A FIVE-year extension for the construction of 20 houses and 24 apartments as ‘Phase 3’ of the Rosehill estate has been approved by Kilkenny County Council.
The council has given its approval to the applicants John and Elaine Barry for an extension of duration of planning permission for the development at Maidenhill off the Kells Road in the city.
Phase 1 of the development comprised 100 houses and Phase 2 included 25 dwellings, according to the planning file. Planning permission for Phase 3 was originally granted in January 2007 and expired in January 2012.
The planning file notes that “a letter from the Rosehill Residents Association was submitted to this file raising an issue in relation to the legal interest of the applicant in the file. ... The applicant has indicated that they were the full owners of the site prior to the sale of part of the site to Kilkenny County Council. The applicants are still part-owners of the subject site.”
A statement by the council, printed in the Kilkenny People in January, stated that the Rosehill Residents Association had made an application for a planning injunction in the Circuit Court in November 2011 against the developers Castlelands Construction, Hallmark Building and Civil Engineering Ltd, and landowners John and Elaine Barry.
“This related to restraining the developers from undertaking unauthorised works, seeking compliance with the terms of the existing planning permissions and completion of the roads, services and common areas of the Rosehill Estate,” the statement read. “On 20th December, 2011 Kilkenny County Council was formally joined as a co-respondent in these proceedings. These proceedings have been adjourned to 23rd March, 2012.”
The council’s director of services John McCormack said last week, however, that in relation to the court proceedings he was “not aware of the present position.”
In granting the additional five years for Phase 3 of the development, the planners noted that they took into consideration the “substantial” work that has been done on that phase of the development since construction began in March 2011.
“With a recover in the housing market it is expected that all works will be completed by 15 January 2017,” a letter on behalf of the applicants states in the planning file.