An Bord Pleanála
Inspector's Report
Appeal Reference: PL06D.243128
Development: Construction of a new 2-storey primary school and a new sports hall including ancillary accommodation and on-site parking at Parkvale, Balally, Dublin 14.
Planning Application
Planning Authority Dún Laoghaire-Rathdown County Council Planning Authority Reg. Ref. D13A/0670 Applicants: Department of Education & Skills Type of Application: Outline permission Planning Authority Decision: Refuse outline permission
Planning Appeal Appellants: (i) Department of Education & Skills (ii) James & Averil Leonard and others
Type of Appeal: First and third parties Observer(s): (i) Robert Daughton (ii) Wyckhan Place Management Ltd., Southmede Management Ltd. and Dundrum Point Management Ltd. Date of Site Inspections: 30 th May & 12 th June 2014
Inspector: Donal Donnelly
Appendices: Photographs and Maps
PL06D.243128 An Bord Pleanála Page 1 of 29 1. SITE LOCATION AND DESCRIPTION
1.1 The subject site is located in Balally in south Co. Dublin approximately 600m south of Dundrum town centre and 1.2km north-east of Ballinteer. The site is currently accessed off Sandyford Road (R117) and through the Parkvale housing estate.
1.2 The site measures approximately 5.21 hectares and comprises the grounds of St. Tiernan’s Community School. The existing secondary school is situated towards the south-east of the site near the access from Parkvale. Car parking is located around the school yard to the east of the school building. There are sports fields located to the north of the site extending west to the site boundary along Wyckham Way (R829).
1.3 The frontage onto Wyckham Way measures approximately 50m and comprises a stone wall with railing. There is a grass verge to the front of this wall and a ramped pedestrian access down to the River Slang Greenway. Wyckham Way is a dual carriageway at this location with total width of approximately 13m. There are bus lane road markings on the inner lanes in both directions but the bus lanes are not in operation. Two-way cycle lanes and footpaths also continue along both sides of the road. To the north-east of the frontage is a bridge over the Slang River and Greenway that carries the roadway, cycleway and footpaths.
1.4 Ballinteer Educate Together National School currently occupies a section of the ground floor of the northern wing of the Community School building on a temporary basis. It appears that the primary school has been operating at this location since September 2012. There is one senior infants’ class and two junior infants’ classes with a total enrolment of c. 55 pupils. The primary school is completely self-contained with its own entrance to the front and enclosed play area to the rear.
2. PROPOSED DEVELOPMENT
2.1 The proposed development as described on statutory notices is for (a) a new 2-storey primary school consisting of 16 mainstream classrooms, general purpose room, library, ancillary accommodation (approximately 2,350 sq.m.), associated on-site car parking, ball court and hard play areas; and (b) a new sports hall including ancillary accommodation (approximately 980 sq.m.) and associated on-site parking.
2.2 The planning application is for outline permission and therefore no plans or elevations of the proposed buildings have been submitted. The site layout plan shows the proposed primary school building set back from the road a distance of approximately 100m on land currently in use as sports fields. It is indicted that the proposed school will have 16 classrooms over two storeys.
2.3 The proposed sports hall is located further to the east and to the north-west of the secondary school building. This facility will serve St. Tiernan's with access being available to the proposed primary school and the wider community.
PL06D.243128 An Bord Pleanála Page 2 of 29 Outdoor ball courts are also proposed to the west of the proposed school building and between the sport hall and secondary school.
2.4 A new two-way vehicular access road to the primary school and sports hall is proposed off Wyckham Way. A one-way arrangement will be used to access school car parking (25 no. spaces) and the sport halls will also be provided with 25 no. spaces. Footpaths and cycleways are proposed either side of the access road and a pedestrian crossing will be located at a midway point.
2.5 The proposed signalised junction onto Wyckham Way will have left in/ left out only arrangement. A left turn lane is proposed into the junction with detection loops to allow for the traffic light sequence changes to be linked to traffic demand. A toucan crossing fed by existing relocated cycleways and footpaths will remain within the green phase under general circumstances. The red light phase at the toucan crossing will also allow for traffic to egress the site and this requires a red light phase on Wyckham Way for south-west bound traffic only.
3. TECHNICAL REPORTS
3.1 The recommendation to refuse outline permission, as detailed within the Planner's Report, reflects the decision issued by the Planning Authority.
3.2 Issues covered under the assessment of the application include development principle, visual amenity, access/ transport (existing St. Tiernan's entrance, proposed entrance, traffic impact assessment, bridge parapet), landscaping, services and drainage, water and waste services and other issues (impact on protected structures, flood risk assessment, energy efficiency, community facilities and development management threshold information document).
3.3 With respect to development principle, the Case Planner notes that education is open for consideration under the land use zoning objectives pertaining to the site. It is also considered that the proposed primary school and sports hall would accord with other policies and guidelines set out in the Development Plan and with national policies and guidelines.
3.4 The impact of the school on adjoining residential amenity would be considered in more detail at permission consequent stage. It appears that the intention is to retain trees on site and to strengthen planting. However, a landscaping plan and assessment of the level of screening would also be submitted at permission consequent stage.
3.5 In terms of access, the Transportation Department highlights that Wyckham Way is a newly constructed distributor road connecting Dundrum major town centre with the M50. This road was widened in 2006 and carries considerable traffic travelling at speeds well above the posted 50 kph. It is also stated that there are 2-way cycletracks and footpaths on both sides of Wyckham Way that are heavily trafficked by commuters, morning and evening; pedestrians/ cyclists use the nearby signalised crossing to avoid the large roundabout at the junction with Dundrum Bypass and the entrance to Dundrum town centre.
PL06D.243128 An Bord Pleanála Page 3 of 29 Wyckham Way has no vehicular entrances and it is stated that Council policy would normally seek to preserve its transport capacity. However, it is pointed out that an exception could be considered in this case which also offers a resolution to existing access problems through Parkvale.
3.6 The existing access to St. Tiernan's Community School is through Parkvale and it is noted that this gives rise to considerable traffic nuisance. Alternative accesses have been ruled out by the Department via Gort Mhuire, the existing traveller settlement, the protected walled gardens and through Ardglass, Dun Emer and Ballawley Park.
3.7 A left in/ left out access arrangement is proposed to the site off Wyckham Way. The Case Planner considers that these entrances are not optimal and tend to cause confusion.
3.8 With respect to the Traffic and Transport Impact Assessment, it is noted that PICADY has been used to model the performance of the proposed junction; however, it is stated that the effect of traffic signals do not seem to have been included in the analysis, which is seen to undermine the credibility of its conclusions.
3.9 It is also considered preferable to use actual arrival/ departure data from similar nearby schools and to take into account diverted traffic to the new entrance from the existing community school.
3.10 An assumption is made in the Planner's Report that one car would arrive and depart every 12 seconds over a period of 30 minutes. It is more likely that the majority of parents would arrive in the 10 minutes before school starts and it is considered that the proposed signals could not cope in this situation.
3.11 It is proposed to replace the mesh within the bridge parapet with a top railing supported by uprights to improve visibility from the proposed access. However, the Road Safety Audit submitted with Reg. Ref: D12A/0488 left some uncertainty as to whether the parapet could perform its intended function.
