An Bord Pleanála
Inspector’s Report
Development : Demolition of 3 no. agricultural buildings and construction of a mixed-use development comprising 86 no. houses, medical centre, crèche, retail units and associated site works at Coolearagh West, Coill Dubh, Blackwood, Co. Kildare.
Planning Application
Planning Authority : Kildare County Council
Planning Authority Register Ref. : 07/653
Applicant : Keith McGuinness
Type of Application : Permission
Planning Authority Decision : Grant permission.
Planning Appeal
Appellant(s) : Tony McEvoy
Type of Appeal : 3rd Party v Grant
Observer(s) : An Taisce
Date of site inspection : 12 th March 2009
Inspector: Michael Dillon
PL 09.231627 An Bord Pleanala Page 1 of 20 1.0 SITE LOCATION AND DESCRIPTION
1.1 The site, with a stated area of 5.03ha, is located within the settlement of Coolearagh – some 2.5km by road north of the R403 Regional Road linking Prosperous with Allenwood, in north County Kildare. The 50kph speed restriction applies along the public road in this area. There is no public lighting, but there is a 1m wide public footpath along the entire frontage of the site (in a poor state of repair). The site is located on the outside of a broad bend in the road and there is a single, unbroken white line in the centre of the road. Notwithstanding the bend in the road, sight distance at the proposed access points is good – there being a grass margin setback between the footpath and the hedgerow boundary (created when the road was realigned at some stage in the recent past).
1.2 Facilities within the settlement of Coolearagh include a shop/filling station, church and Bord na Mona factory (‘Puraflo’ manufacturing facility). The settlement is linked by a narrow footpath with the larger village of Coill Dubh to the south. There is rudimentary public lighting along part of this link. Coill Dubh has a shop/post office, credit union, golf club and bookmakers. The Londis mini- market is closed. The 120 Bus Eireann Route (linking Dublin with Edenderry) serves Coill Dubh: it is approximately 1.5km from the appeal site to the bus stop. There are national schools at Timahoe (3.5km), Staplestown (6km) and Coill Dubh (1.5km).
1.3 The site comprises a roughly square-shaped field which is generally flat. It is currently in grass and was dry under foot on the date of site inspection. A trial hole excavated in the middle of the field was dry to 2m depth. There is a ringfort identified in the southeastern corner of the site – adjacent to the road, with partially upstanding banks and ditches. The ringfort is somewhat overgrown, with some good mature timber within the 0.34ha piece of land. There are three, disused agricultural sheds adjacent to the southern boundary of the site – which would once have formed part of the farmyard complex of the two-storey house immediately to the south. There is a vehicular entrance to the site from the road in the vicinity of the farm buildings.
1.4 The southeastern boundary of the site is formed by the road – the boundary with which is fair-quality hedgerow. The Kane’s Pass and Church View housing estates are located on the opposite side of the road. To the east, the site abuts the grounds of the presbytery of the adjacent RC church – the boundary with which is a 2m high trimmed beech hedge. To the rear of the presbytery there is a small paddock – the boundary with which is a concrete post and chainlink fence. To the north and west, the site abuts agricultural land – the boundaries with which are good-quality hedgerows with mature trees. To the southwest the site abuts a housing development – the boundary with which is a fair-quality hedgerow with some mature trees. To the south, the site abuts a two-storey house and agricultural buildings – the boundary with which is a concrete block wall.
PL 09.231627 An Bord Pleanala Page 2 of 20
2.0 THE PROPOSED DEVELOPMENT
2.1 Permission sought on 28 th March 2007, for development comprising the following elements- • 79 no. houses in a mixture of single- and two-storey, detached, semi- detached and terraced form; comprising, two-bedroom, three-bedroom and four-bedroom units. • 7 no. first floor apartments above commercial uses. • 1 no. two-storey crèche of 324sq.m. • 1 no. medical centre of 423sq.m. • 7 no. retail units of 1,079sq.m. • Village Green open space plus an additional 4 other open space areas. • 226 no. car-parking spaces. • 2 no. vehicular access points from the public road (L-1019). • Demolition of 3 no. disused agricultural buildings. • Water supply from public mains in the L-1019. • Foul effluent disposal to the 225mm diameter public foul sewer – connection within the Kane’s Pass housing estate on the opposite side of the road. • Surface water disposal to drain on the northern boundary of the site – via an underground attenuation area (2,433 cubic metres) within a green open space area. • Three phases of development are proposed.
The application is accompanied by the following- • Planning Report. • Attenuation & Surface water sewer calculations.
2.2 Following a substantial request for additional information, revised proposals were received by the Council on 19 th November 2007, as follows- • Revised site layout to take account of the ringfort on the site and the need for an appropriate 15m buffer around it. • Reduction in no. of residential units to 73 (including 9 no. apartments). • Reduction in no. of retail units to 3 (457sq.m). • Increase in floor area of crèche to 340sq.m. • Increase in public open space provision. • Justification for scheme to serve ‘local need’ and ‘local growth’. • Revision of private open space for dwellings to meet the Development Plan standard. • How apartments comply with requirements of ‘Sustainable Urban Housing: Design Standards for New Apartments, 2007’. • Revised car parking and bicycle parking/storage spaces. • Provision of only one vehicular access to the site.
