An Coimisiún Pleanála has overruled one of its own inspectors to allow Kerry County Council acquire a derelict property in Tralee.
The owner of the property at Clash, had objected to the compulsory acquisition under the Derelict Sites Act, saying renovation would commence in the coming months.
An Coimisiún Pleanála’s inspector had recommended that the council allow the owner more time to address the dereliction.
The council applied to An Coimisiún Pleanála, formerly An Bórd Pleanála, to carry out a compulsory acquisition of the derelict property at Roncalli, Clash, Tralee.
Local authorities are afforded the power to do this under the Derelict Sites Act, but until the last couple of years, very few carried out such acquisitions to address dereliction.
The site includes a two-storey detached house, with around 0.05-hectares of curtilage around it, near the Coláiste Gleann Lí school on Clash Road.
The owner of the property objected to the acquisition.
He said he inherited the property and due to financial issues with the bank, could not commence work, but this has since been resolved.
He said renovation on the property will commence in the coming months, he had applied for the Vacant Homes Grant, while boundary issues have been resolved and clearing the site has commenced.
An Coimisiún’s inspector wrote that the acquisition of the site by the local authority is warranted in order to render the site non-derelict, and prevent it continuing to be derelict.
The inspector wrote, however, she considers the owner has made a reasonable effort to bring the property out of dereliction by way of applying for the Vacant Homes Grant, and should be afforded extra time to address dereliction.
She recommended a refusal of the compulsory acquisition application by Kerry County Council of this site.
However, the Commission has overruled its inspector and granted permission for the council to acquire the site.
The Commission wrote it’s not satisfied that the property owner’s application for a Vacant Homes Grant was sufficient grounds to refuse, and there was little to no evidence of any significant measures undertaken otherwise to address the ruinous, dangerous, neglected, and objectionable condition of the property.
