An Bord Pleanála

Inspector’s Report

Development: Mixed commercial / retail / residential development, demolition of buildings Location: New Road, Kilcock, Co Kildare

Planning Application Planning Authority: Kildare County Council Planning Authority Reg. Ref.: 07/1632 Applicant: McGarrell Reilly Con Sammon Contracting Ltd Type of Application: Permission Planning Authority Decision: Grant Permission

Planning Appeal Appellants: Waterside Kilcock Property Company Ltd Michael Madden, Buzz Stop, Church St., Kilcock McGarrell Reilly Con Sammon Contracting Ltd Type of Appeals: 3rd v. Grant 1st v. Conditions

Date of Site Inspection: 23 rd June 2008

Inspector: Dolores McCague

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PROPOSED DEVELOPMENT The proposed development is a town centre mixed use development comprising mostly retail use at ground floor with residential, office and storage at upper floors; and under ground car parking. The building extends over much of the site area and is up to four stories high. The development involves the demolition of all existing buildings on the site. The proposed development has a total gross floor area of 18,912m2. The retail element of the proposed development consists of an anchor store and 20 smaller units. The anchor store of 1,910m 2 (gross floor area); is described as 918 m2 convenience and 610 m2 drapery/comparison. The anchor unit will include an off-licence selling alcoholic beverages and a deli which will sell hot food for consumption off the premises. The retail element of the proposed development also includes the establishment of 20 no retail units that have a gross floor area of 1910m2 (48m 2 at first floor). Approximately 771m2 (gross floor area) of office and administration space is located at first, second and third floor levels. A storage area of 556 m2 at first floor is part of the anchor store. Areas for building services are indicated at basement and sub-basement level. There are no building services shown at roof level. The residential element includes a total of 33 no. residential apartments above ground level, (comprising 10 no. 3 bed apartments 18 no 2 bed and 5 no 1 bed ). The residential element has been altered with the omission of Block A. The total development provides 286 no car parking spaces, 57 no. spaces at surface level, 119 no. spaces at basement level and 110 no. spaces sub-basement level. The development also includes the construction of a new road, which will form the first part of an inner relief road, an objective of the Kilcock Local Area Plan which is a plan for the environs of the town in County Meath. Access to the surface, basement and sub- basement car parks will be provided from the new road. The Service access is via an existing shared roadway which continues as a pedestrian access to units no’s 13 to 16 which front onto the surface car park. Private open space is provided as balconies, at roof and podium level. The proposal also includes the provision of public open space ca. 579 sq m adjoining The Square and New Road; provided through building line set backs. The retail development is mainly a covered mall with two entrances at ground level, the main entrance from New Road is only 40m from the Market Square, and the building line is set back from the road edge to form a civic plaza here; the second entrance is from the surface car park at the southern end of the development. The basement and sub-basement car parking is accessible by stairs from the mall and a travelator connects the mall to the basement car park. Two storeys of retail are proposed fronting to the Market Square; two units at ground floor front onto New Road between the Mall entrance and the Market Square and one unit with dual entrances one to New Road and one to the mall is located south of the mall entrance. Four units are accessible only from the surface car-park area and one with dual frontage is accessible from both the surface car park and the mall.

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The basement car park extends from about 40m south of the Market Square southwards under the remainder of the building, with vehicular access from the south eastern corner of the building. From the Market Square end at first floor level there are: a retail unit on Market Square; a first floor apartment accessed from a shared access to Market Square (3 bedroom 10.5 sq m balcony); followed by two offices and core No 1 fronting to New Road. Core No 1 extends from the sub-basement to the third floor with access to the Civic Plaza at ground level. It provides a stairwell, lifts and disabled toilet. Next to Core No 1 fronting New Road are four dual aspect apartments with elevations towards New Road and facing towards a landscaped area at first floor, accessed from the podium level/ first floor landscaped area. The podium is accessible via Core No 1 (described above), and Core No 2: a stairwell extending from the sub basement to the first floor podium level with an access doorway to New Road; and via Core No 7, an escape stairs which extends from the ground floor surface car park to the first floor podium; and via Core No 3, a stairwell which extends from sub-basement level to the podium at the eastern side of the site. The podium is also accessible via a ramp, which is to be provided for use by emergency vehicles and is connected to the podium at the south eastern corner of the building. Adjoining the four apartments which have an elevation towards New Road is a storage/administration area at the south western corner of the building, located over the delivery area and attached to the anchor store. This area is to the side/rear of existing development on New Road. Adjacent to this storage/administration area, with an elevation towards the surface car park and facing the landscaped area at first floor, are four dual aspect apartments accessed from the podium level/ first floor landscaped area. The second floor is similar to the first floor layout with the exception that it extends only to the rear of the building on Market Square and that in lieu of the storage/administration area there are 4 apartments with a set back from the building line of the first floor store, providing terraces to four apartments. The third floor commences at Core No 1, which accesses a single office at this level. The remainder of the floor is similar to the residential development below with a small set back of the building line, which accommodates larger balconies along New Road. The ground level extends over much of the site. All blocks have elevations to the first floor podium level. From first floor up the development is described as Blocks B, C, D and E. Blocks D and E face New Road and Market Square; Block C at the southern end is to the rear of existing development; and Block B faces the surface car park. Block A which was indicated in earlier submissions, located close to the eastern boundary, has been omitted in consideration of impacts on the adjoining residential development. Part of the development, close to Market Square, utilises a shared entrance off Market Square, which also provides access to a third party office. The proposed development includes a ground floor area, located under the existing first floor of the third party office. The application has been revised during the course of the application process and the final proposal is as described above.

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The a pplication received 13 th July 2007 was described as mixed use residential, commercial and retail development 21,316 sq m total floor area and maximum height 19.876m; including: convenience anchor 1,910 sq m. (gross) to include an off-licence selling alcoholic beverages and a deli which will sell hot food for consumption off the premises; and 19 retail units at ground floor with a total gross floor area 1,841 sq m; and 771 sq m office and administration space at frist and second floor; 57 apartments (3x1bed, 50x2 bed and 4x3 bed); 276 car parking spaces (30 surface,246 at basement and sub-basement); construction of New Road 105m from which access to the car park will be provided; and high quality public space adjacent to The Square and New Road. Further Information request 6 th September 2007 including requests regarding – more appropriate mix of dwelling types; separate facilities for washing and drying; shortfall in public and private open space; discrepancy in notices re total retail floorspace; submit daylight and shadow projection diagram - there are concerns regarding the height of the proposed development at the south-western portion of the site and the overshadowing and overlooking; submit photomontages from The Royal Canal, which would provide a context from which a proper evaluation of the overall development could be assessed and its impact on adjoining properties; it may be considered that a reduction in height may be deemed necessary; asbestos report; hours of opening; fire safety; toilet and staff facilities and waste facilities; conservation and visual impact report; it is unacceptable to build over the public trunk surface water sewer and two foul sewers; submit longitudinal sections of foul and surface water sewers; design calculations should include 20% for climate change; foul sewers of 150mm will be necessary for most of the development – minimum foul 150mm, minimum surface water 225mm; pumping station has no capacity; surface water attenuation proposals; Traffic Impact Assessment proposes altering the existing traffic flow arrangement and adding a considerable amount of traffic to an existing junction. The planning authority has concerns over the safety, capacity, design and traffic management of the proposed junction; applicant has indicated that a potential future development could also access the site from the proposed entrance off New Road – this should be factored in; queries re parking; and comment on objections. Response 25 th Oct. 2007 includes: Revisions including height of proposed building at a number of locations has been reduced; architectural treatment (heights, roof slopes position of windows) of the buildings adjacent to The Square has been revised; main vehicular entrance has been relocated to the south-eastern corner of the site; site area has changed from 8,460m2 to 11,602 m2 as a result of providing additional parking in the south of the site, a revised road layout and public open space; car parking proposed - 281spaces. A meeting took place with Roads Design and it was agreed that access to the development car parking etc., would be via the proposed Kilcock Inner Relief Road which will eventually link the Maynooth Road and the Dunboyne Road. This access arrangement is detailed on revised drawing no. 062011-9006. The section of the proposed Inner Relief Road will connect to the Maynooth Road via a 3 arm priority junction arrangement. This junction arrangement could be signalised by Kildare County

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Council in the future, if so required. The section of the Inner Relief Road included in this application will be 7.3m wide with footpaths/cycle tracks / verges. Access for deliveries will be via the existing access road to the various factory units/ workshops on site at present. It should be noted that the daily HGV delivery to the anchor store will be off- peak and all deliveries will be managed. Smaller vehicles can also use the service yard and can avail of setdown spaces on New Road for pre opening deliveries. Arguments for reduction in total quantum of parking: TRL report “Review of Trip Generation Studied” was used. It is recognised that retail developments attract three categories of trips i) Primary trips, made solely for the purpose of visiting the retail centre, ii) Pass-by trips, attracted from traffic passing an adjacent street with direct assess to the retail site, which is thus only an intermediate stop; iii) Diverted Linked Trips, attracted from links within the vicinity of the attractor but which require a diversion from these links to access the site. Pass-by trips of 30% is accepted for this type of development – in an urban area on a primary distributor route. Because of the development being mixed use it is expected that a number of trips will be shared trips between two different usages, ie., arriving at the site for the purpose of using more than one facility. For instance, some residents and employees working in the offices are likely to use the retail units and as a result will not generate vehicle trips for shopping purposes; also trips to the anchor unit would include a secondary trip to the smaller units. It is proposed to provide: 1 space per residential unit; visitor spaces shared with public spaces (58); 1 space per 12 sq m anchor store; 1 space per 24 sq m retail units (plus 30% reduction for secondary trips from anchor store) (anchor + units 213); 1 space per 25 sq m office (13); total 284. Firs Safety – report from fire safety consultant, including detailing adequacy of: perimeter access, fire personnel access, fire mains and hydrants; and areas requiring special consideration – a proposal to ventilate the basement and sub-basement level car park by providing a system of mechanical extraction; the provision of natural ventilation for smoke is not practicable from either level of basement car park. RE objections – a dilapidation survey will be undertaken of all properties which are immediately abutting the development; a bored pile wall to be provided to certain lengths of the perimeter in order to avoid undermining of adjoining lands / structures, beyond these points traditional reinforced concrete retaining wall is proposed to the remaining perimeter. Tree survey; C&D waste management plan; report on building conservation issues ‘ the proposed scheme has been designed taking into account of the form and scale of surrounding buildings and appropriate materials selected to suit the existing palette used elsewhere in the town .’ Photomontages included elsewhere describe how the predominantly four storey scheme has been treated elevationally with the use of set-backs

______PL09.227800 An Bord Pleanála Page 5 of 55 and varying materials, to relate to adjoining structures. The scheme also does not extend as far south as the canal frontage, but instead forms a backdrop to the neighbouring existing two storey structure on the corner of New Road and Harbour Road. The new Scheme will not be prominent from the Harbour Road on either the approach to the town or when exiting. Submission included a schedule of accommodation and revised notices which state that significant further information has been submitted. Clarification of further information (CFI) requested on a number of points – open space roads issues, car parking; drainage issues. CFI response, 20 th Dec 2007 Includes amendments: Block A has been omitted resulting in the reduction of 22 no. residential units not total 33; the proposed anchor store basement level storage room has been relocated to first floor level; the height of proposed Block C has been reduced by 1.225m; additional public open space has been added to the scheme as a result of the omission of Block A. The existing surface water sewer 1200mm will be diverted and a 12m wayleave provided to same as shown on attached drawing 062011-3000. The report from the engineering consultants details that there are 3 foul sewers crossing the site at present. i) a 400mm diameter foul sewer coming from the canal crossing and passing between the two buildings on Harbour Street. ii) a 225mm diameter foul sewer crossing the canal and passing east of the buildings on Harbour St. iii) a 300mm diameter sewer which comes in from New Road under the existing buildings and joins in with ii) above before connecting to the existing pumping station. This sewer serves two existing 225mm sewers one coming from The Square and one coming form Harbour St. The new sewer to be provided in Kilcock as part of the Lower Liffey Valley Sewerage Scheme (LLVSS) will be constructed as part of this development. Diversions to existing sewers and new sewer lines are shown on drawing 062011-3000 and 3007. The 40mm sewer will be diverted parallel to the 1200mm sewer and will be in the 12m wayleave. Any connection to the existing pumping station would be short-term. ‘We have been in on-going discussions with the Infrastructure Section of Kildare Co Co regarding wayleaves etc. to facilitate the LLVSS which we have been advised will commence in April/May 2008. As part of the LLVSS the existing pumping station will be relocated and an upgraded station provided on a site east of the town.’ ‘We have included a flood level gauging station beside the Rye to monitor its water levels and this station can be linked back into the Developments Management Control System. We would also note that the developments finished floor level is well above (1.3m) the maximum flood level in the Rye Water adjacent to our site. Both existing and proposed

______PL09.227800 An Bord Pleanála Page 6 of 55 ground levels on our site are also generally above the 100 year flood level of 64.13, generally by 1m. Car parking schedule Development Parking standard Area/number Total Total of units provided required Flats 3 bed or less 1 per dwelling plus 1 33 50 50 visitor per 2 dwellings Shops <250 sq m 1 per 24 sq m gross 1865 sq m 47 78 floorspace Large Stores > 1000 1 per 12 sq m gross 1910 sq m 159 159 sq m floorspace Office 1 per 25 sq m gross 771 sq m 31 31 floorspace Total 286 318 Parking demand analysis based on trip rates for the combined commercial/office content of the scheme using TRIC’s is included. Allowing for a 30% increase in the peak demand figure of 147 for circulation / changeover etc. gives a total figure of 191 spaces. Added to the total residential allocation of 50 spaces gives a total of 241. The principle of parking requirement based on demand has been accepted by Kildare Co Co on previous planning applications.

