An Bord Pleanála approves compulsory acquisition of vacant cottage in rural Carlow

An Bord Pleánala has approved the compulsory acquisition of a vacant home in Co. Carlow despite a number of objections, including from one from a man who is claiming adverse possession of the property.

Carlow County Council began the process to acquire the single-storey cottage at Ballyvergal, Palatine last summer and the matter was subsequently referred to An Bord Pleánala for adjudication.

In his report, which has just been published, planning inspector Peter Nelson said the property was vacant and in a state of disrepair when he visited the site last October.

"The dwelling had no front door or windows, the roof was missing many tiles, and a section of the roof was falling in. There is significant vegetation growing on and from the dwelling. The land surrounding the dwelling is overgrown, with no evidence of an entrance to the site. The property has not been occupied for many years," he wrote.

Carlow County Council received one submission from Seamus Meally who objected to the proposed acquisition.

According to Mr Nelson's report, he has made a Section 49 application claiming entitlement to the propertybased on adverse possession. He also claims he previously offered to buy the cottage and surrounding land more than 20 years ago but could not do so as the deeds were unavailable.

Mr Meally also submitted the Council’s claim has no validity in law and that he, as a beekeeper, has made an ecological contribution to the site.

In its submission, the housing department at Carlow County Council stated there is a housing need in the locality, given its proximity to Carlow Town.

The council added that the property will require substantial works, once acquired, but that it will be a "useful housing solution".

Recommending that the cottage and associated lands should be acquired, Mr Nelson stated: "I am satisfied that the process and procedures undertaken by Carlow County Council have been fair and reasonable, that the Carlow County Council has demonstrated the need for the lands and that all the lands being acquired are both necessary and suitable to facilitate the proportionate response to ensure that the remedying of its derelict state can be expedited."

He added: "Having regard to the observed condition of the application site, in particular the neglected, unsightly and objectionable state of the land and the structure thereon, I consider that the site detracts to a material degree from the amenity, character and appearance of land in the neighbourhood and is therefore a derelict site within the meaning of Section 3 of the Derelict Sites Act, 1990, as amended."

Members of the board, at a meeting earlier this month, formally granted the council's application.