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An Bord Pleanála Ref.: PL.73.242895 An Bord Pleanála Inspector’s Report Development: Permission for development comprising of 60 dwellings comprising of 18 no. 3 bed 2 storey semi-detached dwellings, 30 no. 4 bed 2 storey with roof space accommodation semi-detached dwellings, 11 no. 4 bed 2 storey detached dwellings and 1 no. detached bungalow, relocation of previously proposed footpath/cycle track on canal bank off the canal bank and all ancillary site works. Site Address: Naas West, Naas, County Kildare Planning Application Planning Authority: Naas Town Council Planning Authority Reg. Ref.: 13/500055 Applicants: Le Monde Holdings Ltd. Type of Application: Permission Planning Authority Decision: Grant Permission Planning Appeal Appellant: Joseph Bergin Caragh Court Residents Association Type of Appeal: Third Party V Grant Observers: None Date of Site Inspection: 16th April 2014 and 21st August 2014 Inspector: Joanna Kelly Appendices: Appendix 1 Site Location Map Appendix 2 Photographs and Site key Plan PL.73.242895 Page 1 of 56 An Bord Pleanála 1.0 INTRODUCTION This appeal pertains to both a first and third party appeal. Two third parties have appealed against the decision of Naas Town Council to grant permission for a residential development. The First Party has appealed six conditions as set out in the notification of the grant of permission. 2.0 SITE DESCRIPTION 2.1 The appeal site has a stated site area of 4.88 hectares and is located in a predominantly residential area in west of Naas town. The site is a greenfield site, which bounds the Grand Canal to the south and south-east. 2.2 There is currently no vehicular access to the site. It is proposed to access the site via The Old Caragh Road, which contains a cycle path and a single carriageway for vehicles. This road is a cul-de-sac with only pedestrian and cycle access over the Ploopluck Bridge. Access to the Old Carragh Road is via a roundabout that is located on the New Caragh Road that serves a relief/link road to more recent housing developments in the town. It was noted at time of inspection there is a childcare facility located along the Old Caragh Road. 2.3 The appeal site is generally flat with evidence of reeds growing closer to the Canal. There are existing trees along the Canal boundary. There is an existing timber post and rail fence along the western boundary, which separates the existing residential housing with the site. There are also existing hedges/trees along this boundary. 2.4 It was observed during inspection that there appears to be an informal pedestrian link from Caragh Green to the Ploopluck bridge that is used by many pedestrians. Ploopluck bridge is a masonry bridge providing access over the canal to a large residential area including St. Gabriel’s Place and provides a pedestrian link to the town centre. 2.0 DESCRIPTION OF PROPOSED DEVELOPMENT The applicant is seeking permission to construct 60 no. dwellings. Six different house types are proposed as follows:- House type A is a two storey semi-detached, three bedroom dwelling with a total floor area of approximately 115sq.m. This dwelling has an overall height of approximately 9.3m. House Type B is a three storey semi-detached, four bedroom dwelling with a total floor area of approximately 143sq.m. These units have an overall height PL.73.242895 Page 2 of 56 An Bord Pleanála similar to that of house type A but incorporate a dormer window on the roof plane. House type C/D consists of two storey three bedroom semi-detached dwellings. Type D is a dual aspect dwelling. The floor area for each unit is approximately 115sq.m. House type E is a two storey detached four bedroom unit with a total floor area of approximately 149sq.m. The overall height of this unit type is approximately 9.4m. House Type F is a detached four bedroom unit with an overall height of 9.3m. The unit is dual aspect. It is proposed to connect to the public utilities to service this development. 3.0 TECHNICAL REPORTS 3.1 Planning report The first planning report noted concerns raised in objections to the proposed development regarding inter alia, access through open space lands representing a material contravention, ground water issues, surface water drainage, roads access, absence of an LAP. The first report recommended a further information request regarding open space, rationale for the proposed development given the zoning of the lands through which it is proposed to access the site, traffic impact assessment and heritage issues. The subsequent planning report dealt with the response to further information and recommended that permission be granted for the proposal subject to conditions. The further information submitted was considered significant and revised public notices were requested. 