Galway City Council defends itself on Westside development as community protests at City Hall
Galway City Council has defended its record regarding the controversial student accommodation development under construction in Westside.
As a group of protestors picketed City Hall on Monday over the City Council’s handling of the student development in the shopping centre car park on Seamus Quirke Road, the local authority issued a statement defending its actions and outlining why it did not pursue a judicial review.
Westside Community Group claimed last week – and again during and after Monday’s protest – that the local authority had “failed” the Westside community by not legally challenging the grant of permission for the 240-bed high-rise student complex which remains under construction.
As reported in the Tribune last week, Galway City Council had objected to the original plans for the development, which An Bord Pleanála (now known as An Coimisúin Pleanála) granted planning permission.
A spokesperson for Westside Community Galway said that Galway City Council could have initiated a judicial review of that decision and sought to have it overturned legally.
But in its statement this week, the Council pointed out that Westside Community Galway did not lodge a judicial review either, “which was an option open to them”.
The Council also explained that it did not believe a judicial review would have been successful because ABP had “fulfilled their statutory requirements” when granting permission for the Strategic Housing Development, which ABP determined directly.
“The decision of An Bord Pleanála could not be appealed. The only available option at that time was to issue judicial review proceedings on the decision-making process.
“The decision-making process for the Westside Student Accommodation Development was underpinned in the Planning and Development (Housing) and Residential Tenancies Act 2016, and associated Planning and Development (Strategic Housing Development) Regulations 2017. Therefore, any judicial review challenge would likely be unsuccessful,” the Council said.
Westside Community Galway has consistently complained that the Council has not engaged with the community about their concerns.
In response, the Council this week said it had “no role in community engagement with respect to a planning application that has the benefit of planning permission”.
“However, on request, members of the Planning Department did facilitate a lengthy meeting with the Westside Community Group, and listened and responded as appropriate to the concerns raised during the course of the engagement. Information requested by the group at the meeting has subsequently uploaded to the planning file,” it said.
The Council added that it was “aware of the concerns of residents” and had met with the group and elected members about these.
Westside Community Galway has consistently insisted that the development was ‘unauthorised’ due to alleged non-compliance with three pre-commencement conditions of planning set out by ABP, including in relation to Uisce Éireann connections and agreements with the HSE over the UHG helicopter flight path.
In its statement, Galway City Council insisted that its Planning Enforcement Section, “has responded to and has investigated all complaints with regards to alleged unauthorised development on this site, and are satisfied that all relevant conditions have been discharged at this time, and there is no active enforcement file open on this site/development”.
Westside Community Galway, in a statement issued following the group’s protest at City Hall, said the “community will not be ignored or disheartened”.
The group confirmed it still intended to legally challenge the development on environmental grounds, including the city’s insufficient wastewater capacity.