SITE LOCATION AND DESCRIPTION The site stated as 11,602m2 is located in the town centre of Kilcock with frontage to the Market Square, which is located between the Royal Canal, a distinctive feature of Kilcock, and the Rye Water River, which forms the county boundary with County Meath, and is currently the edge of the built up area, in the town centre. The site is on the corner of Market Square (north western end of the site) and New Road (western boundary of the site), with its main frontage along New Road. New Road extends from Market Square to Harbour Street and is made up of two distinct straight sections linked by a bend. The section nearest Market Square is narrower and currently has no footpath; the section nearest to Harbour Street is much wider has a footpath and The site also has frontage to a short spur road to the south east, which currently terminates at a car park on the site. At the southern end the site extends to Greenfield land and to the east it bounds a residential development and the Rye Water River. The spur road, called the ‘inner relief road’ in the documentation on file, joins Harbour Street, close to and to the south east of New Road. The Market Square is a place of irregular shape edged by buildings of a variety of styles (mostly of two stories); and with five roads joining. The Market Square became part of

______PL09.227800 An Bord Pleanála Page 7 of 55 the Enfield Maynooth road when a one way system was introduced into Kilcock some years ago. Eastbound traffic travels through the square via New Lane and New Road. Market Square is a pleasant place, but car parking and car movement completely dominate. The section of New Road nearest Market Square has no frontage development. Its eastern side is bounded by industrial buildings / sheds with high blank walls, and its western side by a yard, with low walls and railings, which is accessed from Market Square. The section of New Road nearest Harbour Street is bounded on its eastern side by a new mixed use development and on its western side by older housing. Harbour Street, between New Road and the Bridge to the west is split into two parts, one lower which extends along the building frontage, and the other rising to the level of the Bridge and falling to School Street and Bridge Street. The Royal Canal forms a harbour here, hence the name Harbour Street, and running along the canal, to the south is the Sligo Dublin rail line. The railway platform adjoins the canal/railway bridge and is accessed via steps from the southern side of the bridge. In addition to numerous residential developments, which are being tacked on at the edges of the built up area, there are a number of developments underway in the town centre. A site has been cleared on Market Square opposite the subject site at the junction with New Lane. A three storey development is nearing completion, on the footprint of an older building, facing the Canal west of Bridge Street; and mixed use development south of the subject site and facing the Canal with buildings of two stories plus dormer level, is also of recent date. Apart from the road frontages already described, the site is bounded on the east by buildings of two storey height which front onto the Market Square, by a small car park to the rear of the Credit Union, by a gated residential development in two blocks facing the Rye Water River; and to the south east by undeveloped land. A narrow strip of the site extends further east along the southern boundary of the gated residential development, to meet the Rye Water River. The existing development on site consists of a group of industrial properties / warehouses and there associated surface carparking facilities which is located in the eastern part of the site. A commercial building exists on the very north-western corner of the site fronting onto The Square. The development site is given in the application form as 0.846 ha (2.09ac) with 4,100 m 2 floor area of existing buildings and 21,316 m2 floor area of buildings proposed (this has been modified downwards in subsequent submissions).

PLANNING AUTHORITY DECISION Arising from the further information request alterations submitted include: • The mixture of dwelling units was amended to provide more three bedroom units

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• Separate facilities for clothes washing/drying was provided in the form of utility rooms. • Additional public and private open space was provided • The height of the proposed building at a number of locations was reduced • Each retail unit and office was provided with toilet facilities for staff use • Waste storage facilities was revised • Architectural treatment (heights, roof slopes position of windows) of the buildings adjacent to the Square were revised • The main vehicular entrance was relocated to the south-eastern corner of the site • The site area was expanded from 8,460 m2 to 11,602 m2 as a result of providing additional public open space and parking in the southern portion of the site and a revised road layout • The car parking provision was increased from 276 no spaces originally proposed to 281 no. spaces. As a result of the further clarification request alterations submitted include: • Proposed Block A was omitted, resulting in the reduction of 22 no residential units, total now 33 units • The proposed anchor store basement level storage room was relocated to first floor level • The height of proposed Block C was reduced by 1.225m • Additional public open space was added to the scheme as a result of omission of Block A • 5 no. additional car parking spaces were included – total 286. The planning authority decided to grant planning permission subject to 70 conditions, in accordance with the planning recommendation. Other reports on file include: EHO – conditions Environment – conditions CFO- conditions Sanitary Services - conditions

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Roads Design – conditions Eastern Regional Fisheries Board – R Liffey Catchment – Rye Water River is an important spawning tributary of the Liffey in this area. The Royal Canal is also an important resource, supporting significant populations of coarse fish and a range of other freshwater aquatic species. The Rivers Liffey and Rye Water are exceptional among most urban rivers in the area in supporting Atlantic salmon and sea trout in addition to resident brown trout populations. This highlights the sensitivity of local watercourses and the Liffey catchement. Potential for pollution of surface waters from both suspended solids and hydrocarbon elements is significant. Comprehensive surface water management measures must be implemented at the construction and operational stages- attenuation ponds, petrol/oil interceptors, and silt fencing of discharge streams during construction. Fishing Ireland publication, to be constulted when planning works; and any works directly affecting watercourses or riparian habitats in the area must first be submitted to the fisheries Board for assessment. It is essential that sufficient capacity is available in the sewerage system and treatment plant. Consttruction activities should not impact on access for anglers and other recreational users of the Rye Water River. Objectors Seamus and Jane Staunton; Colm Doonan; Michael Madden; Mary Grant; Waterside Waterside Kilcock Property Company Limited; Chris Ryan; Kilcock & District Community Council. Concerns include: height, overlooking, overshadowing, water supply, Leixlip pumping station; asbestos; construction parking, secant piling, parking problems. Proposal follows a series of other planning applications, which were invalid or withdrawn. Current proposal relates to a smaller site. Traffic impact – junction 1 Harbour Street/ School Street/Bridge Street analysis indicated that it is operating over capacity in both AM and PM peaks at baseflow scenario in 2006 with the recommendation made for its signalisation. TIA indicates that the junction would operate at capacity in do nothing and do something scenarios in 2009 and 2019. No commitment to provide singalisation by applicant. Surveys carried out in 2006 are out of date. Discrepancies in floor areas quoted. Proposed six storey building will impact negatively on surrounding existing development, which is predominantly 2-3 storeys in height. Proposed development also fails to demonstrate an appreciation for the urban context of which it is a part. The height and massing of the scheme is wholly out of context with the surrounding area and the quintessential elements that make up its character; section 2.8.2 Architectural Conservation Area of Kilcock LAP is quoted. Discrepancies in retail area statements and no retail impact submitted. Issues of property rights. Construction – dust, noise and vibration and disruption of services. Conditions include Condition No.: 7 use of 16 independent units class1 Part 4 15 external finishes

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16 S 47 town square enhancement works 19 revised drawings residential waste /recycling facilities prior to commencement 27 diversion of mains sewer 28 wayleave on adjoining private land 32 maintenance agreement in particular surface water attenuation system 52 re Part V 53 re entrance form the inner relief road 64 improve New Road between junction with Harbour Street and The Square 66 Prior to the commencement of the development, the developer shall submit a detailed design for the written agreement of the Planning Authority for the river crossing that will be required to continue the inner relief road outside the developer’s landholding in the future. This design shall illustrate how the section of relief road to be constructed within the developer’s handholding will tie into both the river crossing and the future section of the relief road. 67 The developer shall provide a signal-controlled junction between the proposed inner relief road and Harbour Street. Prior to the commencement of the development, the applicant shall submit for the written agreement of the Planning Authority detailed design drawings and specifications for this junction. The junction may require the incorporation of MOVA or SCOOT technology to maximise the efficiency of its operation, and if this is deemed necessary by the Planning Authority, the design shall include this. In addition, the provision of 1 CCTV pole and camera at the junction shall be included in the design. All installations shall be connected to Kildare County Council’s Traffic Management Centre located in the Council’s headquarters in Aras Chill Dara, Naas. The design of the junction shall include provisions for a 10.0m wide carriageway along the section of Harbour Street adjacent to the developer’s landholding to ensure that there is sufficient space for turning lanes etc. The developer shall liaise with the Roads Design Section of Kildare County council prior to making this submission. The developer shall be liable for all costs associated with the design and implementation of this signal controlled junction. 68 €339,150 development charge 69 €389,000 development charge

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PLANNING HISTORY History this site 02/284 Revised proposal providing for a mixed retail / residential development consisting of 3no. four storey blocks with ancillary car parking, refuse storage and landscaping at ground and deck levels – permission granted to Dermot Kelly. PL 09.208046 - 03/586 Demolish existing building and construct three storey building at The Square with three and four storey buildings along New Road; fourth storey element set back along New Road, with basement car parking, accommodation included: four retail units, one with basement, 5 no. one bedroom and 28 no. two bedroom apartments. Along Market Square it included a building of two and three storeys; along the part of New Road between Market Square and the bend a four storey building, with the fourth floor set back; the access to the site separated that building from the next proposed building on New Road which was two and three storeys. Permission granted to P&L Bakery. The site covered an area from the Market Square to New Road with the same frontage to these roads as in the present case. The site was less extensive in a southerly and easterly direction than the subject site. Along New Road the proposal provided two separate buildings on the site separated by a central courtyard; the larger building extending from the north western boundary of the site at the Square to the central courtyard and the second smaller building located to the south of the central courtyard and extending along the south-eastern boundary, with an approx. 1.5m wide corridor separating it from the adjacent 2-storey building on the corner of New Road and Harbour Street. In addition a single-storey stand alone building was located at the north-eastern boundary of the site. Other relevant history: PL 09.225510 - 06/1422 Major mixed use residential development on Zed Candy site. Decision to grant has been appealed.

GROUNDS OF APPEAL Two third party appeals have been received against the decision to grant permission and the first party has appealed a number of conditions. I propose to commence with the third party appeals and then deal with the appeal against conditions.

THIRD PARTY APPEALS : Waterside Kilcock Property Company Limited represented by Tiros Resources Ltd., state in their grounds of appeal that they have been granted permission by Kildare County Council for the redevelopment of the Zed Candy Factory Site to the north-west of the

______PL09.227800 An Bord Pleanála Page 12 of 55 town and is principally concerned that the proposal will create a traffic hazard in the town by virtue of the traffic that it will generate and the fact that the necessary road infrastructure referred to in the grant of planning is not in place no likely to be in place for some years. There is no supporting analysis or confirmation that the roads proposed will relieve the town centre and create additional capacity. The other concerns can be summarised as: the quality of the development in urban design terms, particularly with regard to public and private open space and the fact that the design is not befitting its location within a conservation area. Road infrastructure concerns are not relevant in relation to the development on the Zed factory site, since the alignment of Church Road as it travels past the factory; the proximity of the site to the M4 and the capacity assessment of the junctions that will be impacted. Their traffic analysis presented did not rely on any relief roads of additional roads infrastructure. Proposal is premature pending the finalization of the design of the proposed inner relief road its approval through the Part 8 process, and the necessary compulsory purchase of the lands if they cannot be purchased by agreement. The scheme is poor in the design of open space and has failed to provide residential amenity commensurate with planning policy. It does not have sufficient regard to its conservation setting. Michael Madden’s concerns expressed in his grounds of appeal can be summarised as: height, scale and visual impact, quality of architecture and overshadowing.

RESPONSES The Planning Authority has not responded to the third party appeal First Party response to the third party appeal received 13 th March 2008. Deals with: impacts on traffic / roads; impacts on heritage values and urban design; lack of open space; overshadowing Waterside Kilcock Property Company Limited is a competitor with a development proposal before the Board. They will be in direct competition. It is submitted that the motivation for the third party appeal is with the sole intention to delay the development and the Board should dismiss the appeal under Section 138(1)(a) of the 2000 Act. Traffic – DBFL Consulting Engineers report addresses 7 no points and concludes that the concerns regarding traffic and roads are unwarranted and that the proposed development will not have a detrimental impact on the town centre.

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Heritage and Urban Design - ACA. The architectural design has been guided by the applicant’s qualified heritage conservation architect. KCC Heritage Conservation Officer has reviewed the design and not requested its alteration. Lack of open space

Kilcock Develoment Plan Proposed (m 2) req. (m 2) Public 1,400 2,875 Private 1,400 2,055 Total 2,800 4,930

Public comprises - new public square – 1,060 m 2; new civic plaza – 415 m 2; podium garden – 1,400 m 2. Private comprises – balconies – 515 m 2; roof garden – 440 m 2; podium garden – 1,100 m2. Distinction is made between private and public open space at podium level. Rail / boundary treatment – the appeal notes that there is no rail or boundary treatment provided for the north and north western boundary of the proposed podium level semi-private open space – they are willing to accept a condition that the treatment be agreed with the planning authority. Overshadowing – re Michael Madden appeal. The Board is referred to appendix 2 of the first party submission; although the proposed development will overshadow adjoining properties to some degree at various times of the day, it is submitted that the extent and duration to which this occurs is minimal, especially considering the site’s urban setting and the shadow case by the site’s existing buildings. The proposed development has been specifically designed to minimise the level of overshadowing by providing a design which is limited in terms of scale and form in areas which are proximate to residential properties. The minor negative impact on adjoining properties what will occur from overshadowing has to be balanced against the significant merits of the proposal in providing a compact urban form and medium density development in a town centre location. The scheme does not extend as far south as the canal frontage, but instead forms a ‘backdrop’ to the neighbouring existing two storey structure on the corner of New Road and Harbour Road. This particular structure is very low in scale compared to the neighbouring buildings – should it be replaced with a new building more in keeping with the canal frontage over time, it would almost entirely obscure the view of the proposed development to the rear.

