Support Proper Development in Donabate

supporting proper development in donabate

Corina Johnston Secretary, Supporting Proper Development in Donabate 67 The Links, Donabate Co

Paul O’Brien, County Hall, Main Street, Swords, Co. Dublin K67 X8Y2,

Re: Planning Application Reg. Ref F17A/0589. Planning permission is sought on foot of grant of planning permission Reg. Ref. F15A/0456 for the construction of 20 no. residential dwellings as follows: 2 no. semi-detached, 2 storey, 4 bed dwellings, 16 no. semi-detached/terraced, 2 storey, 3 bed dwellings and 2 no. detached 2 storey, 3 bed dwellings all with associated car parking, connection to and utilisation of access from Road granted under Reg. Ref. F15A/0456, landscaping, boundary treatments, engineering proposals (including 1 no. foul water pumping station if required) and all associated works necessary to facilitate the development.

Dear Mr O’Brien

We would like to submit an observation/objection to the Planning Application registered under Reg Ref : F17A/0589. Pertaining to lands located at Ballisk Common, Donabate, Co. Dublin. Please find enclosed the prescribed fee of €20.

We are making this observation under Article 29(1) (a) (b) of the Planning and Development Act 2000, as Amended.

We object to this application on the basis of the following:

1. Material Breach of County Development Plan – Zoning 2. Inappropriate level of social and affordable housing 3. Failure to comply with Design Criteria for Urban Development 4. Failure to comply with design requirements 5. Failure to provide proper separation distances 6. Failure to comply with requirements for Refuse Storage and Bins 7. Failure to provide open space 8. Infrastructural deficit 9. Traffic 10. Lack of public transport 11. Lack of community facilities 12. Breach of proper planning and sustainable development 13. Lack of publicly owned green space 14. Low level of land on the peninsula

1. Material Breach of County Development Plan - Zoning

This application, if approved, would constitute a material breach of the provisions of the Fingal County Development Plan 2017-2023.

Over half of the site for this proposed development is zoned “CI – Community Infrastructure - Provide for and protect civic, religious, community, education, health care and social infrastructure” in the Fingal County Development Plan 2017 to 2023. As such, the application to build houses on this land constitutes a material breach of the Development Plan and does not constitute proper planning and sustainable development.

ZONING OBJECTIVE “CI” COMMUNITY INFRASTRUCTURE

Objective: Provide for and protect civic, religious, community, education, health care and social infrastructure.

USE CLASSES RELATED TO ZONING OBJECTIVE

Not Permitted: Residential

(Extract from Fingal Development Plan 2017-2023 – 11.2 Local Area Plans, page 363)

For this reason alone, Fingal Co. Co. is statutorily disbarred from granting the permission sought.

This site adjoins the Donabate and Portrane Educate Together School, Donabate Community College and the Donabate Portrane Community & Leisure Centre. The Community Infrastructure zoning is in place to permit development which would enhance these developments. To permit housing to be built on these lands, to the detriment of the two schools and the community centre, would constitute a gross dereliction of duty as there are no other lands directly adjacent (zoned or otherwise) available to these two schools and the community centre if these CI zoned lands were to be developed for housing.

Further, the entirety of this site (save for a small portion of the site adjoining which has been included in the application for the purpose of amending permission F15A/0456 in order to provide an access into the instant site) is in the ownership of Fingal Co. Co. It is not understood on what basis Fingal Co. Co. is proposing to sell these lands to a private developer for purposes which are in material breach of the Fingal County Development Plan.

It should also be noted that the site location map used in the application is old and misleading as it does not show the Donabate and Portrane Educate Together School and also shows Donabate Community College prior to it being built which gives a misleading impression as to the impact this proposed development would have on the two schools.

2. Level of Social and Affordable Housing

2 It is proposed that 7 out of the 20 houses on this site would comprise social and affordable houses. This constitutes 35% of the development which is excessive and well in excess of the 10% required pursuant to s. 94 of the Planning and Development Acts 2000 to 2016. It is also in breach of Government housing policy in relation to building sustainable communities and a balanced mix of tenures. It would appear that this may constitute a collateral attempt to amend planning permission Ref. F15A/0456 in order to remove the required social and affordable housing from that development and to force all social and affordable housing into a small area at the rear of the development. Such an approach is contrary to Government policy on sustainable communities and the applicant should not be permitted to approach his statutory obligations in this regard on this basis. Such an approach is also in breach of the Fingal County Development Plan 2017-2023 which, at 11.8 Zoning Objectives, Vision and Use Classes, page 366 states that it is an objective to “[e]nsur[e] an appropriate mix of social, affordable and private housing.”

