Planning commission overturns Athlone housing approval
A decision to grant planning approval for the construction of a new housing development at Magheranerla, Athlone has been overturned by An Coimisiún Pleanála.
Approval for the development of eight semi-detached and three terraced properties, at the end of a through road in the Crystal Village residential estate on the east side of the town, was granted by Westmeath County Council in December of last year.
However, a subsequent third-party appeal was submitted to An Coimisiún Pleanála, and the commission this month decided to reverse the local authority's original decision, despite its own inspector's report recommending the proposed development proceed.
Crystal Village is a cul-de-sac estate with 20 residential properties, close to Valley Court, and a planning application for the proposed housing development was submitted to the local authority by Rose Galvin in August 2025.
An appeal was lodged with An Coimisiún Pleanála by Crystal Village resident Evelyn Neylon. In her submission, the appellant outlined concerns which she believed would have a negative impact on the residents of Crystal Village.
She said the "density of housing far exceeds that of Crystal Village", adding that the conditions attached to the grant of permission "do not address the concerns of the appellant and those of the neighbouring properties in the vicinity".
The appellant stated that the proposed development would "have an adverse impact upon the residential amenity of properties in the area” and in particular, that of her own property.
She also contended that the "site layout plan is incorrect" and included part of her garden "as public open space". Her submission claimed that the applicant had not "undertaken any consultation" regarding the impact on the boundaries to her property and added that the proposed development "would impact upon the value of their property".
The appellant referred to one of the 20 conditions attached to Westmeath County Council's decision to grant planning permission which stated that “public open space, shall, in accordance with the scheme, be made available for the continuous use and enjoyment of the residents of the estate and shall not be sold”.
In this regard, the appellant stated that the space in which the proposed entrance was planned has been "maintained by residents for 30 years and is a communal area which is constantly used as an outdoor sitting and meeting area".
In recommending that the proposed development should proceed, the inspector's report submitted to An Coimisiún Pleanála stated that the proposed development is "acceptable in principle at this location".
The report said that the "scale, design and layout are consistent with the character of the surrounding area" and "would not seriously injure the residential or visual amenities of neighbouring properties".
The inspector's report also stated that the proposed development would not "depreciate the value of property in the vicinity" and would be "in accordance with the proper planning and sustainable development of the area".
However, despite the inspector's report recommendation, An Coimisiún Pleanála decided to refuse permission for the proposed development to proceed.
An Coimisiún Pleanála stated that it was "not satisfied" that the access to the proposed development "which crosses an open space" was not "over conditioned space". In urban planning, an conditioned space usually means a green area within a private development that local authorities legally protected so residents can use it.
In its decision, An Coimisiún Pleanála also considered that the quality of the private open space for proposed house numbers 5 to 8 "would not provide a high standard of residential amenity for future residents".
Furthermore, the Commission considered that there was a "lack of information in the application in relation to the retention and protection of trees on the site" and in its deliberations noted that a potential alternative access, west of the proposed entrance, "through the existing right of way to Bunnavally Road to the north" of the proposed site should be explored by the developer.