3.2 Water Services A memo was prepared which made reference to previous reports prepared for an application that was withdrawn by the application File ref. No. 12/500042. It is set out that the Water Services department requested further information and clarification of FI in respect of that file and then recommended conditions to be attached to a grant of permission. It is set out that since January 2014 planning applications seeking a condition to mains water and wastewater are conditions that such connection agreement should be sought from Irish Water. PL.73.242895 Page 3 of 56 An Bord Pleanála 3.3 Environmental Report No objection to the proposal and conditions recommended. 3.4 Heritage Officer Details of protective landscaping measures to be undertaken should be submitted. It was requested that bat surveys be completed and incorporated into findings of Ecological Impact Assessment. No surface water shall drain to the Grand Canal during construction or post construction. Subsequent report to FI received set out that all mitigation measures contained in the ecological impact assessment should be attached as a grant of permission. 3.5 Conservation Officer No objection to the proposed development subject to condition that a set back and landscape screening zone is put in place to minimise the impact of the development on the setting and curtilage of the bridge and canal. 3.6 Senior Executive Engineer – Transportation Applicant required to submit a Traffic Impact Assessment taking into account crèche and Caragh Estate traffic volumes. Roads widths and curve radii at road junctions were to be agreed. Cross sections of cycle paths to be provided and clarification sought whether there is an entrance or turning bay shown opposite house no. 8 and 9. There is a similar report dated two days after the first noted on the file. Subsequent report set out that transportation department has no objection to proposal subject to conditions. There is a memo on file from the Acting Town Clerk to a Staff Officer in Planning regarding the imposition of the standard Part V condition on the basis that there was no agreement in place. 3.7 Inland Fisheries The proposed development is located within the catchment of the River Liffey, one of the foremost salmonid fisheries in this region. The River Liffey is exceptional among most rivers in the area in supporting Atlantic salmon and sea trout. This highlights the sensitivity of local water courses and the Liffey catchment in general. The Council has recently refused permission for development in the area based on no capacity in the Osberstown WWTP. The IFI must adopt a precautionary approach in order that the River Liffey is protected. It should also be highlighted that the Osberstown WWTP PL.73.242895 Page 4 of 56 An Bord Pleanála discharges effluent into the River Liffey upstream of the abstraction point for potable water at Leixlip. If firm dates are available for the upgrade in this scenario IFI would accept a permission based on binding conditions that occupancy and operation by the applicant will be dependent on the commissioning of the upgraded plant i.e. only when additional capacity is available and projected effluent loads could be treated to an acceptable level at Osberstown WWTP with no threat of a deterioration in biological quality in receiving water. 4.0 PLANNING AUTHORITYS DECISION The Planning Authority granted permission for the development subject to 59 conditions: Condition 1 Compliance with plans and particulars Condition 2 Construction in accordance with revised layout plan Condition 3 External finishes Condition 4 Phasing and landscaping details to be submitted Condition 5 Open spaces Condition 6 Boundary and signage details Condition 7 Bathroom windows to be obscured Condition 8 Top soil on open space Condition 9 Landscaping Condition 10 No security gates to development Condition 11 Naming proposals Condition 12 Undergrounding of cables Condition 13 Construction parking Condition 14 Restriction of use Condition 15 No attic space to be converted without permission Condition 16 Satellite dishes Condition 17 Ecological Impact Assessment Condition 18-28 Road, parking, lighting and general construction conditions PL.73.242895 Page 5 of 56 An Bord Pleanála Condition 29 Details of road improvements works from Caragh road roundabout to be submitted. Condition 30 Detail of roads to be submitted Condition 31 Access to site for construction traffic Condition 32-54 Conditions regarding drainage, water and construction works Condition 55 Bring bank and refuse areas Condition 56 Environmental Audit Condition 57 Part V Condition 58 Bond Condition 59 Financial contributions 5.0 APPEAL GROUNDS 5.1 First Party appeal This appeal pertains to six conditions as set out in the notification of the grant of permission and is summarised as follows: • The appeal is solely concerned with Conditions 15, 16, 35, 36, 54 and 59 respectively. • With regard to condition 15 that no attic space shall be converted for habitable accommodation it is set out that a number of houses are designed to have habitable space in the attic which has been approved and the wording of the condition is misleading and ambiguous.

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