3. Failure to Comply With Design Criteria for Urban Development

The design of the proposed development is not properly articulated in the application; for example: in terms of outlining how the development meets the Development Plan Objectives and the objectives of any Local Area Plan, this land is explicitly not zoned for residential purposes according to the Local Area Plan, yet the application does not clearly state or give justification for this application on land zoned for a totally different uses, i.e. CI – Community Infrastructure - Provide for and protect civic, religious, community, education, healthcare and social infrastructure.

Further, the proposed development does not meet the required development standards

Chapter 12 of the Fingal County Development Plan 2017-2023 sets out that design principles shall be based on the Sustainable Residential Development in Urban Areas - Guidelines for Planning Authorities and Best Practice Urban Design Manual (DoECLG 2009).

These guidelines set out twelve design principles that are to be applied in future development schemes.

Objective DMS03 Further, a detailed design statement for developments in excess of 5 residential units or 300 sq.m. of retail/commercial/office development in urban areas is required to be submitted. The design statement is required to:

 Explain the design principles and design concept.

 Demonstrate how the twelve urban design criteria (as per the 'Urban Design Manual - A Best Practice Guide’) have been taken into account when designing schemes in urban areas. Each of the twelve criteria is of equal importance and has to be considered in an integrated manner.

 Outline how the development meets the Development Plan Objectives, and the objectives of any Local Area Plan, Masterplan, Urban Centre Strategy, Framework Plan or other similar Plan affecting the site.

 Include photographs of the site and its surroundings.

 Include other illustrations such as photomontages, perspectives, sketches.

 Outline detailed proposals for open space and ensure the provision of open space is designed in from the beginning when designing a new scheme.

 Outline a detailed high quality open space and landscape design plan including specifications, prepared by suitably qualified professionals.

 Outline how Green Infrastructure integrates into the scheme.

3 (Extract from Fingal Development Plan 2017-2023 – 12.3 Design Criteria for Urban Development, High Quality Urban Design, page 411).

These design criteria have not been met by the application.

4. Failure to Comply with Design requirements:

The proposed development does not comply with the design requirements set out in the Fingal County Development Plan 2017-2023. It seems apparent when looking at the provided support documentation for this application that some of the units (unit types) are short of the required storage space requirements. Especially when the applicant argues that the shortfall will be made up with attic space as storage. This would give very little consideration to potential disabled occupiers.

Objective DMS24 of the Fingal County Development Plan 2017-2023 requires that new residential units comply with or exceed the minimum standards as set out in Tables 12.1, 12.2 and 12.3.

These design criteria have not been met by the application.

5. Failure to Comply With Separation Distances

In this regard, the proposed development fails to comply with the required separation distances as at least two/three of the units are not 22m from the each other at the rear first floor, for example distance between B17 and B18 to C2 shown to be 18.826m).

The Fingal County Development Plan 2017-2023 states (at p. 421) that:

“A minimum standard of 22 metres separation between directly opposing rear first floor windows shall be observed, normally resulting in a minimum rear garden depth of 11 metres. However, where sufficient alternative private open space (e.g. to the side) is available, this may be reduced - subject to the maintenance of privacy and protection of adjoining residential amenities.

All proposals for residential development, particularly apartment developments, over three storeys high, shall provide for acceptable separation distances between blocks to avoid negative effects such as excessive overlooking, overbearing and overshadowing effects and provide sustainable residential amenity conditions and open spaces. The minimum standard distance of 22 metres between opposing windows will apply in the case of apartments up to three storeys in height. In taller blocks, a greater separation distance may be prescribed having regard to the layout, size and design. In certain instances, depending on orientation and location in built-up areas, reduced separation distances may be acceptable. Any relaxing of standards will be assessed on a case-by- case basis and should not be seen as setting a precedent for future development.

Objective DMS28

A separation distance of a minimum of 22 metres between directly opposing rear first floor windows shall generally be observed unless alternative provision has been

designed to ensure privacy. In residential developments over 3 storeys, minimum separation distances shall be increased in instances where overlooking or overshadowing occurs.

