Seanad debates
Wednesday, 18 October 2023
Nithe i dtosach suíonna - Commencement Matters
Office of Public Works
10:30 am
Vincent P Martin (Green Party)
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The Minister of State, Deputy Noonan, is, as always, very welcome to the Chamber. It is unfortunate the Minister of State with direct responsibility in the matter I am raising, Deputy O'Donovan, is unavoidably absent. I appreciate the Minister of State, Deputy Noonan, stepping in for him this morning. I know he will relay back to his colleague our deliberations and discussion.
It is well documented that 235 acres of the Castletown lands in Celbridge, County Kildare, were sold on the open market earlier this year. The OPW was outbid in its efforts to reunite those lands with the wonderful Castletown House. There is an absolutely incredible community resolve to ensure the right thing happens. Local people have an amazingly singular and unified purpose, which is reflected among both local politicians and all Oireachtas Members representing the Kildare North constituency. The local community is absolutely committed and dedicated to resolving this matter. People in Celbridge are exceptionally dignified in their campaigning but they should not be underestimated. We want to see the lands reunited and the M4 gate open for access to cars, as was the case previously.
Together with other Oireachtas Members, I recently attended a meeting at which the Minister of State, Deputy O'Donovan, was present. He stated, as was later confirmed in a press release, that the OPW is committed to exploring all options. He reassured me at the meeting that people in the OPW are not sitting around staring at a telephone and waiting for it to ring. I have a letter to hand, which is in reasonably wide circulation, and it is from the solicitors acting for the developer to the Chief State Solicitor's office. The solicitors want to reopen dialogue on the terms that two valuers would be appointed, as is the norm, they would agree a valuation and would then meet with the OPW with the aim of reaching a mutually acceptable agreement on the current market value, with each party to pay its own costs. This happens all the time with valuations. Two independent experts are appointed and a value is agreed. It is not an airy-fairy valuation; it takes into consideration the detail of the given circumstances.
I respectfully suggest there is enough sentiment in this letter, which has been circulated reasonably widely, to test the bona fides of the developer. It behoves us to do our utmost to see whether this proposal can be the breakthrough that breaks the impasse. On foot of the letter, I hope the OPW will be very active in ensuring a meeting happens. The previous mediation failed. We are not allowed to say what it involved because the rules in that regard are very strict. This will be a more transparent process. For once and for all, we will know whether an agreement is possible. I ask the Minister of State to help by emphasising to his ministerial colleague that this is a potential way forward. The very least that must be done is that we test the bona fides of this latest attempt at agreement.
Malcolm Noonan (Carlow-Kilkenny, Green Party)
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I thank Senator Martin for raising this important issue. I am taking the matter on behalf of the Minister of State, Deputy O'Donovan, who, unfortunately, is not available this morning. As the Senator can appreciate, this is very much an ongoing and fluid scenario and the situation locally at Castletown is changing day by day. I will provide some up-to-date information, taking note of the letter the Senator has just brought to my attention.
Castletown House is an 18th-century neo-Palladian country house built within an extensive estate. In 1994, the OPW took responsibility for Castletown House and estate. Initially, this included only 13 acres of land with the house. It has long been the policy of the OPW to seek to reunite the historic Castletown estate. In 1997, 100 acres south of the house were acquired. The farmyard adjacent to the house was acquired in 2001. In 2006, lands associated with Batty Langley Lodge were acquired, with former Coillte lands to the north and east of the House acquired in 2007. Since 2008, the OPW has reassembled 227 acres of the original 580 acres of land that formed the historic demesne.
As part of its policy to seek to reunite the historic Castletown demesne lands with the house and lands in the care of the State, the OPW has sought on several occasions to purchase the lands from Janus Securities, including when the lands were offered for sale on the open market in 2022. However, despite the best efforts of the OPW, the State was outbid in the open market process and, ultimately, the lands were acquired by a private purchaser. The OPW entered into negotiations with the new landowners on a licence agreement in May 2023. While the OPW was prepared to pay the significant uplift in the licence fee the landowners were seeking, it could not agree to the unreasonable terms of the licence agreement. The landowners then allowed the use of the M4 access road and car park until 15 September 2023.
In the interest of ensuring access for the approximate 25,000 annual visitors to Castletown House and the approximate 1 million visitors to the estate, the OPW continued to work with the landowners. Over the summer, the OPW sought to purchase the land from the private landowner. This was unsuccessful. In September, the OPW engaged in a mediation process with the landowner but there was no outcome, which was disappointing. The OPW has a responsibility to ensure public access to Castletown House and estate and is funded by the Oireachtas to do so. In furtherance of this public policy objective, the OPW explored creating a small car park within the State-owned lands. The purpose of this was to ensure adequate access to Castletown House, which is of national and international importance. The proposed temporary car park would ensure access to the primary historic route through the Celbridge Gate and over Lime Avenue to Castletown House. It would have enhanced facilities for cyclists and people with a disability.
After a robust and positive engagement with the local community and having listened carefully to the views expressed, the OPW did not proceed with its temporary car park plans. The only vehicular access route available to the OPW is Celbridge Avenue. As the car park did not proceed, the impact of this is shared access, with pedestrian priority, through the Celbridge Gate and Lime Avenue. A community protest group at the main entrance has blocked vehicular access to OPW staff and essential suppliers and contractors since 30 September.In recent weeks it has not been possible to collect refuse from the site, repair the heating system, repair visitor toilets and have any other maintenance work completed. This situation is unacceptable for staff to operate within. The Health, Welfare and Safety at Work Act requires the OPW, as an employer, to operate a safe working environment.
The OPW has continually sought to find a solution to these challenges within the community. Following intensive dialogue, and with the assistance of an independent facilitator, the OPW secured the agreement of three out of four local community groups to allow for limited access to Castletown House and estate for OPW staff, as well as essential suppliers and contractors. If it is okay, Acting Chairperson, I will come back in with a supplementary response.
Vincent P Martin (Green Party)
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I thank the Minister of State. It has been said on many occasions that we acknowledge the very many millions of euro invested by the OPW to secure as much of the lands as it has done to date. The proposal to create a carpark in the meadow, which immediately adjoins the River Liffey, was off the wall and might not have been in compliance with planning laws. Thankfully, the proposal has been abandoned.
The proposal to allow general access up the avenue for all vehicles is not in keeping with the integrity of the building. The local action group, led by Kevin Mullin, has made it clear that all people who require access and can prove it will never be obstructed. I do not know the developer but I have seen enough and read enough in this letter, which has come into my possession, to say that this matter warrants exploration with the developer and that we should reopen negotiations with the developer forthwith, which I hope will happen. The developer has said that he is willing to sell at market value and it behoves us all to ensure this happens.
Malcolm Noonan (Carlow-Kilkenny, Green Party)
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I am sure that the Senator will support the OPW in agreeing that while it would be preferable for these lands to be reunited with the historic demesne, this will only be possible where acceptable terms can be agreed. Again, I note the letter that he has brought to my attention here today. The OPW negotiates on the acquisition of lands, leasing of properties and access terms on behalf of the State across Ireland. Commercial sensitivity is key to these negotiations, as I am sure the Senator can appreciate. As these negotiations are ongoing, it would not be prudent for me to comment any further on the matter. However, I can assure the Senator that the OPW remains committed to acquiring the lands that formed part of the original estate, where they became available, to reunite the historic demesne. The OPW will continue acquiring suitable lands, where possible. Again, I reassure the Senator that every effort is being made.
Victor Boyhan (Independent)
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I thank the Minister of State.