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Pat Kenny Sam Boal

Fate of badger family at centre of planning battle between Pat Kenny and nursing home developer

Bartra Capital plans to build a 104-bedroom nursing home in Dalkey, south Dublin.

THE FATE OF a badger family is at the centre of a fresh planning battle between broadcaster Pat Kenny and the developers of a 104-bedroom nursing home on a site adjacent to the Kenny home in Dalkey, south Dublin.

In a new objection lodged against the Bartra Capital two-to-five storey nursing home, Kenny claims that the “straightforward commercially driven enterprise cannot justify killing the badgers of Bulloch Harbour”.

Earlier this year, Pat and Kathy Kenny and over 30 other households in Dalkey were successful in opposing a previous application by Bartra for a nursing home on the same site after Dun Laoghaire Rathdown County Council refused the application on a number of grounds.

Bartra appealed that refusal decision to An Bord Pleanala but within days withdrew the appeal and instead lodged the new application which is currently back before the Council.

In the new objection, the Kennys state that they are “mystified” as to why Bartra withdrew the appeal and submitted a virtually unchanged planning application to the Council.

As part of preparation in lodging the application, Bartra hired experts to carry out a Ground Penetrating Radar (GDP) survey which determined the scale of an underground badger sett complex identified by three entrances on the proposed development site.

A Badger Conservation Plan lodged with the application states that once proposed mitigation measures have been implemented for the local badgers, the proposed nursing home “will not have a significant impact on the (badger) sett structure”.

The Badger Conservation Plan also recommends that no works be carried out in the 30 metre badger sett protection zone between December and June.

The conservation plan further states that the proposed nursing home plan was modified to move construction activities away from the badger sett and the entire southern area of the site.

However, the Kennys disagree with the conclusions of the Badger Conservation Plan and instead claim in their objection that “what is proposed by the applicants as mitigation (of the badger sett) will result in extermination”.

They point out that badgers are a protected species and state: “Given that there are no mitigation measures that can protect this sett, we ask that the proposal be turned down on the specific grounds of the Wildlife Protection measures enshrined in law and in the Bern Convention to which Ireland is a signatory.”

The Kennys claim that the excavation for the nursing home building at the southern end of the site would destroy the sett “and with it, the badger family”.

The Kennys state: “For the record, the badgers bred successfully this year.”

As part of their objection concerning the badgers the Kennys state that they are in the fortunate and unique position of having an active breeding badger sett “within the grounds of our home”.

They state that the badgers have been there for in excess of 20 years.

The Kennys reveal: “During this time, we have let them be and kept an eye on them. We have been rewarded over the years with the sight of young badger cubs playing.

They add: “It is not just our family, but the entire neighbourhood, particularly the children, who enjoy these shy nocturnal creatures.”

The Kennys state that any destruction of the badger sett would be “cruel and unconscionable”.

In the fresh objection, the Kennys state that the application makes repeated reference to the creation of an ‘artificial sett’.

The Kennys state that there are “rarely, if ever, successful”.

The Kennys explain: “The technique requires the existing sett to be blocked off and the badgers, unable to return to their home, are lured by bait to the newly build artificial sett”.

They state: “In this case, closing off the sett entrance would require entrance to our property, which in any circumstance, we are not prepared to permit.”

The Kennys state that such a practice in creating an artificial sett “to be cruel, un-necessary and in contravention of the Wildlife Act 1976”.

The Kennys state that such artificial setts are intended only to be used in projects of national significance where there is no other recourse.

In the new objection, the Kennys state that if permitted, the proposed nursing home would detrimentally impact on their home “and other residential properties in the area”.

The Kennys state: “It would also set a precedent that could ultimately damage the character of the Bulloch Harbour area.”

In the documents lodged on behalf of Bartra by Thornton O’Connor Town Planning, Patricia Thornton states that unlike the permitted Bartra apartment scheme for the site, there is no development in the southern portion of the site and this significantly reduces the impact of the property on the surrounding dwellings at the southern end of the site.

Thornton further states that the nursing home scheme has been sensitively designed to minimise the potential impact on the residential amenity of surrounding properties.

Thornton further states that the scheme’s location close to Dalkey village and to the local Dart station will ensure that future residents have the opportunity to remain living within their community.

Thornton states that the future residents will be provided with appropriate medical care and support while also enjoying the benefit of existing social and community infrastructure in the village.

As part of her extensive planning report lodged with the application, Thornton contends that what is proposed represents a significant investment in an under-utilised infill site providing “a much needed nursing home facility for the area”.

Thornton states that the principal objective of the application is to contribute towards reducing the shortage of residential care home beds.

Thornton argues that as a result of its contemporary, sensitive design, the scheme is an appropriately scaled form in its receiving environment” and importantly will respect the surrounding context, including nearly dwellings.

