S. 4(1) of Planning and Development (Housing) and Residential Tenancies Act 2016 Inspector’s Report ABP-308943-20 Strategic Housing Development 333 no. residential units (121 no. houses, 212 no. apartments), creche and associated site works. Location Capdoo and Abbeylands, Located west of River Liffey, east of the Brooklands Housing Estate and North of the Abbey Park and Alexandra Walk Housing Estates, Clane, Co. Kildare. (www.kda1clane.com). Planning Authority Kildare County Council Applicant Westar Investments Ltd. Prescribed Bodies An Taisce. Inland Fisheries Ireland. Irish Water ABP-308943-20 Inspector’s Report Page 1 of 117 Observer(s) Robert and Deirdre Johnson Adam and Karen Malin Annette Lee & Cathal O Leidhin Anthony Martson Claire & Alan Waters Cllr Aidan Farrelly Cyril Creaven Donna and Karl Barry Ibar Murphy Imelda Winters & Mark Winters John Paul & Ailish Cooney Liam Reilly Cllr Padraig Mc Evoy Paul Carroll Philip Donnelly Ronan Connolly Cllr Tim Durkan Date of Site Inspection 15th of February 2021 Inspector Karen Hamilton ABP-308943-20 Inspector’s Report Page 2 of 117 Contents 1.0 Introduction .......................................................................................................... 4 2.0 Site Location and Description .............................................................................. 4 3.0 Proposed Strategic Housing Development .......................................................... 4 4.0 Submission from the Chief Executive (C.E) of Kildare County Council ................ 5 5.0 Third Party Submissions .................................................................................... 11 6.0 Planning History ................................................................................................. 19 7.0 Section 5 Pre-Application Consultation .............................................................. 21 8.0 Relevant Planning Policy ................................................................................... 24 9.0 Prescribed Bodies .............................................................................................. 31 10.0 Oral Hearing Request ................................................................................. 33 11.0 Appropriate Assessment ............................................................................. 34 12.0 Environmental Impact Assessment (EIA) .................................................... 39 13.0 Assessment................................................................................................. 57 14.0 Recommended Board Order ..................................................................... 101 ABP-308943-20 Inspector’s Report Page 3 of 117 1.0 Introduction This is an assessment of a proposed strategic housing development submitted to the Board under section 4(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016. 2.0 Site Location and Description The development site (c.10.36 ha) is located to the north east of Clane town, Co Kildare. The River Liffey is located along the east of the site. The site comprises of several agricultural fields and there are a substantial amount of trees and hedging throughout the site. The site is bound along the south and south west by several existing residential areas, namely Brooklands, Abbey Park and Alexandra Walk housing estates. The site is currently accessed via the R403 Celbridge - Prosperous Road through the Brooklands Housing Estate. The internal road network of the Brooklands Housing Estate has been designed to allow future access into the subject site. An informal pedestrian access is currently possible from Alexandra Walk. There is a formal riverside walk along the open space of Alexandra Walk along the River Liffey. 3.0 Proposed Strategic Housing Development The proposed development would comprise of 333 no. residential units, the construction of a childcare facility, a communal/community building and the provision of 3 new vehicular/ pedestrian accesses points. Key Parameters Parameter Site Proposal Gross Site Area Gross 10.36 ha ( Net 7.8 ha minus Strategic Open Space zoned lands) Residential Units 333 no. units 121 no. dwellings, 20 no. maisonette units, 48 no. duplexes and 144 no. apartments. Apartment Blocks 5 no apartments blocks (A, B, C, D & F) ABP-308943-20 Inspector’s Report Page 4 of 117 Childcare facility Located on the Ground floor of Apartment Block F (485m2) Density 41 units per hectare Height 4 storeys for apartment blocks Public Open Space 34% and includes the Strategic Open space along the River Liffey. Car parking 575 no. spaces 242 for the dwellings & 256 for apartments/ duplex Cycle Parking 311 no cycle spaces 300 for apartments & 11 for the childcare Dual Aspect (apartments) >50% (Block A- 50% , Block D 67%) Unit