An Bord Pleanála

Inspector’s Report

Development : Change of use of 65sq.m of existing hall from sports to crèche use, construction of 185sq.m crèche space in adjoining extension and 22sq.m at first floor of existing hall, and all associated site works at Middle Third Terrace & Abbeyfield, Killester, 5.

Planning Application

Planning Authority : Dublin City Council

Planning Authority Register Ref. : 3841/10

Applicant : Karina Daly & Mannix Smith

Type of Application : Permission

Planning Authority Decision : Grant permission

Planning Appeal

Appellant(s) : Killester Garden Village Residents Assoc. : Tony Dunne : Donal Hickey & Fionnuala Lennon : Aodhán Ó Riordáin TD & Bronwen Maher

Type of Appeal : 3rd Parties v Grant

Observer(s) : None

Date of site inspection : 9th August 2011

Inspector: Michael Dillon

PL 29N.238943 An Bord Pleanála Page 1 of 14 1.0 SITE LOCATION AND DESCRIPTION

1.1 The site, with a stated area of 0.23ha, is located within the mature suburb of Middle Third in Killester, Dublin 5. The majority of houses in the area are single- storey (constructed for the British Legion in the 1920’s on the Garden Suburb model). Many houses have been extended and dormer bungalows created. In addition, some two-storey housing has been built on infill sites. The site comprises part of an open space area within the housing estate. The site is bounded to the east by Middle Third Terrace; to the south by Middle Third; to the west by Abbeyfield; and to the north by open space (in the ownership of Dublin City Council). There are no boundary structures marking the site off from surrounding lands or roads. The lands around the building are in grass lawns with no trees or shrubs present, although there are semi-mature and mature trees on the open spaces to the north and to the south of the site. Because of the narrowness of roads in the area, and the proximity of Killester DART station, there are parking restrictions in place. There are double yellow lines on either side of Abbeyfield to the west, in the vicinity of the site. There is unrestricted parking for four cars on the site side of Middle Third to the south of the site, with double yellow lines on the opposite side of Middle Third. There are no parking restrictions on Middle Third Terrace on the eastern boundary of the site.

1.2 The existing sports hall on the site has the appearance of a single-storey structure with pitched, felted roof and small cupola feature on the ridge. External walls are wet-dashed and painted white. Two windows on the northern elevation have been blocked-up. The floor area is 140sq.m, with an additional mezzanine area of 10sq.m above the entrance (restricted head-height). The building is not in use at present and has been subjected to some vandalism, and would need considerable interior repair before it could be used again. There is an externally-mounted air- handling unit on the eastern gable of the building.

2.0 THE PROPOSED DEVELOPMENT

2.1 Permission sought on 27 th October 2010 for development as follows- • Change of use of 65sq.m of existing ground floor of sports hall to crèche use. The facility will cater for 60 children. • New single-storey extension to existing building to provide an additional 185sq.m of crèche space. Separate entrance to crèche to be provided. • New mezzanine of 22sq.m in sports hall for crèche use. • Renovation of existing sports hall and provision of sports facilities and meeting-room in the remainder of the hall. • 10 no. parking spaces. • Vehicular access from Middle Third. • Surface water is to be attenuated on site (23 cubic metre capacity chamber in car-park) and discharged to the 225mm diameter surface water sewer running along the southern boundary of the site.

PL 29N.238943 An Bord Pleanála Page 2 of 14 • Water supply from existing 110mm diameter watermain in Middle Third Terrace to east of the site. • Foul waste to be discharged to 225mm diameter public foul sewer in Middle Third some 35m to the west of the site. • Fencing to surround children’s external play area – but otherwise site to remain unfenced.

2.2 Following a request from the Council on 20 th December 2010, additional information was received by on 25 th March 2011 as follows- • Details of lands to be ceded to Dublin City Council as part of the planning application – to northwest of new pathway to be created linking Abbeyfield with Middle Third Terrace. • Details of requirements for childcare places in the area. • Details of provision of mezzanine areas with 3 no. new rooflights. • Reduction in no. of parking spaces from 10 to 8. • Details of hours of operation of crèche and sports hall. • Photographs of building on site.

3.0 DEVELOPMENT PLAN

The relevant document is the Dublin City Development Plan 2011-2017. The site is zoned ‘Z9’ – To preserve, provide and improve recreational amenity and open space and green networks. [Copy of relevant section included in the photograph pouch accompanying this Inspector’s Report].

