the site is landlocked; no road network; no sewage connection provision; and that "all land to the east of the site along the R172 is located within flood zone A and flood zone B."

In a statement to the Dundalk Democrat from Glenveagh, it said that the councillors’ decision "to block any form of housebuilding on a Glenveagh site in Haggardstown contravenes the views of the Louth County Council Chief Executive and the Office of the Planning Regulator (OPR), both of which support the building of new homes on the site."

"The OPR issued a formal recommendation to Louth County Council on the councillors’ plans in January. In this, the OPR said councillors should not proceed with their stated intention to block housebuilding on the site by taking away its residential zoning status."

"According to the OPR, recommendations of this nature are issued when they relate to “clear breaches of the relevant legislative provisions, of the national or regional policy framework and/or of the policy of Government” by county councils or councillors. However, the councillors ignored this recommendation and voted to change the zoning of the lands in March.

"Similarly, this vote comes at a critical time in addressing the housing crisis and in line with this, directly contradicts the revised National Planning Framework, as approved by the Cabinet, which will look to ensure adequate zoning of land for residential needs and for local authority development plans to be updated as quickly as possible to reflect updated housing requirements.

"The action taken by Glenveagh this week is to ask the High Court for a Judicial Review of the councillors’ decision."

Glenveagh said it is asking the High Court to overturn the councillors’ zoning decision, claiming in its statement that:

• "The change in zoning of the land contravenes the views of the Louth County Council Chief Executive and the Office of the Planning Regulator (OPR).
• "Dundalk is experiencing a serious shortage in the supply of high-quality new homes, which Glenveagh wants to help address, particularly for first time buyers.
• "Glenveagh has worked with Uisce Eireann and other stakeholders to ensure it can address concerns raised by some councillors relating to the infrastructure needed to service the proposed new homes.
• "Glenveagh previously held planning permission to build close to 500 new homes on the site and is in the process of seeking fresh permission from the planning authorities to do so.
• "Only 11 of Louth’s county councillors voted for the change in zoning, with 6 voting against and 12 not casting a vote.
• "Dundalk has been identified in the National Planning Framework as a regional growth centre that is capable of balanced development.
• "The OPR had the power to recommend that the Minister for Housing, Heritage and Local Government issue a direction to Louth County Council to discontinue with the change in zoning, but this did not occur."

Glenveagh also claims that in addition to the loss of housing supply, the decision will also have a detrimental impact on local employment and economic opportunities, including opportunities for local employment in the construction of the homes and the wider economic benefits of increased construction activity and footfall in the area.

Read also: Louth CE wants to enhance quality of life of citizens in the county

Glenveagh says it has a strong partnership with KTF manufacturing in Dundalk, which employs approximately 100 people, in close proximity to the site in Haggardstown. Glenveagh says it and KTF have a strong track record of working together to deliver timber frames for the houses that it builds. KTF operates in a Glenveagh-owned factory, and it was envisaged that KTF would work on the construction of the proposed homes in Haggardstown.

A Glenveagh spokesperson said: “This action by a very small group of councillors is exceptionally disappointing given the critical importance of addressing the housing shortage. The residential zoning of the lands in Haggardstown are in line with national and regional planning policy, and the necessary infrastructure is in place. It is hard to understand what grounds the councillors have based their decision on.

"We stand ready to build much needed homes for approximately 500 families, couples and individuals who want to buy their own home near Dundalk and be part of the local community.

"We are going to the courts reluctantly, but we feel we have no choice. The councillors’ decision was opposed not only by the Chief Executive of the Council but by the Office of the Planning Regulator too.

"We want to create vibrant communities wherever we build new homes, and we plan to do the same in Haggardstown – providing a residential development, as well as supporting local sports clubs, community groups and schools that benefit the wider community.

"The decision by this small group of councillors block what would otherwise be such good news for Haggardstown and the wider community. Given the societal and economic benefits that the delivery of 500 homes would bring, we believe we must challenge the councillors’ decision. It is disappointing that this is now the only option available to us.”