'Scar on the city': Council ordered to pay thousands to charity amid land dispute

One of the countries largest local authorities has been ordered to pay a disabled persons’ charity's costs after failing in a bid to compel it through a Compulsory Purchase Order to sell its land for housing.

An Coimisiún Pleanála, formerly An Bord Pleanála, has directed Limerick City and County Council to pay more than €22,000 of costs to the Irish Wheelchair Association (IWA) after the charity objected to the purchase.

The Limerick Leader / Limerick Live reports that the Council sought to buy the land, using a Compulsory Purchase Order (CPO), from the group, which supports people with physical disabilities to live active, equal and independent lives.

But the commission rejected the bid. The site, between Bishop Street and the Island Road just outside the city centre, was described by council executives as a “scar on the city” as things stand.

READ MORE: Celebrity chef Donal Skehan in hot water over paid promotions on Instagram

The local authority said it wanted to buy the land to allow it to build a new street and housing.

“And in the course of such development, to safeguard any remains of the walls of Limerick located at the site,” according to council executive planner James Griffin.

The site has lain idle since the demolition of St Mary’s Convent in the late 1990s.

Mr Griffin added: “The redevelopment of this underutilised urban site for residential use represents a strategic and efficient use of land within the existing built footprint of Limerick, contributing positively to the compact growth objectives of the Development Plan.”

Cliona Corry, an architect at the council added: “The site has the potential to provide much-needed inner-city housing. Such development would optimise current social infrastructure and resources, including the adjacent national school, the school of music, the King’s Island Community Centre and the Grove Island leisure centre providing growth”.

IWA, listed as the legal owners of the land, objected to the council’s bid, and an oral hearing took place.

The IWA argued that the CPO does not give details of the purpose of the scheme or the need for the public street.

READ MORE: ALERT: Popular chicken product removed from supermarket shelves amid salmonella fears

They pointed out that since the land came into its ownership, the charity has maintained, insured and protected it at its own expense.

“The IWA has entered into extensive negotiations to develop and/or sell the land for social housing and use the proceeds for its charitable work,” the charity’s statement to the hearing continued.

“Even if public social housing was provided on the land, it would only benefit the occupants of the housing and not the public at large, or be for charitable purposes,” they argued.

An Coimisiún Pleanála inspector Brendan Coyne recommended the acquisition of the land be approved.

He stated: “The acquisition of the lands under the CPO would serve a community need that advanced the common good. The particular land is suitable to meet that need.”

Coyne said the planned acquisition is “proportionate and necessary”, but he was overruled by the commission itself.

They suggested there are other methods to meet the community need for housing, without acquiring the land.

The CPO and its impact on the property rights of affected landowners would be “disproportionate”, they added.

They decided to annul council’s bid to buy the land.

They also considered an application by the IWA for recovery of their costs of appearing at the Comisiún Planála oral hearing - and the Comisiún decided to award them costs of €22,570.60.

The Limerick Leader / Limerick Live has clarified that it will be the council which will pay this.

IWA did not return a request for comment.

A spokesperson for Limerick City and County Council says it has “noted” the decision.