EXPLAINER: The curious case of the Tipperary IPAS centre and false social media claims

Sinn Féin councillor Annemarie Ryan has said she has been made aware of a development to convert a former function room in Tipperary Town into temporary accommodation for asylum seekers.

In a post on social media, Cllr Ryan said in response to the refugee crisis, and certain cases, some developments do not require planning permission.

She said this is the case here and the developer is not required to meet other standards in relation to size and fire regulations.

However, she also said: “I have heard, however, that the owner has stated that this development is not going ahead. Moving vulnerable people into socially deprived areas has shown to be a recipe for disaster, those who suffer are those most vulnerable and those most in need of our help. To allow a development like this to happen is a direct result of appalling FF/FG Government policy; it lines the pockets of unscrupulous developers, and makes money out of people’s misfortune by placing people in disadvantaged areas and substandard accommodation.

“Please, direct your anger at the Government party, the policy-makers, not those seeking refuge, nor those trying to help them.”

The claim was also posted on the No to Dundrum IPAS Centre page on Facebook who claimed Tipperary County Council had granted permission for the centre to proceed. Typically, arrangements for the housing of asylum seekers are the remit of the Department of Children, Equality, Disability, Integration and Youth.

Tipperary County Council have previously said they do not have a role in the housing of asylum seekers.

The Nationalist has contacted the Department of Children, Equality, Disability, Integration and Youth for comment but none was available at the time of publishing.

Cllr Ryan received a response on Friday from the Community Engagement Team at the Department who said they are not looking at the property and there is no offer of accommodation.

The claims are based on a document published through the Tipperary County Council website last week.

The proposed development was for the conversion of the interior of the function room to an estimated 15+ bedrooms with kitchenette, dining and recreation area.

The document is a completed application for a Section 5 Declaration for the function room of the Times Motel in Tipperary Town.

A Section 5 declaration is an application to declare that a property is exempt from planning permission and was granted on August 8 this year.

The Nationalist examined the document and in it, the applicant references a Section 57 application.

A Section 57 application is one to determine if the proposed changes to the building have a material impact on the character of the building. And in this case, Tipperary County Council determined that they did not.

The council also looked at the provisions for the change of use of the building for the accommodation of International Protection Applicants, Class 20F.
They determined there was no evidence that this was being done on behalf of the Minister.

So, that part of the act did not apply. However, they did say the reference to IPAS could be taken as a reference to protected persons under Class 14h. This means it could be used for other people considered protected persons and is not specific to asylum seekers.
But they do say it refers to a change of use and not the development itself.

In their determination, according to the document, Tipperary County Council said: “Advice Note: The applicant is advised that this Section 5 Declaration is limited to the works referred to under the application i.e. internal partitions, provision of kitchen, dining and recreation area repainting and re-glazing.

“The applicant is further advised that the reference to IPAs above shall be construed as a reference to protected persons as per the definition contained in Article 5 of the Planning and Development Regulations 2001 as amended.”

So, will there be an IPAS centre?

No, Tipperary County Council has not approved an IPAS centre for Tipperary Town.

The application was to determine if the proposed changes met the criteria for a development exempt from planning permission and for change of use.

The council determined that under the criteria set out in the Planning and Development Act 2000 and the recent amendments for asylum seeker accommodation in this case, the development met the criteria.

Tipperary County Council has no role in approving or refusing accommodation for asylum seekers.

Such agreements are between property owners and the Department of Children, Equality, Disability, Integration and Youth. In this case, there is no such agreement.

Written by Shannon Sweeney