Council refuses retention permission for controversial Tipperary housing scheme

Tipperary County Council has refused permission for retention and proposed alterations at the long-unoccupied Schoolhouse Row housing development in Portroe.

The decision relates to an application by Subgero Ltd concerning a 22-unit scheme originally granted planning permission in 2003 following an appeal to An Bord Pleanála.

The dwellings, which were constructed as two-storey semi-detached and terraced houses, were never occupied.

In the most recent application, Subgero Ltd sought: Retention permission for as-constructed surface water infrastructure, including attenuation tanks, pipework and manholes where they differ from the approved layout; Retention of footpaths within the green area; Retention of boundary screen walls to the sides and rear of houses 18–22 that vary from approved drawings; Permission for alterations to site development works, including increasing footpath and parking bay widths from 1.5 metres to 1.8 metres and revisions to lighting, roads and parking arrangements.

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The application was lodged in April 2025, with further information submitted on a number of dates later in the year.

In a decision issued in January 2026, Director of Services Brian Beck, acting under delegated authority, refused both retention permission and permission for the proposed alterations.

The first reason for refusal relates to what the council described as the absence of “clear, consistent and complete information” concerning the existing as-constructed surface water infrastructure.

The planning authority stated it was not satisfied that the infrastructure was adequate or appropriate to serve the residential development and concluded that the proposal would be contrary to the proper planning and sustainable development of the area.

The second reason concerns road safety and compliance with previously approved plans.

The council cited: Limitations in the information provided in respect of the proposed site alterations; Failure to demonstrate that site entrance arrangements could be implemented in accordance with the plans approved under the original permission; Failure to submit and agree proposals for traffic calming measures on the public roadway, as required under the parent permission.

The authority concluded that, if permitted, the development would endanger public safety by reason of traffic hazard or obstruction of road users and would set an undesirable precedent for similar development, contrary to the Tipperary County Development Plan 2022–2028.

The application attracted 52 valid submissions, along with additional follow-up correspondence in response to further information provided by the applicant.

Among those who made submissions was Alan Kelly, who raised concerns regarding structural integrity, drainage detail, sightlines, traffic calming and compliance with previous planning conditions.

In his response to the applicant’s further information, Deputy Kelly stated that no invasive structural assessment report had been provided for the dwellings, which have been exposed to weather conditions for approximately two decades. He also contended that insufficient engineering detail had been submitted in relation to drainage infrastructure and road construction standards.

Deputy Kelly further argued that required documentation had not been furnished in relation to sightline compliance, road safety audit requirements and traffic calming measures referenced in the original planning conditions.

Planning permission for the 22 houses was granted in 2003 following an appeal to An Bord Pleanála. An application to extend the duration of that permission was refused in 2009.

In correspondence accompanying the current application, the applicant stated that the purpose of the proposal was to facilitate completion of what was described as a substantially complete development.

With the refusal now issued, the status of the unfinished scheme remains unresolved.