LIMERICK Race Company has claimed there are legal problems with City Hall’s decision to grant permission for a development of 26 houses at the old racecourse in Greenpark.
Builders MA Ryan had originally planned to have over 50 houses on the site they purchased from the race company but are now set to build a smaller estate after permission was granted by the City Council in November.
But the Race Company has now stepped into the fray, lodging an appeal with An Bord Pleanala which claims that the development as granted breaches a contract for the sale of lands to MA Ryan and would hinder any future plans to develop lands it has retained at the old racecourse.
The company has also joined local residents in claiming the proposed access to the development through Greenpark Avenue - a cul-de-sac off South Circular Road - is too narrow.
According to documents lodged with the planning appeals board, the contract of sale between Limerick Race Company and MA Ryan provided for access through the Ryan lands further west into the old racecourse to lands still held by the Race Company. They claim that permission as granted by Limerick City Council means the proposed new estate would be laid out in such a way as to make this impossible.
“It is clear that the permission applied for cannot be built as it fundamentally conflicts with wayleave and access rights to the former Limerick Racecourse at Greenpark. The access proposals in that respect were contractual obligations in our view and also offered significant urban design and access benefits,” consultants for the Race Company state.
Meanwhile, a Greenpark Avenue couple has argued that access through their road should never have been permitted in the first place. They highlighted previous planning applications for the old racecourse where the City Council had “insisted that there was to be no vehicular access to the development off Greenpark Avenue”.
The road was so narrow, they said, that bin lorries could not turn and had to reverse back along the avenue when finished, holding up traffic for 10 minutes or more.
“How a statement that the addition of traffic from another 25 dwellings to the existing inadequate avenue will be negligible defies belief,” they state of a report lodged on behalf of MA Ryan.
City planners had described improvements to the road infrastructure around Greenpark Avenue proposed by the developers as “acceptable”.