A separation distance of at least 2.3 metres should be provided between the side walls of each house, pair of semi-detached houses or each terrace of houses in order to allow for adequate maintenance and access.

4 Objective DMS29

Ensure a separation distance of at least 2.3 metres is provided between the side walls of detached, semi-detached and end of terrace units.”

(Extract from Fingal Development Plan 2017-2023 – 12.3 Design Criteria for Urban Development, High Quality Urban Design, page 421).

These design criteria have not been met by the application.

6. Failure to Comply With acceptable requirements for Refuse Storage and Bins

Units B11 and E8 have nowhere to put their bins other in their driveway. Similarly substandard refuse storage was approved by in the linked development Reg. Ref. F15A/0456 with additional information, that included 2 blocks of 5 unit terrace housing, 1 block of 6 unit terrace housing and one block of 3 unit terrace housing where there is no provisions made for bin storage other than in their driveways. This is substandard design, is unacceptable especially in the light of the fact that it contravenes the Fingal County Council Development Plan 2017-2023 Objective DMS36 which states as follows (at p. 423), which has been put in place to ensure and uphold a high level of design to ensure proper Development Management standards:

“Objective DMS36

Ensure all new residential schemes include appropriate design measures for refuse storage areas, details of which should be clearly shown at pre-planning and planning application stage. Ensure refuse storage areas are not situated immediately adjacent to the front door or ground floor window, unless adequate screened alcoves or other such mitigation measures are provided.”

(Refer to: Extract from Fingal Development Plan 2017-2023 –Development Management Standards – Chapter 12, page 423)

These Development Management Standards criteria have not been met by the application.

7. Failure to Provide Open Space

No attempt has been made to incorporate a public open space into the design of the proposed scheme and indicating areas such as a “dry ponds” to constituting public open space is in breach of proper planning and sustainable development. This distance from the last house in the proposed development to the nearest useable public open space over 310 metres (more than a 1000 feet) away from their front door (not taking in account crossing the road 3 time). This could hardly be argued by the applicant to comply or satisfy conditions put in place by Fingal Development Plan 2017-2023 for the design of public open space

Hierarchy and Accessibility

“Public and/or communal open spaces should be overlooked and designed to ensure that potential for anti-social behaviour is minimised through passive surveillance.”

(Extract from Fingal Development Plan 2017-2023 –Development Management Standards –12.7 Open Space, Hierarchy And Accessibility, page 433)

These Development Management Standards criteria have not been met by the application.

8. Infrastructural deficit

8.1 Roads: As indicated below and throughout this observation, poor investment into the roads infrastructure including footpaths and cycle lanes - (of which there are none in Donabate/Portrane), by Fingal

5 County council in the past have left the villages of Donabate and Portrane with a significant roads infrastructural deficit. Even though large developments in the locality have netted the local authority with substation additional income (for example the Tesco distribution centre – the largest single building in Ireland (2014), with 77,385 m² (833,000 sq. feet) of warehouse space, adjacent to the historical Newbridge House). The widening of the road at the bridge (at the train station coming into Donabate village) has not been carried out (which was an An Bord Plaenala condition for granting planning permission to a National Infrastructure project). The fact that two roads (the Hearse road and Turvey Avenue) meet at the bridge by the train station and a newly introduced pedestrian crossing is causing significant congestion at the village adding further delay. There seems to be a failure of care by Fingal County Council in addressing the roads infrastructural deficit in the area and this application could be seen as premature until such time as this have been addressed.

8.2 Sewage and Wastewater: The treatment facility in Portrane will be over capacity if all proposed development is built (that are currently proposed and approved through the granting of planning), and when Rush and Lusk connection link into the treatment facility in Portrane is made. As Fingal County Council is well aware, Ireland is in breach of the European Wastewater Directive and the European Commission is prosecuting Ireland for this breach. Overloading the wastewater treatment plant in Portrane will exacerbate the already dire situation. As experienced in the last few months the effects of effluent flowing freely into the sea by Rush have had serious implications on the beaches of Portrane and Donabate (losing their blue flag status). This coupled with the fact that Donabate/Portrane lies on a peninsula surrounded by two SACS, the Estuary and which will suffer significant damage is wastewater from an above Capacity Treatment Plant in Portrane is pumped into the local watercourse or sea.

