The ask:

We hereby request all elected representatives of North Kildare to engage with the Department of Integration to ensure the Department immediately ceases its funding of a contract at Ryevale House, Leixlip on the basis that Kildare County Council has issued an Enforcement Notice to the owner and An Bord Pleanala has determined the change of use of the house, and certain associated works, do not have planning permission.

The history:

Since April 2023 the Department of Integration have contracted with the owner of Ryevale House (a protected structure in Leixlip, Co. Kildare) for the provision of Temporary Emergency Accommodation of International Protection Applicants.

In the period which followed much of the surrounding mature woodlands were removed and the impacts of this are still being felt today as more trees around the perimeter of the house continue to fall.

February 2023 - Ryevale Lawns Residents Association (RLRA) provided legal opinion from a highly regarded Barrister-at-Law demonstrating how use of the protected structure for the intended purpose fell outside the scope of any planning exemptions the Minister intended to rely on.

March 2023 - Kildare County Council (KCC) determined 'the change of use from a dwelling house to an accommodation centre for people seeking international protection IS development and IS NOT EXEMPTED development'

9 May 2023 - An application was submitted to KCC by the owner asking 'a) whether the use of the dwelling-house and coach house is or is not development and b) whether certain internal works is or is not development or is or is not exempted development'. This was referred to An Bord Pleanala (Case reference: RL09.317271)

10 May 2023 - KCC issued an Enforcement Notice requiring the owner to 'cease the unauthorised change of use of Ryevale House'

Since May 2023 the Minister and the Department have continually told the Residents Association they were relying on the opinion of a planning consultant employed by the owner, in so far as planning permission was not required, and would therefore await the outcome of An Bord Pleanala's decision.

An Bord Pleanala timeframe should be 6 months, however backlogs with this public body are well documented.

5 November 2024 - An Bord Pleanala determined that 'a) KCC's original Section 5 in March 2023 was upheld, and b) certain internal works IS development and IS NOT EXEMPTED development'

Why is this important?

Planning legislation exists for us all to observe, no more so in the case of our built heritage, which includes protected structures.

Where the statutory bodies responsible for planning enforcement determine a building does not have planning permission for its intended use, they cannot be undermined by a government department continuing to use taxpayers money to fund that unlawful use.

It is very important for everyone to be aware the sole motivating factor for challenging the Department is on the basis a single residential dwelling and protected structure is and never was suitable for the intended use as contracted and funded by the Department of Integration.

Our elected representatives must act to ensure planning legislation is observed and not undermined.