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Consulting engineers – MOVA (Microprocessor Optimised Vehicle Actuation) is particularly well suited to the following: • Sites with high traffic flow, particularly where these are seasonal or intermittent’ • Sites experiencing capacity difficulties under VA (Vehicle Actuation) control with congestion on one or more approaches • Sites with high speed approaches and / or red compliance problems • Where additional capacity is required to allow pedestrian facilities or safer staging structure to be introduced • Where more than one junction is situated too close to be considered as isolated, there are ways in which two or more junctions can be linked by the use of MOVA control. Partially or even fully signalised roundabouts are a good example of a MOVA linking opportunity. • Puffin crossings where the call-cancel demands from kerbside detectors can be dealt with correctly and the identification of gaps in traffic can be considerably more effective than D(demand) -system VA. The method of trip forecasting for a multi-use development is to apply the relevant trip rate for each use type and then add them together. Trip rates, however, are generally an indication of the likely trip generation of a stand-alone development, and do not take account of dual trips made to multiple development uses within a site. i.e., trips that are made to one or more secondary uses as well as to the primary use in one journey, thereby becoming internal to a multi-use site. The dual trip reduction factor (also known as capture rate) can be defined as the percentage reduction in traditionally developed trip forecasts to account for trips internal to the site. Pass by or non-primary trips are generally defined as trips visiting new developments without making a significant diversion at all, i.e., trips accessing the site from the adjacent link which they use to travel between their origin and final destination. Pass-by trips can be considered as a major component. Third party response The Board circulated the first party response to the grounds of the third party appeal against the decision to grant permission. One of the third parties has responded to the first party response which can be summarised as: Waterside Kilcock Property Company Ltd., has been granted planning permission for the redevelopment of the Zed Candy factory site to the north-west of the town. The concerns raised are not of relevance to the redevelopment of the factory site. Traffic modelling based on the provision of an inner relief road is flawed since there is no objective in the Kilcock town Plan to provide such a road and the lands in question are in third party ownership. The impact of the scheme within the historic town core has been ignored.

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Their concern is not about the impact on protected structures in terms of proximity but on the overall architectural conservation area. Regarding the first party argument that the replacement of derelict buildings will result in positive addition to the street; it is imperative that a high quality design that respects and complements the existing historically significant buildings surrounding the site is imperative. This is a strategic and prominent site and together with its close relationship to the historic medieval core of the town, demands a development of sufficient design calibre that is consistent with the character and identity of Kilcock. There is lack of clarity in relation to open space provision. In response to concerns re overshadowing it is not sufficient to state that a certain extent of overshadowing should be expected in urban areas. They refute the claim that their appeal was submitted with the sole intention of delaying the development.

FIRST PARTY APPEAL Note the letter with the appeal states the first party is appealing condition nos. 28, 42, 52, 60, 64 , 65 , 66 , 68 and 69. (65 - improvement of junction between New Road and Harbour Street), (66 – to submit design of river crossing that will be required to continue the inner relied road showing how the section of road to be constructed on the developer’s landholding will tie in). An accompanying statement states that they are appealing condition nos. 28, 42, 52, 58 60, 64, 68 and 69. The detailed submission of appeal is in respect of the second list. I am assuming that the appeal is in respect of condition nos. 28, 42, 52, 58 60, 64, 68 and 69.

The conditions referred to in the appeal are as follows: Condition 28 A 10m / 20m wayleave shall be secured for the foul / surface water sewer on adjoining private land. Reason: In the interests of the proper planning and development of the area. Condition 42 No unit to be occupied on site until the proposed Kilcock pumping station upgrading are completed and commissioned. This confirmation is to be received in writing form the Sanitary Services Authority. Reason: To ensure proper servicing of the development and to prevent pollution. Condition 52 Within 8 weeks from the date of grant of this permission, or if agreed in writing with the Planning Authority before development commences, the applicant and any other person with an interest in the land to which

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this application relates, shall complete an agreement with the Planning Authority concerning the development of the land in accordance with the objectives of the County Development Plan 2005-2011 and the Housing Strategy 2005-2011 which requires the provision of 20% social and affordable housing in accordance with Part V of the Planning & Development Act 2000-2006. No development shall commence prior to written agreement with the Planning Authority. Where an agreement on the provision of social and affordable housing has not been reached within 8 weeks of the grant of permission, or otherwise in accordance with the foregoing, the developer shall in accordance with Sections 94 to 96 of the Planning and Development Act 2000 as amended by the Planning and Development (amendment) Act 2002 and in accordance with the Kildare Housing Strategy 2005-2011 reserve 20% of the land to which the permission relates for the provision of housing referred to in Section 94(4)(a) of the Planning and Development Act 2000 and shall enter an agreement providing for the transfer to the Planning Authority of the ownership of such land. No work shall commence on site until written agreement on compliance with this condition has been completed. Reason: To provide for social and affordable housing and to promote social integration having regard to the policies/objectives of the Kildare County Housing Strategy 2005-2011 as contained in the County Development Plan 2005-2011 Condition 58. The Planning Authority does not accept the suggestion that a precedent on the requirement for car parking spaces has been set for Kilcock as each application is evaluated on its own merits. Consequently, car-parking spaces shall be provided for a minimum of 286 cars, on a durable permanent macadam surface within the curtilage of the site. Each car space shall be marked in 2.5 metre x 5.0 metre bays in 100 mm wide white lines with a durable permanent material. Circulation aisles shall be 6.0 metres wide. The developer shall pay a levy in accordance with the Development Contribution Scheme which was adopted by Kildare County Council at its meeting on 23 rd of February 2004, pursuant to section 48(8) of the Planning and Development Act 2000 in lieu of the shortfall of 32 parking spaces. Reason: In the interest of traffic safety. Condition 60 Car parking shall be monitored and in the event of the Planning Authority deciding that a shortfall in car parking spaces exists, the developer shall provide such extra car parking as the Planning Authority may specify at an approved location adjacent to the site / or within the curtilage of the site.

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Reason: In the interest of traffic safety (having regard to the public road adjacent) and to ensure that adequate car parking facilities are provided on site.

Condition 64 Prior to the commencement of the development, the developer shall submit detailed proposals for the written agreement of the Planning Authority to improve that section of the New Road between the junction with Harbour Street and the Square. The proposals shall include provision for a 7.3m wide carriageway and 2.0m footpaths to both sides of the road. The developer shall liaise with the Roads Design Section of Kildare County Council prior to making this submission. Reason: In the interests of traffic and pedestrian safety. Condition 68 Before the development commences the applicant/developer shall pay to Kildare County Council the sum of €339,150, being the appropriate contribution to be applied to this development in accordance with the Development Contributions Scheme adopted by Kildare County Council on 23 rd February 2004 in accordance with Section 48 of the Planning and Development Act 2000. The amount payable under this condition shall be fully index-linked from the date of grant of permission. Reason: It is considered reasonable that the developer should make a contribution in respect of public infrastructure and facilities benefiting development in the area of the planning authority. Condition 69 Before the development commences the applicant/developer shall pay to Kildare County Council the sum of €389,000, being the appropriate contribution to be applied to this development in accordance with the Development Contributions Scheme adopted by Kildare County Council on 23 rd February 2004 in accordance with Section 48 of the Planning and Development Act 2000. The amount payable under this condition shall be fully index-linked from the date of grant of permission. Reason: It is considered reasonable that the developer should make a contribution in respect of public infrastructure and facilities benefiting development in the area of the planning authority.

First Party Grounds The grounds of appeal, stated by Declan Brassil on behalf of the first party, against conditions, can be summarised as: Condition No.:28 A 10m / 20m wayleave shall be secured for the foul / surface water sewer on adjoining private land. The stated wayleave widths are onerous. The wayleaves

______PL09.227800 An Bord Pleanála Page 18 of 55 widths should be in accordance with the Greater Dublin Sustainable Drainage Strategy policy document, Volume 2, Section 7.4. Accompanying letter from DBFL Consulting Engineers states: ‘the stated requirement for 20m wayleaves on a compact development such as this they feel is extremely onerous. The existing 1200mm storm sewer which crosses the site will be diverted and a 12m wayleave provided over its revised route as shown on drawing 062011 – 3000 submitted as part of the application. The 12m wayleave would be in accordance with the requirements of the GDSDS (Volume 2 New Developments Section 7.4) based on its average depth of 4m Section 7.4 states ‘Where access to a sewer is to be restricted on both sides, the clear distance required is a minimum of 6m, being normally 3m either side of the centerline. Where the clear distance does not contain a public right of way of sufficient width for plant access, typically 3m, the clear distance should ensure satisfactory access and support arrangements. Where the depth to invert exceeds 3m, the boundary of the clear distance shall not be within the 45 degree line of influence from the base of the pipeline trench’. All other sewers should only required maximum wayleaves of 10m and should be in accordance with GDSDS policy as noted above. They feel condition 28 should be revised to state all wayleaves to be in accordance with GDSDS Policy Document, Volume 2, Section 7.4. Condition No 42 unit occupation – should only refer to residential units. . Accompanying letter from DBFL Consulting Engineers states: ‘this condition should be clarified that ‘no unit’ should have read ‘no residential unit’. It is generally the case that local authorities retain capacities in their systems to facilitate social/employment based activities. Clearly the commercial element of the development is an employment based activity and should be allowed to open without any timing issues applying.’ Condition No 52 Part V – the condition requires the applicant to provide land if an agreement has not been reached . This is outside the scope of the Planning and Development Acts that does not specify such a restriction in relation to how the applicant can comply with social and affordable housing provisions. The Planning and Development Acts are specific in relation to the procedure whereupon a situation arises that the planning authority and development has not been able to reach agreement in relation to the development social and affordable housing provision. It is requested that the Board amend condition no. 52 by omitting the last paragraph. Conditions Nos 58 & 60 -car parking- Condition No 58 – levy to be paid in respect of shortfall - section 9 of the Kildare County Development Contribution Plan 2004 requires a financial contribution of €6,000 for each car-parking space where there is a shortfall in car parking provision. Accordingly Condition No 58 requires the payment of €192,000 in respect of the proposed a financial contribution in respect of the proposed development car parking shortfall. The condition is firstly appealed on the basis that the shortfall of car parking has been calculated incorrectly, requiring a financial contribution in respect of 32 no. spaces. The proposed development provides a total of 286 no car aprking spaces and therefore in

______PL09.227800 An Bord Pleanála Page 19 of 55 accordance with Table 4.1 of the Kilcock Development Plan 2002 the shortfall of parking should only be 25 no spaces. Table 1 below sets out the car-parking required in accordance with Table 4.1 of the Kilcock Development Plan 2002.

Use Extent /Quantum Kilcock DP Total no spaces standard Required Proposed Use Residential 33 1 per unit + 1 49.5 visitor per 2 units Office 518 m2 1 per 25m 2 per GFA 20.72 Retail < 250m2 1,597m2 1 per 24m 2 per GFA 66.5 Retail 250m2 – 268m2 1 per 18m 2 per GFA 14.8 1,000m2 Retail >1,000m2 1,910 1 per 12m 2 per GFA 159.1 Total required 311 LAP Total provided 286 Shortfall 25 Payment should be in respect of 25 rather than 58. All 286 spaces proposed are in the ownership of the applicant. Although the imposition can be justified in terms of the CDP and in some respects the Kilcock LAP it is submitted that there is sufficient car-parking provided on site to cater for the expected demand and the condition is unreasonable. The shortfall is 8% should be permitted on the basis that the car parking standards do not take into consideration the dual usage of parking spaces that occurs between different users that are located on the same site; when customers visit the anchor store they are also likely to visit the ancillary retail units. It is predicted that this will occur 30% of the time. The Kilcock LAP makes specific provision to allow a relaxation of the Plan’s car – parking requirements under S 3.8.3. (Objective T7). The site is located in the Architectural Conservation Zone and therefore this objective should be applied. S 4.1.6 of the LAP is quoted. It is also submitted that it is unreasonable to request payment in respect of car parking when Kildare County Council do not have any plans to provide car parking facilities in Kilcock town centre.

