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Ireland's political and cultural magazine
November/December 2020 23
T
HE RESIDENTS of a housin estate in
Ashbourne, County Meath, are
fihtin to retain the only open
space available to their children
after a decision by An Bord Pleanála
(ABP) to rant permission for three apartment
blocks on the land.
The Millbourne Residents Association
(MRA) has waged a stern campaign of resis
-
tance over more than a decade against devel-
oper, Michael Ryan, who wants to build apart-
ments on the last remaining green space in
the 280-house estate.
When they purchased homes in the estate,
residents assumed that the half-acre green
would remain as a play area for children. For
a decade, the developer, through his company
Rybo Partnership Ltd, has pursued plans for
housing on the land and has finally succeeded
at ABP in an appeal against the rejection of
his latest proposals by Meath County Coun
-
by Frank Connolly
Judicial review sought to overturn Bord Pleanála decision
cil. In February, his company erected a fence
around the green area provoking a protest by
residents.
The decision in September last by ABP to
reject the advice of its own inspector and the
appeal by residents to retain the only field
available to their children has baed the com
-
munity, local representatives, and their legal
and planning team.
Ryan came to prominence some years ago
after he was acquitted on charges of brib
-
ing Waterford Councillor, Fred Forsey, with a
€60,000 payment in return for zoning favours.
In 2015, the developer was also dragged
into a major controversy over the construc
-
tion by his company, Saltan Properties Ltd., of
apartments at Riverwalk Court in Ratoath after
owners discovered fire hazards and rotting
balconies, among other serious defects.
Meath County Council, which issued the fire
safety certificates for the homes built in 2002,
NEWS
Ashbourne residents
fight developer for
green space
The Green spce: Independent Councillor, Joe Bonner with Rob
Gillnder nd Json McCnn of Millbourne Residents Assocition
24 November/December 2020
has since granted Ryan further permissions to
build homes in the County.
Since 2004, residents have successfully
opposed three attempts by Rybo to construct
houses on the 0.5 acre acre strip of land, argu
-
ing that it is the only green area for children
and represents just 5% of the entire estate.
The Meath County Development Plan requires
that 15% of housing developments should
comprise of green and recreational space.
In its most recent application, Rybo and
its advisors, Future Analytics Consulting Ltd,
have sought permission for three, three-storey
blocks containing 30 apartments, as well as
parking and storage space on the land. After
an earlier application for housing on the site
was refused by ABP, Rybo was granted permis
-
sion to build a strip road which has allowed it
access to the site, thus facilitating its latest,
successful application.
In direct contradiction to the recommenda
-
tion of its inspector, APB deputy chairman,
Paul Hyde said:
“In deciding not to accept the Inspector’s
recommendations to refuse permission, the
Board was satisfied, having regard to the
range of amenities within close proximity of
the site, including the permitted linear park
to the east, neighbouring sports grounds to
the south and adjoining schools to the south,
that the proposed development on this resi
-
dential zoned site, which provides adequate
public space for the quantum of the develop
-
ment proposed, would not result in a lack of
public open space for the adjoining permitted
residential development which the Board con
-
sidered to be adequately served by the wider
range of existing amenities including as cited
above”.
According to the MRA, this observation is in
stark contrast with the realities on the ground
and is also in breach of the Meath Develop
-
ment Plan, despite the claim to the contrary by
An Bord Pleanála. The ABP conclusion is also
factually inaccurate, the residents argue.
“The linear park has been under develop
-
ment since 2003 and only one out of its seven
proposed zones has been completed and is lo
-
cated 900 metres from the Millbourne estate.
The neighbouring sports grounds and schools
referred to by the ABP are private properties
which are fenced o and inaccessible to the
children of Millbourne estate as open space”,
said Jason McCann of MRA.
“As a father of three young children I am
completely distraught by this; as a mortgage
holder I pay my taxes, I work hard. I feel at
the very least that an impartial planning body
should come up with the right decision. It is
shocking. Families here are completely disil
-
lusioned with the whole planning process.
All we want is somewhere for our children to
play”.
Indeed, ABP has previously refused devel
-
opment on the existing green area precisely
because it “would contravene the stated ob
-
jectives in the 2013-2019 Meath County De-
velopment Plan which seek a minimum rate
of public open space of 15% of the total site
area”.
Further, Meath County Council has
accepted the appeals of residents and
its Chief Executive, Jackie Maguire, has
said she supports a motion to be heard
by Councillors at their next meeting to
re-zone the green area for recreational
purposes.
The residents are also planning
to take judicial review proceedings
against the decision by ABP to allow
the Rybo apartment plan to proceed
and are raising money from residents
of the estate to fund the legal action.
Their advisors, Marston Planning
Consultancy, have also argued how
the proposal by Rybo “will result in the
denudation of the open space” and is
“contrary to the proper planning and
sustainable development of the area”.
Marston also submits that the reduc
-
tion of visitor parking for the existing
houses on the already narrow street
fronting the green area “will result in a
trac hazard”.
Future Analytics, the consultancy
firm which acts for Rybo and its owner,
Michael Ryan, made a submission to ABP in
support of his planning application and has
lobbied public ocials on his behalf. Ryan
has built relationships with local representa
-
tives including former Fine Gael TD and now
Senator Regina Doherty with whom he has
worked on local issues.
The advice centre of local independent
Councillor, Nick Killian, is also located in Riv
-
erwalk House, also built by Ryan, while Ash-
bourne Fine Gael Councillor, Alan Tobin, has
met with the developer and the Millbourne
residents on the contentious issue.
Local Independent Councillor, Joe Bonner,
has campaigned for the retention of the open
space and is concerned that the re-zoning of
the land for recreational use will be too late
to prevent the construction of the apartment
blocks.
“The decision of ABP is incomprehensible.
The board justifies it on the basis that there is
a housing shortage but does that mean people
can build anywhere they like? This is the most
obvious example of a lack of open space I have
ever come across. The site is also on a flood
plain.
In his submission to ABP, Mr Ryan main
-
tained that he had engaged with Councillors
and residents in relation to the issue. He cer
-
tainly has not engaged with me. People are
very upset. It is proposed to re-zone the land
in the development plan but there is already
a planning permission by ABP which allows
Rybo to proceed no matter what is decided
by the Council. If the judicial review fails, the
developer can build right away no matter what
happens”, Joe Bonner told Village.
Since 2004, residents have successfully opposed three
attempts by Rybo to construct houses on the 0.5 acre
acre strip of land, arguing that it is the only green area
for children and represents just 5% of the entire estate.
The Meath County Development Plan requires that 15%
of housing developments should comprise of green and
recreational space