PL 09.231627 An Bord Pleanala Page 3 of 20 • Redesign of the spine road through the site with omission of any direct access from it. • Provision of pump and emergency storage tank for foul effluent. • Relocation of surface water outfall to the northwest. • Substitution of swale for underground attenuation – storage of 2,581 cubic metres. • Indication of sight distances at entrance.
The submission is accompanied by the following- • Planning Report. • Archaeological Impact Assessment Report. • Attenuation and surface water sewer calculations & foul sewer calculations.
2.3 Following a substantial request for clarification of additional information, revised proposals were received on 18 th March 2008, as follows- • Revised site layout plan. • Reduction in the number of residential units to 69 (including 10 no. apartments). • Increase in number of retail units to 4 no. (651sq.m). • Increase in floor area of medical centre to 474sq.m. • Examination of the decision of An Bord Pleanala to refuse planning permission ref. 06/824 (PL 09.222618) as it relates to ‘local need’ and ‘local growth’ for this current application. • Indication of how application complies with the Regional Planning Guidelines for the Greater Dublin Area 2004. • The developer and the developer of planning application ref. 07/1186 will provide a watermain from Coill Dubh to Coolearagh to serve both sites. • Willingness to contribute towards the upgrade of the footpath between Coill Dubh and Coolearagh – as well as upgrading the entire roadside boundary frontage footpath to 2m width and 2m grass verge. • Applicant has agreed to provide an area of 3.5 acres to Coill Dubh Soccer Club. A condition could be imposed requiring the applicant to transfer this land to the Local Authority within a reasonable timeframe of the commencement of the development. The lands to be transferred are located immediately to the north of the applicant site and are illustrated on Plate 2 of the Planning Report and on maps submitted. • Compliance with the Draft ‘Sustainable Residential Development in Urban Areas Guidelines’ 2008. • Landscaping. • Storage areas and refuse storage areas. • Possible access points to future development lands. • Replacement of surface water swale with retention pond. • Revised surface water outfall route and outfall point to stream – including 13m wide wayleave. Throttling of outfall to 2 litres per second per ha.
PL 09.231627 An Bord Pleanala Page 4 of 20 • Indication of sight distance at proposed entrance. • Revised car-parking. • Provision of turning bay at the end of the spine access route.
The submission is accompanied by the following- • Planning Report • Foul water, attenuation and surface water sewer calculations.
2.4 The Executive Planner’s Report of 3 rd April 2008, recommended refusal of planning permission for 4 reasons. The Acting Senior Executive Planner requested that further information be sought.
2.5 Following a request for clarification of additional information, revised proposals were received by the Council on 30 th July 2008, as follows- • Illustration of how application complies with the Residential Density Guidelines for the Greater Dublin Area and the Draft Sustainable Residential Development in Urban Areas Guidelines 2008. • Radical revision to the site layout to substantially reduce the scale of the development. • Reduction in no. of houses to 27. • Reduction in no. of apartments to 3 first floor units above retail units. • Omission of crèche. • Omission of medical centre. • Reduction in no. of retail units to 2 – floor area 414sq.m. • Omission of a significant amount of open space. • Revised site layout to provide for residential parking. • Additional screen planting on the northern and western boundaries of the site. • Foul sewer connection directly to the manhole at the pumping station on the opposite side of the road: together with proposals for upgrading the pumping station. • Provision of underground foul sewage overflow tank, of 3,000 cubic metre capacity, immediately to the south of the proposed site entrance – to relieve the Council pumping station on the opposite side of the road. • Watermain to be extended to the site in 150mm (also referred to as 180mm) diameter pipe at applicant’s sole expense. • Relocation of surface water retention pond (547 cubic metre capacity) and outfall to stream (including wayleave).
The submission is accompanied by the following- • Planning Report • Foul water, attenuation and surface water sewer calculations.
2.6 Following a request for clarification of additional information, revised proposals were received by the Council on 17 th September 2008, as follows-
PL 09.231627 An Bord Pleanala Page 5 of 20 • Elevation drawings of the revised proposal as viewed from the public road. • Revisions to balcony screening of apartment 30. • Details of hard surfacing for play area. • Increase in number of parking spaces in area of shops and apartments. • Removal of 2 no. traffic-calming pedestrian crossing points on the spine road. • Justification of need for development in light of An Bord Pleanala recent decisions in the area. • Indication that soccer pitch is still to be provided, notwithstanding the reduction in the scale of the proposed development. • Details of the upgrade of the watermain from Coill Dubh to the site do not need to be provided at this point and should be provided by way of condition of grant of permission – to be submitted prior to commencement of development. This watermain may be provided jointly with the developer of site ref. 07/1186. • Details of fencing.
The submission is accompanied by a Planning Report.