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The Board is also requested to take into account the precedent set in the determination to grant permission to Zed Candy ref. no. 06/1422 for a mixed use development at Church St, Kilcock. The requirement for 1003 spaces and proposal for 694 represents a shortfall of 30%. The Board is requested to omit condition no 58. Alternatively if the Board is not of mind to permit a relaxation then the Board is respectfully requested to amend Condition no. 58 so that it only requires a financial contribution in respect of 25 no. spaces. Condition No. 60 – car parking to be monitored and in the event that the planning authority decides that a shortfall of car parking exists, the developer shall provide such extra within or the site or at an approved location adjacent - This condition effectively means that more car parking may be required by Kildare County Council if they consider that there is a shortfall of car-parking at the site based on monitoring of its usage. The applicant has several issues with this condition which are as follows: • As stated above, it is submitted that the proposed development provides sufficient car-parking space to cater for the demand for the same. Accordingly, the condition has no basis. • It is also submitted that the proposal’s provision of car parking facilities is matter which should be dealt in processing of the planning application, not after permission has been granted. To require more car-parking spaces after development has been constructed would present obvious and quite serious financial issues for any developer. • The condition is also unsatisfactory in that it makes no mention of the financial contribution required in respect of the shortfall in car-parking spaces required by a condition 58. The developer should not be expected to provide more car- parking when a financial contribution has been paid in respect of the car-parking. • The condition would also present practical problems as it may potentially constrain the development of adjoining lands if car-parking had to be provided on an adjacent site. Condition No. 64 - upgrading of New Road between the junction with Harbour St and the Square, 7.3m carriageway and 2.0m footpath both sides. Letter from DBFL Consulting Engineers refers. The applicant is required to carry out works on lands owned by third parties. This requires the construction of a footpath on the south western side of the road which has already been required by condition no. 22 attached to permission reg. ref. 05/22665 to S Macari which states ‘A 2 metre wide footpath shall be constructed along the entire road frontage of the site. The exact level and location of the footpath to be agreed on site with the Planning Authority.’ The footpath facilitates the development under reg. ref. 05/2665 and it is more appropriate that it be provided by that development. The subject proposed development is located to the north of New Road and not directly of indirectly facilitated by the footpath and the first party should not have to provide same. Accompanying letter from DBFL Consulting Engineers states: ‘ New Road is generally 7.0 -7.3m wide at the moment and we are proposing a footpath as part of the scheme on

______PL09.227800 An Bord Pleanála Page 21 of 55 our side of the road. We have no difficulty in providing the road width requested and a 2m wide footway on our side of New Road. Providing a footpath on the opposite side of the road from our scheme would require access onto and works on third party lands. This should be appealed on the basis that providing a footpath opposite would require our client to work on 3 rd party lands and the required footpath should be provided as part of the proposed development of the site opposite.’ Condition No. 68- financial contribution – commercial – conditions nos. 68 and 69 are identical conditions with different contributions sums. Kildare County Council has informed the third party that condition 68 pertains to the commercial aspect of the proposed development and 69 to the residential. Contribution scheme requires €75 per square metre, €399,150 divided by €75 = 4,522; it is submitted that this is erroneous as the total commercial floorspace is 4,293 m 2. Floorspace is stated in OBK Architects schedule submitted to the planning authority on 11 th December 2007. Over calculation is €17,175. Condition should be amended to €321,975. Condition No 69- financial contribution – residential – Contribution scheme requires financial contribution for different classes of residential development. For apartments with a floor area between 0-92 m 2 the rate is €11,000 for each apartment, while for apartments with a floor area between 93-139m 2 the rate is €12,000 for each apartment. The proposed development only proposed 16 no. apartments with a floor area between 0- 92m 2 and 17 no. apartments with a floor area between 93-139m 2 accordingly the correct financial contribution should be €380,000 instead of €389,000

RESPONSES Planning Authority The planning authority has responded to the first party appeal stating: Condition No. 28 (10m / 20m wayleave for the foul / surface water sewer on adjoining private land) - ensures that the outfall sewer may be maintained – a 10 meter wayleave should suffice. Condition no. 42 (unit occupation) - should be retained as the pumping station cannot cater for the Development. Condition no. 52 Part V no response Condition no. 58 (car parking) - the planning authority has permitted the relaxation of the car parking standards of the Kilcock Town Plan and has levied for the difference. The shortfall in the number of car parking spaces required was calculated based on information supplied by the applicant in their response to clarification of further information received on the 11 th December 2007 (page 5 item 7 of DBFL Consulting Engineers report) which stated that 318 spaces were required and 286 spaces were being provided, leaving a shortfall of 32.

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Condition no. 60 (car parking) - the planning authority has not been convinced by the applicant that a relaxation of car parking standards will be appropriate into the future. Monitoring is a sensible suggestion to ensure the development has sufficient parking spaces to meet demand by users. Condition no. 64 (upgrading of New Road) – The works do not require the applicant to use third party lands. Also the applicant has championed the development as being on a town centre site. The provision of safe pedestrian linkages to the site on a directly adjacent street is not considered unreasonable. The footpath on the southern side of New Road is directly adjacent to the site. Condition No. 68 (contribution) - relates to the contribution due on the commercial element of the application. The floor area is broken down as follows: Convenience unit 1910 sq m Retail element 1841 sq m Office / administration 771 sq m Total 4522 sq m @ 75.00 per sq m Total due €339,150.00 Condition No. 69 (contribution) -relates to the residential element of this application. The apartments fall into two bands based on floor areas as per current scheme for residential units i.e. €12,000 and €11,000 per unit as follows: 12 x 3 bed apartments @ €12,000 €144,000 14 x 2 bed apartments@€12,000 €168,000 7 x 1 bed apartments@€11,000 €77,000 Total due €389,000.00

The first party appealant has responded (1 st April 2008) to the planning authority response to the first party appeal, which can be summarised as: Appeal refers to conditions no.s 28, 42, 52, 58 60, 64, 65, 66, 68 and 69. The water Services report addresses the applicant’s appeal in relation to conditions no.s 28 and 42, a response is provided by DBFL Consulting Engineers attached as appendix. In relation to condition no 28 the DBFL submission concludes that a 10m wide wayleave should suffice and that the applicant should have no difficulty complying with same. In relation to condition no 42 the DBFL submission requests that the no occupation condition is only applied to the residential element. The employee population of the proposed development would be similar to the existing populations employed on site at present and therefore much of the new loading on the eater services would be accounted for in the current site

______PL09.227800 An Bord Pleanála Page 23 of 55 use which will cease. The Board is requested to amend condition no. 42 so that it only applies to the residential aspect of the proposed development .

DBFL Consulting Engineers: Re condition no 28 they concur with conclusion that 10m wayleave should suffice . Re condition no 42 The employee population of the proposed Mixed Use development would be similar to the existing populations employed on site at present and therefore much of the new loading on the water services would be accounted for in the current site use which will cease. Roads Design Office Report in relation to conditions no.s 58, 60 and 64. The Kildare County Council Transportation report states the shortfall in car parking spaces was calculated on the information supplied CFI 11 th December 2007. It has now been found that the floorspace figures stated in the DFBL submission was erroneous as they did not use the updated figures provided by the applicants architect. The car- parking figures stated in the first party appeal are correct and therefore the applicant’s grounds of appeal stated in the appeal stand. The Board is requested to omit condition no 58, alternatively if the Board is not of mind to permit a relaxation then the Board is respectfully requested to amend Condition no. 58 so that it only requires a financial contribution in respect of 25 no. spaces instead of the 32 required by the condition. Re condition no 60 The Kildare County Council Transportation report states that a relaxation in car parking standards will not be appropriate into the future. The first party reiterate their previous concerns and request condition no. 60 to be omitted. Re condition no 64 A response to the Councils report is provided by DBFL Consulting Engineers which concludes that the provision of a 2m wide footpath on the western side of New Road would not be possible without setting back the building line of the proposed scheme. Notwithstanding the DBFL submission goes on to state that the applicant would be willing to provide the 2m wide footpaths (or reduced width if acceptable) on both sides of New Road assuming this does not require any building setback or loss of proposed parking on New Road. This would also assume that the provision of the footpaths would not entail works on third party lands. The exact details could be agreed through compliance with Kildare County Council’s Transportation Service. Board is respectfully requested to amend Condition no. 64 so that it does not require the applicant to carry out work on third party lands and does not require any building setback or loss of proposed parking on New Road. Planning Department Report addresses the financial contributions required conditions nos. 68 & 69 . The report does not address the issues with the way the financial contributions have been calculated that were raised by the applicant.

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Contribution scheme requires €75 per square metre, €399,150 divided by €75 = 4,522; it is submitted that this is erroneous as the total commercial floorspace is 4,293 m 2. it is therefore based on an incorrect assessment of floorspace. The proposed development has a floorspace of 4,293 m2. The floorspace is stated in OBK Architects schedule submitted to the planning authority on 11 th December 2007. Appendix 2 of this submission. Total commercial floor area can be calculated by adding the gross retail floor area with the gross office floor space (3,755 m2 retail + 4,293 m2office =4,293 m2). Over calculation is 229 m2 €17,175. Condition should be amended to €321,975. Condition No 69- financial contribution – €389,000 residential – Contribution scheme requires financial contribution for different classes of residential development. For apartments with a floor area between 0-92 m 2 the rate is €11,000 for each apartment, while for apartments with a floor area between 93-139m 2 the rate is €12,000 for each apartment. The proposed development only proposes 16 no. apartments with a floor area between 0-92m 2 and 17 no. apartments with a floor area between 93-139m 2 this fact is verified by the floor area schedule compiled by OBK Architects in response to councils clarification of further information 11 th December 2007; attached as Appendix 2 and also colour coded. The correct financial contribution should be €380,000 instead of €389,000

DEVELOPMENT PLANS AND POLICIES Kildare County Development Plan 2005 2011 Retailing Objectives (1) To address leakage of retail expenditure from the County by providing the means to strengthen the range and quality of its retail offer through securing the development of the appropriate quantum and quality of additional convenience, comparison and bulky goods retail floorspace in centres across the County. (2) To ensure an efficient, equitable and sustainable spatial distribution of main centres across the County. (3) To confirm a hierarchy which assists in defining the County’s settlement structure and objectives and provides clear guidance on where major new retail floorspace would be acceptable. (4) To ensure that the retail needs of the County’s residents are met as fully as possible within Kildare, taking due cognisance of the Retail Hierarchy set out in the GDA. (5) To encourage and facilitate the preservation and enhancement of the retail role of both individual villages and village/settlement clusters around the County. (6) To encourage and facilitate the re-use and regeneration of derelict land and buildings for retail uses, with due cognisance to the Sequential Approach. (7) To promote and sustain the importance of retailing in the County’s tourism economy. ______PL09.227800 An Bord Pleanála Page 25 of 55

(8) To encourage and facilitate innovation and diversification in the County’s retail offer and profile. (9) To provide the criteria for the assessment of retail development proposals [outlined in Schedule 7.1.

The County Retail Hierarchy Follows the settlement hierarchy with Kilcock part of primary dynamic cluster of towns in the Metropolitan area. Other towns of moderate size > 5,000 - 15,000 are Celbridge, Maynooth, Leixlip. For those towns over the period of the County Development Plan and County Retail Strategy, it is important that they develop their role and functions as more self sustaining Metropolitan Area Tier 1 Level 3 Town Centres within the GDA retail hierarchy. As a result of their proximity and accessibility to the Dublin conurbation and its employment opportunities, all have become commuter towns with little parallel growth in shopping, leisure and community facilities and supporting infrastructure. They have also been overshadowed by the major attraction and quality of shopping at Liffey Valley, which can be reached with ease along the M4. As a result of these factors, the towns are under-performing in respect of the quality and quantum of their retail offer. The Council would seek to ensure that they expand from predominantly commuter towns into more self-sustaining communities.

It is the policy of the Council: RP 12 To encourage the development of the retail and service role of Celbridge, Kilcock, Leixlip and Maynooth as self sustaining main centres within the Metropolitan Area of the County and the GDA.

RP 15 To work in partnership with local people, businesses, organisations and landowners to facilitate the regeneration of Kilcock Town Centre. Kilcock Town Plan 2002

Traffic congestion within the town was significantly relieved by the opening of the Kilcock By-Pass (M4). However, as in other towns, traffic levels within the town have continued to increase and this remains an issue that the Council will seek to address.

It is the Policy of the Council to seek to improve residential amenity, traffic flow and the provision of public transport in conjunction with the Garda, local business interests and residents’ associations.

The basis of the Council’s roads policy will be to relieve traffic congestion in the town centre, while aiming to minimise through traffic through residential estates. A number of distributor roads are planned to improve the circulation of traffic around the town. While the primary purpose of these roads is the safe and efficient circulation of traffic, the Council will endevour to ensure that the environment of these roads is as pleasant and safe as possible through appropriate landscaping and their passive supervision through

______PL09.227800 An Bord Pleanála Page 26 of 55 encouraging overlooking by residential and ther development. The Council will investigate with Meath County Council the possibility of onstructing new bridges connecting the proposed rezoned lands in County Meath ith the town to relieve pressure on the existing County Bridge and improve connnections between the two sides of the town .

2.5.3 Parking and Loading Parking is mostly provided on street and in the Market Square. Car parking in the own centre is inadequate. The Council recognises that additional off-street parking is required, especially in the commercial core, but will ensure that, where such parking is to be provided, the existing character of the town will be safeguarded. The Council will consider proposals for additional car parking facilities on suitable sites that would improve the parking and traffic problems of Kilcock.

Kildare County Council recently laid out a surface car park as part of an environmental improvement scheme in association with the re-opening of Kilcock railway station. While this car park is adequate to cater for present levels of commuter car parking, the Council will monitor growth in demand and seek additional spaces as demand dictates.

It is the policy of the Council to continually review parking requirements in Kilcock and to introduce new or amended measures to effectively control parking throughout the town.

All new developments will be required to provide sufficient and adequate off-street car parking facilities, either directly or indirectly, to cater for the immediate and anticipated future demands of the development. In addition, adequate loading and unloading facilities will be required. The Council will also seek that adequate parking facilities are provided for schools and other uses.

Town Centre Policies

It is the policy of the Council to re-establish the historic town centre as the heart of the town, to increase its vibrancy and to improve its environment. Accordingly, the Council will encourage the development and re-development of sites that will enhance residential, commercial, cultural and social activity in the area. The Council recognises the importance of maintaining a strong retail base in the town centre and its policies on retailing reflect this (see par. 2.2.3). It is Council policy to direct appropriate retail, commercial and other uses to the town centre. The retention and further development of ground floor retail uses will be particularly favoured. In the interests of the balanced development of the town the Council recognises the need to develop a stronger service sector which will strengthen Kilcock as a growth centre in the regional context. It is the Policy of the Council to promote the town centre as a retail commercial and service sector location.

