Bird sanctuary red tape yet another planning permission delay for housing

Patslatt1

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Recently Ivan Yates of Newstalk Radio expressed annoyance at the hypocricy of politicians who cry crocidile tears over homelessness and extremely high housing costs while prepared to pander to NIMBY local home owners who want to block housing projects. What sparked his annoyance was the action of a senator who managed to persuade a judge to intervene in a Bord Pleanala planning approval of housing. Yates was also annoyed that the Bord reversed its approval because of its failure to consider the implications of the EU habitats directive for a bird sanctuary at the site. As I understand it, Yates feels there are plenty of sanctuaries elsewhere in Ireland. For a guide to the directive, see https://www.sdcc.ie/en/download-it/publications/habitats-directive-assessment.pdf

The regulations in the link look onerous and legalistic but their practical effects may not be so. Could Bord Pleanala's admission of failure above pave the way for vexatious appeals of whatever remedies if any the Bord supplies? Or can the Bord quickly go through the motions and reinstate the planning permission knowing that its decision can't be subjected to legal appeals under the act of parliament that fast tracks its decisions.?
 


ShoutingIsLeadership

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Recently Ivan Yates of Newstalk Radio expressed annoyance at the hypocricy of politicians who cry crocidile tears over homelessness and extremely high housing costs while prepared to pander to NIMBY local home owners who want to block housing projects. What sparked his annoyance was the action of a senator who managed to persuade a judge to intervene in a Bord Pleanala planning approval of housing. Yates was also annoyed that the Bord reversed its approval because of its failure to consider the implications of the EU habitats directive for a bird sanctuary at the site. As I understand it, Yates feels there are plenty of sanctuaries elsewhere in Ireland. For a guide to the directive, see https://www.sdcc.ie/en/download-it/publications/habitats-directive-assessment.pdf

The regulations in the link look onerous and legalistic but their practical effects may not be so. Could Bord Pleanala's admission of failure above pave the way for vexatious appeals of whatever remedies if any the Bord supplies? Or can the Bord quickly go through the motions and reinstate the planning permission knowing that its decision can't be subjected to legal appeals under the act of parliament that fast tracks its decisions.?

Strange logic. Bird sanctuaries elsewhere, so destroy this one? Using that logic, there are houses elsewhere so these aren't needed.

Also, drawing a 70k+ pension from the State from your 50s while giving out about public spending is a better example of hypocrisy.
 

Lumpy Talbot

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No
You would imagine Yates would be more sympathetic to sanctuaries for migratory birds given his own travels in recent years.

Did he not fly somewhat east himself during a financial winter?
 

sic transit

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What bird sanctuary is this?
 

Ramon Mercadar

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Recently Ivan Yates of Newstalk Radio expressed annoyance at the hypocricy of politicians who cry crocidile tears over homelessness and extremely high housing costs while prepared to pander to NIMBY local home owners who want to block housing projects. What sparked his annoyance was the action of a senator who managed to persuade a judge to intervene in a Bord Pleanala planning approval of housing. Yates was also annoyed that the Bord reversed its approval because of its failure to consider the implications of the EU habitats directive for a bird sanctuary at the site. As I understand it, Yates feels there are plenty of sanctuaries elsewhere in Ireland. For a guide to the directive, see https://www.sdcc.ie/en/download-it/publications/habitats-directive-assessment.pdf

The regulations in the link look onerous and legalistic but their practical effects may not be so. Could Bord Pleanala's admission of failure above pave the way for vexatious appeals of whatever remedies if any the Bord supplies? Or can the Bord quickly go through the motions and reinstate the planning permission knowing that its decision can't be subjected to legal appeals under the act of parliament that fast tracks its decisions.?
I hope you and Yates are pecked to death and eaten by seagulls.
 

hollandia

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In this case, the senator and the judge seems to be correct. Anyone who's ever lodged a planning application should know about the habitats directive, and should have at the very least carried out an AA screening, to see if further environmental mitigation is required, such as a Natura impact statement or a full blown EIA was required.

I think this demonstrates both the ignorance of Yates and the OP about planning law.