4.0 PLANNING HISTORY

Ref. 751/74 Outline planning permission refused by Dublin Corporation for the construction of 2 no. dwellings at Legion Hall site, Abbeyfield, Killester, for 4 reasons as follows-

1. The site of the proposed development is located in an area designated for use as public open space. 2. One of the two sites would not have an adequate frontage to public road. 3 The development would be located across the line of a public right of way and would, therefore, constitute serious injure to the amenities of the area. 4. The laneway to the rear is not paved, drained or lighted to corporation standards and would be unsuitable for residential development.

Ref. 3637/80 Permission refused by Dublin Corporation for outline planning permission for the construction of 1 no. dwelling at site attached to British Legion Hall, Middle Third Avenue, for 3 reasons as follows-

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1. The site of the proposed development is located in an area zoned to preserve recreational amenity including open space. 2. The development would be located on a site which forms part of the site area of a recreational building, contiguous to the open space. Development would be detrimental to the environmental character of the open space and would be injurious to the residential amenity of the area. 3. The development would be located across the line of a public right of way and would, therefore, constitute serious injure to the amenities of the area.

Ref. 0758/02 Permission refused by Dublin City Council for the use of the Legion Hall for educational purposes. Dublin North Central Educate Together Association sought to use the building as a school. The reason for refusal was as follows-

The proposed development, being an education use within an area zoned Z9 in the 1999 Dublin City Development Plan (which is “to preserve and improve recreational amenity and open space”), would be a use which is not permissible in principle. The proposed development would be contrary to the policies and objectives of the 1999 Dublin City Development Plan, and therefore, contrary to the proper planning and development of the area.

Ref. 5668/03 Permission sought from Dublin City Council, for the erection of a 1.8m high boundary wall and railing with pedestrian and vehicular gates, around the property, and the provision of six parking spaces with planting and landscaping on the existing grassed site at Killester Training Centre (British Legion Hall). Permission was granted on 16/03/04, but was not carried out. The permission has expired.

Ref. 2144/09 Permission sought from Dublin City Council, for the demolition of the existing structure on the subject site (formerly the British Legion Hall) the construction of a 605sq.m two-storey crèche, a landscaped courtyard and garden play area with 10 no car parking spaces, pedestrian access from Middle third and vehicular access from Middle Third Terrace. Planning permission was refused for the proposed development for the following reason-

The proposed development would make provision for development which does not relate to amenity, recreational use or open space use contrary to paragraph 14.4.9 of the Dublin City Development Plan. Further, the proposed development would involve the

PL 29N.238943 An Bord Pleanála Page 4 of 14 development upon open space lands and the conversion of these lands from amenity/recreational lands to commercial use contrary to the zoning objective Z9 to preserve, provide and improve recreational amenity and open space. Therefore the proposed development would set a precedent for the commercial development on open space lands, which are not in public ownership, contrary to the proper planning and development of the area.

Ref. 4182/09: Permission granted for demolition of sports hall and construction of two-storey crèche (495sq.m) and 10 car-parking spaces on this site. On appeal by 3 rd parties to the Board ( PL 29N.235895 ), permission was refused on 9 th June 2010, for one reason as follows-

The site is located in an area of open space, the zoning of which is Z9 in the current Dublin City Development Plan. The objective of this zoning is to “preserve, provide and improve recreational amenity and open space”, which is qualified by the statement that new development, other than amenity/recreational uses, is to be associated with open space use. It is considered that the proposed development, which involves the loss of the Legion Hall and replacement with a crèche, would conflict with the zoning objective and seriously injure the amenities of property in the vicinity. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.

5.0 THE PLANNING AUTHORITY’S DECISION

By Order dated 20 th April 2011, Dublin City Council issued a Notification of decision to grant planning permission subject to 20 no. conditions – the principal ones of which may be summarised as follows-

1. The development shall be carried out in accordance with plans and particulars received by the planning authority with the application and on 25 th March 2011.

3. Requires details of rooflights and securing of doors and windows to be agreed with the planning authority.

4. Hours of operation shall be between 0700 and 2200.

6. Requires a detailed photographic survey of the Legion Hall to be submitted and details of a commemorative plaque to be erected.

10a. Bicycle parking spaces to be provided on the site.