3.12 The Case Planner and Transportation Department conclude that the proposed access onto Wyckham Way, a heavily trafficked distributor road, would endanger public safety by reason of traffic hazard or obstruction of road users.
3.13 It is noted that no landscaping plan has been submitted with the planning application. Further information would be necessary with regards to water and waste services.
3.14 The proposed development adjoins a walled garden which is a protected structure and the application was not referred to the Conservation Officer for comment. An Architectural Heritage Impact Assessment would be required by the Planning Authority should a further application be submitted on site.
3.15 A number of flooding events have occurred in the Dundrum/ Ballinteer area relating to the River Slang, which bounds the subject site to the north. It is
PL06D.243128 An Bord Pleanála Page 4 of 29 considered that any future application should address the issue of flooding in an appropriate manner. It is also considered that the issue of energy efficiency should be addressed in any application for permission consequent to a grant of outline permission.
3.16 A need was identified within this geographical area for a primary school and the application site is desirable as it is in State ownership and would be linked to the existing post primary school. It is therefore considered that the proposal would comply with Section 16.5.5 (iii) of the Development Plan relating to community facilities.
3.17 The overall conclusion is that the proposal complies with the zoning objective but that the applicant has failed to overcome the previous reason for refusal on site. The applicant is advised to note the issues raised in the Planner's Report and to address these in any future application on site.
4. PLANNING AUTHORITY’S DECISION
4.1 Dún Laoghaire-Rathdown County Council issued notification of decision to refuse outline permission for the proposed development for the following reason:
“The proposed access onto Wyckham Way, a heavily trafficked distributor road, would endanger public safety by reason of a traffic hazard or obstruction to road users. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.”
5. APPEAL GROUNDS
5.1 A first party appeal and a third party appeal have been lodged against the refusal of permission on behalf of the applicant (Department of Education and Skills) and by parents of a child attending the existing primary school on site. The third party appeal is also made on behalf of the Parents' Association and is supported by the Chairperson of the Board of Management. This submission is accompanied by a Technical Note prepared by a consulting engineer. The grounds of appeal and main points raised in each submission can be summarised as follows:
First party – Department of Education and Skills
High density residential area is the ideal location for providing a school in sustainable planning terms as it encourages walking and cycling.
CSO small area statistics, 2011 reveals that there is a high proportion of families with children between 0-4 years of age in the area.
PL06D.243128 An Bord Pleanála Page 5 of 29 Over half of primary school children use sustainable methods of transport to travel to school, predominantly walking, according to the CSO statbank for Dublin.
A notable feature of this area is the high quality nature of pedestrian and cycle paths – this makes the site particularly attractive from a sustainability perspective and the presence of such infrastructure means that car based trips are likely to be less than most other primary schools.
The previous application on site was withdrawn at appeal stage and therefore this entire application has no legal standing in respect of the site.
DoES state that the primary school going cohort in the Ballinteer/ Stepaside school feeder area is expected to grow from some 3,929 pupils in 2013 to approximately 5,833 pupils in 2019.
Proposed school is needed to meet urgent need for school places and to underpin social development and cohesion within the community that has recently been established with the granting of a substantial number of residential units in the area.
School feeder area is fully built up with no alternative site possibilities. The Department owns the subject site and must maximise land use in its ownership in the tax payers' best interests.
Memo of Understanding entered into by the Department and the County and City Managers' Association sets out an agreed level of cooperation between the parties for the development of schools infrastructure.
There will be no vehicular link with the main car park in St. Tiernan's post- primary school, or indeed Parkvale Estate.
Proposed access off Wyckham Way is the only option open to the applicants.
Signalised junction at the proposed access will negate any need for sightlines to the right as traffic will be stopped.
There will be an internal zebra crossing and thus there is no necessity for children/ parents to cross at the new signal controlled junction – this junction will really only cater for external pedestrians/ cyclists.
School is located on the outbound lane of Wyckham Way – M50 might be a strong destination in the morning period but there is no specific destination in this direction in the afternoon period when school finishes.
School only generates traffic at two times in the day and only for short periods.
DoES are prepared to accept a condition requiring staggered opening times – opening times will be approximately 9am to 2pm for junior/ senior with 1 st to 6 th class finishing at 3pm.
PL06D.243128 An Bord Pleanála Page 6 of 29 According to the DoES, there is very little evening use of the primary school and traffic volumes would be low on Wyckham Way at this time.
There will be no net loss of amenity assets with the PE hall replacing the football pitch – new primary school can draw on the amenity synergies that will be created by its co-location with the post primary school.
TIA is based on very conservative estimates of 185 each way trips – there will be no capacity or queuing problems at the site in the opening (2014) and design (2029) years.
There were 5 no. issues identified in the Road Safety Audit; (i) relocated pedestrian crossing may be too close to junction, (ii) drivers exiting school may turn right, (iii) signalised arrangement at proposed toucan crossing (iv) mainline alignment may be too abrupt, and (v) taper length for left turn lane. All of these issues were addressed before the final design was submitted.
Mobility management plan aims to achieve an improved modal split for the journey to work at the day of opening and by a set target year.
Wyckham Way does not currently comply with DMURS instead acting as a car dominated barrier between communities. This road should be converted to a boulevard over time.
DoES would be open to a condition requiring the new school to become part of a programme to reduce car based trips to and from the school.
Site is located 460m from the Balally Luas stop and is adjacent to a future QBC – On this basis a total of only 16 no. car parking spaces are required.
Reason for refusal does not clarify specifically what traffic hazard or obstruction of road users is being referred to.
It is stated in the Transportation Report that 'an exception could be considered in this case because the primary school and sports hall are badly needed and could be provided on this site at a saving to the state.'
Intensification of the existing access through Parkvale would be unacceptable and the residents' desire for the new entrance off Wyckham Way to serve both schools would likely prove excessive.
Principle of an access off/ entrance onto Wyckham Way seems to be accepted by the Transportation Department.
Left in/ left out arrangements operate particularly well on dual carriageways with a side road with significantly lower traffic volumes, and are ideally located between roundabouts. Parents will be travelling to/ from the school on a daily basis and will be very familiar with the access arrangements.
PL06D.243128 An Bord Pleanála Page 7 of 29 Idea that visitors to the school will be confused by the left in/ left out arrangement is unfounded – Dundrum shopping centre has a similar type of access and has more frequent first time visitors.
Pedestrian flows drop significantly by 08:45 and 09:00 – when vehicular traffic is peaking, pedestrian traffic is some 63% below peak. Pedestrians would have relatively unhindered access past the junction during their peak (08:15 – 08:30).
Increasing the green light for vehicles at the peak 15 minutes by 7 seconds would allow an additional 3 cars enter/ exit per minute. Average pedestrian wait for peak time would be 18.5 seconds. At this sequencing, the entire 150 no. cars could enter the site in a 19 minute window.
Previous junction proposed under Reg. Ref: D12A/0488 was un-signalised and reliant on sight distances – proposed junction is signalised and the sightline issue is therefore entirely eliminated. Road Safety Audit for the proposed junction was passed.
Issues relating to potential rear end shunts, visibility being obscured by queuing and exiting vehicles blocking the footpath/ cycleway apply to the previously proposed junction arrangement.