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The town centre is the oldest part of the town. As well as containing some fine individual buildings, the Market Square and Harbour St. are fine examples of 18 th century town planning.

It is the Policy of the Council to protect the architectural quality of the town centre through designating a significant portion of it as an Architectural Conservation Area (see par 2.8.2).

To complement the Town Renewal tax incentives the Council intends to carry out environmental improvement works on the Square in accordance with the Town Improvement Scheme commissioned by the Council. 2.7.3 Obsolescence, Dereliction and Areas in Transition There are a number of high profile properties and lands in the town that are vacant or under-utilised. The Council recognises the need to encourage the beneficial use of these properties. It is the policy of the Council to seek the removal and renewal of derelict underused and vacant sites throughout Kilcock. In this regard the Council will use its powers under the Derelict Sites Act (1990) or as subsequently amended, as appropriate. These powers will be used in particular where properties benefiting from tax incentives under the Town Renewal Scheme continue to lie derelict.

It is the policy of the Council to protect buildings and structures listed for protection in Table 3.2 of this plan.

It is the Policy of the Council to encourage and support Duchas in carrying out an Inventory of Architectural Heritage for the Town of Kilcock. The Royal Canal is another important asset whose potential has yet to be fully exploited. The Council supports the efforts of Duchas in restoring the canal and will seek its preservation and enhancement.

Architectural Conservation Area In addition to protecting individual buildings and structures, the Council is aware that many other buildings, while not of sufficient merit to warrant individual listing, are nevertheless important in the context of their contribution to the streetscape. Market Square and the smaller side streets leading of it are particularly important in this regard. In recognition of the importance of townscape, it is the Policy of the Council to designate a portion of the town centre as an Architectural Conservation Area.

The Council will seek the retention and restoration of the external fabric of buildings within this zone. Particular attention will be paid to the retention and repair (or replacement with replicas of the originals if necessary) of original natural slate roofs, chimneys, external renders, iron rainwater goods, original timber sash windows and shop fronts. New development within this zone will be required to reflect the massing,

______PL09.227800 An Bord Pleanála Page 28 of 55 building lines and heights, roof pitches, proportions and finishes prevailing in the zone. The Council will pursue such grant aid and/or tax incentives as may be made available in support of this policy.

Views and Prospects Kilcock contains a number of sites, areas and vantage points from which views over local landmarks, lands and the canal may be obtained. Views and prospects for protection have been identified in the Plan and are listed in Par 3.11 and on Map 2. In the implementation of this policy, it is the intention of the Council to refuse permission for development that would block or otherwise interfere with a view that is designated for protection. In evaluating planning applications located in the foreground of identified views and prospects, consideration will be given to the effect such development may have on the view or prospect. It is the policy of the Council to protect the views and prospects of special amenity value or special interest listed in Par 3.11.

EC 4 It is an objective of the Council to protect views and prospects of the canal from all locations EC5 It is an objective of the Council to preserve views and prospects forming the settings and environs of all protected structures

Building Heights A high building is defined as one which is significantly higher than neighbouring or nearby buildings. In a number of locations, particularly within the town centre, consideration may be given to developments in which an increase in building height is proposed, especially where this provides added definition to the streetscape. Where buildings front onto large expanses of open space or wide streets and roads, taller buildings help give definition to the space or road. In such situations buildings of up to four storeys may be acceptable.

The building height of proposed developments will generally be considered in terms of the extent and location of the site, its relationship to open space, the width of the road or street onto which it faces and its setting within the town. the degree of overshadowing and loss of light to surrounding property; the degree of overlooking (particularly of residential property) and consequent loss of privacy to surrounding premises; • the extent to which there is a disruption of the scale of an existing streetscapes; • the extent to which the building detracts from structures or spaces of architectural or historic importance; • the extent to which the building detracts from important landmarks; • the detrimental effect on any existing building having special visual identity; • any attractive view from significant vantage points that would be obscured by the building; • the degree of obtrusion of the building on the skyline;

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• the visual relationship as well as the scale of the building in relation to open space and the effects of the building on the quality of the space; • the area of the site and whether it is large enough to provide a visual transition from the scale of surrounding development and • whether the purpose or civic importance of the building would justify its prominence.

Car Parking Standards Type of Development Relevant Car Parking Standards • House and flats (3 bedrooms or less) 1 car spaces per dwelling unit + 1 visitors parking space per 2 dwelling units • Shops (< 250 sq. m. gross) 1 car space per 24 sq.m. of gross floorspace • Shops (250 - 1,000 sq. m. gross) 1 car space per 18 sq.m. of gross floorspace • Large stores (> 1,000 sq. m. gross) 1 car space per 12 sq.m. of gross floorspace • Offices (town centre) 1 car space per 25 sq.m. of gross floorspace Note: Large or complex developments may be assessed separately with regard to the circumstances .

The Council reserves the right to alter the above requirements having regard to the circumstances of each particular development and the proper planning and sustainable development of the area.

Retail Development 4.3.1 Shopping Centres Applications for shopping centre developments will be considered in the light of the recommendations of the Retail Planning Guidelines 2000 or as subsequently amended. Generally shopping centres should be located in areas zoned Town Centre and should incorporate other uses so as to maintain activity outside normal shopping hours.

Zoning Objective A Town Centre To provide for the development and improvement of appropriate town centre uses including retail, commercial, office and civic use. The purpose of this zone is to protect and enhance the special character of Kilcock town centre and to provide for and improve retailing, residential, commercial, office, cultural and other uses appropriate to the centre of a developing town. It will be an objective of the Council to encourage the use of buildings and backlands and especially the full use of upper floors. Warehousing and other industrial uses will not be permitted in the town centre.

Retail Objectives It is an objective of the Council to; IC4 Encourage the upgrading and expansion of existing retail outlets in the town centre, IC5 Encourage the use of upper floors in retail premises for commercial or residential use,

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IC6 Prohibit the development of large scale retail and retail warehouse developments on the outskirts of the town in accordance with the Retail Planning Guidelines 20000 (or as subsequently amended).

Traffic and Parking T7 It is an objective of the Council to; • Investigate the provision of additional off street public car parking in the town centre, • Ensure adequate car parking spaces are provided in all new development • Consider the relaxation of normal road and car parking standards where compatible with road safety within the Architectural Conservation Zone, to retain its attractive townscape quality.

Town Centre Objectives TC1 It is an objective of the Council to preserve the townscape character of the town centre with its pattern of two storey buildings with pitched slate roofs. This objective will principally be achieved through the development control process and through the provision of advice to developers. Special care will be requires within the Architectural Conservation Area.

Protected Structures EC1 It is an objective of the Council to secure the preservation of certain items and structures of artistic, historic or architectural interest in Kilcock which are listed in table 3.2 below.

In addition to the items themselves it is an objective of the Council to preserve their environs and setting and to prevent and exclude any development which would destroy or detract from their amenity value.

Protected structures in the vicinity of the site include:

Table 3.2 Protected Structures IP 1 Ulster Bank, The Square building IP 2 County Bridge, the Square bridge IP 3 Hugh Murphy’s Pub, the Square building IP 4 3 storey building next to IP 5. The Square building IP 6 O’Reilly’s, School St. building IP 7 M. Daly, the Square Building IP 10 AIB Bank, Harbour st. Building IP 11 St. Joseph’s Schoool, School St. Building IP 18 Dwelling adjacent to Ulster bank, The Square Building IP 19 O’Keefe’s Public House, Harbour St. Building IP 22 Shaw Bridge, bridge IP 23 Canal lock and harbour Navigation Structure

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Architectural Conservation Area. EC3 It is an objective of the Council to protect and enhance the character of the Architectural Conservation Area delineated on Map 2. New development should be sympathetic in scale, massing and detailed design to the existing character of the area.

Protected Views and Prospects EC 4 It is an objective of the Council to protect views and prospects of the canal from all locations EC5 It is an objective of the Council to preserve views and prospects forming the settings and environs of all protected structures

Kilcock Local Area Plan (for the e nvirons area in Co Meath)

Circulation Route As detailed on Plan No. 3, a central roadway is proposed through the lands from the Maynooth Road to the Trim Road intersecting the Dunshaughlin Road north of Meath Bridge. This road will provide an inner relief road in the Kilcock environs allowing traffic from the outlying arterial roads access the subject lands, the Motorway and the Maynooth Road without the necessity to travel through Kilcock town centre, thereby relieving traffic congestion and improving the amenity of the town centre. . It is proposed to make Meath Bridge one-way northbound for vehicular traffic. A local distributor road will be provided, as illustrated on Plan No. 3, to facilitate a vehicular circulation route from the Dunshaughlin Road and adjoining development lands to the Maynooth Road. The detail alignment and design of this route will be agreed in consultation with Kildare County Council.

ASSESSMENT OF THIRD PARTY APPEAL Issues arising in relation to the principle of the development can be summarised as: retail; traffic; drainage; overshadowing; residential amenity; and visual impact; and I propose to deal with the third party appeal under those headings. Retail

The Kildare County Development Plan provides for a major retail centre at Collinsotwn Leixlip. It also provided for the Metropolitan Area Town Centres of- Celbridge, Kilcock, Leixlip and Maynooth to develop their role and functions as more self sustaining Metropolitan Area Tier 1 Level 3 Town Centres within the GDA retail hierarchy. It notes that the towns are under-performing in respect of the quality and quantum of their retail offer as a result of their proximity and accessibility to Liffey Valley and that they have become commuter towns with little parallel growth in shopping, leisure and community

______PL09.227800 An Bord Pleanála Page 32 of 55 facilities and supporting infrastructure. The Plan policies seek to ensure that they expand from predominantly commuter towns into more self-sustaining communities.

The Development Plan policies support the retail development proposed in particular the policies: To encourage the development of the retail and service role of Celbridge, Kilcock, Leixlip and Maynooth as self sustaining main centres within the Metropolitan Area of the County and the GDA .; and

To work in partnership with local people, businesses, organisations and landowners to facilitate the regeneration of Kilcock Town Centre.

The development is in accordance with the ‘Town Centre’ zoning. The purpose of this of zoning is to protect and enhance the special character of Kilcock town centre and provide for and improve retailing, residential, commercial, office, cultural and other uses appropriate to the centre of a developing town. A Retail Impact report was submitted as part of the application in July 2007 and revised in October 2007. It quotes the Strategic Planning Guidelines for the Greater Dublin Area which designates Kilcock as a level 3 town. These towns are smaller than major town centres and typically serve a 10 – 15 minute drivetime catchment. Maynooth is within the 10 minute catchemnt of Kilcock . The methodology used takes account of population change and per capita income abstracted from the Draft Kildare Retail Strategy. Population of the catchment is projected to grow from the 2006 figure of 30,210 to 36,212 in 2011 and 39,025 in 2013. Turnover per square meter of floor area is taken from the GDA Retail Strategy allowing for a 1.0% increase in efficiency for comparison goods hence turnover rates of €11,070 for convenience and €5,200 for comparison are used throughout the projected period. It quotes the Draft Retail Strategy 2005 paragraph 3.14 which shows indicative turnover ratios of €17,513 per m 2 for convenience and €5,694 per m 2 for comparison for the town stating that there would appear to be a significant degree of overtrading in the convenience sector while comparison turnover ratios would be considered to be healthy, but above average. Available expenditure is then matched to the available floor area at different time periods to determine whether there remains a surplus of expenditure after allowing for the available floorspace; or whether floorspace is overprovided. The July submission found that in the design year 2011 a surplus of €4.12m (million) of convenience expenditure would remain in the town after the development was accounted for. This was based on existing total net convenience floorspace provision in Kilcock and Maynooth of 8120m 2 and the addition of 1,575m2 in Kilcock (the proposed development) and 1,009m2 in Maynooth in 2011. The revised retail assessment arose from a further information query in relation to discrepancies in the stated floor area proposed. The revised report again estimated available expenditure on convenience goods in the design ______PL09.227800 An Bord Pleanála Page 33 of 55 year 2011. It indicated that there would be a small shortfall in available expenditure (€1,56m). This estimate was based on existing net sales area of 8120m 2 in Kilcock and Maynooth and additional floor areas in Kilcock of 2170m 2 and 918m 2 in 2011. The figure of 1,009m2 previously mentioned in Maynooth was not included. The figures for Kilcock are not explained. It is noted that the proposed development has a total (net) convenience floor area of 918m 2in the anchor store. In relation to comparison goods in the July submission a large surplus €148.47m was found to exist in 2011 after existing floor area in Maynooth and Kilcock of 7,210m2 was supplemented by proposed additional areas of 672 m 2 in Kilcock and 60 m 2 in Maynooth. The revised report again estimated comparison florspace: existing 7,210m2 ; and proposed of 2,711m2 in Kilcock in 2010 and a further 1,607m2 in 2011 giving a total of 11,528 m 2. The available expenditure still showing a surplus of €68.22m rising to €74.00m in 2013. Again the figures for Kilcock are not explained. It is noted that of the total (net) sales floor area of 1,528m 2 for the anchor store includes 610m 2 of comparison and that all 997m 2 in the 20 units is comparison (total 1607m2)

The figures supplied indicate that the proposed development will benefit the town by supplying floorspace based on retail need. The proposed development will assist in correcting the under-performance in respect of the quality and quantum of the retail offer identified in the County Development Plan and will help to develop the town as a more self-sustaining community which is an objective of the Plan. It will enhance the vibrancy of the town centre and by redeveloping an underutilised site will contribute to urban renewal and these are objectives of the Town Plan. It is considered that the retail aspect of the proposed development is in accordance with the proper planning and sustainable development of the area.