PL 29N.238943 An Bord Pleanála Page 5 of 14

14. Relates to any archaeological finds.

16. Relates to waste storage and handling.

20. Development contribution of €34,925.

6.0 GROUNDS OF APPEAL

6.1 The 3 rd party appeals from Killester Garden Village Residents Association, Tony Dunne, Donal Hickey & Fionnuala Lennon, Aodhán Ó Riordáin TD & Bronwen Maher; all received by the Board on 17 th May 2011, can be summarised in bullet point format as follows- • The Board has already refused permission for a similar-type development on this site – ref. PL 29N.235895. • The loss of the Legion Hall and its replacement with a crèche would conflict with the Z9 zoning objective for the site. The historical estate is zoned Z2 – a Residential Conservation zone, and The Green forms an integral part of the Residential Conservation Area and the garden suburb design. The Legion Hall is widely known as the Judo Club. There has been no change in the zoning provisions of the new Development Plan which would support this development. • The planning permission contains no restrictions in relation to the use of the premises, and it is considered that the remaining sports hall will ultimately be incorporated into the crèche. • If the applicant had tried to enclose this site (as provided for in permission ref. 5668/03), the community would have taken legal action to prevent this. In the event, the permission was never carried out and has now lapsed. • It was considered by the Board’s Inspector in relation to the previous decision to refuse permission for a crèche on this site, that the development would be contrary to the design and layout and rationale of the Z2 Residential Conservation area. • The crèche is not a community-based facility, but rather a commercial development. • This development would result in the privatisation of open space. The Council, by granting permission, is complicit in infringing the rights of the community to the use of this open space. • The amenity of this site is largely derived from its open space aspect. This development would result in the erosion of the open aspect of the green areas in Middle Third. • There is pedestrian right-of-way through the site for more than 80 years – the 1936 OS Map for the area showing paths around the Legion Hall. • The community hall is to be reduced from 150sq.m to 60sq.m. • There is no requirement for a crèche in this area – as there are already 6 crèche facilities in the area at present. All are operating below capacity

PL 29N.238943 An Bord Pleanála Page 6 of 14 because of the economic downturn – with a possibility of some having to close. A large proportion of the residents are elderly. It seems that this crèche is to serve a much wider area with reference made to bus collections for children. The applicant has provided no details of existing crèche provision in the area. • Data available from the Dublin City Childcare Committee is from 2006 and is out of date. • The proposed crèche may not meet the standards required for an operational crèche in terms of space. • The design of the crèche building is poor. Many rooms have only high level windows. • No community consultation was undertaken by the applicants. • Additional traffic drawn to this area would create a traffic hazard. The garden suburb road network was not designed for large traffic volumes. On-street parking further restricts traffic flows. An Garda Siochána has requested that residents do not park on the road (copy of letter included). The area is used as a ‘rat-run’ during peak times. • There is no indication that the Roads Department of the Council carried out any analysis of the roads in the area or of the parking requirement of a development of this nature. • Residents are concerned that 8 parking spaces will be insufficient for staff and clients of the crèche. No facility is made for drop-off/pick-up areas. • The crèche building will result in the creation of a number of blind spots at junctions and roads in the immediate area. • The scale and height of the development would be visually intrusive and would result in a loss of privacy for adjoining residents. • There will be loss of visual amenity for adjoining residents who currently enjoy a view onto green open space.

6.2 The appeals are accompanied by the following relevant supporting documentation- • 6” OS extract map from 1936. • Testimony of 4 sets of residents in relation to uses of The Green and the Legion Hall. • Letter from MacHales Solicitors in relation to customary rights and usage of The Green – dated 16 th May 2011. • Letter from An Garda Siochána to residents in relation to parking on St. Brigid’s Avenue during school times. • Copies of maps relating to the area. • Copies of previous planning permissions and decisions to refuse permission. • Photographs of roads and parking in the area. • Biographical details of Frank Mears (designer of the housing scheme at Killester) and record of his work.

PL 29N.238943 An Bord Pleanála Page 7 of 14 7.0 OBSERVATIONS

None received.

