Residents who withdrew planning appeal get £200,000

A South Co Dublin residents' association received £200,000 and other benefits from developers in return for withdrawing a planning…

A South Co Dublin residents' association received £200,000 and other benefits from developers in return for withdrawing a planning appeal, The Irish Times has confirmed.

The Leopardstown Heights Residents' Association had appealed to An Bord Pleanala against Dun Laoghaire-Rathdown County Council's decision to grant permission for a major office development at Glencairn, the former British ambassador's residence.

Terms of an agreement between the association and Glencairn Developments Ltd specify that the developers "shall pay . . . a financial contribution [£200,000] . .. in respect of the enhancement of the association's area" and meet its legal costs and expenses.

The developers also agreed to construct new entrance pillars in granite "with appropriate nameplates" at the three entrances to the Leopardstown Heights estate, and to build a wall "faced on both sides in granite" along the length of Murphystown Road.

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As part of the deal, dilapidation surveys were to be carried out at the developers' expense on all the houses on Murphystown Road "and any other houses requested by the association in the estate".

Vibration monitors were also to be installed in houses adjoining Glencairn. All construction traffic was to be confined to the main Leopardstown Road so as to "cause least discommotion to the residential amenity" of Leopardstown Heights.

Monthly meetings with a liaison committee nominated by the association are also a requirement.

The agreement specifies that the developers "shall use their best endeavours" to support the association's desire to influence the design of new roads in the area, such as locating a roundabout "as far away as possible" from the Leopardstown Heights estate.

The developers also undertook to incorporate the relevant terms into any contract for works at Glencairn "so that the contractor shall equally be bound by the said terms".

In return, the association agreed "unconditionally" to withdraw its planning appeal.

The appeal was withdrawn by letter dated January 24th, some three months after it had been lodged on behalf of the residents' association by Mr Enda Conway, former chief planning officer of South Dublin County Council and now a private consultant.

Mr Conway's letter stated that he had been instructed by his clients to withdraw the appeal; it made no reference to the fact that an agreement had been reached with the developers. The letter was countersigned by six members of the association.

Another planning consultant, who did not wish to be named, said it was clear that some developers were tempted to deal with third-party objectors to secure the withdrawal of appeals because of the time it took An Bord Pleanala to process cases.

He said the fact that a substantial sum of money had been paid in this case was a worrying development which was probably becoming more widespread.

Issues raised by the Leopardstown Heights Residents' Association in its appeal related to the scale of the proposed office development at 34,850 square metres (375,150 sq ft); its height, which would range from three to seven storeys; and the traffic implications.

Glencairn Developments Ltd, which bought the Leopardstown site in 1999, is run by two Galway businessmen, Mr Bernard Duffy and Mr John Lally, who had previously developed the Barnacles tourist hostels in Quay Street, Galway, and Temple Bar, Dublin.

Mr Lally did not return phone calls yesterday. Attempts to contact Mr Conway were also unsuccessful.

Members of the residents' association who countersigned the letter were uncontactable.

An Bord Pleanala said it could make no comment.

Frank McDonald

Frank McDonald

Frank McDonald, a contributor to The Irish Times, is the newspaper's former environment editor