Traffic The original access proposal was to use the existing spur road off Harbour Street to serve the proposed development. Discussions were held between representatives of the developer and the planning authority and the revised access proposals, a significant departure from the original submission and involving an additional site area, were arrived at. The final proposal involves providing access to all car parking areas from a section of new road which joins Harbour Street further south than the existing site access and is located south of existing development. The proposed access road will provide a section of a new road, which is indicated as an objective in the Kilcock LAP prepared by Meath County Council for the environs area of the town in county Meath. In the LAP the road is indicated, generally in the location now proposed; and is intended to allow Meath Bridge to become one-way northbound for vehicular traffic. This local distributor road is to facilitate a vehicular circulation route from the Dunshaughlin Road and adjoining development lands to the Maynooth Road. The road will also relieve traffic on Market Square. The revised access arrangements are acceptable to the planning authority. The revised proposal will create a new urban road which should in time provide for frontage development. The proposed

______PL09.227800 An Bord Pleanála Page 34 of 55 development, which includes access to basement and surface car parking, and the provision of surface parking, should not constrain the future frontage development along this road. Access for deliveries will be from the existing access roadway which is bounded by existing buildings on Harbour Street. It has been indicated that it is not possible to close this access, as existing car parking serving adjoining development utilises the access. The service access is designed for articulated vehicles of 16.5m long. This entrance also provides for pedestrian access to the surface car park and retail units fronting it. There is potential for conflict between these of the access; pedestrians and delivery trucks; and this has not been satisfactorily resolved in the documentation submitted. The impact of the additional traffic generated by the proposed development has been raised as an objection to the proposal. It has been argued that there has been insufficient analysis of traffic due to absence of key/NRA (National Roads Authority) and IHT (Institute of Highways and Transport) industry standard and that the proposal is premature pending the design and completion of the Inner Relief road. A response to this issue has been submitted, in a report from DBFL Civil and Structural Engineering consultants on behalf of the first party. Defending the methodology used in their previous reports and responding to concerns regarding the capacity of the adjoining roads. They state that both the Harbour Street/School Street/Bridge Street and Harbour Street/New Road junctions will operate in excess of their theoretical maximum capacity in future years and will need to be signalised; that queuing is occurring at the moment. The recommendation is that linked signals be provided along with the future Harbour Street/Inner Relief Road junction. They have modelled that scenario. The results show that ‘while some arms of the junctions remain slightly over capacity, it is noted that queue lengths and delays will be much lower than those currently being experienced.’ It is noted that their response to the clarification of further information stated that signalisation of this junction was not required up to the selected 2019 design horizon but that the ‘sites southern boundary can be set back to facilitate the creation of a right-turn lane’ and this is indicated on an accompanying drawing They defend the use of a 15% reduction factor to take account of both dual trips and pass by trips in the traffic forecasting to ensure a robust assessment; while a 30% reduction was used for car parking assessment. A pass by reduction of 30% has been used in relation to traffic on the Maynooth Road which is considered a major commuter route: Kilcock to Dublin. They confirm that a safety audit will be prepared at the appropriate stage of the process. It is noted that the first party has not appealed condition No. 67 of the decision, requiring the developer to provide a signal-controlled junction between the proposed inner relief road and Harbour Street.

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It appears that with the exception of the delivery area where some revision is required, and which revision should be required by condition in the event that permission is granted. The development will be satisfactory in terms of traffic impact and will facilitate the development of an inner relief road which will improve traffic circulation throughout the town. Should the Board be minded to grant permission a condition should be attached requiring revisions to the delivery area to ensure that potential conflicts are resolved.

Drainage There is no longer any dispute between the planning authority and the first party in relation to the diversion of sewers which cross the site and the detailed methodology for sewer replacement is a matter which may be left for agreement with the planning authority. In relation to the issue of commencement of use of the units pending the upgrading of the pumping station and broader sewerage system, these matters remain in dispute and require determination by the Board. In summary the arguments made by the parties are on the one hand the planning authorities view that no part of the development should be occupied pending the upgrade of the sewage pumping station since there is no capacity to cater for additional effluent loading. The first party is content that no residential unit should be occupied until the upgrading takes place but considers that the other units should be allowed to commence use since local authorities normally retain capacity for such uses. There is also the matter of existing uses on site and also former uses which might or might not be entitled to recommence with consequent loading on the sewerage system; there are no details on file in relation to any existing uses or their comparison with the proposed commercial use loading. The first party reporting on discussions with the Infrastructure Section of Kildare County Council state that the Lower Liffey Valley Sewerage Scheme (LLVSS) will commence in April/May 2008 and that any connection to the existing pumping station would be short-term. The planning authority have responded to the grounds of appeal stating that the pumping station cannot cater for the development and that the condition attached by them should be retained. I concur with this view. Overshadowing Daylight - In relation to daylight the ‘planning report’ of July 2007 refers to the office adjoining the site’s north-eastern boundary, which has windows that directly adjoin the proposed development and which has a north-western elevation containing a number of windows that currently look directly onto a factory roof. The report states that the existing factory’s north-eastern facing wall directly abuts the adjoining building. The proposed development has bee specifically designed to that the impact of the proposed building on this adjoining neighbour is positive. The proposed development provides a setback from the offices of ca. 2m and maintains the existing situation in terms of the height of the proposed roof that is located directly in front. ‘ As a setback has been provided in the proposed design that did not already exist, the impact of the development ______PL09.227800 An Bord Pleanála Page 36 of 55 in terms of access to sunlight (etc.) is considered to be positive. ’ There is no reason to disagree with this conclusion or to consider that daylight to existing windows will be adversely affected by the proposed development. Sunlight - The first party have submitted a shadow study with their response to the third party appeal for March, June, September and December taken at 9 am, noon, 3 pm and 6 pm. In the appeal response the first party acknowledges that the proposed development will overshadow adjoining properties to some degree at various times of the day, but that ‘the extent and duration to which this occurs is minimal, especially considering the site’s urban setting and the shadow cast by the site’s existing buildings. ’ It would be helpful if the maps showing the effect of existing and proposed development in the shadow study were to the same scale. The discrepancy in scales used appears to exaggerate the impact of the proposed development. There will be a noticeable impact on sunlight in the area, in particular the impact will include loss of sunlight in the Market Square, particularly at midwinter. The third party invites the Board to balance the minor negative impact on adjoining properties that will occur from overshadowing against the significant merits of the proposal in providing compact urban form and medium density development in a town centre location. Although I have concerns at the impact on sunlight on balance I am prepared to accept that argument, and I do not think that the loss sunlight should be a reason to refuse permission. Residential Amenity The issue of open space is well documented in the application. Two residential units, numbers 19 and 39 at first and second floor level facing New Road with access from Market Square are three bedroom six bedspace units and have balconies of 10.5 sq m. This is well below the minimum of 10 sq m per bedspace required by the Kilcock Development Plan. In addition the units are remote from the shared open space at podium level which is accessible to them from New Road via Core No 1. It should be noted that the Kilcock Development Plan standards are higher than those recommended as minimum standards in the ‘Residential Density Guidelines’ which are 20m 2 per three bedroom apartment. It should also be noted that the Kilcock Plan allows for communal open space provision, which is available to the future residents of these units, albeit at a remove from their door. On balance I consider that the benefits of town centre living and of having residential use in this location, outweigh concerns regarding private open space in this instance; and that amenity space should not be a reason to refuse permission for these apartments. The planning authority’s concerns regarding the adequacy of the overall proposed provision of private and public open space was responded to in documentation showing the level of provision and in revisions to the amount being provided. The omission of Block A from the scheme has increased the available open space and reduced the demand. Areas of open space are proposed at podium level and at roof level over Blocks D and E. Given the height of this area in relation to surrounding buildings, its amenity

______PL09.227800 An Bord Pleanála Page 37 of 55 value is questionable and given the amount of overall provision on site it is not considered necessary that open space at roof level be provided. Overall open space provision is considered to be adequate and should not be a reason to refuse permission. The removal of Block A has also eased concerns which would otherwise arise in relation to the residential amenity of the adjoining properties to the east. Their residential amenities can be fully safeguarded by the provision of adequate screening on the access ramp where it adjoins their property and screening of the podium level to avoid overlooking the rear of their properties. Residential amenity should not be a reason to refuse permission.

Visual Impact The issue of visual impact arises in relation to the proposed development. The concerns expressed by third parties are about the height and scale of the proposed development: that it is out of keeping with its surroundings; that the proposed design is inappropriate; and the proposed materials are substandard. Drawings received by the planning authority on the 12 th December 2007 showing the ‘north west elevation AA’ and the ‘South west elevation BB’ and also the ‘contiguous elevation to the Square’ indicate the difference in scale between the proposed and existing development The town centre is an Architectural Conservation Area, (ACA). The site itself does not possess buildings of architectural merit, but the area covered by the proposed buildings is almost entirely located within the Architectural Conservation Area and development of the site will impact indirectly on the overall area and the context of protected structures in the vicinity. The pattern of development in the town centre is predominantly two storey in height and most have a similar two room depth. The spire of the church on School Street and the tower of the church on Church Street are the highest buildings in the general area, and this reflects their important role in the community. Some of the recent developments in the town have an attic storey above first floor and some new buildings are three storeys in height. Existing development on the site is of two storey scale.

Kilcock Local Area Plan 2002 emphasises the character of the area in its objectives to preserve the townscape character of the town centre with its pattern of two storey buildings with pitched slate roofs; and in establishing an Architectural Conservation Area where ‘ special care will be required’ in relation to development’. There are also policies in relation to ‘high buildings’ defined as buildings which are ‘ significantly higher than neighbouring or nearby buildings’, in order to ensure that adverse impact on adjoining property is avoided; so that disruption of the scale of an existing streetscapes is avoided; and that structures or spaces of architectural or historic importance are not adversely impacted. The extent to which the building detracts from important landmarks; the

______PL09.227800 An Bord Pleanála Page 38 of 55 detrimental effect on any existing building having special visual identity; the degree of obtrusion of the building on the skyline; and any attractive view from significant vantage points that would be obscured by the building; are all matters to be considered in relation to high buildings.

The proposed development would fall under the definition of a high building in the LAP. There are no protected structures in the immediate vicinity of the subject site. New Road provides a context which is more amenable to an increase in height than the adjoining streets of Market Square or Harbour Street. The façade presented by the existing development on the subject site to New Road is an industrial type building with a high wall to the street and a sheeted roof, and on the opposite side of the road, facing most of the subject site, there are rear yard areas. This context does not unduly constrain building height on the subject site. At the southern end of the building there is a recent two storey building with attic space, and across road(New Road) from the southern end of the building there are older two storey dwellings. Building height in the vicinity of these buildings should be considered in relation to its impact on these properties.

Other concerns with regard to building height arise in relation to medium range views of the development from Market Square; Harbour Street / Royal Canal; and Shaw Bridge, which crosses the railway line and canal and affords views over the town centre. I am mindful of the fact that in a previous decision the Board granted planning permission for a development on part of this site which is of four storeys, with the fourth storey set back from the front building line. The permitted development, PL 09.208046, had less depth than the current proposal and is broken into two separate buildings along the front; these dwellings are separated by a wide entrance to the remainder of the development; i.e., smaller blocks located to the rear. The permitted development is therefore of less overall scale and the massing is considerably less than that currently proposed. The earlier development did not extend behind/alongside the rear of the adjacent two storey development to the south-west. In the current proposal there has been some attempt to break up the massing of the building. The building fronting The Square is of two storeys with a pitched roof and is similar in scale to adjoining development on The Square. The scale rises in the first proposed building on New Road and again in the second of deeper plan. Both of these buildings are three storeys and have pitched roofs and they would be read as a grouping of separate buildings. The remainder of the proposed development on New Road is a building of four storeys with a flat roof. There is some distinction between different parts of the building as there is a curved front building line, but on the whole it can be read as one building. The scale and massing is not in harmony with its surroundings. I am concerned with the visual impact in medium range views, where the building will be visible and most of it will appear as a large block dominating the surrounding area. In addition at the southern end of the building, the height in relation to the dwellings on the opposite side of New Road, and the incongruous relationship with the adjacent two storey development to the south-west, is of concern. In the previous permission this relationship did not exist. ______PL09.227800 An Bord Pleanála Page 39 of 55

On balance, taking account of the extant permission, to reduce the bulk and massing of the proposed development, to reduce the impact on the dwellings opposite on New Road, and to overcome the difficulties posed by the incongruous relationship with the adjoining two storey development to the south-west, I consider that the proposal should be modified by the omission of the second and third floors of Block C, that is, of apartment numbers 31 to 34 and 51 to 54 (8 no apartments). The treatment of this area and other boundaries at podium level is a matter best left for agreement with the planning authority. It is considered that subject to this amendment the height and scale of the proposed development is acceptable. The design of the proposed development has been raised as a concern by the third parties, who consider that it is inappropriate in the town centre / Architectural Conservation Area. Kilcock Local Area Plan 2002 describes the Town Centre as an area of special character and have designated it an Architectural Conservation Area, and most of the proposed development is located in the area so defined.

The pattern of development in the area is of similar vernacular style and the proposed development is mostly of a contemporary design. The proposed development is not constrained by buildings of quality on the subject site. The removal of the existing industrial buildings, in the context of policies to rejuvenate the area and to exclude industrial and warehousing uses from the town centre, is welcome. I am satisfied that the elevational treatment of the buildings on New Road will not conflict visually with adjoining development. The elevation to the surface car park is similarly not constrained by adjoining development. Where it fronts onto Market Square and turns into new road, the proposed design has been adapted to harmonise with the vernacular architecture in the area.