Mix Units Dwellings Apartments Total Percentage 1-bed - 37 37 11% 2- bed 23 143 166 50% 3- bed 78 32 110 33% 4-bed 20 - 20 6% Total 121 212 333 100% 4.0 Submission from the Chief Executive (C.E) of Kildare County Council A submission to the SHD application was received from the C.E of Kildare County Council on the 19th of February 2021 and includes a summary of the development plan policy, relevant site history, summary of the submissions received, the opinion of the Elected Members, the interdepartmental reports and the planning assessment of the proposed development. A refusal of permission is recommended based on the population allocation and the core strategy, and the location of the vehicular route through F2, Strategic Open Space, zoned lands, further detailed below. ABP-308943-20 Inspector’s Report Page 5 of 117 A list of recommended conditions was not received from the PA although the interdepartmental reports include recommended conditions from the different sections of Kildare County Council. The submission has been summarised below. Views of elected members The views of the elected members are presented in Appendix B of the C.E Report and are summarised below: • A SHD proposal has been previously refused by ABP and this reason has not been addressed. • The Core Strategy figures have changed since the previous application. • There are two separate current planning applications for the site. • The carbon effect and lack of public transport is a major concern. • The bus service does not have the capacity to serve Dublin. • The highest density apartment blocks are located furthest from the town centre and would cause additional traffic in an already congested town. • The councils report and members comments were never commented on by ABP. • The creche would attract additional traffic from other estates. • The density is too high. • The surrounding estates will be impacted on by the movement of traffic. • The school’s assessment capacity is poor and the schools in the area are oversubscribed. • The woodland area on the site was removed before the submission of the application. • Query if the material contravention statement referred to the Core Strategy. • There are flood risk measures in relation to the linear park. • A train station is needed in Clane to assist the public transport. ABP-308943-20 Inspector’s Report Page 6 of 117 • The rate of population growth for the application goes against the CDP. C.E recommendation for refusal The PA considers the proposed development is contrary to the policies of the Kildare County Development Plan 2017-2023 and the Clane Local Areas Plan 2017-2023 and recommend two reasons for refusal detailed below: 1. Having regard to the status of Clane as a Town in the Settlement Hierarchy of Kildare County Development Plan 2017-2023 (as varied), the Housing Unit Allocation is 145 no. dwellings for all of Clane in the Kildare County Development Plan and the density indicated within the Clane Local Area Plan 2017-2023 for the application site (Key Development Area 1), the density and number of residential units proposed would distort the Core and Settlement Strategy figures set out in the Kildare County Development Plan 2017-2023, would be contrary to the planned housing provision for Clane as set out in the Plan, would contravene the development strategy of Clane and projected residential capacity outlined for this Key Development Area as set out in the Clane Local Area Plan 2017-2023. The proposed development would be contrary to Section 4.3 of the Eastern and Midland Regional Assembly’s Regional Spatial Economic Strategy which seeks a graded reduction in residential densities in towns and villages commensurate to the existing built environment to the proper planning and sustainable development of the area. 2. A section of the proposed development site is located in an area zoned “F2” Strategic Open Space, the objective of which is “to preserve, provide for an improve recreational amenity, open space and green infrastructure networks”. The proposed layout includes the provision of a vehicular access route through this F2 zoned lands. In this regard it is considered that the proposed development would materially contravene the F2 zoning objective and would undermine the objective of this F2 zoned lands as per the Clane Local Area Plan 2017-2023. Furthermore, the proposed vehicular access route across Strategic Open Space lands would contravene Green Infrastructure Objectives GIO1.2 and GIO1.3 which seeks to protect, reduce fragmentation, and enhance Green Infrastructure in Clane. Furthermore, the location of proposed vehicular route in the Strategic Open Space contravenes GIO1.6 of ABP-308943-20 Inspector’s Report Page 7 of 117 the Clane Local Area Plan 2017-2023