Mayo County Council granted CPO of lands for Ballina Flood Relief Scheme

AN Coimisiún Pleanala has approved the Compulsory Purchase Order (CPO) for the acquisition of land for the development of the Ballina Flood Relief Scheme.

The approval of the CPO of lands required for the Ballina Flood Relief Scheme is one of the final hurdles Mayo County Council had to overcome to allow for the appointment of contractors in 2027.

An Coimisiún Pleanala approved planning for the Ballina Flood Relief Scheme in October and earlier this month, Minister of State for responsibility for the OPW, Kevin 'Boxer' Moran TD, visited Ballina to announce the commencing of the detailed design for the €55m Ballina Flood Relief Scheme.

The latest development enables Mayo County Council to acquire lands in the vicinity of the River Moy and its tributaries on a permanent and temporary basis for the purposes of the construction and maintenance of the Ballina Flood Relief Scheme.

Ballina has a long history of flooding events because of the River Moy’s high-water levels, in conjunction with inadequate conveyance capacities of the smaller stream/channels and associated culverts.

The works proposed include the construction of new flood walls, repairs to quay wall, culverts, embankments, cutting, pruning and bankside maintenance and other works. The overall scheme when complete will provide a standard of flood protection for the one in 100 year fluvial and the one in 200 year coastal flood events to a combined 297 properties within Ballina and its urban environs, of which 228 constitute existing residential properties.

Minister of State, Kevin 'Boxer' Moran recently visited Ballina to make announcement on Ballina Flood Relief Scheme

Six third party submissions were received in relation to the CPO of lands for the scheme and these concerns centred around sufficient justification, consideration of alternatives, loss of residential amenity / garden areas and privacy and disruption to access arrangements.

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In her report to An Coimisiún Pleanala, Fiona Fair, Senior Planning Inspector stated that the proposed scheme is strategic and will deliver flood protection to address an identified need in the CFRAMS [Catchment-based Flood Risk Assessment and Management] Study.

“The proposed scheme supports the growth of the town, making it a more attractive place for residents, workers and visitors and enhances the climate resilience of the town. In conclusion, it is clear that there is an obvious community need and justification for the proposed scheme which has been clearly demonstrated from a population growth and climate resilient perspective and in the interests of land use and flood risk management perspective,” she wrote.

While Ms Fair accepted that there will be an 'impact on the enjoyment of existing residential property' by the CPO of land, she noted that the Flood Relief Scheme will 'bring long – term benefits to the wider community and to all the property impacted'.

“I am satisfied that the proposed extent of land acquisition is reasonable and proportional to the stated purpose of the proposed scheme. I am also satisfied that the process and procedures undertaken by the applicant have been fair and reasonable and it has demonstrated the need for the lands and that all the lands being acquired are both necessary and suitable.

“I consider that the proposed acquisition of the lands would be justified by the exigencies of the common good and would be consistent with national, regional and county level planning policies and objectives,” she concluded in her report.

The Commission of An Coimisiún Pleanála confirmed the order to CPO the land without modifications stating that is a 'legitimate objective being pursued in the public interest', and that the CPO and its effects on the property rights of affected landowners are 'proportionate to that objective and justified by the exigencies of the common good'.