There is no specific reference to safety issues particularly to the subject junction arrangement because there are none – Road Safety Audit was passed.
Traffic volumes on Wyckham Way are high at school times and traffic travels at slow speeds.
No Council policy has been identified by the Transportation Section stating that there are no vehicular entrances allowed onto Wyckham Way.
The proposed car park associated with the PE hall will serve to reduce the traffic impact on St. Tiernan's in the afternoon and evening periods. Proposal provides for a barrier in the form of a fence to prevent any access to St. Tiernan's from the proposed school.
PICADY was used to analyse the junction performance in a conservative manner and to give a relative indicator of the capacity of the geometry of the junction.
Figures used are robust and based on the 2011 Census as requested previously by the Transport Department.
Reinstatement of bus lanes would not have a negative impact on the proposed junction.
Barrier (fence) will prevent any pedestrian access between the schools and pupils will therefore have to enter via their respective schools. Gate of the PE hall will be closed in the morning to prevent drop offs to St. Tiernan's entering via Wyckham Way.
PL06D.243128 An Bord Pleanála Page 8 of 29 Full cycle lane and pedestrian connectivity is provided via a cycle lane and footpath on either side of the access road.
Adult education classes are not a feature of primary schools.
Applicant has no objection to a condition that the pedestrian access from Ardglass Estate shall remain open during construction works.
Third party – James & Averil Leonard and others
Ballinteer Educate Together was established in September 2012 with c. 55 pupils enrolled to date in 2 classes of junior infants and one class of senior infants.
School is currently being accommodated in St. Tiernan's in classrooms designed for post-primary school children which do not meet the minimum size requirements – conditions are generally cramped and facilities are limited.
Subject lands are effectively landlocked other than the existing Parkvale entrance and the proposed Wyckham Way entrance.
It is an unreasonable starting position for the Council to insist that the vehicular access onto Wyckham Way be designed so that full priority is given to pedestrians and cyclists crossing the junction – this is a fundamental impediment to designing a feasible vehicular access to the school whilst also ensuring that vehicular congestion and obstruction along Wyckham Way is minimised.
Pedestrian and cycle route along Wyckham Way is not some otherwise uninterrupted amenity corridor such as the Slang Greenway – it is an urban route that gives way to numerous existing side roads governed by the Rules of the Road.
There is no justification given by the Roads Authority for insisting that this particular stretch of footpath/ cycleway must have priority over cars at the proposed vehicular entrance. This junction would function in a way not expected of other road junctions along Wyckham Way.
Planning Authority did not elect to seek further information if they indeed considered there to be potential for providing a vehicular access at this location.
Appellants believe that a version of the original proposal for a simple left in/ left out junction arrangement is the most appropriate means of access subject to minor amendment.
Technical Note accompanying the appeal recommends a standard form of left in/ left out priority junction.
Provision of the junction, the turning traffic, the provision of the centre line bollards and ultimately the operation of the bus lane will all serve to reduce
PL06D.243128 An Bord Pleanála Page 9 of 29 traffic speeds southbound on Wyckham Way. A school entrance speed zone of 30kph could also be implemented during drop off/ pick up periods.
This proposal would provide for 90m clear visibility north for traffic exiting the site within this 50 kph speed restricted area subject to minor road works along Wyckham Way.
Council should consider additional traffic calming measures along this section of Wyckham Way to encourage better observation of the speed limit.
Flexible bollards have been effectively used in permanent situations in Dún Laoghaire Rathdown and elsewhere.
Pedestrian crossing on Wyckham Way will be c. 80m south of the proposed access and this should allow ample distance for emerging motorists to react and be aware of the crossing.
Appellants request that the Board grant outline permission for the development as proposed subject to condition to simplify the junction to a simple left in/ left out priority arrangement in accordance with the 'Two Way Cycle Track Crossing Side Road' as set out in the National Cycle Manual.
Board could exercise its powers under Section 131 of the Act to seek further submissions.
It is clear that the Parkvale entrance serves as the long established and sole means of vehicular access to the post primary school and associated lands.
Proposed development would naturally decrease the traffic volume utilising Parkvale as all existing and future primary school traffic would be redirected to the new entrance.
There will be no vehicular route connecting the schools; however, full pedestrian and cycle permeability across the lands is envisaged.
Any legacy issues with respect to the Parkvale access should not be allowed to hold up the much needed delivery of the school.
Proposal would make St. Tiernan's much more accessible to pedestrians and cyclists approaching from a broad westerly direction including the Slang Greenway. A second connection to the greenway could be formalised at the rear of Dun Emer Drive.
Percentage of car based journeys to primary school (62%) and secondary school (40%) are overstated with respect to these schools given their central location and provision of public transport and good cycle/ pedestrian routes.
PL06D.243128 An Bord Pleanála Page 10 of 29 Appellants acknowledge the preferable position of utilising an existing roundabout to gain access onto this important Regional Route – however, there is no alternative with respect to these lands.
There is no policy which restricts frontage development onto regional routes unlike national routes.
Design Manual for Urban Roads and Streets advocates a much more holistic approach to design and function of urban roads and streets to better meet the individual needs of local communities and to achieve a better balance between transport modes.
There is an existing left in/ left out arrangement to Greenmount Lane from Wyckham Way.
It is noted in the Development Plan that schools should effectively be integrated into neighbourhoods at locations where the opportunities to walk/ cycle are maximised.
New school and sports hall have potential for use by the wider community and this aligns fully with the ethos and established roots of both schools to integrate further into the social fabric of the surrounding community.
6. RESPONSES
Second party
6.1 The Transportation Department responded to the third party appeal with the following comments.
Wyckham Way is a heavily trafficked 4-lane road.
Road Safety Audit submitted with Reg. Ref: D12A/0488 noted that the observed speed of traffic on Wyckham Way is 60-70 kph.
It is the opinion of the Transportation Section that this is not a safe location for a primary school entrance.
Road Safety Audit also had concerns about the proposal to replace the existing bridge parapet with a 0.6m high concrete upstand while leaving the top railing and every second railing in place.
There is uncertainty as to whether the modified parapet could perform its intended function and also the extent of obstruction of the visibility splay.
Left in/ left out entrances are not optimal and tend to be confusing for visitors unfamiliar with the layout, who might be tempted to perform unsafe manoeuvres.
There will be conflict with pedestrians and cyclists in the 2-way cycletrack.
PL06D.243128 An Bord Pleanála Page 11 of 29 There are concerns about the proposed flexible bollards in the middle of Wyckham Way.
First party
6.2 The applicant's consulting engineers responded to the third party appeal with the following comments:
Applicant's consulting engineers proposed access arrangements similar to those now proposed by the third party under Reg. Ref: D12A/0488 – this proposal was not looked at favourably by the Roads Department as they were of the opinion that it may result in rear shunt type accidents for traffic travelling on Wyckham Way who may not anticipate the left turning manoeuvre.
Roads Department were of the opinion that a line of collapsible bollards to the median of Wyckham Way would encourage informal road crossing at the location by school going children.
Roads Department were concerned about the priority arrangement being maintained along the route for pedestrians and cyclists along the footpath and cycleway to Wyckham Way.
