Major update on vacant buildings in the heart of Kilkenny City

An Bord Pleanála have granted consent to Kilkenny County Council to compulsorily acquire a site on Father Hayden Road in Kilkenny City under Section 14/16 of the Derelict Sites Act, 1990.

The site includes two partially complete two-storey detached dwellings, located towards the western end, associated front and rear amenity spaces and access and circulation space.

The remainder of the site, towards the eastern end, comprises an open area. The overall subject property has a stated area of 0.11 hectares (1,100 sqm).

One submission (by and on behalf of the property owners) expressing objection to the proposed acquisition was submitted to Kilkenny County Council.

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That objection from the property owners was made on the grounds (according to the inspector's report) that "the lands and buildings are not derelict under the Act."

According to the inspector, "it was stated in the objection that the owner is an experienced contractor who carries out small works projects in Kilkenny" and that the "construction of the two houses has taken place in his spare time."

It is further acknowledged in that objection, according to the inspector that "progress has been slow at times but that it is reasonable to consider the effects of the impact of financial crises on the viability of the development."

Some of the other points raised in the objection include the availability of finance impacted the property owners’ cashflow; the impacts of the Covid-19 pandemic; the limited availability of the owners’ free time and the owners’ commitment to the completion of a quality development.

The inspector stated that the intension was, as stated in the objection, that "one of the houses will be used by the owners as a step-down dwelling to retirement and that the other will be used by their daughter" and that "there is a work and storage area on site to facilitate the construction."

According to a report compiled by an inspector following a site inspection, he noted that "having regard to the derelict, unsightly and objectionable condition of the subject property, it is considered that the site detracts to a material degree from the amenity, character and appearance of land in the neighbourhood and, therefore, comes within the definition of a derelict site as defined in Section 3 b) of the Derelict Sites Act, 1990, as amended, and that the acquisition of the site by the local authority is necessary in order to render the site non-derelict and to prevent it continuing to be a derelict site."

Further to that, the inspector stated that "the objection made cannot be sustained, having regard to that said necessity and that the compulsory acquisition and its effects on the property rights of affected landowners are proportionate to that objective and justified by the exigencies of the common good."

The planning inspector also noted that he was 'satisfied that the process and procedures undertaken by Kilkenny County Council have been fair and reasonable, that the local authority has demonstrated the need for the land to be acquired are both necessary and suitable to ensure that the lands do not continue to be a derelict site'. 

The inspector's report was considered at an An Bord Pleanála meeting held on September 11, 2024.

The board decided to grant consent to the compulsory acquisition, generally in accordance with the inspector's recommendations.

The rationale of the board was laid out as follows: "Having regard to the derelict, unsightly and objectionable condition of the subject property, and also:

(a) the constitutional and Convention protection afforded to property rights,
(b) the public interest, and,
(c) the provisions of Kilkenny City and County Development Plan 2021-2027

"It is considered that the site detracts to a material degree from the amenity, character and appearance of land in the neighbourhood and, therefore, comes within the definition of a derelict site as defined in Section 3 (b) of the Derelict Sites Act, 1990, as amended, and that the acquisition of the site by the local authority is necessary in order to render the site non-derelict and to prevent it continuing to be a derelict site.

"It is also considered that the objection made cannot be sustained, having regard to that said necessity and that the compulsory acquisition and its effects on the property rights of affected landowners are proportionate to that objective and justified by the exigencies of the common good."

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