8.0 RESPONSE SUBMISSIONS

8.1 1st Party Response to 3 rd Party Appeal

8.1.1 The response of the applicants, Karina Daly and Mannix Smith, received by the Board on 14 th June 2011, can be summarised in bullet point format as follows- • The site is zoned Z9. • The site was stated to be sold by the Trustees of the British Legion in 2000 for the sum of €300,000. The applicants purchased the site from private individuals in 2006, with a planning permission to enclose it with 1.8m high railings – ref. 5668/03. • Paragraph 14.4.9 of the 2005 Development Plan provides that residential development not be permitted on privately-owned open space apart from limited once-off development on lands accommodating private sports facilities in order to ‘secure, protect and consolidate the sporting and amenity nature of the lands and retain the facility in the local area’ in which case ‘some limited degree of residential development may be permitted’ subject to the primary use of the site being retained for sporting/amenity use. • The response includes details of consultations and contact with the Planning Authority. • A stand-alone crèche is almost by definition both a community support use and a commercial facility. • The current application aims to take into consideration the concerns of residents and the reason for refusal of permission from the Board in relation to the previous application for a crèche on this site. The Legion Hall is now retained on the site. A commemorative plaque will be erected on the building. Open space around the hall is retained. The site will not be fenced. The footprint of the development has been kept to a minimum. Footpaths around the site will be retained. • In the past, residents did not have rights in relation to enjoyment of these lands. • The Legion Hall was rejected as a proposed Protected Structure in 2005 and again in 2009. • This application will cede lands to Dublin City Council for open space use - to the northwest of a desire line linking Middle Third Terrace with Abbeyfield. • The design of the crèche had regard to the Z2 zoning of adjoining lands. • There is no prohibition in the Development Plan for crèches which are commercial in nature. • There is no basis in law or title in relation to rights-of-way or customary rights across this site. Permission was granted by Dublin City Council for

PL 29N.238943 An Bord Pleanála Page 8 of 14 the fencing of this site. The applicants believe they have a clear title, unencumbered by any rights of way. • The existing hall is not of sufficient size for indoor sports such as soccer or badminton. It is suitable for Pilates, yoga, personal training, kick- boxing and night classes. • The applicants sought input from Councillors and Killester Garden Village Association, but did not receive any feedback. • There is no economic test required for a new crèche. Contemporary operators require facilities of between 5,000-7,000 sq.ft, to allow for operation of mixed-age facility. A commercial operator has already been signed-up to run the facility – Links Crèche and Montessori. The company operates facilities at , , Drumcondra and . • A traffic survey carried on 15th February 2010, indicated that the junction of Abbeyfield/Middle Third is moderately trafficked during the morning peak and lightly trafficked during the evening peak. Volumes of traffic generated by the crèche will not have any significant impact on traffic in the area – increasing the morning peak flows by only 5%. The operator has a school bus which drops children to and from the crèche. • The new extension is to the side and rear of the Legion Hall. The single- storey extension will not be inconsistent with single-storey, dormer, and two-storey buildings in this neighbourhood. • One of the appellants, an architect, prepared a fee proposal for the applicants for this current site – for a mixed-use residential scheme. It is felt that this 3 rd party appeal is vexatious.

8.1.2 The response submission is accompanied by the following relevant material- • Extract from Killester Quarterly 2010. • Details of design brief prepared by one of the 3 rd party appellants for the applicants. • Details of title of appeal site with documentation from the Property Registration Authority.

8.2 2nd Party Response to Grounds of Appeal.

The response of Dublin City Council, received by the Board on 9 th June 2011, indicates that the Council has no further comment to make.

8.3 3rd Party Responses to Other 3 rd Party Appeals

None received.

9.0 ORAL HEARING REQUEST

A 3rd party request that an oral hearing be held by the Board, was turned down on 20 th July 2011.

PL 29N.238943 An Bord Pleanála Page 9 of 14

10.0 ASSESSMENT

The principal issues of this appeal relate to zoning of the site, ownership and rights-of-way issues, design, traffic and parking, and need for a crèche.

10.1 Development Plan Policy

10.1.1 The application was made during the currency of the old Dublin City Development Plan 2005-2011. The site was zoned ‘Z9’- To preserve, provide and improve recreational amenity and open space. Crèche use was ‘Open for Consideration’ within this zoning. The zoning has not changed materially in the new Development Plan 2011-2017 – the objective now reading ‘To preserve, provide and improve recreational amenity and open space and green networks’. Crèche use remains ‘Open for Consideration’. The surrounding housing lands are zoned ‘Z2’ – To protect and/or improve the amenities of residential conservation areas. The zoning objective covers public open space, private open space (as in this instance) and sports facilities in private ownership (again in this instance). Section 15.10.9 states ‘Generally, the only new development allowed in these areas, other than the amenity/recreational uses themselves, are those associated with the open space use’. A crèche use is not in any way associated with the green open space use of this site or the former use of the sports hall. Notwithstanding that a crèche is a use open for consideration on lands thus zoned, it is difficult to see how the construction of a large extension to the Legion Hall and the paving of a portion of the site for car-parking for the employees/visitors to the crèche can be conceived of as ‘protecting’, ‘providing’ or ‘improving’ recreational amenity and open space. Only a small amount of the existing sports hall is to be retained. A new mezzanine floor area is to be constructed over part of it – further restricting its sporting use.