3.0 NATIONAL GUIDANCE & DEVELOPMENT PLAN
3.1 Regional Planning Guidelines for the Greater Dublin Area 2004-2016
3.1.1 The strategic vision is for a Metropolitan area and a Hinterland area. The adoption of a strategy that favours and facilitates public transportation in both areas requires the consolidation of future growth into a limited number of locations, where adequate transport infrastructure can be provided. It is recommended that future development in the Hinterland Area be strongly directed into ‘development centres’ comprising of Primary Centres and Secondary Centres – separated from each other by ‘strategic greenbelt’. It is stated that it will be necessary to accommodate local growth in those parts of the Hinterland Area outside the proposed ‘development centres’. However development outside of the designated centres should be strictly limited to local need. The spread of development intended primarily to serve the Metropolitan Area and generating significant levels of commuting is neither environmentally sustainable nor economic, and should be restricted using demand management techniques. In particular, the spread of housing in rural areas should be severely restricted to local need.
3.1.2 Recommendation 10.1 states-
Where appropriate, development plans should contain policies controlling development in areas outside of the Metropolitan Area.
PL 09.231627 An Bord Pleanala Page 6 of 20 In particular each development plan should contain policies strictly controlling urban generated housing in smaller centres and in the countryside in line with Department of Environment, Heritage and Local Government Sustainable Rural Housing Consultation Draft Guidelines.
3.2 Sustainable Rural Housing – Guidelines for Planning Authorities 2005 These Department of Environment, Heritage and Local Government Guidelines state that ‘ In rural areas under strong urban influences, the National Spatial Strategy stresses that development driven by cities and larger towns should generally take place within their built-up areas or in areas identified for new development through the planning process’. The site is located in an area under strong urban influence.
3.3 Kildare County Development Plan 2005-2011.
3.3.1 The site is not specifically zoned – but there is a Consolidation Theme for Coill Dubh/Coolearagh, which shows a hatched area around the settlement – map 6.5. Chapter 6 of the Plan contains the Rural Housing Strategy. Rural villages and the open countryside are included in this chapter. In relation to rural villages, identified settlements are categorised under policy themes: consolidation, strengthening, revitalisation, and rural nodes.
3.3.2 The Plan states in relation to Policy RS 2-
‘Theme – Consolidation: Villages in this category have experienced significant levels of growth in recent years. In many cases, this growth was urban generated and the size and scale of the houses built in these villages did not reflect the needs of the first time home owner from the local community. Having regard to the scale and rapid pace of growth in recent years, it is considered that the capacity of these villages to absorb further growth is very limited. It is an objective that new housing shall predominantly be for local need category who have not benefited to date from the development that has occurred in these communities, and only limited facilitation of the local growth category will be considered ’.
3.3.3 Local growth and local need are similar concepts, which both refer to categories of persons whom the planning authority would consider as suitable applicants for planning permission for a new dwelling. Local growth is more broadly defined and allows for persons who have been living and /or working in Kildare for at least five years prior to first occupation of the house. It also allows for tourist related housing. Schedule 6.1 of the Plan defines ‘local need’ and Schedule 6.2 of the Plan defines ‘local growth’ (see extracts from the Development Plan included with this report). Policy RS 9 states, inter alia - ‘ To ensure that growth in rural villages shall be restricted to local need and local growth categories ’.
Local Need is defined in the following categories:
PL 09.231627 An Bord Pleanala Page 7 of 20 1. Persons whose primary employment is in farming, who wish to build on their own holding and who can demonstrate that they have been engaged in farming for over five years. 2. Persons whose full time employment is in the bloodstock industry, forestry or horticulture and who can demonstrate a need to live in a rural area in the immediate vicinity of their employment in order to carry out their employment and that they have been engaged in this form of employment for a period of over five years. 3. Persons who have grown up in, or who have spent substantial periods of their lives (c.12 years) living in, rural areas in Kildare as members of the rural community and who seek to build near their family residence and who currently live in the area. 4. Persons who have grown up in, or who have spent substantial periods of their lives (c.12 years) living in, rural areas in Kildare as members of the rural community who have left the area but now wish to return to reside near other immediate family members or to care for elderly immediate family members. Immediate family members are defined as mother, father, brother, sister, son, daughter or guardian. 5. Persons who have been in employment in an occupation essential for the rural community and/or economy for five continuous years, where their employment is located within five km of the site, where a genuine need to reside in proximity to their employment can be established, and who have not yet been granted permission for a rural dwelling.
Local Growth is defined as including the following:
1. Persons whose employment provides a service to the local rural community or persons whose employment is intrinsically linked to the local rural community but whose employment does not require them to live in a specific site in a rural area. 2. Persons who have immediate or extended family members living in a rural area (either rural settlement or one-off dwelling in the rural countryside) within 10km of the site and who can demonstrate that their employment is within County Kildare or otherwise within 10km of the Kildare boundary for those settlements close to the Kildare boundary. 3. Persons who have grown up or who have spent substantial periods of their lives (circa 12 years) living in rural areas as members of the established rural community within 10km of the village, who have left the area but now wish to return but no longer have immediate family members living in the rural area. 4. Persons who have been living and/or working in Kildare for at least five years prior to first occupation of the house. 5. Tourist Related Housing.
