Objector failed to show at Warwick Hotel oral hearing

A Bord Pleanála oral hearing on plans to build a four-storey nursing home on the site of the former Warwick Hotel came to abrupt end last week, when the one objector to plans didn’t turn up.

City planners granted planning permission for the construction of a 60-bed nursing home to Sharon and Paul Conlon of Rushmany Nursing Home Ltd in July last year, but an appeal was lodged by Iura Matel, with an address in Dublin, shortly afterwards.

Planning Inspector Delores McCabe heard that the applicants had sought an oral hearing due to “concerns” over the identity of the appellant.

Mr Matel had claimed in his appeal that the proposed development represented excessive density on the site and exceeded density standards as set out in the City Development Plan.

The appeal argued that the site was inappropriate, given that it adjoins two-storey buildings, and its adjacency to the low-density Lenaboy Gardens estate to the rear.

At the hearing, following a roll call by Ms McCabe to check for the attendance of all parties to the appeal, it was established that Mr Matel was not present.

“Mr Matel doesn’t appear to be present and so I am going to close the hearing,” she said.

Legal counsel for the applicants, David Browne, said that they were concerned over the legitimacy of the appeal as Mr Matel’s name had been spelled differently on a three of documents submitted to the Board.

He said in a case where the appellant does not turn up to an oral hearing, there were grounds for the dismissal of an appeal.

“I would like to formally apply for the appeal to be withdrawn,” said Mr Browne, adding that both he and his clients, the Conlons, believed it to be “vexatious”.

Ms McCabe said Mr Browne’s request would be noted.

In files submitted by the project team, it is pointed out that Mr Matel had presented his passport as verification but that the signature on it was different to that on the appeal. In fact, there were four different signatures across the documentation.

“The various permutations of the appellant’s name do not appear on the Register of Electors in the area,” the project team stated.

“To date, the appellant has not provided proof that he has been residing at this address since the first submission to the Council in October 2017.”

Engineers for the project team sent two registered letters – on December 22, 2017 and June 29, 2018 – but both could not be delivered to the address given by Mr Matel.

Rushmany Nursing Home Ltd purchased the site of the former Warwick Hotel in 2015 for a figure believed to be in the region of €700,000 and the following year, secured planning permission for its demolition.

In October 2017, they applied for planning permission to Galway City Council for the construction of a nursing home on the three-quarter acre site – with surface car parking and a south-facing landscaped amenity area with outdoor seating.

However, planners ordered a redesign with a significant increase in the quantity and quality of open space.

Planners also cited concerns over fire safety and instructed designers to liaise with the Chief Fire Officer.

Planning was granted for the redesigned 3,888 square metre facility but was put on hold following an appeal to An Bord Pleanála.