Dublin Homes Demolition: 28 Properties at Risk
Waterford Housing Development Faces Demolition Threat Over Planning Dispute
A 28-unit housing development in Co Waterford, intended as social housing for Waterford City and County council, is facing a potential demolition order due to a dispute over finished floor levels, the High Court has heard.
Cosmo Development Kilmeaden Ltd, the developer behind the project in Kilmeaden, is challenging an enforcement order issued by the council in May. The order deems the development an unauthorised development, claiming the dwellings are situated three to four metres higher than permitted.
Lawyers for Cosmo Development deny this assertion, arguing that compliance with the council’s order would necessitate the demolition of the houses, extensive excavation of thousands of truckloads of material, and the subsequent reconstruction of the homes at a lower level.
The core of the dispute lies in the interpretation of the development’s grant of planning permission, specifically concerning the finished floor levels – the elevation of a building’s floor after all flooring materials are installed. The council’s enforcement order states that the floor levels of the units under construction do not align with the planning permission when measured against a temporary benchmark established on the construction site.
Cosmo Development contends that the original planning submission, compiled by an external architecture firm, mistakenly omitted a crucial reference point – either a temporary local benchmark or an Ordnance Survey Ireland (OSI) datum point, which serves as the national standard for measurements.
The developer claims the temporary benchmark referenced in the enforcement order was introduced “arbitrarily and without any description” by the architecture firm in a compliance submission after planning permission had already been granted. Cosmo Development argues that the retrospective use of this benchmark amounts to the imposition of a “new level regime” after permission was secured.
The planning permission for the development was initially granted in April 2022 to a previous owner of the site. Cosmo Development’s position is that the planning permission intended for the houses to be constructed “relative to the existing topography,” rather than requiring notable excavations to be built below the existing ground level.
The developer is seeking to have the enforcement order quashed, citing, among other reasons, a mistaken interpretation of the grant of planning permission by the council.
During a High Court hearing, barrister John Kenny, representing Cosmo Development, highlighted the project’s role in providing social housing for Waterford City and County Council. Mr Justice David Holland has permitted Cosmo Development to initiate judicial review proceedings against the council and has granted a temporary pause to the enforcement order, which will remain in effect until the case returns to court later this month.