Legal dispute over right-of-way threatens to block Waterford apartment complex

Plans for 60 apartments in Waterford are at risk of being blocked due to a legal challenge, in a row over the right of way.

The project received permission earlier this month from An Bord Pleanála, however, planning officials noted that a legal issue remains over the development due to an opponent’s right of way on land along the proposed apartments.

Kieran Kennedy, who lives opposite the site, pointed to council papers confirming he had a legal right to the plot of land and said it would render his family’s hold ‘useless’.

The 1.7 acre site is now set aside for a four storey apartment complex with capacity for 60 one and two bedroom apartments at the rear of the Ballinakill Shopping Center on Dunmore Road in Waterford City.

In its report, An Bord Pleanála said that the Kennedys had not authorized any changes, but said that, in accordance with the guidelines of the Planning Act, “the planning system is not appropriate to solve land disputes and that these are ultimately matters that are best left to the courts”. than planning authorities.

The plans provide for 60 parking spaces, 60 spaces for bicycles and, following an inventory, a play area suitable for children and charging stations for electric vehicles.

Opposition

He had faced opposition from a significant number of local residents, including the Ballinakill Residents Association, which backed the position of Mr Kennedy and his wife Anne.

They hold a deed of easement for a right of way next to the site. The deed is defined as a right of ownership enjoyed by a property over a neighboring property and can often be a right of way.

Kieran Kennedy said that if the development goes ahead, he would block his right-of-way as servicing of the site could stretch along his property.

Mr Kennedy, 58, a former Bus Éireann mechanic and now semi-retired as a driving instructor, said if development continued it would block his hold as service to the site could expand. his property. The road is currently blocked by a wall enclosing Mr Kennedy’s house, but he said he intended to challenge the development as he wanted to open the road.

I’m not against development, but they’re violating my right of way. They do it for two reasons in my opinion: they change a one-way system into a two-way system and they will block my entrance.”

He added: “It’s not an ancient right of way out of nowhere – I registered it with the Deeds Office in 2007. They only affect a small part of it, but it’s a part very important. it is useless.”

The planning application was submitted by Tony Robinson, a developer, in partnership with local auctioneer Michael Guiry, who acted as sales agent.

Mr. Guiry told the Irish Examiner the title to the 1.7 acre site was deemed “clean” by An Bord Pleanála and would therefore be suitable for construction.

“It has been approved by An Bord Pleanála and has in turn been approved by City Council and County Council, so we don’t want to see any delays to 60 people or 90 people going home.”

These are 60 apartments that are sorely lacking in the neighborhood. The complex is aimed at an older age group and it will free up four and five bedroom detached houses on Dunmore Road.

“It would be attractive to someone who could downsize on Dunmore Road, they will be next to the shopping center with all amenities on their doorstep,” he added.

In approving the apartment complex, An Bord Pleanála said it was “in line with good planning and sustainable development of the area”, adding that it was appropriate to the outgoing development plan of the City of Waterford which stipulated that “residential development is declared to be generally acceptable”.

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