3.3.4 Chapter 17 of the Plan identifies at Sheet 13 – a ringfort at Coolearagh West.
PL 09.231627 An Bord Pleanala Page 8 of 20 4.0 PLANNING HISTORY
There is no planning history relating directly to this site. However, two recent decision of An Bord Pleanala are of relevance in consideration of this appeal – PL 09.216342 and PL 09.222618 in that they refer to the need for housing developments in light of the Strategic Planning Guidelines and the policies of the Development Plan in relation to housing for ‘local need’ and ‘local growth’ categories.
5.0 THE PLANNING AUTHORITY’S DECISION
By Order dated 14 th October 2008, Kildare County Council issued a Notification of decision to grant planning permission subject to 64 no. conditions – the principal ones of which may be summarised as follows-
1. Development to be carried out in accordance with plans and particulars submitted on 28 th March 2007, 19 th November 2007, 18 th March 2008, 30 th June 2008 and 17 th September 2008. Permitted development is for 30 residential and 2 retail units.
2. Prior to first occupation of any unit, developer shall submit details of compliance with ‘local need’ and ‘local growth’ in accordance with requirements of County Development Plan. Dwellings to be occupied as place of permanent residence of initial purchasers for 5 years. Developer shall obtain a certificate of compliance for each unit from indemnified architect/engineer/solicitor. Council will consent to any sale of the property by a lending institution in exercise of its powers as a mortgagee.
3. Prior to occupation of any unit relevant land shall be transferred to the local soccer club – as provided for in submission of 17 th September 2008.
11. Relates to need for a Management Company for apartments.
13. Relates to details of signage for retail units.
15. Prior to occupation of retail units, opening hours shall be agreed with the planning authority.
16. No security or other gates to be erected on the development.
22. Relates to archaeological assessment.
29. Relates to handling of C & D waste.
30. Developer to identify site for bring banks.
PL 09.231627 An Bord Pleanala Page 9 of 20 35. Requires a grease trap on each kitchen waste outlet.
37. No development shall commence until details of surface water handling on site are agreed in writing with the Council.
39. Requires the applicant to bring the 150mm diameter watermain from Coill Dubh to the site. The applicant to be responsible for all costs associated with this work – with no offset against development levies.
48. Requires provision of a 2m wide footpath along the entire site frontage.
55. Requires a minimum of 25 parking spaces for the retail units and apartments.
57. Requires cycle parking provision in accordance with Development Plan standards.
63. Requires payment of a Development Contribution of €400,700.
64. Requires bond of €243,000 for completion of development.
6.0 GROUNDS OF APPEAL
6.1 The appeal from Councillor Tony McEvoy, received by the Board on 10 th November 2008, can be summarised in bullet point format as follows- • The appellant is an independent member of Kildare County Council. The applicant was elected for his stand against irresponsible land zoning. • Rural settlements have not had a mitigating impact on the number of rural houses granted permission within the county. Grouped housing in rural areas has become a phenomenon in recent years. • The only community facility in Coolearagh is a church built in the 1950’s. It is located to serve Coill Dubh (1.75km to the south) and Timahoe (a little further to its north). • In the recent review of the Development Plan – the zoning for Coill Dubh was extended out to Coolearagh – this despite the advice of planning officials. The road is narrow and twisting and the footpath is down to 1 foot in width along some stretches. • Under pressure, the developer has agreed to scale back the development and to construct it over 5 years. • The Planning Authority raised the issue of 2 refusals of planning permissions by the Board (PL 09.216342 and PL 09.222618) as relevant.
6.2 The appeal is accompanied a copy of the original letter of objection to Kildare County Council (dated 30 th April 2007), which can be summarised in bullet point format as follows-
PL 09.231627 An Bord Pleanala Page 10 of 20 • Coill Dubh is defined as a Rural Settlement of the Consolidation type in the Development Plan. Within such villages, new housing shall be predominantly for the ‘local need’ category – and only limited facilitation of the ‘local growth’ category will be considered. • This application is specifically targeted at the commuter market to Dublin. Over 200 houses have been constructed in this area in recent years. The Council has recently received funding for 30 houses and permission has been granted for a further 45 units on an adjacent site. • The applicant states that Social & Affordable housing is not applicable to this site. • This development would put further strain on over-stretched social and physical infrastructure. • It is not clear that the sewage treatment plant has the capacity to deal with this development. Pumping from Coolearagh to Coill Dubh treatment plant has always been problematic. • Coill Dubh is located in the Hinterland – as defined by the Regional Planning Guidelines for the Greater Dublin Area. The village is not located at a public transport node. • The amount of land now indicated as being within the rural settlements exceeds that in the zoned areas. • The site contains a Protected Structure known locally as ‘O’Brien’s Fort’. Its presence on site was not indicated in public notices. • The local primary school does not have the capacity for this development. • Some of the houses proposed have up to 20sq.m of open space less than required in the County Development Plan.