We need development, but more than that, we need sustainable, legal development with minimal environmental impact.
 

fifilawe

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Recently Ivan Yates of Newstalk Radio expressed annoyance at the hypocricy of politicians who cry crocidile tears over homelessness and extremely high housing costs while prepared to pander to NIMBY local home owners who want to block housing projects. What sparked his annoyance was the action of a senator who managed to persuade a judge to intervene in a Bord Pleanala planning approval of housing. Yates was also annoyed that the Bord reversed its approval because of its failure to consider the implications of the EU habitats directive for a bird sanctuary at the site. As I understand it, Yates feels there are plenty of sanctuaries elsewhere in Ireland. For a guide to the directive, see https://www.sdcc.ie/en/download-it/publications/habitats-directive-assessment.pdf

The regulations in the link look onerous and legalistic but their practical effects may not be so. Could Bord Pleanala's admission of failure above pave the way for vexatious appeals of whatever remedies if any the Bord supplies? Or can the Bord quickly go through the motions and reinstate the planning permission knowing that its decision can't be subjected to legal appeals under the act of parliament that fast tracks its decisions.?
another snowball you've made and left for others to be fired back at you.
 

sic transit

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In the absence of any useful details in the OP rant I would hazard a guess it is this one.
https://www.rte.ie/news/courts/2018/0628/973942-raheny-housing-development/

The term bird sanctuary is really a kind of loose one as most large open spaces in North County Dublin have these birds resting in winter and could be called "sanctuaries", including GAA pitches on the Swords Road. By the looks of the report it's just one of the grounds and there are other more valid issues. At the heart of it is the absolutely naked NIMBYism of that area. I was initially surprised at the size of the development and that is the key issue IMO but never got the impression that residents and the "Louth Environmental Group" would have any truck with anything that doesn't preserve that land, regardless of the fact that it is privately owned.
 

TheWexfordInn

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Why dont they just have a vote?
Ask the population of Ireland if t hey want their public amenities paved over to create housing for immigrants?
 

sic transit

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Why dont they just have a vote?
Ask the population of Ireland if t hey want their public amenities paved over to create housing for immigrants?
It is not a public amenity, it is used by the public but in private hands.
 

recedite

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Were these playing fields owned by the Christian Brothers, and will the proceeds of the sale benefit the state, considering how much the state has already forked out to cover the redress bills for their institutional abuses?

Br Garvey also said the playing fields would ultimately benefit the state even though they are being transferred to a trust associated with the order.
"These measures, together with prior transfers by the Christian Brothers, will bring total contributions to redress, welfare and education to over 600 million euro (£521 million)," he said.
https://www.independent.ie/breaking-news/irish-news/religious-orders-have-paid-just-13-of-bill-for-child-abuse-inquiry-watchdog-35516219.html
 

sic transit

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Were these playing fields owned by the Christian Brothers, and will the proceeds of the sale benefit the state, considering how much the state has already forked out to cover the redress bills for their institutional abuses?

https://www.independent.ie/breaking-news/irish-news/religious-orders-have-paid-just-13-of-bill-for-child-abuse-inquiry-watchdog-35516219.html
This land has been sold and is not part of that list. It was owned by St Paul's School in Raheny.
 

runwiththewind

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Yeats was on about NIMBYism last year also. Apparently nearly every single Dublin TD has objected to planning in their area, from the Taoiseach, to Noel Rock, Clare Daly to Boyd Barrett.
 

hollandia

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Yeats was on about NIMBYism last year also. Apparently nearly every single Dublin TD has objected to planning in their area, from the Taoiseach, to Noel Rock, Clare Daly to Boyd Barrett.
They have. And some of them were correct to do so. Clare Daly famously made an eejit of herself around the time of the construction of the east west interconnector when she referred to dangerous electromagnetic fields in the order of "x Micronesias" rather than "x microteslas". James Reilly also made a fool of himself as regards that project.
 

sic transit

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They have. And some of them were correct to do so. Clare Daly famously made an eejit of herself around the time of the construction of the east west interconnector when she referred to dangerous electromagnetic fields in the order of "x Micronesias" rather than "x microteslas". James Reilly also made a fool of himself as regards that project.
Yep. It's that requests from the public thing that trips them up, the Rev Trev being notable in that regard!
 

hollandia

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The thing is, sic, if there's a flaw in the planning process then yes, I think that public representatives should be able to make representations. However, I firmly believe they should be sanctioned foot making vexatious attempts to thwart or direct planning applications.
 

sic transit

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The thing is, sic, if there's a flaw in the planning process then yes, I think that public representatives should be able to make representations. However, I firmly believe they should be sanctioned foot making vexatious attempts to thwart or direct planning applications.
Agreed but I think the latter is very difficult to establish and doubtful it would have an effect.
 

hollandia

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Agreed but I think the latter is very difficult to establish and doubtful it would have an effect.
Suspension from Dail Eireann, or local authority, in a tight vote situation would be punishment enough. And I actually think it would be quite easy to prove, as planning regulations are quite clearly defined.
 

statsman

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Ivan Yates. Enough said.
 


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