Council Briefs: A battle over rezoning ALSAA lands, a call for more refuges in Fingal, and giving owner-occupiers a shot at apartments

DAA vs Fingal

Last month, the High Court quashed Fingal County Council’s chosen zoning for some land at Dublin Airport, which they had set as “community infrastructure”.

At the council’s monthly meeting on 11 November, councillors were torn on whether to appeal the decision or not.

Councillors had voted to change the zoning – which used to be “Dublin Airport” – in the latest development plan for what are known as the ALSAA lands, in Toberbunny, next to the airport.

ALSAA, in its submission for the draft development plan back in May 2022, said its sports complex was a part of the area’s sporting and cultural fabric, and asked that the council zone it appropriately to maintain its current use.

DAA’s own submission said that the removal of the DA zoning would compromise its ability to provide and plan for transport-related infrastructure where it may be needed in the future.

At Monday’s meeting, Chief Executive Annmarie Farrelly recommended that the council doesn’t appeal the judgement. “On the basis that the future zoning of the land will require a decision of this council,” she said.

At the moment, the court ruling means the lands are unzoned.

Labour Councillor James Humphreys asked if it was possible for the chamber to seek an adjournment so they could take more time to consider the appeal, especially as this could mean the council might need to prepare a new version of the existing development plan.

Another adjournment was unlikely, Farrelly said.

In the judgement, councillors were criticised as having given personal and non-planning related contributions as they were drawing up the development plan.

Humphreys said the judge may have been a bit harsh in this respect. “Especially all of us who aren’t legally trained.”

He was concerned that this is the standard councillors would need to adhere to in debates on future development plans too, he said. “I just have apprehensions about the precedent being set on how stringent we can be during a debate.”

Farrelly defended the development plan, saying, in her view, councillors, “put in place a strong development plan for this county with the proper considerations informing that”.

Eleven councillors were named in the judgement, said independent Councillor Jimmy Guerin.

It would be a pity not to appeal as 39 members voted in favour of the motion, Guerin said.

“But to vote that land [community infrastructure] a second time would have its own implications because it could be interpreted that the court said [community infrastructure] is not the appropriate judgement,” said Guerin.

Adjournments and appeals cost money, said Fianna Fáil Councillor Eoghan Butler. “I’ll be kinda agreeing with the chief executive that we leave this land as unzoned and it’ll come back to us.”

Director of Planning Matthew McAleese said the council executive would intend to bring a variation of the development plan before councillors.

But the change to a “community infrastructure” zoning was considered to be valid, he said. “And can be considered again in any variation that would be brought back before yous at a later date.”

Sinn Féin Councillor Ann Graves tabled a motion in support of appealing the ruling.

The decision to zone the land is made by the council, she said. “If we decide to go for the same zoning, who’s to say there won’t be another case and we’ll end up back in the same place.”

Councillors ultimately voted against her motion, with 9 supporting an appeal, while 26 opposed it and one abstained.

A call for more refuges

Fingal needs to provide much more accommodation to survivors of domestic violence, said Solidarity Councillor Ruth Coppinger at Monday’s full council meeting.

She tabled a motion asking the council’s chief executive to help the county’s only existing refuge by giving it funding to grow. The council should also help establish more refuges across the county, she said.

Sonas in Blanchardstown is the only refuge in Fingal, and it has had to turn away up to 500 people every year, she said.

Staff in Sonas had told Coppinger that they had been attempting to get the funds to build four more apartments since 2019, she said.

Sonas has eight apartments at the moment, which are for eligible people on the social housing list, she said. “I was a bit surprised to discover that the council only gives Sonas €543 per unit [annually].”

This kind of social housing is used by multiple families a year, and more money should be provided, she said. “They are scrounging around, left right and centre, all different places for funds.”

The Department of Justice set up Cuan, a new agency for survivors of domestic, sexual and gender based violence, back in February. But that hasn’t made that process of securing funds any quicker, she said.

Coppinger’s motion, and a similar one introduced by Labour Councillor Brian McDonagh, the Mayor, proposed that the council increase Sonas’ capacity by supporting a Capital Assistance Scheme (CAS) application for more apartments.

CAS is a route for grant funding from central government for approved housing bodies building homes for specific in-need groups, such as the elderly, disabled and homeless people.

Coppinger also requested that the council consider funding for Sonas so it can recruit a resettlement officer for those exiting refuge, and that they work with state agencies to set up more refuges elsewhere in Fingal, her motion said.

There aren’t any safe houses in Fingal for those who are fleeing domestic violence, she said. “Many other boroughs in the country do have them.”

Paul Carroll, Fingal’s interim director of services in the Housing and Community Development Department said, in a report, that the council is currently working with Aoibhneas to deliver a refuge in Balbriggan.

This will have 13 apartments, he said. They are preparing a Part 8 planning application, said Carroll, but they would also welcome discussions with Sonas regarding a CAS application.

Funding staff isn’t under the council’s remit as it is centrally funded, Carroll said.

The Aoibhneas proposal is due to be brought before councillors for them to vote on in the first quarter of 2025, he said.

Councillors agreed the two motions.

Giving owner-occupiers a shot at apartments

Entire apartment complexes in Fingal shouldn’t be sold to a single buyer to rent out, said Green Party Councillor David Healy at Monday’s monthly meeting.

At least, not those that aren’t built expressly as build-to-rent, he said.

He put forward a motion calling for a report on a proposed variation to the Fingal development plan, that would mean planning decisions could dictate that a certain number of apartments in such cases had to be offered for sale to the public.

This would be somewhat similar to the guidelines published by the Department of Housing to stop bulk-buying of houses and duplexes, Healy said at the meeting. “That is that [developers] cannot put them all into a rental situation straight off.”

In July, Healy had written to the Minister for Housing, Darragh O’Brien, to say that people in his area of Howth-Malahide wanted to downsize and buy apartments.

But developments of late in the area had been “rental-only”, he said.

Developers may finance some complexes by pre-selling the entire thing to an institutional landlord, he said.

“However, it is the case that many apartment developments are being developed without pre-financing by a future landlord,” he said.

He pointed to two developments in the Howth-Malahide area that are currently being built – Techrete and Baily Court.

Marlet is developing those, he said, and hasn’t decided yet whether they’re going to sell the apartments individually or they’ll be to rent.

Thirty-two councillors voted in support of Healy’s request that the Chief Executive do up a report, as the first step in a possible variation, with no opposition or absentions.