7.0 OBSERVATIONS
The one observation from An Taisce, received by the Board on 26 th November 2008, states as follows. The site is within the ‘Hinterland’ area as defined by the Regional Planning Guidelines for the Greater Dublin Area, where development is restricted to local need. There is no public transport to this site. The proposal is significantly in excess of local need requirements.
8.0 RESPONSE SUBMISSIONS
8.1 1st Party Response to 3 rd Party Appeal
8.1.1 The response of TPA, agent on behalf of the applicant, Keith McGuinness, received by the Board on 9 th December 2008, can be summarised in bullet point format as follows- • The proposed development has been substantially revised from its original inception and now provides for only 30 residential units and 2 retail units. The initial scheme layout overlooked the ringfort on site. • It was acknowledged that the proposed development should supply only a portion of the capacity of the settlement, in relation to ‘local need’ and
PL 09.231627 An Bord Pleanala Page 11 of 20 ‘local growth’. This necessitated a substantial reduction in the scale of the development. • The process of the application through the Council is set forth. • The development is not targeted at commuters or urban dwellers. Previous developments at Coolearagh (many of which were granted permission under the previous County Development Plan) have not been subjected to the same requirements as the proposed development in relation to ‘local need’ and ‘local growth’. Condition 2 of the notification of decision to grant planning permission will ensure that the houses are to serve local needs only. This is a highly restrictive condition in relation to ‘local need’ but provides somewhat more flexibility in relation to ‘local growth’. The appellant does not acknowledge the requirements of condition 2. The applicant has clearly demonstrated to the Council how the development complies with national, regional and local Plans. • The contention of the appellant that 40%+ of all houses granted in the County were one-off, supports this planning application for controlled growth within existing settlement centres. • It may be that Coolearagh has developed as an unplanned settlement in the past. However, this is the situation that the applicant is presented with, and he cannot be held responsible for the pattern of development in the area. The proposed scheme will direct development to what is considered the most sequentially preferable location within the settlement. • The proposal will enhance social and physical infrastructure and should not be criticised for this. The concept of planning gain is well established and is supported by national policy. Such is specifically referred to in the Development Management Guidelines 2007. Support for the development from Coill Dubh Soccer Club is included at Appendix C of this response submission. • The proposed transfer of lands to the Soccer Club will not impact on church lands – the appeal lodged by the parish was subsequently withdrawn. • The development cannot be regarded as the ‘thin end of the wedge’. It is a single scheme to be developed on a phased basis. There is no suggestion that this development will lead to expansive development on the remainder of the applicant’s landholding. Any future planning applications would have to go through the planning process. • Decisions of An Bord Pleanala to refuse planning permission in this area have been acknowledged in the planning application. These decisions do not sterilise the area. This application has been advanced to provide housing for the local community or a mixture of ‘local need’ and ‘local growth’ categories. • The development will have a positive impact on the sustainable development of Coolearagh. The development will not seriously injure the amenities of existing residents in the area and would be acceptable in terms of traffic safety and convenience.
PL 09.231627 An Bord Pleanala Page 12 of 20 8.1.2 The response is accompanied by a copy of a letter (dated 2 nd December 2008) from the other appellant (subsequently withdrawn) to the remaining appellant – Cllr. Tony McEvoy, in relation to access to the lands to be given over to the Coill Dubh Soccer Club.
8.2 2nd Party Response to Grounds of Appeal.
There is no response from Kildare County Council to the grounds of appeal submitted.
9.0 ASSESSMENT
The principal issues of this appeal relate to the need for this development in the light of the Strategic Planning Guidelines for the Greater Dublin Area and the policies contained within the Development Plan – particular regard being had to recent decisions of the Board to refuse planning permission for residential developments in the area. Other issues for consideration are – traffic safety; foul effluent disposal; connectivity between Coolearagh and Coill Dubh; public transport connections; planning gain; archaeology and absence of any Social & Affordable housing provision.
9.1 Regional Policy and Development Plan Considerations
9.1.1 The Regional Planning Guidelines for the Greater Dublin Area 2004 – 2016 contain policies to promote rural development, rural renewal and revitalisation, including rural housing development, to meet the needs of rural communities and to strictly control urban generated housing in smaller centres. These policies are supported by Kildare County Council’s County Development Plan policies, in that the capacity of these “consolidation” villages to absorb further growth is stated to be very limited, and that new housing shall be predominantly for local need, and only limited facilitation of the local growth category will be considered.
9.1.2 Within the categories of persons under the heading ‘local growth’, category 4 states - Persons who have been living and/or working in Kildare for at least five years prior to first occupation of the house . I would consider this to include urban-generated housing and to include persons working in the Metropolitan area or larger towns, outside or inside the county, and currently living in the county, and also persons currently working in the county and living in urban areas inside or outside the county.
9.1.3 The initial application for 86 residential units, modified to 30 residential units, has been advanced throughout the application process as a proposal to provide housing for the local community - with a mixture of local need and local growth categories. I am not satisfied that the applicant has demonstrated that the development is intended for local need or local growth categories only. Coolearagh is a small settlement – when taken in isolation from Coill Dubh, and
PL 09.231627 An Bord Pleanala Page 13 of 20 even when linked to Coill Dubh (as in the settlement map of the Development Plan) cannot be considered to be a large settlement. Expansion of the settlement should be encouraged in an orderly and planned fashion – with appropriate development located close to services, community facilities and public transport.