Applicant's consulting engineers subsequently amended the left in turning lane to take turning traffic off the main carriageway and designed a pedestrian/ cyclist crossing in accordance with 'Designing for Cyclists – A Good Practice.' This proposal was refused in February 2013.
Latest proposal includes an engineered traffic light solution which provides priority for pedestrians and cyclists under normal working conditions. Vehicles attempting to access the school site would be detected and would activate the traffic light system. Pedestrian access would also be restricted to a new central island through provision of barriers.
Applicant's consulting engineers are of the opinion that the current proposal has been designed to take into account all of the concerns of the Roads Department and provides an efficient and safe arrangement for the proposed school access.
There is no fundamental objection to the access junction proposed by the third party's consulting engineers and the applicant would have no objection should the Board wish to rule that this arrangement is acceptable.
7. OBSERVATIONS
7.1 Two observations on the appeals have been received by a resident of Parkvale, and on behalf of Wyckham Place Management Ltd., Southmede Management Ltd. and Dundrum Point Management Ltd.
PL06D.243128 An Bord Pleanála Page 12 of 29 7.2 The main points raised in each of these submissions are summarised as follows:
Robert Daughton, 42 Parkvale
The only existing access to the site is through Parkvale which was granted permission as a residential cul de sac development. At the time St. Tiernan's was under construction, there was provision for an independent entrance and roadway away from Parkvale Estate.
Temporary permission was given by the builder of the estate to have an entrance through a hedge at the north-western edge of the estate – protests of residents were ignored and are still being ignored.
Many opportunities were afforded to the Department to develop a proper entrance to the school ahead of major development in the area.
Nowhere in the submitted documents does it show the impact of the primary school/ sports hall on Parkvale Estate including the construction phase.
Sports facility would greatly enhance public usage in conjunction with the existing night school programme.
Implications of the proposal are that this temporary and unauthorised entrance is to remain as an access to an enhanced school complex.
Temporary hazardous entrance through Parkvale should be closed and a safe entrance should be built to the educational complex. This should be included as a condition of a grant of planning permission.
There are four suitable entrance routes to the school grounds at the originally planned route for entrance to the community school; at Gort Mhuire Avenue between the monastery and kitchen garden, or to the west of the kitchen garden; and between the block of apartments and the Traveller site.
Wyckham Place Management Ltd., Southmede Management Ltd. and Dundrum Point Management Ltd., c/o RFPM, Ulysses House, Foley St.
Observers support the decision of the Planning Authority to refuse permission.
From a land use perspective, it is imperative that access points onto the by-pass are strictly controlled or else the route will simply become a typical trafficked road, which therefore loses its function in the area.
Route has not been designed to accommodate the additional volume of traffic arising from the primary school and for the potential use by secondary school traffic.
PL06D.243128 An Bord Pleanála Page 13 of 29 Wyckham by-pass provides accessibility from the M50 to suburban areas and Dundrum town centre and is critical to the successful movement of traffic in the area – it should not be downgraded to a typical road with multiple access points.
Character of Wyckham by-pass has changed in recent years with 738 no. residential units directly adjoining and in close proximity to the proposed primary school.
Subject proposal would result in frequent additional traffic and pedestrian movements that would have a significant negative impact on residential amenity.
Application fails to overcome the previous reason for refusal under Reg. Ref: D12A/0488 as the proposal has not been fundamentally revised.
Need for the school is not a valid reason to grant permission when there are clear and serious issues of traffic and pedestrian safety.
Planning Authority could not grant permission for a school that does not have a functioning and safe method of access/ egress.
All three alternative options should be rejected as they propose the main point of access via Wickham by-pass.
Amelioration proposals to address any perceived shortcomings in the existing access point through Parkvale should be the focus rather than the already twice rejected alternative from Wyckham by-pass that has been proposed.
Solutions could be devised, either with an alternative access via Ballawley Park, or new internal road management arrangements within school grounds, including a controlled junction at the Parkvale entrance or a one- way system.
Claim that the school will only generate significant traffic at two intervals during the day is misleading as after-school use is accommodated within the application.
Traffic Impact Assessment clearly states that there is a much greater volume of traffic heading in the direction of the M50 in the afternoon than the morning.
Presence of junction would render bus lane ineffective upon reopening – cars would be forced to change lanes with very little room.
Observers question whether the proposed left turning lane could accommodate 8 cars waiting for a green light. If not, cars would protrude into the traffic lanes causing as unacceptable traffic hazard.
PL06D.243128 An Bord Pleanála Page 14 of 29 Most likely scenario is that the majority of cars will arrive in the 10 minutes before school starts and the resulting queuing would be an unacceptable hazard and result in significant congestion.
Pedestrians and cyclists will be inconvenienced as they currently have an unhindered obstacle free way from Wyckham Point to Sandyford Road/ Wyckham by-pass junction.
Waiting time for pedestrians will be 37 seconds in a minute.
Prioritising cars over pedestrians in traffic signals does not facilitate more sustainable travel patterns. Appellant makes no reference to cyclists of which there are 9 using the school side of Wyckham by-pass between 08:30 and 08:45 and another 9 between 08:45 and 09:00.
Planning Authority is not seeking full priority for pedestrians crossing at the proposed junction – combination of pedestrian and cycle movements would be untenable at busy times and result in traffic hazard.
Third party appellant claims that there are on average 5 pedestrians per minute passing by when the first party claims that there are 2 pedestrians per minute on average.
Scenario whereby secondary school pupils can arrive by Wyckham Way has not been assessed by the applicant.
8. PLANNING HISTORY
An Bord Pleanála Ref: RL3073
8.1 The Board decided on 13th June 2013 that the change of use from a secondary school to a primary and secondary school is not development at St. Tiernan’s Community School.
8.2 Ballinteer Educate Together National School currently occupies a section of the ground floor of the northern wing of the Community School building on a temporary basis since September 2012. Internally, the temporary primary school comprises approximately 4 no. rooms being used as classrooms and for other activities. The primary school is completely self-contained with its own entrance to the front and enclosed play area to the rear.
Dún Laoghaire Rathdown County Council Reg. Ref: D12A/0488 (PL06D.241729)
8.3 Dún Laoghaire-Rathdown County Council issued notification of decision to refuse outline permission to the Department of Education and Skills for the development of; (A) A new two-storey primary school consisting of 16 classrooms, general purpose room, library, ancillary accommodation (approx. 2,350 sq.m.) and external works including on site car parking, new non- signalised access off Wyckham Way, set down areas, ball courts, hard play
PL06D.243128 An Bord Pleanála Page 15 of 29 areas and site boundary treatments. (B) A new sports hall including ancillary accommodation (approx. 980 sq.m.) and on site car parking.
8.4 It was stated in the Council's reason for refusal that “the proposed access onto Wyckham Way, a heavily trafficked distributor road, would endanger public safety by reason of traffic hazard or obstruction of road users. The proposed development would therefore be contrary to the proper planning and sustainable development of the area.”
8.5 An appeal against the decision was withdrawn on 13th May 2013.
Dún Laoghaire-Rathdown County Council Reg. Ref: D11A/0517
8.6 The Board of Management of St. Tiernan's Community School was granted permission on 21st December 2011 for the erection of a school sign on the frontage to Wyckham Bypass, together with associated site works.
