Barna Bypass - 20% complete

Sponge Bob

3 non national Bypass projects are being strongly considered in Galway . These are Claregalway , Athenry and Barna .

I am delighted to inform everyone that around 20% of the Barna bypass has now been completed and opened to traffic already .

We could be quite a long time waiting for any of the rest of it to be done Compared to Claregalway and Galway itself it simply ain't a priority ....it is just rather surprising that Frank Fahey took no credit for it ( yet) .

MayoForSam

I don't see any sign of a 20%-completed bypass anywhere near Barna?

A bypass is either 100% completed or it doesn't exist.

Barna will get sorted out by the outer city bypass anyway (if that ever gets built).

Sponge Bob

Tis , about 100m north of the 12 a road is now open to the west , that is part of the projected R336 barna bypass ...accounting for 20-25% of the proposed bypass.

You are talking about the other Barna bypass further north

ceepeedee

Is that 20%-of-a-bypass 100 metres north of the 12 the same road that goes through the middle of a new housing estate?

nordydan

Anything to do with this?

big b

Sponge Bob wrote: »

Tis , about 100m north of the 12 a road is now open to the west , that is part of the projected R336 barna bypass ...accounting for 20-25% of the proposed bypass.

I'll have a look at the weekend.
Like Bob, can't believe someone hasn't been blowing their own trumpet about this!

Bob, does this new bit of road link up to the back road above the golf course?(the one we all used when barna roadworks were at their worst!)
If not, is there a map showing where the new road ties into existing ones?

ceepeedee

And I noticed Frank Fahey's sign at the Cappagh Road roundabout has reappeared today... When will we see him out there with a spade and a hard hat?

Sponge Bob

nordydan wrote: »

Anything to do with this?

Nope.

The Barna Bypass is a separate project to the all new R336 which T's off the end of the Galway Bypass ( 1 mile west of Barna) and heads west from there to Rossaveal. It is not a continuation of the Barna Bypass which will end about a mile east of it .

The route of the full bypass is showing in the Barna Local Area Plan as a dashed black line . Mentioned here 3 years back .

RESIDENTS of a popular Galway seaside resort have said they now fear for their children's safety, following the approval of a highly controversial bypass through the area.

Galway County Council last week gave the go-ahead for the contentious 'relief road', which is aimed at reducing the amount of traffic through the village of Barna. However, the Pobal Bearna Community Group is vehemently opposed to the plan, and insists the road will become a high-speed commuter route and pose a serious threat to pedestrians in the area.

"The road will be running through a number of new housing estates full of young families and children, " said Sean Murray, PRO for Pobal Bearna. "The council's application has no provision for pedestrian crossings or traffic calming of any sort. They have said that one of the junctions will be 'monitored for increased traffic volumes and accident history'. I would call that a 'maim and kill' clause."

Murray said that, at a recent meeting of Barna residents, the "vast majority of people were totally against the road for safety reasons."

Locals are also concerned that access to the village will now be severely restricted, as three points of access will be reduced to just one.

"We are totally dismayed with the manner in which this decision was made, because it did not reflect the wishes of the people, " said Murray.

"The council made their decision one day after the closing date for submissions, which gave them 24 hours to process 61 submissions from Barna residents. We find that very worrying, and we are considering all options available to us now."

At the county council meeting at which the road was approved, senior planner Catherine McConnell said that the relief road would be used in the short term for commuter traffic but that it would eventually become a village road.

Sponge Bob

The completed section of the Barna Bypass is now marked on Open Street Map ( low down left to right). A fine piece of S2 it is and all.

Does anybody know what this road is classified as in the Interim period before it becomes the R336 when completed . I assume it has an LT or LS designation and not an LP designation.

Sponge Bob

The incomplete Barna Bypass ended up in the High Court today. O Malley Construction were tapped for a sizeable development levy for the project around 6 or 7 years ago I should think.

The 20% that was built was not built by the council but by Nexus ( when they built the Hawthorns Estate IIRC) and maybe the council funded a few metres north of the 12 Hotel so it _went_ somewhere as part of the sewage scheme.

Therefore O Malley took Galway County Council to the High Court looking for their levy back seeing as the council was evidently not using it for its stated purpose. And they won today with a judgement for €1m in their favour and a right royal headache for any other Local Authority sitting on a pool of unused development levies.

I can see a lot of road stubs to nowhere being built over the next few years I can, cue a bit of Clarinbridge Bypass and Moycullen Innner relief Road and what you will.

I'll post some more data up on the judgement when I get it.

veryangryman

Sponge Bob wrote: »

The incomplete Barna Bypass ended up in the High Court today. O Malley Construction were tapped for a sizeable development levy for the project around 6 or 7 years ago I should think.

The 20% that was built was not built by the council but by Nexus ( when they built the Hawthorns Estate IIRC) and maybe the council funded a few metres north of the 12 Hotel so it _went_ somewhere as part of the sewage scheme.

