Another Objection: Adjacent to Swan River

This concerns the Swan River which is the stream that runs from the swampy land behind the estates (where the "pond" will be) between Canterbrook and Balreask Manor. It especially affects residents who back onto the stream.

Mr Molloy did not fulfil his obligations to the planning permission, and could still be brought back to complete what he was supposed to do. However to access the river/ culvert, he would require a "wayleave" through all the houses that back onto the stream. As far as we know, this is not part of the conditions of sale for any of the houses, and might be a very useful bargaining chip to force Molloy and his partners to make concessions on the development on the LAP3 lands.

Further information:

Planning Ref: 99/2617

Further Information Requirements

3) The Planning Authority also note from visual inspection of the application site that the existing watercourse, the Swan River, which runs the entire length of the northern boundary has been piped without planning permission. You are requested to submit your revised proposals to regularise this matter, as part of the current planning application, inclusive of longsections, pipe sizes, etc. You are also requested to clarify calculation sheets of the proposed pipe to demonstrate the adequacy of the apparent 1050 mm diameter pipe to accommodate the open channel. You are also requested to submit the written consent of he Office of Public Works Drainage Division to the works proposed.

4) It is also noted that this 1050 mm diameter pipe will run through the cartilage of 27 no. dwellings. You are requested to indicate to the Planning Authority whether or not a wayleave was included as a legal burden on the sale of each of these dwellings, the width of such a wayleave and in the absence of such a wayleave having been included as a condition of sale, your proposals for the maintenance of this surface water sewer.

The expert is Mark Byrne at markjoebyrne@eircom.net . Here are some of his clarifications:

If a wayleave exists through the said properties and at some point in the furure Mr. Molloy is tasked with upgrading same he will have the right to enter these properties to carry out the work, although he will have to make good on the reinstatements etc.

Should a wayleave not exist (and it certainly doesn't on my site folio plan) then he will have to contact each householder and try to invoke a clause contained within my own conveyancing contract (and I'm advised by my solicitor that this clause is standard on all house buying contracts in this country)which provides for the developer being allowed to enter the properties for a period of 21 years after sale to allow for the installation and maintenance of pipes, cables etc. This came as a surprise to me some five years ago when the developer in Canterbrook sought to "T" into the Swan River culvert in my rear garden. This is the case on paper however the reality is that he would have to "do a deal" with each householder in order to carry out this work.