9. DEVELOPMENT PLAN
Dun Laoghaire-Rathdown County Development Plan, 2010-2016
9.1 Within the Dún Laoghaire-Rathdown County Development Plan, 2010, the majority of the subject site and has a zoning objective ‘A’ – ‘to protect and/ or improve residential amenity.’ A narrow strip to the north of the site along the River Slang Greenway is zoned ‘F’ – ‘to preserve and provide for open space with ancillary recreational features.’
9.2 ‘Education’ is ‘open for consideration’ under zoning objective ‘A’ and no building works are proposed on the ‘F’ zoned lands.
9.3 It is a policy of the Council ‘… to ensure the reservation of primary and post- primary school sites in accordance with the requirements of the relevant education authorities.’
9.4 Sustainable Travel & Transportation is covered under Section 12. It is Council policy '...to promote and encourage more healthy sustainable and environmentally friendly forms of transportation such as cycling and walking and to make the footway network accessible for all.'
9.5 Development Management Standards are outlined in Section 16 and with respect to community facilities including new school provision, regard will be taken of considerations such as:
Overall need in terms of necessity, deficiency and opportunity to enhance or develop local or community facilities;
Practicalities of site in terms of site location relating to uses, impact on local amenities, desirability, and accessibility;
Conformity with the requirements of appropriate legislative guidelines; and
PL06D.243128 An Bord Pleanála Page 16 of 29 Conformity with land use zoning objectives.
10. NATIONAL GUIDELINES
The Provision of Schools and the Planning System, 2008
10.1 This Code of Practice is built around the following three core objectives:
School provision should be an integral part of the evolution of compact sustainable urban developments where the opportunities to walk or cycle to school are maximised.
The provision of new schools should be driven and emerge from an integrated approach between the planning functions of the planning authorities and the Department of Education and Science.
Planning authorities will co-operate and coordinate with the Department of Educational and Science in ensuring the timely delivery of schools.
Design Manual for Urban Roads and Streets, 2013
10.2 The pedestrian and cyclist environment is covered under Section 4.3 of this manual (DMURS). In particular, it is noted that designers should ensure that the design of vehicle crossovers should clearly indicate that pedestrians and cyclists have priority over vehicles. Reference is made to Section 5.4 – Entrances and Driveways of the National Cycle Manual (2011) for further design guidance where cycle tracks are present.
10.3 The manual also states that designers must take a more balanced approach to junction design and in general should provide crossings, reduce kerb radii and have regard to context and function when selecting junction types.
11. ASSESSMENT
11.1 Ballinteer Educate Together National School was established in September 2012 and currently occupies a number of rooms within St. Tiernan’s Community School on a temporary basis. There is now one senior infants’ class and two junior infants’ classes with a total enrolment of c. 55 pupils.
11.2 Outline planning permission is sought for the construction of a 2-storey primary school and a new sports hall including ancillary accommodation and on-site parking all on the existing community school complex. The primary school building will provide permanent accommodation for the national school and the sports hall will serve St. Tiernan's with access being available to the proposed primary school and the wider community.
11.3 It is proposed to construct a new access to the proposed primary school and sports hall from Wyckham Way (R117) to the west via a signalised junction
PL06D.243128 An Bord Pleanála Page 17 of 29 and 2-way access road. The existing access to St. Tiernan’s off Sandyford Road and through the Parkvale housing estate will be maintained.
11.4 Dún Laoghaire Rathdown County Council issued notification of decision to refuse permission for the proposed development on the grounds that ‘the proposed access onto Wyckham Way, a heavily trafficked distributor road, would endanger public safety by reason of a traffic hazard or obstruction to road users.’ Permission was also refused by the Council previously for the same reason under Reg. Ref: D12A/0488 (PL06D.241729) for a similar proposal that included a non-signalised junction arrangement. This application was withdrawn at appeal stage.
11.5 First party and third party appeals have been lodged against the refusal of outline permission. Having considered the contents of the application, grounds of appeal, site context and observations from my site visit, I consider that this appeal should be assessed under the following:
Development principle;
Alternative access;
Third party proposal;
Pedestrian/ cycle survey;
Acceptability of proposed access; and
Other matters
Development principle
11.6 The majority of the appeal site is zoned 'A': 'to protect and/ or improve residential amenity.' All building works are proposed on this zone where ‘Education’ is open for consideration. A narrow strip of land to the north of the site along the River Slang is zoned ‘F’ - ‘to preserve and provide for open space with ancillary recreational features’ but will be unaffected by the proposed development.
11.7 It is stated in the Development Plan that uses which are ‘open for consideration’ may be permitted where a proposal ‘…would be compatible with the overall policies and objectives for the zone, would not have undesirable effects, and would otherwise be consistent with the proper planning and sustainable development of the area.’
11.8 I would be satisfied that the proposal to increase schools provision within an existing educational complex is consistent with the established use of the subject lands notwithstanding the zoning objective. In addition, I consider that there will be no adverse impacts on surrounding residential amenity arising from the proposed development. An apartment building and Traveller accommodation are situated to the south-west of the proposed school; however, there will be a reasonable degree of separation together with the
PL06D.243128 An Bord Pleanála Page 18 of 29 presence of mature boundaries to negate any potential impacts associated with noise or invasion of privacy.
11.9 With respect to the consistency of the proposal with the proper planning and sustainable development of the area, I consider that there are a number of factors which support the co-location of the primary and secondary schools within the one campus. There is potential for the sharing of facilities and better use of underutilised lands. It is submitted that the existing sports pitches where the development is proposed are rarely used and the proposal will allow for the primary school to have use of the proposed sports hall. The primary school can also act as a feeder school for the secondary school and there is the potential for continuation of movement patterns and shared journeys between siblings attending both schools. Furthermore, it is stated in the ‘Code of Practice on the Provision of Schools and the Planning Systems’ that the Department will ‘consider the use of multi-campus schooling arrangements in appropriate cases, e.g. 2 or 3 schools side by side; a primary and a post-primary school sharing a site; schools anchoring wider social and community facilities required in the same area.’
11.10 It is highlighted in the first party appeal that the school feeder area is fully built up with no alternative site possibilities. Moreover, the Department owns the subject site and must maximise land use in its ownership and in the tax payers' best interests. The first party appellant has presented evidence that there is a strong need for a primary school at this location. The CSO small area statistics reveal sizable numbers within the 0-4 years of age cohort in the surrounding area. It is submitted that the Ballinteer/ Stepaside school feeder area is expected to grow from some 3,929 pupils in 2013 to approximately 5,833 pupils in 2019.
11.11 Having regard to the above, I would agree that there is substantial evidence that a school is required at this location to meet an urgent need for primary school places. The site is surrounded by high and medium density residential development and there are live planning permissions in the immediate area for approximately 600 additional residential units. I would therefore be satisfied that there is an overall need in terms of necessity, deficiency and opportunity for the development of this facility at this location.
11.12 The outstanding issue to be resolved under this outline planning application remains the proposed access to the school which will be examined in detail under the following sections.