Therefore O Malley took Galway County Council to the High Court looking for their levy back seeing as the council was evidently not using it for its stated purpose. And they won today with a judgement for €1m in their favour and a right royal headache for any other Local Authority sitting on a pool of unused development levies.

I can see a lot of road stubs to nowhere being built over the next few years I can, cue a bit of Clarinbridge Bypass and Moycullen Innner relief Road and what you will.

I'll post some more data up on the judgement when I get it.

Journey of a million miles starts with a single step. Im happy to see progress of any description here

Sponge Bob

http://www.galwaynews.ie/21576-council-ordered-pay-back-%E2%82%AC1m-builders

The Judge held that as the bypass was not completed the Council was "not entitled to require the developer to make a contribution to works that ultimately did not benefit the company's development." If that were the law, he added, then "it would be tantamount to saying the council enjoyed a taxation power."

Essentially NONE of the monies levied for the bypass were spent on the bypass. The council probably figured (correctly in 2004 and 2005) that they would get land for it by enforcement of future planning conditions and that having assembled the land, applied a few CPOs and tapped a few more builders for levies they would be able to build the rest of it.

They bypassed much of Athenry this way in recent years...except they built that road.

The company paid €1.1 million as a contribution towards construction of a 2.7km bypass of the village of Barna but just 460 metres of the bypass has been constructed. The council argued that the proposed carriageway was 1.7km with the extra 1km made up of roundabouts and slip roads.

That is a damn weak argument by the council. There is perhaps 1.7km of LANES not Road if you also count the Trusky West road widening on land given over by O'Malley. Other than the 'Nexus' carriageway section (Nexus made a number of dev contributions itself and the liquidator will have his beady eye on this judgement I'll wager) the council only built around 100m of carriageway inself around sewage scheme time. I'm dashed if I can find a roundabout anywhere either....did they lie to the High Court one wonders???

Hopefully the mods will forgive me for the rounding error in the thread title in view of the following! :cool:

In the eight years since planning permission was granted, the company claimed just 17%, or 460 metres, of the road to the north of Barna had been constructed. As a result the company sought the bulk of its' payment back.

This is the bit that will have every local authority in Ireland crapping itself.

There isn't a council in Ireland that does not have a carefully guarded pool of assembled dev levies for a bypass or sewage scheme extension somewhere.

In addition to the €1.1 million contribution, O'Malley Construction paid the Council an additional €100,000 as a goodwill gesture and also wanted that back. In his judgment, Mr Justice Hogan said the council had seven years to build the by pass. As this had not occurred the Council's requirement for a planning contribution was ultra vires and the local authority was obliged to return the money.

The Judge said the company was not entitled to have the €100,000 goodwill gesture returned. Unlike the planning contribution that payment was voluntary, he concluded.

Lets see if they crack on with another bit of the bypass then, eh!

No point giving the sponds to NAMA who will waste it on bankers salaries and legal fees up in Dublin, what!?!

L1011

KCC generally made builders actually build the roads rather than take dev levies (although they levied every house built on one side of my town for 18 years before doing a bridge replacement...) so I suspect I won't be seeing the council here being made repay for roads. Made repay for other things they took levies for - that's entirely possible...

My estate required the builders to build about 95% of a link road, including some on land the council had taken from the builders of a previous estate for its future path. The council then left it there for about a year before doing their 5% to make it a link road rather than a long, over-spec cul-de-sac.

dubhthach

Irish Times had an article on this today:

http://www.irishtimes.com/newspaper/ireland/2011/0916/1224304193907.html

Council told to return €1.1m to builder

THE HIGH Court has ruled that a building company is entitled to the return of more than €1 million paid by it to Galway County Council towards construction of a bypass that was never completed.

Mr Justice Gerard Hogan said yesterday that O’Malley Construction Ltd was entitled to a refund of €1.1 million, with interest, of money paid as part of a condition of planning permission secured by it several years ago to develop a site at Barna, west of Galway city.

The judge held that as the bypass had not been completed, the council was “not entitled to require the developer to make a contribution to works that ultimately did not benefit the company’s development”.

If that were the law, Mr Justice Hogan added, then “it would be tantamount to saying the council enjoyed a taxation power”.

The company paid €1.1 million as a contribution towards construction of a 2.7km bypass of the village of Barna, but just 460 metres of the bypass have been constructed.

The council argued that the proposed carriageway was 1.7km, with the extra kilometre made up of roundabouts and slip roads.

The company, with registered offices at Augustine Street, Galway, brought proceedings over the council’s refusal to refund the bypass contribution money.

The company claimed it was required to pay the money to the council as a condition of securing planning permission for 148 dwellings and five commercial units at “An Creggan” in Barna.