9.1.4 Condition 2 of the notification of decision to grant planning permission, seeks to control first occupants of the development to those meeting ‘local need’ or ‘local growth’ as set out in the Development Plan. The condition, as worded would appear to be cumbersome of implementation. Notwithstanding this, the applicant has not objected to its inclusion. The Development Plan policies state that consolidation villages have very limited ability to absorb further growth and only limited facilitation of the local growth category will be considered . I consider that the erection of 30 residential units does not accord with this policy of limited facilitation of the local growth category. I consider that the proposed development, which follows other significant residential development in this rural settlement which, although associated with Coill Dubh, is an unsustainable form of development for reasons, set out elsewhere in this report relating to provision of community facilities, services and public transport availability. Under ‘local growth’, category 4 allows for ‘Persons who have been living and/or working in Kildare for at least five years prior to first occupation of the house’. Should the Board be minded to grant planning permission, I recommend that a condition (similar to condition 2) be attached in relation to occupancy of the proposed residential units.
9.1.5 By order dated 14 th November 2007, the Board refused planning permission for a residential development (51 units + 4 serviced sites) on lands within the Coolearagh settlement boundary, for one reason relating to contravention of the Regional Planning Guidelines and the provisions of the County Development Plan (PL 09.222618 ). The development had been granted planning permission by the Council and was the subject of a 3 rd party appeal. That development was similar to the one now before the Board for consideration. I do not see that policies have changed at national, regional or local level which would warrant a reversal of the position adopted by the Board in relation to 2007 decision. Permission should be refused for this development for the same reason, as follows-
Having regard to the Regional Planning Guidelines for the Greater Dublin Area, 2004-2016, and to the location of the site within the Hinterland Area, where it is the policy that development outside the designated development centres should be strictly limited to local need, to the provisions of the current Kildare County Development Plan wherein Coolearagh/Coill Dubh is identified as a rural settlement in the category “consolidation” with the objective that new housing shall be predominantly for the local need category, and to the scale of the proposed development on unzoned land where the provisions of Part V of the Planning and Development Act, 2000 do not apply, it is considered that the proposed development would militate against the orderly development of the Greater Dublin Area, as set out in the Guidelines, would be contrary to the
PL 09.231627 An Bord Pleanala Page 14 of 20 policies of the planning authority as set out in the Development Plan, would seriously injure the amenities of the area and would, therefore, be contrary to the proper planning and sustainable development of the area.
9.2 Access & Traffic
Access to the proposed site is from the L-1019, at a point where the 50kph speed restriction applies and where there is a single unbroken white line in the centre of the road. The site is located on the outside of a broad bend, with the hedgerow boundary set back from the edge of the carriageway – arising from realignment of the road at some stage in the recent past. It was originally proposed to have two vehicular entrance points to the site. This was reduced to one by way of additional information submission. Sight distance at the proposed entrance is adequate in both directions – having regard to the speed restriction in the area. The Roads Department of the Council required that the three platforms on the spine road be removed. I note that there is no public lighting on the L-1019 in the vicinity of the site. The proposed scheme does not provide for any either. It may be that such is to be provided from the Development Contribution levy. Public lighting should be provided along this stretch of the public road for the safety of existing residents of Coolearagh and future residents of the proposed scheme. The traffic turning movements generated by a scheme of this size would not result in any significant traffic hazard or capacity issues on the local road network.
9.3 Effluent Disposal, Surface Water Disposal & Water Supply
9.3.1 Effluent Disposal Foul effluent is to be discharged to an underground pumping station on the opposite side of the road – at the entrance to the Kane’s Pass housing development. This effluent is pumped to Coill Dubh effluent treatment plant. The appellant claimed that this plant did not have the capacity to deal with additional loading – but no basis for this claim was submitted. The Council was satisfied that the treatment plant could handle the additional loading. It was indicated that the pumping station had capacity limitations. To overcome this problem – the applicant offered to provide a temporary holding tank for effluent within the site (beneath the village green). This 3,000 cubic metre capacity holding tank is indicated on drawings received by the Council on 30 th July 2008. This is an element of infrastructure which is over and above the needs of the proposed development – but one necessary if the development is to take advantage of the pumping station on the opposite side of the road.
9.3.2 Surface Water Disposal Surface water outfall from this scheme is to the throttled to 2 litres per second per ha. During consideration of the application, surface water attenuation proposals changed from underground tank, to swale to pond. The last surface water submission of 30 th July 2008, showed a surface water retention pond located within the western public open space area. During the course of consideration of
PL 09.231627 An Bord Pleanala Page 15 of 20 the application, the line of the outfall to the nearby stream changed a number of times. There is stream to the north of the site – within the land ownership of the applicant. It will be necessary to lay a 40m length of pipe to this stream – outside of the site boundary as outlined in red. A 13m wayleave is to be provided with this pipeline. This would appear to be reasonable. There was water standing in the stream at the proposed point of discharge, on the date of site inspection. I would be satisfied that arrangements for disposal of surface water are satisfactory.
