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Mayo County Council are to take action against businessman following several breaches of planning conditions.
Ballinrobe project in breach of planning
Emer Gallagher
A MAJOR development in Ballinrobe could be in jeopardy, following the developer’s failure to comply with a number of planning conditions. Mayo County Council has decided to take legal action over a development which is currently under construction at Cavanquarter, on the junction of The Neale and Clonbur roads, just outside the town. Well-known local businessman, John Cummins – who owns Cummins’s SuperValu supermarket in the town – received planning permission last year to build a supermarket, incorporating an off-licence, a medical centre, offices, public toilets and a coffee shop, at the 4.57-acre site, subject to a number of conditions imposed after an appeal to An Bord Pleanála. Building work began on the development in the last couple of months. However, Mayo County Secretary, John Condon, confirmed to The Mayo News yesterday (Monday) that the work is in breach of five or six of the conditions attached to the planning permission. “The development is in breach of a number of conditions,” said Mr Condon. “We are taking legal action on that basis.” The decision made by Mayo County Council on June 14, 2006 to grant permission for the development, subject to 36 conditions, was appealed to An Bord Pleanála by Neale Road residents and Ray and Imelda Hughes and by John Cummins. The original application sought planning permission for the demolition of a residential building and outbuilding and the construction of a supermarket with a sales area of 2,473 square metres. The original application also sought permission for five comparison goods stores along the eastern gable of the building facing onto The Neale Road. These stores were omitted as part of additional information submitted to the planning authority on April 4, 2006. The one residential unit sought above the medical centre in the original application to the authority was also omitted in the drawings sent to the planning authority on April 4, 2006. An Bord Plenála granted planning permission for the proposed development, based on 21 conditions. These conditions included the developer fully complying with the plans and particulars lodged with the planning authority as amended by the drawings received on April 4, April 13, and May 19, 2006 and reducing the overall length to 92 metres. Mr Condon said that any breach of planning conditions was a serious issue and a number of breaches together even more so. Work was continuing at the site yesterday (Monday). In order to continue construction at the Ballinrobe site, the developer may have to alter works that have already been carried out or he may have to carry out further works to comply with the planning permission. If it is not feasible for the development to comply with the conditions, an application may be made for retention. According to a sign at the site, the new supermarket is due to open in ‘Winter 2008’. A large Tesco store is also due to open, on the other side of town, in winter of this year.
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