Planning permission was granted by An Bord Pleanála in January 2003 and O’Malley Construction paid €1.1 million towards the cost of the proposed bypass, which was located to the north of Barna and was due to link up with the road around Galway city.

The total cost of the proposed bypass was €8.95 million.

In the eight years since planning permission was granted, the company claimed just 17 per cent, or 460 metres, of the road to the north of Barna had been built.

As a result, the company sought the bulk of its payment back. The council opposed the proceedings. It refused the refund request because a section of the bypass had already been built.

It also argued that the company was made aware that the completion of the bypass was contingent on other development in the vicinity being completed.

The company argued it was entitled to a refund because, under the terms of the planning condition, the payment was made on the basis the entire bypass would be completed.

In addition to the €1.1 million contribution, O’Malley Construction paid the council an additional €100,000 as a goodwill gesture and also wanted that back.

In his judgment, Mr Justice Hogan said the council had had seven years to build the bypass. As this had not occurred, the council’s requirement for a planning contribution was ultra vires and the local authority was obliged to return the money.

The judge said the company was not entitled to have the €100,000 goodwill gesture returned.

Unlike the planning contribution, that payment was voluntary and earmarked for a specific purpose – to buy the lands where the 460 metres of carriageway had been built, he concluded.

Sponge Bob

But councils get dev contributions for all sorts of things and sometimes they are in a pot for years. The 7 year deadline set out in this judgement leaves many local authorities open to all sorts of legal challenges from Liquidators nationwide.

dubhthach

Sponge Bob wrote: »

But councils get dev contributions for all sorts of things and sometimes they are in a pot for years. The 7 year deadline set out in this judgement leaves many local authorities open to all sorts of legal challenges from Liquidators nationwide.

Indeed after a "development levy" is charged along the route of Metro North as far as I know. Is part of the issue here though that the developers couldn't develope land due to lack of access that would hook off the "bypass" ?

Sponge Bob

Dunno but O Malley access off the old R336 so it did not apply directly to them anyway, it would for some backland. This is a time limit on how long in advance a development contribution can be sought for apurpose before it is spent. Note the judge said he expected a completed bypass by now.

Sponge Bob

There is an interesting letter attached, written 6 years ago.

Haggling has continued between the Liquidator and the Council over Dev Contributions since McEvaddy ( aka Nexus) went belly up 2 years ago.

dubhthach

Listening to RnaG this morning and it would seem that the kibosh is gonna be put on "R336 BEARNA TO SCRÍB VIA ROS AN MHÍL" scheme. How unsurprising. :rolleyes:

Sponge Bob

Not the same scheme The one you mentioned was a celtic tiger megaproject to get O Cuiv over an election or two.

dubhthach

Sponge Bob wrote: »

Not the same scheme The one you mentioned was a celtic tiger megaproject to get O Cuiv over an election or two.

Well I know that but as we don't have a seperate thread specific for it and one of previous posts mentioned it I figured I'd put it in here.

One of the speakers on RnaG also mentioned that they won't finish bypass for Bearna or put one in for An Spidéal as an alternative either.

Sponge Bob

I was out there this morning and damned if it doesnt look like the council is slightly straightening out a bad bend at the very western end of the proposed bypass.....for fear the money is clawed back eh?? 2012 will no doubt see a mysterious roundabout appear north of the 12 or something.

JupiterKid

What is the point of a 20% complete bypass? It sounds about as useful as half a mug or car without wheels. :rolleyes:

Relying on private developers to built essential infrastructure is always a tricky and risky venture and in this case it clearly failed abysmally.

Sponge Bob

This was the norm in fast growing towns, between planning conditions, land transfers and so on you could build half the road by leaning on developers and get the balance to finish it from developers who did not own land on the route but who wanted to develop. Had Barna grown 2006-2011 as it did from 2000-2006 it would be more or less funded and finished now.

They may do the western 25% in this decade as part of a Galway Bypass.....in order to send S Connemara traffic over to the Moycullen Road to connect to the bypass.


This Specimen in Athenry comes to mind.

dubhthach

Sponge Bob wrote: »

I was out there this morning and damned if it doesnt look like the council is slightly straightening out a bad bend at the very western end of the proposed bypass.....for fear the money is clawed back eh?? 2012 will no doubt see a mysterious roundabout appear north of the 12 or something.

Had they come to a preferred route, there was some marklarky bout protecting the road form entrances/development, in which case I would imagine they would have to go with most northern route given the amount of development along Cois Fharraige.

L1011

Sponge Bob wrote: »

This Specimen in Athenry comes to mind.

They actually appear to be finishing the outer arm of the Athenry works now.... not sure if that road has come in to it though!

Sponge Bob

MYOB wrote: »

They actually appear to be finishing the outer arm of the Athenry works now.... not sure if that road has come in to it though!

That is a fairly hefty project, see here. Deserves its own thread