Residents in Tullamore area fuming over new gated laneway to rear of properties

RESIDENTS living along the Sragh and Castle View roads in Tullamore are fuming over a decision by Offaly County Council to grant permission for a gated laneway to the rear of their homes.

The laneway is to facilitate the recently revamped Lock House View housing estate which backs onto properties along Sragh and Castle View.

What has raised the hackles of the residents is that the laneway was installed in advance of Decan Ltd, seeking planning approval. In addition they say Decan made no effort to communicate with them at any stage of the process and that the work took place out of hours with lights flashing from equipment into their houses.

Prior to the granting of permission, Offaly County Council issued an enforcement order on Decan and its directors requiring immediate cessation of works and the reinstatement of the site.

Below shows lights which flashed on and off at 7.15am in the morning 

Background

In June 2021 the entire Lock House View estate was auctioned off, and many of the tenants renting their houses had to move out and find alternative accommodation.

The houses have since undergone renovations and been made more energy efficient with solar panels added. As part of the upgrade works, Decan Limited applied to Offaly county Council for a privately controlled, gated, service laneway, with new rear boundary walls including fire access gateways to the rear of houses and the installation of support pillars to the original shared rear boundary walls of some of the units. The application said it would involve the partial demolition and minor alterations of rear boundary walls to the existing properties at Lock House View.

However, the works had already started before the application was made.

Offaly County Council granted planning permission on June 2 last. It was appealed by the Sragh Road and Castle View residents on June 29.

The residents of Sragh and Castle View roads, maintain there was no need for any laneway as access to the back of Lock House View could be gained through gates at the gable end of each house.

The council received a number of submissions from the Sragh Road and Castleview residents expressing concerns regarding security, the potential for anti-social behaviour, and the devaluation of properties as a result of the laneway being installed.

They were also furious that at the time of the application the laneway was already in existence. Furthermore there were claims that the newly erected boundary wall was causing cracks to appear in many of their walls.

One submission stated: ''The development is stated to be a private gated service lane, however the road filling raised the ground level by 18/22 inches and removes all privacy for the residents of Sragh and Castle View as the original boundary wall is now too low making it easy to look into the rear of their gardens. It continues, ''this boundary wall is approximately 160 meters long and has no support pillars on the Sragh road and Castle View side. The developers, Decan Ltd operating through Tower Construction, built half pillars on the development side only, leaving damage to the boundary wall and a safety risk to residents.

This unauthorised road has already been used by HGV’s [Heavy Goods Vehicles] and there are only inches to spare such is the narrow and unsuitability of the width of the development...''

Another submission said: ''The wall at the rear of the homes is badly constricted with no proper piers to support the wall. We are paying local property tax which was increased by 15% by Offaly County Council last year 2022,'' said one submission.

A further submission contended; ''this new roadway has been constructed under the pretence of health and safety for the residents of Lock House View. The developer did not consider the health and safety needs of the Rahan Road Residents where this roadway has opened up access to our properties which did not exist prior to these unnecessary works being carried out. ''

The residents are being supported by independent Councillor Sean O'Brien who submitted that ''there has been serious distress caused to the residents of this area for some time in relation to the development. To grant retention permission will send out a signal that residents in any development do not have rights and that developers can simply do as they wish and have a right to retention once the development is completed.''

He said,''granting retention planning permission for an unauthorised development would set a dangerous precedent by rewarding non-compliance with planning regulations.''

A submission from Sean Lucy & Associates Ltd, on behalf of the residents, said, ''the development will do nothing to serve the residents/homeowners within Lock House View nor will it provide any benefit over and above that which was already in place, the proposed development benefits only the applicant and the applicant's agents who will no longer have to seek permission to access rear garden areas from those who live in the estate. This is a very short-sighted development which fails to consider the longer-term residence within Lock House View estate.''

In reaching the decision Executive Planner with Offaly County Council, Ed Kelly said, he noted that,''the proposal does provide an unsupervised space to the rear of the existing houses, however I note that this is secured via six foot high locked gates and a locked door. ''

Regarding claims that boundary walls on the Sragh, Castleview houses were damaged, Mr Kelly said ''The submissions include allegations of damage to shared boundaries. I consider this a civil law matter. ''

The application was allowed to proceed under a number of conditions.

Among them was that ''any damage to roads, footpaths, or other public property caused by the development shall be made good to the satisfaction of the district engineer.''

The case is due to be decided by An Bord Pleanala by November 1 next.