Alternative access
11.13 St. Tiernan’s Community School has been accessed since its inception approximately 30 years ago off Sandyford Road and through Parkvale housing estate. From my earlier investigations relating to a referral case at this location, it appears that when the secondary school was originally granted permission, the existing access was only as a temporary measure pending the provision of an alternative road access.
PL06D.243128 An Bord Pleanála Page 19 of 29 11.14 An observer on the appeal representing surrounding apartment developments considers that the proposed development should also be accessed through Parkvale. Some residents of Parkvale on the other hand are of the opinion that the entire campus should be accessed from the proposed access onto Wyckham Way.
11.15 Another observer on the appeal has put forward four alternative accesses to the site including the originally planned entrance off Sandyford Road and through Ballawley Park; at Gort Mhuire Avenue between the Monastery and kitchen garden; at Gort Mhuire Avenue to the west of the kitchen garden; or between the block of apartments and the Traveller site.
11.16 It is confirmed in the first party appeal submission that an in-depth study of access routes to the site was undertaken and it was found that there were no viable alternatives. Alternative routes through existing housing estates to the north and east were not examined owing to potential objections from residents. The route through the traveller site was discounted as it would require the relocation of the traveller community. The link through the Wyckham Place development was ruled out due to geometric restrictions and the route through the walled garden was deemed to be unfeasible as it would have to pass through a protected structure. The only other possible access route to the site was through Gort Mhuire; however, receipt of permission for this route was not guaranteed and it was concluded that it would attract high engineering costs. An observer on the appeal also commented that Wyckham roundabout was put in place to serve the residential units of the Wyckham development and there would be significant issues associated with adding the main access point to the school to that location.
11.17 The primary access identified in the study completed on behalf of the Department is via a new junction onto the Wyckham by-pass road directly to the west. Furthermore, it is confirmed within the first party appeal submission that the proposed access off Wyckham Way is the only option open to the applicants. In my opinion, the use of the existing access to St. Tiernan's would be wholly unsatisfactory having regard to the long standing issue with respect to its temporary status and the existing and potential increased impact on residential amenity.
11.18 I shall therefore proceed to assess the suitability of the proposed access as applied for. I do not consider that the proposed access should be disregarded on the basis of the presence of alternative means of access when these have been ruled out by the applicant.
Third party proposal
11.19 A third party appeal has been lodged by parents of a child attending the existing temporary primary school and on behalf of the Parents' Association, and supported by the Chairperson of the Board of Management.
11.20 An alternative access proposal off Wyckham Way is put forward within this submission which would see a version of the original proposal for a non- signalised left in/ left out junction arrangement as the most appropriate means
PL06D.243128 An Bord Pleanála Page 20 of 29 of access subject to minor amendment. A technical note accompanying the third party appeal explains that the provision of traffic bollards along the centre line would preclude right turning movements into/ out of the site. It is also submitted that the design principles outlined in the National Cycle Manual for a 2-way cycletrack crossing a side road can be applied in this situation. Traffic entering the site would do so from the left southbound lane and traffic exiting would avail of existing regular gaps in traffic. The proposal would require the removal of railing at the bridge and the replacement of the outside railing with a low level barrier.
11.21 The third party considers that this arrangement and ultimately the operation of the bus lane will serve to reduce traffic speeds southbound on Wyckham Way and that traffic calming could be accentuated through the provision of a school entrance speed zone of 30kph during drop-off/ pick up times.
11.22 The Transportation Department responded to the third party proposal by stating that there is uncertainty as to whether a modified bridge parapet could perform its intended function. The extent of obstruction of the visibility splay is also highlighted as a source of concern. The Transportation Department reiterates that left in/ left out entrances are not optimal and tend to be confusing. There are concerns with the proposed flexible bollards in the middle of Wyckham Way and with the potential for conflict between pedestrians and cyclists on the proposed 2-way cycletrack.
11.23 I would also have some concerns with proposals to implement a junction layout in accordance with the 2-way cycletrack crossing a side road, as illustrated in the National Cycle Manual. This arrangement requires cyclists with the main traffic flow to maintain main road continuity across the mouth of side road. Thus, southbound cyclists would travel on the outer lane with northbound cyclists travelling on the inner lane. This is the opposite of normal rules of the road were traffic and cyclists travel on the left hand side. The existing 2-way cycletrack is set up so that cyclists always travel on the left hand lane. In my opinion, it would be difficult to retrofit the arrangement suggested in the National Cycle Manual to this situation. This would require a switchover of lanes at some point, which would lead to confusion and potential conflict.
11.24 In addition to the above, I have concerns in this situation with level of visibility afforded to the outer lane (southbound) cyclist of left turning vehicles approaching from behind. As the cyclist approaches the junction, he/she is forced to look over their right shoulder for left turning vehicles. I find this to be a difficult action when forward visibility of the junction should also be maintained. By contrast, the proposal the subject of the current outline planning application sees the junction crossover for cyclists controlled by traffic signals and set back from the main roadway.
11.25 With respect to the proposed junction within the outline planning application, the Transportation Department is concerned with the potential for rear shunting. I shall examine this in more detail below. I would be of the view, however, that the junction arrangement proposed by the third party would have greater potential for rear end shunting in view of the tight corner radii
PL06D.243128 An Bord Pleanála Page 21 of 29 and the slows speeds with which vehicles would have be make the left turn. This would also be exacerbated by left turning vehicles yielding to cyclists continuing straight on in both directions. The third party's proposal affords a degree of priority for cyclists and this will inevitably lead to vehicles stopping on Wyckham Way.
11.26 Overall, I consider the junction layout put forward by the third party to be unsatisfactory. This proposal would also require clear sightlines to the right for emerging vehicles and I note the Transportation Department's concerns regarding flexible bollards and with pedestrian/ cyclist conflict.
Pedestrian/ cycle survey
11.27 A full transport survey was undertaken in April 2013 by the applicant's consulting engineers. A total of 280 pedestrians were observed during a Wednesday morning peak (08:00-09:00), predominantly associated with commuters walking to Balally Luas stop. Only 45 pedestrians were observed during the afternoon schools peak hour. A total of 45 cyclists were observed during the am peak and just 3 during the pm peak hour.
11.28 I conducted a pedestrian/ cycle survey, the results of which are presented below:
Time: 08:00-08:14 08:15-08:29 08:30-08:44 08:45-08:59
Mode: Ped Cyclist Ped Cyclist Ped Cyclist Ped Cyclist
NE-bound 64 6 90 4 77 9 45 7 (near side) NE-bound 6 5 15 9 20 7 12 12 (far side) SW-bound 3 0 5 2 5 3 4 2 (near side) SW-bound 1 0 1 0 0 0 0 1 (far side)
11.29 The survey was undertaken at the proposed access on Wyckham Way on Thursday 12 th June 2014 on a dry, bright and calm morning with the temperature at around 15 degrees. Conditions were therefore ideal for walking/ cycling.
11.30 Traffic volumes on Wyckham Way were quite heavy but fast moving and comprised mostly of cars. The day of the survey was within term time for primary schools but during exam time for secondary schools. Some of the passing pedestrians were secondary school pupils and the survey would have been conducted during the primary school drop-off period and morning peak period.
