Planning board confirms CPO to allow completion of flood defence
Westmeath County Council has cleared the final hurdle for the completion of works on Deerpark section of the Athlone Flood Defence Scheme with the news this week that An Bord Pleanála has confirmed a Compulsory Purchase Order (CPO) for the acquisition of lands at Deerpark.
The proposed works for the Athlone Flood Alleviation Scheme - Flood Cell 1 Deerpark, is part of works which are currently underway on both sides of the river, comprising what are described as 8 flood cells, to defend the built-up area of Athlone town from flooding.
The section of the scheme to which the CPO relates is a segment of one of those cells, close to the River Shannon, on its western bank. All lands subject to the CPO are in the townland of Athlone and Bigmeadow.
Westmeath County Council published the Compulsory Purchase (Number 2) 2023 in May. The local authority sought to acquire compulsorily seven plots of land in the townland of Athlone and Big Meadow. and permanent wayleave rights over two plots.
Three objections to the proposed CPO were received, from Eastshore Developments Ltd.,Westshore Developments Ltd., and Bastion Quay Management Company Ltd., with the latter highlighting an “increased security risk” to Bastion Quay due to the top of the proposed new wall being conductive to members of the public “climbing and accessing Bastion Quay when the demountable flood defence is not in place.”
The submission from Bastion Quay Management Company Ltd., also said the property owners in the area believe that “less land would have been sufficient” to complete the works and added that they are “not clear” that the flood defence works that are being proposed will be “fit for purpose.”
Other areas highlighted by Bastion Quay Management Company Ltd. related to what they said was a lack of clarity in relation to the finish of the proposed new wall, and also its height and width; the retention of the pedestrian access point from Bastion Quay to the walkway; the location and storage of the demountable pieces when not in use and the footpath/cycle path in the vicinity of the wall.
The submissions from the two other objectors, Eastshore Developments Ltd., and Westshore Developments Ltd., were substantially similar and said it was “a fundamental requirement” before a CPO is proceeded with that the parties to “try to secure the land voluntarily.” They argued that it was both premature and ultra vires (beyond the powers) of Westmeath County Council to proceed to acquire the lands by CPO when a mediation process had still not concluded.
They also argued that the necessary procedures comprised in the Habitats Directive were not complied with.
They said the proposed compulsory acquisition was "disproportionate" because it would render it "impossible to carry out the existing and permitted development on their land that is now substantially complete".
The Inspector's Report recommended that An Bord Pleanála confirm the CPO on the basis that it would serve the community need and provide long-term protection to local residents from severe flood events in the Deerpark area of Athlone and would enhance the areas and provide a safe living environment. The report also stated that the design response had been “appropriately tailored” to the identified need.
Having considered the objections, the submissions, the report of the Inspector and the purpose of the CPO, Athlone An Bord Pleanála confirmed the CPO without modifications.