A decision is due on the application next month.

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    Mute Quiet Goer
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    May 17th 2021, 6:46 PM

    I hope Pat Kenny wins this one.

    Yet another nursing home where people are kept in a permanent semi-comatose state for the last of their days while BlahdeeBlah capital gobbles up their income and assets and sometimes their children’s income as well in order to fund some New Yorker’s superyacht lifestyle.

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    Mute Doug
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    May 17th 2021, 6:55 PM

    @Quiet Goer:
    If you believe nursing homes shouldn’t exist how do you suggest people should be looked after when they can no longer care for themselves?

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    Mute Trish O Dea
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    May 17th 2021, 7:00 PM

    @Quiet Goer: don’t know what Nursing Home you visited but your description is far removed from the experience we had. The Nursing home gave my mother a new lease of life and gave us a few extra good years with her.

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    Mute Dan Smith
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    May 17th 2021, 7:02 PM

    @Quiet Goer: it’s a RETIREMENT COMMUNITY!!!

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    Mute Quiet Goer
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    May 17th 2021, 7:35 PM

    @Trish O Dea: Ah it’s a big thing. Have a look: https://www.npr.org/sections/health-shots/2014/12/08/368524824/old-and-overmedicated-the-real-drug-problem-in-nursing-homes?t=1621276372090

    Statesian article but it still applies. After all the nursing home abuse scandals do you think they’re too honest to dish out a few tranquilisers?

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    Mute Trish O Dea
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    May 17th 2021, 7:37 PM

    @Quiet Goer: As I said, not my experience.

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    Mute Mary Walshe
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    May 17th 2021, 8:18 PM

    @Quiet Goer:
    You’re not wrong. My daughter used to work in a nursing home and there were a couple of gentlemen with dementia resident there. One was particularly outspoken and when HIQA were due to inspect the premises, the two men were given ‘special’ medication to ensure that there would be no embarrassing outbursts. All a money racket but sometimes people have no choice.

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    Mute Bala mc blaha
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    May 17th 2021, 9:44 PM

    @Quiet Goer: no, it’s called the “fair deal scheme” it’s run by the Irish government to siphon every last penny from people who worked all their lives, so our TD’s can retire early on big fat pensions.

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    Mute Joan Murray
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    May 17th 2021, 11:51 PM

    @Bala mc blaha: I couldnt be ar$ed looking up the figures, but the Fair Deal contribution is capped,it doesnt “eat up” anyones entire equity built up in the “family home”. Even if it did, it would not impact the elderly person being cared for, just the greedy family eagerly waiting for their unearned inheritance. It never ceases to amaze me how the so-called socialist parties and half-parties defend inheritance rights which fqvour the well-off, if not exactly wealthy, while wanting to screw every penny in tax on hard earned wages.

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    Mute Elizabeth Barry
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    May 18th 2021, 11:06 AM

    @Doug: their family whom they provided for when they were children. Who else?

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    Mute Bill Spill
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    May 17th 2021, 6:55 PM

    Might get slated for this, but I’ve really come around to PK over the last few years. Yes, he’s a bit wooden. But he’s highly intelligent and a good interviewer. I’ve found his newstalk show to be preferred listening in the late mornings. That is all.

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    Mute M. Murphy
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    May 17th 2021, 8:30 PM

    @Bill Spill: no I agreee with ya. Newstalk suits him more and he can be a bit more open. Accidently turned on to Ray D’Arcy for few minutes the other day. Mother superior how in gods name does he have a job.

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    Mute iDarragh
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    May 17th 2021, 9:21 PM

    @Bill Spill: no.

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    Mute UK Hurling Bloke
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    May 17th 2021, 9:46 PM

    @M. Murphy: Same with Ryan Tubridy.
    Such a thoroughly annoying chap.

    Must be something to do with the institutionalised culture of RTE.

    They all think they are the bees knees and everyone adores them, where in fact the opposite is true.

    Tommy Tiernan being the possibly the only exception – but he’s only a part timer there really.

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    Mute Lesley Harpur O Connell
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    May 17th 2021, 10:13 PM

    @M. Murphy: money for nothing…his show is atrocious..

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    Mute Seymour business
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    May 17th 2021, 6:44 PM

    Nimby.. Not in my badgers yard.

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    Mute Sean
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    May 17th 2021, 6:51 PM

    Good man Pat I’m with you on this one!

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    Mute Pat Maher
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    May 17th 2021, 7:26 PM

    No laughing matter to have the peace and tranquility of your home , constantly threatened by unscrupulous and uncaring developers. Pat and his family including the badgers are entitled to undisturbed enjoyment of their home and its environs . Only those who have experience of the negative effects of developments on their doorstep , can truly appreciate the negative impact and annoyance to the enjoyment of their property.