11.31 In my opinion the most obvious result of my survey is the high volumes of passing pedestrians. A total of 293 pedestrians passed the proposed access on the near side of the road during the hour of the survey. Around 94% of these movements were in the direction of Dundrum Shopping Centre/ Balally
PL06D.243128 An Bord Pleanála Page 22 of 29 Luas (north-east). The peak 15 minute period was between 08:15 and 08:29 when an average of 6 pedestrians per minute passed. Volumes then fell quite dramatically and after the survey period; I observed that there were relatively few pedestrians passing between 09:00 and 09:30. Clearly, the pedestrian peak period is quite concentrated within the hour of my survey.
11.32 A total of 33 cyclists passed by on the near side during the hour of the survey. A small number of these cyclists used the pedestrian crossing to the south- west of the proposed access to cross from the western side of Wyckham Way to the same side as the proposed access. On the opposite side of the road, 34 cyclists passed with 33 of these heading north-east. It is likely that cyclists on this side of the road would be making a left turn off Wyckham Way at the roundabout in the direction of the city centre.
11.33 The survey I undertook and the applicant's survey both confirm that there are high volumes of pedestrians passing on the near side during the morning peak hour. The applicant's survey was continued on to 09:30 and during the period 09:00 to 09:15 only 24 pedestrians passed in both directions. Between 09:15 and 09:30 the number had fallen to 17.
Acceptability of proposed access
11.34 The principles, approaches and standards set out in the DMURS apply to the design of all urban roads and streets with a speed limit of 60 km/h or less. I consider therefore that this Manual is relevant to the current planning application where a new access has the potential impact on the usability of the street by pedestrians and cyclists.
11.35 This Manual seeks to provide guidance on how to approach the design of urban streets in a more balanced way. It sets out an integrated approach to promote better street design by slowing traffic speeds and by encouraging careful place making, quality public realm and walking and cycling. In view of this, I consider that the Transportation Department is correct to insist that vehicles entering or exiting the school shall give way to the substantial flow of pedestrians and cyclists coming from both directions.
11.36 The proposed signalised junction onto Wyckham Way will have left in/ left out only arrangement. A left turn lane is proposed into the junction with detection loops to allow for the traffic light sequence changes to be linked to traffic demand. A toucan crossing fed by existing relocated cycleways and footpaths will remain within the green phase under general circumstances. The red light phase at the toucan crossing will also allow for traffic to egress the site and this requires a red light phase on Wyckham Way for south-west bound traffic only.
11.37 The Transportation Department assume that 150 cars will arrive and depart in the 30 minutes before school starts equating to one car arriving and departing every 12 seconds. In a 60 second cycle time, it is stated that pedestrian/ cyclist and main road traffic would get 30 seconds at the very best. However, it is pointed out that the majority of parents will drop off children in the 10
PL06D.243128 An Bord Pleanála Page 23 of 29 minute period before school starts and in these circumstances, the proposed signals simply could not cope with the number of vehicles arriving at this site.
11.38 The first party appellant stated in response to the Transportation Department's calculations that an increase of the green light phase at the 15 minute peak period by 7 seconds would allow an additional three cars to enter/ exit per minute. The average pedestrian wait for peak time would therefore be 18.5 seconds and the entire 150 no. cars could enter the site in 19 minutes at this sequencing. An observer on the appeal however questions whether the proposed left turning lane could accommodate 8 cars waiting for a green light. If not, cars would protrude into the traffic lanes causing as unacceptable traffic hazard on Wyckham Way.
11.39 Any access at this location will cause some degree of inconvenience for all modes of transport. In terms of interference with existing movement patterns, it is most important, in my opinion, to assess the impact of the proposed access on pedestrians/ cyclists, followed by buses and then finally private transport.
11.40 In my view, the only way to maintain free flowing conditions for all modes of transport through a junction at this location would be to provide some form of grade separation for pedestrians/ cyclists. It may be difficult to provide an underpass beneath a vehicular junction to include a pathway that returns to the level of the bridge with a reasonable gradient. This alternative has not been examined but I consider that it would be difficult to engineer.
11.41 The proposed access, in my view, offers the best solution in terms of maintaining pedestrian/ cycle priority. I disagree with the approach of the third party that a junction with some degree of pedestrian priority represents a fundamental impediment to designing a feasible vehicular access to the school, whilst also ensuring that vehicular congestion and obstruction along Wyckham Way is minimised.
11.42 It would appear that queuing into the school in the morning peak may back out onto Wyckham Way at times. A left turning lane into the site is proposed. However, this lane is approximately 20-25m long and could only accommodate four stationary cars. As noted by the observers, eight cars waiting on a green light would protrude onto the Wyckham Way.
11.43 I would be more concerned with cars protruding into Wyckham Way causing inconvenience for bus users in the event that the bus lane at this location returns into operation. However, an operational bus lane would mean that traffic in the lane would only comprise of buses and vehicles entering/ egressing the school.
11.44 The situation would be more critical if Wyckham Way was a single carriageway with queuing traffic blocking the road completely. There is the opportunity for vehicles to move to the outside lane and around queuing traffic; however, this would be undesirable in terms of traffic safety. The issue of queuing could be eliminated altogether if traffic signals were omitted; however, this would give rise to unacceptable inconvenience to pedestrians/
PL06D.243128 An Bord Pleanála Page 24 of 29 cyclists and traffic priority which would be against the spirit of DMURS. In my opinion, it is no longer acceptable to base a planning decision primarily on the basis of the convenience of car users. The introduction of DMURS attempts to change the mind-set within the urban environment from a car dominated culture to one where the private motor car is placed at the bottom of the transport hierarchy.
11.45 Notwithstanding the above, I consider that some kind of balance could be achieved through careful management of signal timings and school commencement times. It is stated in the first party appeal that the applicant is prepared to accept a condition requiring staggered opening times. Opening times will be approximately 9am to 2pm for junior/ senior infants with 1 st to 6 th class finishing at 3pm. I am aware of an Educate Together primary school in south Dublin commencing at 09:20 and I consider that a 20 minute delay in school opening times may help to reduce pedestrian/ cyclist and traffic conflicts. As noted above, I observed that pedestrian numbers fall dramatically in the morning after 9am and this was also confirmed in the applicant's survey. If the majority of traffic began arriving at the school from 9am onwards, I consider that the traffic signals could be fined tuned in favour of cars over the short period of the school drop off. This would allow for vehicles to enter the site without tailbacks onto Wyckham Way and without maximum inconvenience to pedestrians/ cyclists and bus users.
11.46 I have no objection to the proposed traffic signals on Wyckham Way to allow vehicles to egress the school site. There is potential difficulty with providing adequate sight lines to the right for egressing traffic and this problem would be eliminated with traffic signals. I noted also from my site visit that traffic on Wyckham Way tended to travel above the 50 kph speed limit. This was also confirmed by the Transportation Department. The proposed traffic signals, and the junction itself and associated signage and road markings will introduce a level of traffic calming, which I consider to be necessary on this route.