8.3 Overloading of water supply: It is our understanding that currently the villages of Donabate and Portrane is supplied by a 225mm diameter water supply pipe running along the Turvey avenue into Donabate and the feeding through to Portrane. Water pressures experienced are relatively low. the potential and gradual increase in development in the area are putting extra load on this infrastructure and as there are no immediate action set out by the local authority to address this issue we cannot support this application.

This application is making no attempt in addressing the infrastructural deficit in the area, and would only exasperate circumstances surrounding the current lack of Infrastructural.

9. Traffic

There is only one road in and out of the peninsula which carries a large volume of traffic for a small area and is severely overloaded; leading to frequent congestion and tailbacks. The level of development within the peninsula have reached a point beyond tolerance for the local roads infrastructure to absorb it, partly due to the fact that planning permission is being given to development outside of that proposed under the Donabate and Portrane Local Area Plan 2016-2022. In the event of the proposed development under the LAP alone being completed there would be a population increase from ca. 7,800 to over 20,000 people. The additional development being approved and will further aggravate the already dire traffic situation on the peninsula. Even if the proposed distributor road is constructed, it will not in any way alleviate the traffic strain on the peninsula but will merely move the pinch point of traffic a little distance outside of the village of Donabate and down the Hearse Road. All the traffic will end up on the Lissenhall interchange which is already approaching traffic capacity which will lead to tailbacks; not only on the Hearse Road, but also on the M1 in respect of traffic exiting onto the interchange. This was graphically illustrated recently by the half marathon which was housed (at bequest of the Fingal County Council) at Newbridge House and which led to the complete breakdown of traffic management in the locality of Donabate.

Taken in account that the entrance to this estate is:

Less than a 75meter from the entrance to the Somerton Development (which also serves the Carrsmill Estate and the currently under construction Estate of Rahillion). Virtually directly opposite the entrance to The Links Estate (which will in future include a connector road, linking the Portrane and New road approved by Fingal County Council under planning application Reg. Ref. F17a/0373).

6 The additional 20 houses will bring the potential vehicular traffic (taken in account the Fingal Development Plan 2017-2023, requirement of 2 car parking spaces) and the 43 units approved on the same land (Ballisk Common), Reg. Ref. F15A/0456 to a number of potentially 106 cars.

Taken the above in account this application runs the risk of further exasperating the current congestion felt by all residents in the villages of Donabate and Portrane, though years of haphazardly granting planning approvals to developments such as this by Fingal County Council.

This application will therefor only exasperate the current traffic problems experienced by residents in Donabate and Portrane and not contribute in any shape or form in relieving the current situation; on the contrary it would only exasperate it.

10. Lack of public transport

The argument as to what is sufficient public transport and what is not for sustainable development is a very relative one. Statements by the applicant such as “Donabate is served by a centrally located station”, and the failing to outline that off peak hours the trains run at an almost hourly interval, coupled with the fact that peak hour trains are filled beyond capacity when reaching Donabate to Dublin City Centre it leaves one appalled. The applicant has also failed to mention that Donabate is served by a bus serves which is in the process of being privatised with an unknown service schedule to Swords village only. There is also the direct service to Dublin city centre with 1 bus a day to Dublin (33d) and one back. This hardly indicates a village that I well served by public transport to support any future “sustainable development”. Dare I remind the Fingal County Council Planning Department and the applicant that the Dart extension (to Ballbrigan) as mentioned in the support documentation was due to be up and running in by 2015, and there are no current plans in the immediate future for this to be enacted upon. Statements such as “the existing transport services will support the new proposed development” could not be further from the truth.

The proposed development fails to not support sustainable development through a lack of public transport (now and in the foreseeable future).

11. Lack of community facilities

11.1 Schools: We are strongly opposed to this application using land that could be used in future for expansion of the Educate Together School or Donabate Community College (directly adjacent to the site). As it stands currently, the Educate Together School in Donabate and the St. Patricks National School (both primary schools) are as we understand it virtually fully subscribed and almost at capacity. With the current house building in the area the schools will almost certainly be close to being fully subscribed when the currently constructed housing in the area comes online. Furthermore there have been requests from the Educate Together School with reference to parking and non- blocking of the surrounding roads in the past two months. In the light of this proposed application for houses to be built on land zoned for “public amenity” next to a school that is already at capacity, it must be asked as to why the focus is on new houses without the emphasis on where these children will be educated.