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    Mute Colin McNamara
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    May 17th 2021, 9:49 PM

    @Pat Maher: The construction of your home might once have been an annoyance to somebody

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    Mute Fred spins kdb
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    May 17th 2021, 6:46 PM

    Pat seems to have been kicking off over issues with his gaff for the last decade.

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    Mute Hugh McCann
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    May 17th 2021, 7:34 PM

    @Fred spins kdb: he’s been kicking off for Decades , he’s alway in dispute with his neighbours …..

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    Mute Fred spins kdb
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    May 17th 2021, 7:47 PM

    @Hugh McCann: there’s a classic interview with risteard Cooper of apres match from the late late around 2007 I think on YouTube. Starts on about his land disputes calling Pat ‘The Bull Kenny’. Pat looks like he want to lump the head off him. Tis funny.

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    Mute Mike Heelan
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    May 17th 2021, 8:19 PM

    I completely agree with Pat.its time that Developers are held accountable and not be allowed to walk all over people.All the neighbour’s have lived there a long time and are entitled to continue to enjoy the area and its wildlife undisturbed. Those badgers need to be left alone

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    Mute pat seery
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    May 17th 2021, 7:17 PM

    Not in My Back Yard Attitude I guess

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    Mute andrew
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    May 17th 2021, 7:39 PM

    Whatever happens look after the Badgers they are a vital wildlife species.

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    Mute Madison Underwood
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    May 17th 2021, 7:25 PM

    Save the badgers Pat!

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    Mute Inky Fingers Inc.
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    May 17th 2021, 6:57 PM

    Squatters rights for badgers eh?

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    Mute jerry slattery
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    May 17th 2021, 9:20 PM

    There is not a year goes by without Pat & Kathy fighting with some neighbor or developer over planning be it a hedge or a nursing home

    Good luck to all

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    Mute Colm Walsh
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    May 18th 2021, 12:28 AM

    The idea that some of you are putting more value on the under ground burrow of a badger than on a place where we can house the elderly is astonishing. Pat Kenny will never be short a few quid and will probably never need to go into residential care. That’s not the case for the rest of us. With our aging population, we’re gonna need more of these homes. The elderly deserve dignity and support. We can relocate the badgers. And more to the point….. Pk didn’t give a b011ix about those badgers until somebody wanted to build in his back yard.

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    Mute Rory J Leonard
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    May 18th 2021, 9:19 AM

    @Colm Walsh:

    Interesting point!

    Ireland’s Badgers may soon need to be chipped and a central register maintained, like for our canine friends, to ensure they don’t start organising nationally towards commercially securing further valuable land for their unique lifestyle and housing.

    Exquisite tastes in housing with sea views is not just the preserve of us humans, seemingly!

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    Mute steve white
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    May 17th 2021, 6:49 PM

    Bulloch Harbour?

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    Mute Rob Jones
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    May 17th 2021, 10:44 PM

    It’s a black and white issue.

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    Mute Paul Gorry
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    May 18th 2021, 2:43 AM

    Don’t like pat Kenny but love badgers. Jayus I’am conflicted in this moment..

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    Mute Geraldine Kavanagh
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    May 18th 2021, 9:27 AM

    Badgers are a protected species as far as I know. They are rarely seen as farmers blame them for carrying the TB in cattle. These urban badgers should be protected. Take personalities and projects out of the equation. It is not about them. I am sure there are other sites suitable for a nursing home. We do our utmost to release trapped whales etc. We should be able to compromise here. An artificial sett. Who ever heard of that succeeding. The smells of home are gone. I’m for the badgers.

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    Mute Piggy
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    May 17th 2021, 10:39 PM

    Badgers aren’t even real! Come of it

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    Mute Paul Whitehead
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    May 18th 2021, 8:32 AM

    @Piggy: Ive lived in Ireland all of my 59 years and I’ve never seen a ‘badger’, a ‘kingfisher’ or a ‘WhiteWalker’. Myths.

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    Mute Paul Whitehead
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    May 18th 2021, 8:32 AM

    @Piggy: Ive lived in Ireland all of my 59 years and I’ve never seen a ‘badger’, a ‘kingfisher’ or a ‘WhiteWalker’. Myths.

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    Mute Nick Caffrey
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    May 18th 2021, 9:15 AM

    @Paul Whitehead: Don’t get out much, then…

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    Mute SPQH
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    May 19th 2021, 2:33 AM

    @Paul Whitehead: if you want to have a look, kingfishers along the Dodder, I’ve spotted them at Ballsbridge and Churchtown/Milltown, still rare to see them but they are there. No Badgers though that I could see.

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