I consider the design to be acceptable and that design should not be a reason to refuse permission.

Materials and finishes has been raised as an issue of concern. An appropriate condition requiring all materials and external finishes, including all signage, be agreed with the Planning Authority, should be attached.

ASSESSMENT OF FIRST PARTY APPEAL Condition No.:28 The issue of the wayleave required has been resolved. In the grounds of appeal the first party stated that where access to the sewer is restricted on both sides and where the sewer is at a depth of 4 m a 12m wayleave would be in accordance with the requirements of the GDSDS (Volume 2 New Developments Section 7.4) all other sewers should only require maximum wayleaves of 10m. The first party considered that condition 28 should be revised to state ‘all wayleaves to be in accordance with GDSDS Policy Document, Volume 2, Section7.4.’

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The planning authority in their response to the grounds of appeal state that a 10m wayleave should suffice and in response the first party concurs. .The condition should be amended to a requirement for wayleaves to be in accordance with GDSDS Policy Document and to the satisfaction of the planning authority. Condition no 27 of this report refers.

Condition No 42 That unit occupation should only refer to residential units. This is an appeal against the requirement for occupation to be deferred until the Kilcock pumping station upgrading is completed and commissioned. The accompanying letter from DBFL Consulting Engineers states: ‘this condition should be clarified that ‘no unit’ should have read ‘no residential unit’. It is generally the case that local authorities retain capacities in their systems to facilitate social/employment based activities. Clearly the commercial element of the development is an employment based activity and should be allowed to open without any timing issues applying. ’ They also argue that the employee population of the proposed development would be similar to the existing populations employed on site at present and therefore much of the new loading on the water services would be accounted for in the current site use which will cease. In response the planning authority state that the condition no 42 should be retained as the pumping station cannot cater for the Development. There are existing uses on the site and former uses which might be in a position to recommence without the requirement of obtaining planning permission. The proposed retail use is not a heavy user of water and the additional loading for the commercial development may not any more considerable than those existing uses. However no details have been supplied which would establish the facts of the matter. It is considered that the terms of the condition should be amended to defer occupation of office and residential units pending necessary upgrade to sewers but to allow the retail uses to commence on completion of the development. Condition no 4 of this report refers. Condition No 52 Part V The grounds of appeal states that the condition requires the applicant to provide land if an agreement has not been reached . This is outside the scope of the Planning and Development Acts that does not specify such a restriction in relation to how the applicant can comply with social and affordable housing provisions. The Planning and Development Acts are specific in relation to the procedure whereupon a situation arises that the planning authority and development has not been able to reach agreement in relation to the development social and affordable housing provision. It is requested that the Board amend condition no. 52 by omitting the last paragraph. The planning authority have not responded to the grounds of appeal. It is noted that in response to Question 16 on the application form re. Part V the first party proposed the provision of land.

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It is also noted that condition no 52 requires the reservation of 20% of the land to which the permission relates; it is further noted that the planning report submitted by the first party in July 2007 as part of the application, stated their understanding that the Council will seek the provision of land in respect of the proposed development’s compliance with the social and affordable housing provisions and that the applicant intends to comply with this by the provision of land off the site. It is considered that the condition should be amended; and that the terminology previously used by the Board, should be utilised. Condition no 24 of this report refers.

Condition No 58 – The levy to be paid in respect of shortfall in car parking The first party in the grounds of appeal states that section 9 of the Kildare County Development Contribution Plan 2004 requires a financial contribution of €6,000 for each car-parking space where there is a shortfall in car parking provision. Accordingly Condition No 58 requires the payment of €192,000 in respect of …a financial contribution in respect car the proposed development car parking shortfall. They appeal the condition for a number of reasons. The first reason is that the shortfall based on the Kilcock Town Plan requirements is calculated incorrectly and should be 25 spaces rather than the 33 estimated by the planning authority and they submit detailed calculations in support of their figure. The planning authority in response explains that their estimate was based on figures submitted by the first party. Those figures appear now to be incorrect. It appears that the figure of 25 spaces is the correct estimate. It should be noted that should the Board decide to omit the 8 no. apartments recommended earlier in this report in the assessment of the third party appeal, the estimate would be further reduced by 12 spaces to 13 no spaces. The condition is also appealed based on the shared use of spaces: that the car parking standards do not take into consideration the dual usage of parking spaces that occurs between different users that are located on the same site; when customers visit the anchor store they are also likely to visit the ancillary retail units. The first party predicts that this will occur 30% of the time. In this regard the Boards attention has been drawn to the planning authoritys decision to grant permission to Zed Candy ref. no. 06/1422 for a mixed use development at Church St, Kilcock; which is at present before the Board and in which the requirement for 1003 spaces and proposal for 694 represents a shortfall of 30%. The grounds refers to the Kilcock LAP which makes specific provision to allow a relaxation of the Plan’s car – parking requirements under S 3.8.3. (Objective T7); and that since the site is located in the Architectural Conservation Zone and this objective should be applied:

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T7 It is an objective of the Council to;

8 Consider the relaxation of normal road and car parking standards where compatible with road safety within the Architectural Conservation Zone, to retain its attractive townscape quality. Their further argument that it is unreasonable to request payment in respect of car parking when Kildare County Council do not have any plans to provide car parking facilities in Kilcock town centre, is not convincing; however it is considered that shared usage of car parking should be accepted and in view of the limited under provision based on the Kilcock Town Plan standards that payment in lieu of provision should not be required in this case. Should the Board be minded to impose a condition requiring payment of a contribution in lieu of provision it should be noted that Kildare County Development Contribution Plan 2004 requires a financial contribution of €4,500 for each car-parking space where there is a shortfall in car parking provision, in relation to Kilcock. Condition No. 60 – that car parking to be monitored and in the event that the planning authority decides that a shortfall of car parking exists, the developer shall provide such extra within or the site or at an approved location adjacent – The first party’s concerns are: • It is submitted that the proposed development provides sufficient car-parking space to cater for the demand for same. Accordingly, the condition has no basis. • It is also submitted that the proposal’s provision of car parking facilities is matter which should be dealt in processing of the planning application, not after permission has been granted. To require more car-parking spaces after development has been constructed would present obvious and quite serious financial issues for any developer. • The condition is also unsatisfactory in that it makes no mention of the financial contribution required in respect of the shortfall in car-parking spaces required by a condition 58. The developer should not be expected to provide more car-parking when a financial contribution has been paid in respect of the car-parking. • The condition would also present practical problems as it may potentially constrain the development of adjoining lands if car-parking had to be provided on an adjacent site. It is considered that the condition extends beyond the boundaries of the application and for of the reasons cited by the first party, the condition should be deleted.

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Condition No. 64 - upgrading of New Road between the junction with Harbour St and the Square, to provide a 7.3m carriageway and 2.0m footpath both sides. The first party’s main concern is that the applicant is required to carry out works on lands owned by third parties. The ground of appeal also state that the requirement to construct a footpath on the south western side of the road which has already been required by condition no. 22 attached to permission reg. ref. 05/2665 to S Macari and it is more appropriate that it be provided by that development. The subject proposed development is located to the north of New Road and not directly of indirectly facilitated by the footpath and the first party should not have to provide same. The letter from DBFL Consulting Engineers accompanying the appeal states: ‘ New Road is generally 7.0-7.3m wide at the moment and we are proposing a footpath as part of the scheme on our side of the road. We have no difficulty in providing the road width requested and a 2m wide footway on our side of New Road. Providing a footpath on the opposite side of the road from our scheme would require access onto and works on third party lands. This should be appealed on the basis that providing a footpath opposite would require our client to work on 3 rd party lands and the required footpath should be provided as part of the proposed development of the site opposite.’ In response the planning authority state that The works do not require the applicant to use third party lands. Also the applicant has championed the development as being on a town centre site. The provision of safe pedestrian linkages to the site on a directly adjacent street is not considered unreasonable. The footpath on the southern side of New Road is directly adjacent to the site. A response to the Councils report is provided by DBFL Consulting Engineers which concludes that the provision of a 2m wide footpath on the western side of New Road would not be possible without setting back the building line of the proposed scheme. Notwithstanding the DBFL submission goes on to state that the applicant would be willing to provide the 2m wide footpaths (or reduced width if acceptable) on both sides of New Road assuming this does not require any building setback or loss of proposed parking on New Road; that this would also assume that the provision of the footpaths would not entail works on third party lands; and that the exact details could be agreed through compliance with Kildare County Council’s Transportation Service. It is considered that the provision of a footpath on the opposite side of the road would be beneficial to users of the proposed commercial development. The developer can not be required to carry out development on third party lands; and the planning authority and first party are agreed that the provision by the developer of footpaths on both sides of the road should not require the carrying out of works on third party lands. The condition such be amended. Condition no 37 of this report refers.

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Condition Nos. 68 and 69 both require the payment of financial contributions in respect of services. The first party has clarified that the purpose of having tow similar conditions is that one is in respect of commercial floorspace and the other is in respect of residential units. Condition No. 68 - financial contribution – commercial– conditions nos. 68 and 69 are identical conditions with different contributions sums. Kildare County Council has informed the third party that condition 68 pertains to the commercial aspect of the proposed development and 69 to the residential. Contribution scheme requires €75 per square metre, €399,150 divided by €75 = 4,522; it is submitted that this is erroneous as the total commercial floorspace is 4,293 m 2. Floorspace is stated in OBK Architects schedule submitted to the planning authority on 11 th December 2007. Over calculation is €17,175. Condition should be amended to €321,975. I note that both the calculations carried out by the planning authority and the first party, were based on commercial floorspace, rather than gross floor area and did not include circulation area, parking area etc. Some of the discrepancy in the figures can be accounted for in the schedule on the drawings submitted as part of the application on the 12 th December 2007 which stated floor areas for office use which included the service core; whereas the relevant part of the drawings stated a floor area which corresponds to that given in the grounds of appeal. On the basis of the noted discrepancy and following the logic of the planning authority’s method of calculation it appears that the floor areas submitted by the first party in response to the planning authority’s response to the grounds of appeal on the 1 st April 2008, is satisfactory, with the following exception. Storage areas for all units except the anchor store are within the units and the development contribution includes such areas. The storage/administration area for the anchor unit is located at first floor and has not been included in the calculation. There is no explanation as to why this area should be excluded. The first party’s calculation gives a floor area for commercial floorspace of 4,293m2 with the addition of the store area of 556 m 2this would come to 4847m2. The condition should be amended accordingly. The contribution per m 2 of floor area is €75, therefore the appropriate contribution should be €363,525 (three hundred and sixty three thousand, five hundred and twenty five euro). The condition, no. 41 below, as drafted, covers both commercial and residential parts of the development. Condition No 69 - financial contribution – residential – Contribution scheme requires financial contribution for different classes of residential development. For apartments with a floor area between 0-92 m 2 the rate is €11,000 for each apartment, while for apartments with a floor area between 93-139m 2 the rate is €12,000 for each apartment. The proposed development only proposed 16 no. apartments with a floor area between 0- 92m 2 and 17 no. apartments with a floor area between 93-139m 2 accordingly the correct financial contribution should be €380,000 instead of €389,000 In response the planning authority refers to the number of 1, 2 and 3 bedroom apartments being provided. The Kildare Development Contribution Scheme calssifies residential contributions on floor area as submitted by the first party. ______PL09.227800 An Bord Pleanála Page 45 of 55

Apartments detailed on the layout December 2007 yield apartments in the 0-62 m2 range of 16 in total and in the higher range of 17 in total. The reduction in apartments referred to in the assessment on the third party appeal would result in 13 no. apartments in the size range 0-92m2 me and 12 no apartments in the size range 93-129m2. The condition should be amended to reflect the scale of the development being permitted; that is 13 x €11,000 and 12 x €12,000 total €287,000, (two hundred and eighty seven thousand euro). The condition no 41 below, as drafted, covers both commercial and residential parts of the development.

REASONS AND CONSIDERATIONS Having regard to the land use zoning objective for the site, as set out in the current Development Plan for the area, the town centre location of the site and the pattern of development in the area, it is considered that, subject to compliance with the conditions set out below, the proposed development would not seriously injure the amenities of the area or of property in the vicinity, would not be prejudicial to public health, would be acceptable in terms of traffic safety and convenience and would be in accordance with the proper planning and sustainable development of the area.

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CONDITIONS

1. The development shall be carried out in accordance with the plans and particulars lodged with the application as amended by the further plans and particulars received by the planning authority on the 13/07/07 and as per revised drawings and documentation submitted to the Planning Authority on the 25/10/07 & 12/12/07 except as may otherwise be required in order to comply with the following conditions.

Reason: In the interest of clarity.

2. Prior to the commencement of the development, the developer shall submit revised plans for the agreement of the planning authority incorporating the following modifications: (a) omission of floors two and three of Block C, that is, apartment numbers 31 to 34 and 51 to 54, (b) omission of the proposed roof garden, (c) details of the treatment of the boundaries of the proposed ramp and podium level, inter alia, to secure the privacy of the adjoining residential development, (d) proposals to provide residential waste/recycling facilities on the ground floor in the building adjacent to the square; and (d) details of the treatment of the servicing area to ensure that potential conflicts between service vehicles and pedestrians and cyclists are avoided.

Reason: To achieve necessary change to the proposed development.

3. Water supply and drainage arrangements, including the provision of the new public foul water sewer on New Road, and the disposal of surface water, shall comply with the requirements of the planning authority for such works and services.

Reason: In the interest of public health and to ensure a proper standard of development.