9.3.3 Water Supply A new watermain was being laid from Coill Dubh to Coolearagh on the date of site inspection on 12 th March 2009. Throughout consideration of the application by Kildare County Council, it was maintained that there was insufficient capacity in the existing watermain to serve the proposed development. It was agreed that the applicant and the developer of permission ref. 07/1186 would jointly provide the watermain from Coill Dubh to Coolearagh. Notwithstanding this, condition 39 of the notification of decision to grant planning permission required the applicant to provide the upgraded watermain – at the applicant’s sole expense. It is not known who is paying for the watermain that this now being laid. Condition 39 would appear to be now superfluous. Any grant of planning permission should include a condition requiring the applicant to comply with the requirements of the Water Services Section of Kildare County Council.
9.4 Community Services & Connectivity with Coill Dubh
Community services in Coolearagh are limited to a shop/filling station and a church. There are no schools in the settlement and no leisure facilities either. The provision of a soccer club pitch with this development will improve the situation somewhat. It will be necessary to travel to Coill Dubh and further beyond to access a full range of shopping, education, leisure, and community facilities. In the absence of public transport in Coolearagh, most of such journeys are likely to be by private car. There is a narrow footpath linking Coolearagh with Coill Dubh. There is no proper system of public lighting on the road. The road is twisting and is not safe for pedestrians – particularly at night. Notwithstanding the ‘Consolidation Theme’ for Coolearagh/Coill Dubh, the settlement is not an appropriate one for additional housing on the scale proposed – in the absence of necessary social and physical infrastructure to serve future residents. The granting of planning permission is likely to result in calls on the local authority to provide such services and infrastructure.
9.5 Public Transport
The site is not served by any public transport. The nearest bus stop is in Coill Dubh (Bus Eireann route 120) – admittedly connected to the site by a public footpath. This footpath is on a busy local road without the benefit of proper public lighting. The footpath is narrow in places. It is 1.5km from the site to the bus stop in Coill Dubh. I would consider that such a separation distance is too
PL 09.231627 An Bord Pleanala Page 16 of 20 great for general pedestrian trips – and the proposed development is, therefore, likely to result in most trips being made by private car. The applicant argues that the proposed development will provide an impetus to get public transport to serve Coolearagh. I do not see that this would necessarily follow; and if it did, there would necessarily be some delay whilst some units would be occupied.
9.6 Planning Gain
The clarification of additional information submission of 18 th March 2008, indicated that the applicant was willing to donate 3.5 acres of land – immediately to the north of the site – to the Coill Dubh Soccer Club. This must be regarded as a substantial planning gain for the community – being in addition to the public open space to be provided within the development. Notwithstanding the reduction in the scale of the development, the final clarification of additional information submission of 17 th September 2008, indicated that the applicant was still willing to provide the lands to the Soccer Club. Information submitted did not outline where the access to the 3.5 acres would be located. A second 3 rd party appeal (concerned with the issue of access) was withdrawn following agreement with the applicant. It is not known what comprised this agreement. It must be assumed that access will be through the proposed development. Condition 3 of the notification of decision to grant planning permission required that the relevant lands be transferred to the Soccer Club prior to occupation of any unit. This would seem to be reasonable, and the condition is not objected to by the applicant.
9.7 Part V of the Planning & Development Act 2000
The policy theme which facilitates residential and other uses on the subject site is not a legal zoning. Therefore, the provisions of Part V do not apply. The Board considered this to be of relevance in refusing planning permission for an adjoining development – ref. PL 09.222618. The applicant contends that this should not be a relevant consideration. The development will provide a mix of houses and apartments which will be affordable for local people. The applicant has not offered to provide Social & Affordable housing as part of the proposed scheme.
9.8 Archaeology
A report from the Department of the Environment, Heritage & Local Government, dated 2 nd April 2007, indicated that the development directly impacts upon a Recorded Monument (KD 013:001) a ringfort. This ringfort was overlooked when the original layout was conceived. This was remedied in the revised layout of 19 th November 2007 – and included with which was an Archaeological Assessment Report. The upstanding remains of the ringfort were to be retained within an open space area and provided with a 15m buffer zone. The ringfort is currently overgrown. There is some good mature timber within and immediately abutting the ringfort (see photographs attached to this report). Overgrowth and fallen timber should be removed and the area properly
PL 09.231627 An Bord Pleanala Page 17 of 20 landscaped. A tree survey report would have been useful in order to indicate what types of trees exist and any remedial action required for their retention within a public open space area. It would be possible to condition this in any grant of planning permission. I note that the site layout plan indicates ‘Retain Existing Mature Trees’ in the area of the ringfort – although the position of mature trees on the drawing is only notional, and does not reflect the distribution of trees on the ground. Subsequent reductions in the scale of the development have resulted in the removal of nearly all development from within the southern part of the site. Notwithstanding this, the red line of the site remains the same – the applicant indicating to Kildare County Council, unwillingness to reduce the red line area of reflect the reduced scale of the development.
