Bessborough campaigners seek judicial review over plan to build apartments at Cork site

Campaigners aiming to overturn a decision to grant planning permission for apartments at the site of the former Bessborough mother and baby institution in Cork have lodged judicial review proceedings in the High Court. The proceedings were lodged by FP Logue Solicitors on Thursday. The plaintiffs are campaigners from the Bessborough Mother and Baby Home Support group. An Coimisiún Pleanála (ACP), the State and the Attorney General are listed as the defendants. In February, developer Estuary View Enterprises was granted planning permission by Cork City Council to build 140 apartments at the site.The Bessborough Mother and Baby Home Support Group and Labour councillor Peter Horgan lodged appeals with ACP, which last month upheld permission for 106 apartments. One apartment block was removed from the plans after the appeals body said it would adversely affect the historic landscape and the setting of Bessborough House, which is a protected structure.READ MORECampaigners are vehemently opposed to the development as the burial place of more than 800 children who spent time at the institution is unknown.“Our group were very disappointed about the granting of the permission after the appeal. We were all devastated about it,” Carmel Cantwell, one of the plaintiffs, told The Irish Times on Friday.“So, the next step is to completely exhaust the planning [process] and see if we can get anything done about it and get it overturned.”Cantwell’s brother William died in December 1960, when he was six weeks old, in St Finbarr’s Hospital in Cork after being transferred there from Bessborough. She has not been able to find out where he is buried. More than 900 children died at Bessborough or in hospital after being transferred there from the institution, which operated from 1922 to 1998.[ Bessborough researcher urges purchase of site and inquest into deaths of women and babiesOpens in new window ]Despite “very extensive inquiries and searches”, the Commission of Investigation into Mother and Baby Homes was only able to establish the burial place of 64 children, meaning the burial places of more than 800 children remain unknown. The inquiry concluded it was likely that some of them were buried in unmarked graves but did not consider it feasible to excavate the full site, which amounts to 24 hectares. The entire estate covers about 80 hectares, parts of which have already been built on.FP Logue Solicitors said they could not comment on the matter. ACP has been contacted for comment.In its ruling last month, ACP said there was no evidence of unrecorded burials in the area where the development is proposed. Conditions attached to the permission include forensic archaeological monitoring during construction works and the appointment of a liaison officer to engage with survivor groups.“Should human remains be discovered, full forensic controls would be applied. This includes stopping works, securing the area and notifying the Cork City Coroner immediately,” the decision noted.Campaigners and Opposition parties have called on the Government to buy the site via a compulsory purchase order. Taoiseach Michéal Martin last month said he had “asked Cork City Council to engage with the landowners at Bessborough with a view to exploring all options for the future of the site”.“Bessborough is of huge importance to many people and families, at home and abroad. We need to do the right thing for all concerned,” he said in a statement.