4. No residential or office unit shall be occupied on site until Kilcock pumping station upgrading works are completed and commissioned to the written satisfaction of the planning authority.

Reason: In the interest of public health and to ensure a proper standard of development.

5. The use of the retail units shall be restricted to uses specified in Article 5 of the Planning and Development Regulations 2001 and Class 1 of Part 4 of the Schedule 2 of those Regulations as amended.

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Reason: In the interest of clarity and maintaining planning control over the development.

6. No goods or materials shall be displayed or stored at any time outside of the commercial units, either within the covered mall or on external footpaths.

Reason: In the interest of clarity and public safety.

7 Advertising for the commercial units shall be restricted to a single fascia sign, of good quality signwriting, or of individual metal-finish, or other acceptable finish lettering. No other advertisement or advertisement structure, the exhibition or erection of which would otherwise constitute exempted development under the Planning and Development Regulations, 2001, shall be displayed or erected (on the building/within the curtilage of the site) without the agreement of the planning authority.

Reason: In the interest of visual amenity.

8 All services to the buildings e.g. cooling devices, extractor fans, etc. (wall mounted & roof mounted) are contained within the buildings, no external services shall be permitted which are visible from any public area. In particular no plant of service facilities shall be located on the roof top.

Reason: In the interest of clarity and to protect visual amenity.

9. All service cables associated with the proposed development (such as electrical, communal television, telephone and public lighting cables) shall be run underground within the site.

Reason: In the interest of clarity and to protect visual amenity.

10. Prior to the commencement of development, details of the materials, colours and textures of all external finishes to the proposed building, shall be submitted to the planning authority for agreement.

Reason: In the interest of the visual amenities of the area.

11. No roller shutters or their housings, awnings, canopies, grilles, projecting signs, or other signs (including adhesive window signs), shall be erected on the exterior of the building without prior Planning Permission. Any roller shutter erected on the exterior of the building shall be installed internally and located

______PL09.227800 An Bord Pleanála Page 48 of 55 behind the glass, or behind the display. Any shutter shall be of slotted design, and shall be finished in colour to accurately match the proposed shopfront.

Reason: In the interests of clarity and to protect visual amenity.

12. Each waste area shall be provided with a water supply and a means of drainage to facilitate cleaning.

Reason: In the interests of public health.

13. Prior to commencement of development, a construction management plan shall be submitted for the written agreement of the planning authority. This plan shall provide details of intended construction practice for the development, including details of proposed method of demolition of the existing building, hours of working, noise management measures, off-site disposal of construction waste, and a scheme for dust and dirt control.

Reason: In the interest of amenities and public safety.

14. During construction the developer shall provide adequate off carriageway parking facilities for all traffic associated with the proposed development, including delivery and service vehicles/trucks.

Reason: In the interest of traffic safety.

15. Prior to the commencement of development, the developer shall submit a formal Project Construction and Demolition Waste Management Plan to the Local Authority for agreement prior to Commencement Notice stage. This plan shall, inter alia, include the information recommended in sections 3.2, 3.3 and 3.4 of the document titled “Best practice Guidelines on the Preparation of Waste Management Plans for Construction and Demolition Projects” published by the Department of the Environment, Heritage and Local Government (July 2006).

Reason: In the interests of the reduction and best practice management of construction and demolition waste from the proposed development.”

16. Applicant shall use “Best Practicable Means” to prevent/minimise noise and dust emissions during the construction and operational phases of the development, through the provision and proper maintenance, use and operation of all machinery all to the satisfaction of the Planning Authority.

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Reason: In the interest of proper planning and development

17. The noise level at the nearest noise sensitive location, arising from construction of the development, shall not exceed 55 dB(A) rated sound level. Construction works shall be restricted to between 0800 hours and 1800 hours Monday to Saturday inclusive. No construction works shall occur on the site on Sundays or Bank Holidays. Prior to commencement of development, the developer shall agree with the planning authority procedures for the purpose of determining compliance with these requirements.

Reason: In the interest of residential amenity.

18. The site shall be landscaped in accordance with the landscaping schemes submitted and an ongoing management plan, shall be submitted to the planning authority for agreement prior to the commencement of development.

Reason: In the interest of the amenities of the general area and of the future residents

19. The open space at podium level shall be developed for, and devoted to the use of the residents/occupiers of the proposed development and shall be kept free of any development. Prior to commencement of development a management plan for the maintenance of the communal open space shall be submitted for the written agreement of the Planning Authority. The developer shall be responsible for satisfactory maintenance and upkeep of all open spaces in the development until a management company has been put in place.

Reason: In the interests of safeguarding the amenities of the area over the long term.

20. Prior to the commencement of any development the applicant shall enter into an agreement with Kildare County Council to provide the town square enhancement works approved by Kildare County Council under Part 8, for the east side of the market square. This agreement shall be in the form of a section 47 agreement under the Planning and Development Act 2000 – 2006.

Reason: In the interest of orderly development and community gain.

21. Prior to commencement of development, proposals for a scheme name and associated signage shall be submitted to the planning authority for agreement.

Reason: In the interest of orderly development.

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22. Prior to commencement of development the developer shall submit, and obtain the written agreement of the planning authority to, a plan containing details for the management of waste (and, in particular, recyclable materials) within the development, including the provision of facilities for the storage, separation and collection of the waste and, in particular, recyclable materials, and for the ongoing operation of these facilities.

Reason: To provide for the appropriate management of waste and, in particular recyclable materials, in the interest of protecting the environment.

23. The developer shall facilitate the planning authority in the archaeological appraisal of the site and in preserving and recording or otherwise protecting archaeological materials or features which may exist within the site. In this regard, the developer shall:- (a) notify the planning authority in writing at least four weeks prior to the commencement of any site operation (including hydrological and geotechnical investigations) relating to the proposed development, and (b) employ a suitably-qualified archaeologist prior to the commencement of development. The archaeologist shall assess the site and monitor all site development works. The assessment shall address the following issues:- (i) the nature and location of archaeological material on the site, and (ii) the impact of the proposed development on such archaeological material. Prior to commencement of development, a report containing the results of the assessment shall be submitted to the planning authority. Arising from this assessment, the developer shall agree with the planning authority details regarding any further archaeological requirements (including, if necessary, archaeological excavation) prior to commencement of construction works. In default of agreement on any of these requirements, the matter shall be determined by An Bord Pleanála.

Reason: In order to conserve the archaeological heritage of the site and to secure the preservation of any remains which may exist within the site.

24. Within eight weeks of the date of this order, the developer shall enter into an agreement with the planning authority under Section 96 of the Planning and Development Act, 2000 (as amended) in relation to the provision of social and affordable housing, in accordance with the requirements of the planning authority’s housing strategy.

Reason: To comply with the requirements of Part V of the Planning and Development Act, 2000 (as amended).

25. No development shall commence until the existing public surface system 1200mm diameter is diverted and upgraded to a box culvert 1500mm x 1500 mm as agreed with Water Service and as indicated on drawing number 062011-3008 received 7/1/2008. The

______PL09.227800 An Bord Pleanála Page 51 of 55 applicant shall agree details of diversion in writing with Road Area Engineer Prior to the commencement of the development. Confirmation should be received in writing from Planning Authority.

Reason: In the interests of proper planning and development of the area and to minimise flooding.

26. No development shall commence until public main trunk foul sewers 300mm and 450mm is diverted in accordance with Kildare County Council Plans for Kilcock Area. The applicant shall agree details of diversion in writing with Capital Section and Sewerage Maintenance Section in Water Services prior to commencement of the development. Confirmation should be received in writing from Planning Authority.

Reason: In the interests of public health and to ensure proper development.

27. Wayleaves, shall be secured for foul / surface water sewers, on private land, in accordance with GDSDS Policy Document and to the satisfaction of the planning authority

Reason: In the interests of the proper planning and development of the area

28. Surface water disposal shall be designed, constructed and maintained in accordance with Greater Dublin Storm Water Management Policy for Developers. Surface water shall be retained on site using large attenuation restricting flows to minimum to avoid and minimise flooding, to the satisfaction of the planning authority

Reason: To ensure proper development and minimise flooding

29. Petrol/oil/silt separators should be installed on the surface water outfall to minimise pollution

Reason: In the interest of public health and to ensure proper servicing of the development

30. Prior to commencement of the development a maintenance agreement to be set up between the developer and a reputable maintenance company in order to maintain the development and with particular emphasis on the maintenance of the surface water attenuation system. Details of such maintenance agreement to be agreed with the Planning Authority in writing prior to commencement of development.

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Reason: To ensure proper development and minimise flooding.

31 A head wall including anti-flood tide-flex valve should be constructed on the surface water outfall (Rye Water).

Reason: To minimise flooding

32. All toilet cisterns shall incorporate a dual flush function incorporating reduced flush and full flush options.

Reason: In the interest of water conservation and to ensure proper servicing of the development.

33. Grease traps shall be constructed on the waste discharge from all kitchen waste outlets.

Reason: To avoid clogging of the public sewer and to ensure proper servicing of the development.

34. The public watermain shall be extended in a minimum of 150m.m. diameter HPPE or Ductile Iron (class K9) , along the public road. The watermain extension shall be installed, supervised, sterilised and tested etc., in accordance with Section 4: Water Supply of “Recommendations for Site Development Works for Housing Areas”, published by An Foras Forbartha. The watermain shall have a minimum depth of cover to crown of 1 metre and shall be dedicated to the Sanitary Authority on satisfactory completion and testing. The exact details and size of extension to be agreed with the Water Services Authority.

A watermain layout and section (including valves and fittings) for the watermain extension to the site shall be submitted to the Sanitary Authority for written consent prior to the commencement of the development.

Reason: To ensure proper servicing of the development and in order to comply with fire lighting requirements and fire safety.

35. Upon completion of the development the developer shall commission a water audit and leakage survey of the water distribution system which shall be submitted to the Planning Authority for consideration within three months of the completion of the development.

Reason: To ensure proper servicing of the development

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36. Cycle parking facilities shall be provided in accordance with the requirements of the Kilcock Local Area Plan.

Reason: In the interest of traffic safety.

37. Prior to the commencement of the development, the developer shall submit detailed proposals for the written agreement of the Planning Authority to improve that section of New Road between the junction with Harbour Street and the Square, including the provision of footpaths on both sides of the road. The developer shall liaise with the Roads Design Section of Kildare County Council prior to making this submission. The cost of the design and implementation of the agreed proposals shall be borne by the developer.

Reason: In the interest of traffic and pedestrian safety.

38. Prior to the commencement of the development, the developer shall submit a detailed design for the written agreement of the Planning Authority for the river crossing that will be required to continue the inner relief road outside the developer’s landholding in the future. This design shall illustrate how the section of relief road to be constructed within the developer’s landholding will tie into both the river crossing and the future section of the relief road.

Reason: In the interest of traffic safety and to ensure continuity in the design of the relief road.

39. The developer shall provide a signal-controlled junction between the proposed inner relief road and Harbour Street. Prior to the commencement of the development, the applicant shall submit for the written agreement of the Planning Authority detailed design drawings and specifications for this junction. The junction may require the incorporation of MOVA or SCOOT technology to maximise the efficiency of its operation, and if this is deemed necessary by the Planning Authority, the design shall include this. In addition, the provision of 1 CCTV pole and camera at the junction shall be included in the design. All installations shall be connected to Kildare County Council’s Traffic Management Centre located in the Council’s headquarters in Aras Chill Dara, Naas. The design of the junction shall include provisions for a 10.0 m wide carriageway along the section of Harbour Street adjacent to the developer’s landholding to ensure that there is sufficient space for turning lanes etc. The developer shall liaise with the Roads Design Section of Kildare County Council prior to making this submission. The developer shall be liable for all costs associated with the design and implementation of this signal controlled junction.

Reason: In the interest of traffic safety.

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40. Prior to commencement of development, the developer shall lodge with the planning authority a cash deposit, a bond of an insurance company, or other security to secure the provision and satisfactory completion of roads, footpaths, watermains, drains, public open space and other services required in connection with the development, coupled with an agreement empowering the planning authority to apply such security or part thereof to the satisfactory completion of any part of the development. The form and amount of the security shall be as agreed between the planning authority and the developer or, in default of agreement, shall be determined by An Bord Pleanála.

Reason: To ensure the satisfactory completion of the development.

41. The developer shall pay to the planning authority a financial contribution of ∈650,525 (six hundred and fifty thousand, five hundred and twenty five euro) in respect of public infrastructure and facilities benefiting development in the area of the planning authority that is provided or intended to be provided by or on behalf of the authority in accordance with the terms of the Development Contribution Scheme made under section 48 of the Planning and Development Act 2000. The contribution shall be paid prior to the commencement of development or in such phased payments as the planning authority may facilitate and shall be subject to any applicable indexation provisions of the Scheme at the time of payment. The application of any indexation required by this condition shall be agreed between the planning authority and the developer or, in default of such agreement, the matter shall be referred to the Board to determine.

Reason: It is a requirement of the Planning and Development Act 2000 that a condition requiring a contribution in accordance with the Development Contribution Scheme made under section 48 of the Act be applied to the permission

______Dolores McCague Date Inspectorate

Appendices Appendix 1 Map and Photographs Appendix 2 Copy of original site map and revised site map Appendix 3 Extracts from Kildare County Development Plan 2005-2011 Appendix 4 Extracts from Kilcock Development Plan 2002 Appendix 5 Extracts from Kilcock Local Area Plan 2003 (Environs Co Meath) Appendix 6 Extracts from previous application ref. ______PL09.227800 An Bord Pleanála Page 55 of 55