11.47 I acknowledge that Wyckham Way is a highly trafficked regional road that acts as one of the main arteries to/ from the M50. However, I would be of the opinion that the accommodation of traffic volumes and convenience for car users should not be at the expense of essential social and community infrastructure. There are alternative modes of transport available for the majority of urban car journeys; however, the provision of primary school places is critical in this case having regard to the surrounding demographic profile. It should be recognised that primary schools are open 183 days in the year and that the critical peak period in the morning lasts for a relatively short period. The appeal site also has the advantage of being located next to a greenway and in close proximity to high quality public transport. Thus, there are good opportunities to access the school through sustainable modes.
11.48 A conflicting issue arose between first and third parties regarding access between the primary and post primary schools. It is stated in the first party appeal that a barrier (fence) will prevent any pedestrian access between the schools and pupils will therefore have to enter via their respective schools; the gate of the PE hall will be closed in the morning to prevent drop offs to St.
PL06D.243128 An Bord Pleanála Page 25 of 29 Tiernan's entering via Wyckham Way. Conversely, the third party appellant submits that the proposal would make St. Tiernan's much more accessible to pedestrians and cyclists approaching from a broad westerly direction, including the Slang Greenway, and that a second connection to the greenway could be formalised at the rear of Dun Emer Drive.
11.49 I agree that pedestrian permeability and connections should be maximised and that access routes should have full regard to pedestrian/ cyclist desire lines. However, I recognise the danger in this case of parents of children in the secondary school using the Wyckham Way access if there was pedestrian access between schools. Similarly, the Parkvale access may be used by vehicles dropping off at the primary school. On balance, however, I consider that the benefits of pedestrian permeability outweigh the possibility of one school using the other school’s vehicular access. Increased pedestrian access offers the possibility of reduced traffic impacts on the Parkvale residential estate and I consider that an access management strategy could be submitted as a condition of any grant of permission to control vehicular access to respective schools.
Other matters
11.50 A number of other issues were raised in the Planner's Report, some of which relate to any application for permission consequent of a grant of outline permission.
11.51 In terms of visual amenity, the design of the proposed school building and hall would be agreed at permission consequent stage. Similarly, a detailed landscaping plan for the site should be prepared for this stage.
11.52 The Water and Waste Services Department requested that further information should be sought from the applicant in relation to Sustainable Urban Drainage Systems. In my opinion, any outstanding drainage issues can be addressed by way of condition.
11.53 I also consider that a Flood Risk Assessment and Architectural Heritage Impact Assessment could be submitted as a condition of this permission or at permission consequent stage. I do not consider that there are fundamental matters in this regard that would otherwise force a change of opinion on the proposed development.
Appropriate assessment
11.54 Having regard to the nature and scale of the proposed development and/ or the nature of the receiving environment and/ or proximity to the nearest European site, no appropriate assessment issues arise and it is not considered that the proposed development would be likely to have a significant effect individually or in combination with other plans or projects on a European site.
PL06D.243128 An Bord Pleanála Page 26 of 29 Conclusion
11.55 The Transportation Department highlights that Wyckham Way is a high capacity transport corridor and that it is Council policy to preserve its capacity by preventing additional vehicular accesses. However, it is also stated that an exception could be considered in this case because the primary school and sports hall are badly needed and could be provided on this site at a saving to the State.
11.56 In my opinion, the site is under-utilised and can accommodate an additional school. There may be benefits associated with co-locating schools on the one campus and there is an established educational use on site. I consider that the site is highly accessible by all modes of transport and has good potential to encourage sustainable access patterns.
11.57 Clearly, the proposal will cause some inconvenience for motorists on Wyckham Way, which is intended to function as a high capacity corridor. It is recognised that cars tend to travel on this road above the speed limit and the proposed access to the school provides the opportunity to calm traffic at this location.
11.58 The eastern side of Wyckham Way also experiences high volumes of pedestrians passing in the direction of Dundrum shopping centre and Balally Luas station. I observed that this movement pattern is quite concentrated into the peak hour. Thus, I consider that disruption to pedestrians/ cyclists can be minimised by delaying the school opening time to 09:20. I consider that this can be enforced by way of condition.
RECOMMENDATION
I have read the submissions on file, visited the site and paid due regard to the provisions of the current Dún Laoghaire-Rathdown County Development Plan. I recommend that outline planning permission be granted for the development based on the reasons and considerations hereunder and subject to the conditions set out below.
REASONS AND CONSIDERATIONS
Having regard to the zoning objective, the need for a primary school in the area, the highly accessible location of the site and the pattern of development in the area, it is considered that, subject to compliance with conditions below, the proposed development would not seriously injure the visual amenities of the area or residential amenity of property in the vicinity and would be acceptable in terms of traffic safety and convenience. The proposed development would, therefore, be in accordance with the proper planning and sustainable development of the area.
PL06D.243128 An Bord Pleanála Page 27 of 29 CONDITIONS
1. This grant of outline permission is only for the principle of development of a school and associated facilities on the site. This grant shall not be construed as acceptance of any particular design, layout, heights of structures or other particulars submitted.
Reason: In the interest of clarifying the scope of this outline permission.
2. Prior to commencement of development, the applicant shall submit details of the hours of opening of the school to the Planning Authority for written agreement. The primary school shall not open before 09:20 hours.
Reason: In the interests of traffic safety and convenience.
3. Access, drop-off and parking shall be further detailed at permission consequent stage. In particular, measures to:
(i) Prevent vehicular access to the existing post primary school from Wyckham Way;
(ii) Prevent vehicular access to the proposed primary school from Parkvale;
(iii) Implement full pedestrian and cycle permeability throughout the site and connections to external footpaths/ cycleways;
(iv) Adjust traffic light timing and sequencing in response to pedestrian/ cyclist, bus and traffic demand;
(v) Restrict and prevent unsafe drop-off and parking on the public road, footpath and bus lane outside the application site;
(vi) Encourage safe and adequate drop-off facilities within the application site;
(vii) Ensure sufficient car parking;
(viii) Ensure adequate provision of cycle parking.
Reason: To prevent the creation of traffic congestion at this location and in the Interests of proper planning and sustainable development of the area.
4. The applicant shall implement the measures set out in the submitted Mobility Management Plan, in accordance with the requirements of the planning authority.
Reason: In the interest of sustainable transport management.
PL06D.243128 An Bord Pleanála Page 28 of 29 5. The internal road network serving the proposed development including turning bays, junctions, parking areas, footpaths and kerbs shall comply with the detailed standards of the planning authority for such road works.
Reason: In the interests of amenity and of traffic and pedestrian safety.
6. The following information shall be submitted with planning application for permission consequent to the outline permission:
i. A landscaping plan ii. A Flood Risk Assessment iii. An Architectural Heritage Impact Assessment
Reason: In the interests of orderly development.
7. All service cables associated with the proposed development (such as electrical, television, telephone and public lighting cables) shall be run underground within the site.
Reason: In the interest of orderly development and the visual amenities of the area.
8. All details of foul and surface water drainage shall be submitted with the application for permission consequent.
Reason: In the interest of public health and to ensure a proper standard of development.
9. Site development and building works shall be carried only out between the hours of 07.00 to 19.00 Mondays to Fridays inclusive, between 08.00 to 14.00 on Saturdays and not at all on Sundays and public holidays.
Reason : In order to safeguard the amenities of property in the vicinity.
Donal Donnelly Inspector 17 th June 2014
PL06D.243128 An Bord Pleanála Page 29 of 29