9.9 Design & Layout
The layout of the proposed development underwent radical alteration as it progressed through the planning system of Kildare County Council. The scale of the development was greatly reduced – from 86 to 30 residential units; reduction in the number of retail units from 7 to 2; omission of the medical centre; omission of the crèche; and consequent reduction in the amount of public open space. Notwithstanding the reduction in scale of the development, the applicant was not satisfied to reduce the red line boundary of the site. The revised layout means that it will not be necessary to demolish the agricultural buildings on site – although they are currently disused. The reduced layout will allow for future access to the remainder of the site and to lands in the ownership of the applicant to the west and north of the site. The layout of public open space is generous in terms of the number of residential units to be provided. An all-weather playing court is to be provided. The mix of house types within the original schemes was good. However, this mix is somewhat restricted, with 21 out of the 30 residential units proposed being 4-bedroom units. This does not constitute a good mix of housing to cater for the requirements of a local community. Private open space provided with houses is generous. There are fine hedgerow boundaries to this site – particularly to the north, west and southwest. Hedgerow boundaries with mature trees should all be retained on site – a condition requiring this should be attached to any grant of planning permission. Condition 16 of the notification of decision to grant planning permission requires that no gates be provided at the entrance. I would agree with such a condition. The applicant has agreed to provide a 2m wide footpath along the entire roadside frontage boundary – to replace the existing poor-quality footpath.
9.10 Other Issues
9.10.1 School Places A letter received by Kildare County Council from the Parish Priest of Coolearagh & Staplestown parish on 18 th April 2007, clearly indicated that the three primary schools in the parish did not have capacity for any additional enrolments. The nearest school was at Coill Dubh and had 122 places. Timahoe National School
PL 09.231627 An Bord Pleanala Page 18 of 20 was also adjacent to the site and had 97 places. The school at Staplestown was located further from the site. I note that none of the national schools are really within walking distance of the site and most school trips would, in reality, be by private car. The applicant was satisfied that the proposed development would not create a substantial increase in demand for school places – particularly in light of the phasing proposals for the development. The range of units provided on site would indicate that not all will be occupied by families. A crèche was to be provided within the development for pre-school children, but this was omitted as the application proceeded through the planning process. Increased population is stated to build a critical demand for school places which would have to be met by the Department of Education & Science. I would not be inclined to agree with this logic that the creation of a demand would lead to provision of additional places. There must inevitably be some delay in such provision, and it does not, therefore, constitute good planning. Notwithstanding this, the reduction in the scale of the development to 30 housing units (to be provided on a phased basis) should be capable of being accommodated in the three local primary schools.
9.10.2 Financial Contribution Condition 63 of the notification of decision to grant planning permission included a requirement to pay a development contribution of €400,700. This condition should be included in any grant of planning permission by the Board.
9.10.3 Bring Banks Condition 30 of the notification of decision to grant planning permission required the developer to indicate locations for bring banks. This would seem somewhat onerous on a development of such a small scale. Such facilities would be better provided adjacent to retail development or community facilities.
9.10.4 Public Notices The ringfort on site is not indicated as being a Protected Structure in the Register included as part of the County Development Plan. It is included in the Record of Monuments and Places of the Office of Public Works. Article 18(1)(d)(iii) of the Planning and Development Regulations 2001, relating to what must be contained in public notices, refers to a ‘Protected Structure’ but makes no reference to a ‘National Monument’ or the Sites and Monuments Record of the OPW. I would be satisfied that there was not any need to indicate the presence of a ringfort on the site within public notices – although there is no preclusion from making such a reference.
10.0 RECOMMENDATION
I recommend that permission be refused for the Reasons and Considerations set out below.
PL 09.231627 An Bord Pleanala Page 19 of 20 REASONS AND CONSIDERATIONS
1. Having regard to the Regional Planning Guidelines for the Greater Dublin Area, 2004-2016, and to the location of the site within the Hinterland Area, where it is policy that development outside the designated development centres should be strictly limited to local need; to the provisions of the current Kildare County Development Plan wherein Coill Dubh/Coolearagh is identified as a rural settlement in the category “consolidation” with the objective that new housing shall be predominantly for the local need category, and to the scale of the proposed development on unzoned land, where the provisions of Part V of the Planning and Development Act, 2000 do not apply, it is considered that the proposed development would militate against the orderly development of the Greater Dublin Area, as set out in the Guidelines, would be contrary to the policies of the planning authority as set out in the Development Plan, would seriously injure the amenities of the area and would, therefore, be contrary to the proper planning and sustainable development of the area.
2. The proposed development would constitute a traffic hazard for pedestrians, arising from the absence of a proper public footpath network on the L-1019 linking Coolearagh and Coill Dubh and the absence of a proper public lighting network in Coolearagh or on the L-1019 linking Coolearagh with Coill Dubh.
______Michael Dillon, Inspectorate.
16 th March 2009.
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