11.3 Garda station: As a village or town with growing population like this there is an ever greater need for its own Garda Station especially with the new National Forensic Hospital currently being constructed. There have been numerous increase in incidents of anti-social behaviour and vandalism in the area of Donabate in recent months, last night (29/30 October 2017) the Gardai were called out again to deal with gangs of youths on the streets and the eventual fire at a local pharmacy and hairdressers in the early hours of the morning. It should be argued that all the emergency services need consideration and this is reflected with call response times and vehicular access and hence a potentially rapidly expanding population.

11.4 Youth facilities: The area is experiencing a dire shortage of facilities and provision for activities for the younger population. This growing young population need to be considered for activities youth

7 facilities from a social point of view and is what this land in the proposed application was intended for.

11.5 Sports and recreation facilities: Insufficient for the population explosion, hence this is an example of building on land that is set aside for Zone 'CI Community Infrastructure', e.g. playing fields, parks. It should be noted that a community this size has no swimming pool. This site could be held until the time is right when the community knows what it needs for this land.

11.6 Community Centre: The lands in the proposed application can be used by the current community centre for expansion of the current facilities to cater for an ever growing population.

The proposed development fails to address a lack of community facilities in Donabate and Portrane and if approved will seriously damage the potential development of this need in the area in future.

12. Breach of proper planning and sustainable development and a premature development

Currently Donabate is listed in government housing initiative as a (MUHD) Major Urban Housing Development site and with all respect to this inactive we see the area being developed in a sustainable manner with the necessary infrastructure to facilitate government policy. In the light of the fact that Fingal County Council have only applied for funding for the construction of the Donabate bypass road from the (LIHAF) Local Infrastructure Housing Activation Fund we would strongly object to this application being granted, as it is clear that there is a lack of infrastructure to accommodate sustainable development in the area. We feel that there has been a serious breach of care from the local authority towards the local residents of Donabate and Portrane. This in part due to the lack of the provision of local infrastructure to facilitate sustainable development, through the implementation and maintenance of local infrastructure, and as a result of haphazard developments in the area being granted planning permission by the local authority. The lack of suitable road (footpath and cycle lanes included) infrastructure to facilitate sustainable development in the area are very apparent and cannot be ignored any more by the Fingal County Council.

If approved this proposed development would be a serious breach of proper planning and sustainable development in the area.

13. Lack of publicly owned green space

When looking at the Fingal Development Plan 2017-2023 map 7 for Donabate, it is apparent the lack of land allocated for public green space and lands zoned for CI – Community Infrastructure - Provide for and protect civic, religious, community, education, healthcare and social infrastructure . Surely the local authority could recognise the need for lands of this zoning within an area with a growing population and strive to protect it, rather than development it without taking into account the long term social implications of such reckless activities. Local greenspace and community infrastructure land should be protected to ensure sustainable communities in the future.

The proposed development does not contribute to lack of publicly owned green space and would damage this public amenity in the local area.

14. Low level of land on the peninsula

As indicated in previous observations to the likes of application Reg. Ref. F15A/0456 on the Ballisk commons lands, these land are of low lying quality within the area of Donabate / Portrane and prone to flooding on a regular bases. Building on lands such as these poses long term implications to flooding in the area, as there is not sufficient provisions made for soaking away of the ground and surface water. Currently through application Reg. Ref. F15A/0456 the soakaway ditch that runs all along the Community Centre and Donabate Community College grounds (South western) boundary are being filled in and replaced with what appears to

8 be a 500mm diameter PVC piping. In allowing this proposed application to proceed, the risk of exasperating the potential for local area flooding is clear.

The proposed development runs the risk of contributing to the potential for local area flooding.

SPDD (Supporting Proper Development in Donabate) would like to reiterate that we are not opposed to housing and development in the area but that all efforts should be made by applications to the Planning department for planning approval to deliver sustainable development thus ensuring a sustainable community.

We would like to thank the planning department of Fingal County Council for this opportunity to make a contribution and observation in relation to the above. Unfortunately in viewing the support documentation provided by the applicant, we are not satisfied as indicated in the above that this application is appropriate. Therefore we must object to the application for the development of 20 housing units on the lands of Ballisk Common, Donabate, Co. Dublin

Corina Johnston

9