10.1.2 In making its decision to refuse planning permission on 9 th June 2010, for the demolition of the Legion Hall and the construction of a two-storey crèche on this site (PL 29N.235895), the Board did not refer to the two-storey nature of the crèche in the reason for refusal. The loss of the Legion Hall was referred to, however. The proposed retention of a small portion of the hall for sports use would be a poor compensation for the loss of a substantial portion of the appeal site to a private crèche use. Much is made in the appeals of the lack of demand for crèche spaces in this area. The applicant it would appear proposes to bus children to this facility. In this sense, it is difficult to see how the crèche could truly function as a community resource, if it is not intended to serve the community within which it is located. Whilst the Development Plan in force may have changed, the design of the proposed crèche altered, and a portion of the Legion Hall now proposed for retention, the principle on which a similar-type development has already been refused by the Board has not altered. I recommend that permission should be refused on zoning grounds.

PL 29N.238943 An Bord Pleanála Page 10 of 14 10.2 Ownership & Rights-of-Way

The applicants have submitted details of ownership of the site. There does not appear to be any dispute in relation to the title of the applicants. The 3 rd parties maintain that there are rights-of-way across this piece of land which forms one with adjoining public open spaces. The applicants state that they have a clear unencumbered title with no rights-of-way across the site. The drawings refer to a desire line running along the northwestern boundary of the site – linking Middle Third Terrace with Abbeyfield. It appears that the applicants are willing to cede lands in this area to the City Council. This desire line would appear to coincide with the line of a path indicated on the 1936 6” edition of the Ordnance Survey map for the area. The applicants state that the site was purchased with the benefit of a planning permission to enclose the site with a 1.8m fence – ref. 5668/03. This permission was never carried out and the site remains unfenced to this day. However, the granting of a planning permission does not necessarily indicate that the owner can carry out any development – Section 34(13) of the Planning and Development Act 2000 is clear in this regard. The 3 rd party appellants state that legal action would have been taken had the owners of the site attempted to fence it off. Legal opinion has been submitted on both sides of this argument by the parties to the appeal. The matter is not one for resolution by the Board – but rather by the Courts, should parties with an interest feel aggrieved. The proposed development is to retain the open character of the site – the outdoor play area being fenced for security and the car-park provided with planted berms for screening purposes. Appellants claim that the proposed extension, car-park and external play area will restrict use on this site which is currently enjoyed by residents and has been used since the estate was developed. It is difficult to argue with this contention. The existing sports hall occupies a very small part of the overall appeal site at present. The proposed development would increase the footprint of buildings/car-park/fenced play area roughly five-fold, with further grass margins on the east, south and west boundaries which would be of no recreational use whatever.

10.3 Design

The layout of the proposed development is to some extent constrained by the decision to retain the Legion Hall on the site. The Legion Hall is not a Protected Structure. The open space is located within a Residential Conservation Area (Z2) – although the open space, of which the appeal site forms part, is in fact zoned Z9. I note that a crèche use is a ‘Permissible Use’ within Z2 areas. The site forms part of the wider garden suburb developed in the 1920’s for the British Legion to house soldiers and sailors. The original scheme comprised detached and semi- detached bungalows. These have been much altered over the years through extension and conversion to dormer residences. Some infill two-storey residential development was erected at later dates. The existing Legion Hall forms the focal point for the open space area in which it sits – even though the building is in need of repair and attention. It is not immediately apparent from the outside that the

PL 29N.238943 An Bord Pleanála Page 11 of 14 building contains a mezzanine floor – there being no windows for this internal area. The building is not currently in use for recreational purposes. It is proposed to retain and extend the existing building. The proposed works include installation of rooflights in the hall building – which is to be provided with a new zinc-clad roof. The crèche extension is provided with a flat roof. The proposed design will not detract from the conservation value of the adjoining Z2 zoned lands. The proposed single-storey crèche and limited mezzanine floor area will not result in overlooking of adjoining property – the site being surrounded on three sides by public roads. There is no provision in the Development Plan for retention of views across a green area from adjoining houses. I would be satisfied that the proposed development would integrate well with its surroundings. I note that the Board’s previous refusal of permission for a two-storey crèche on this site did not make any reference to the inappropriateness of the design or any negative impact on surrounding properties.

10.4 Traffic & Parking

10.4.1 It is proposed to provide a new vehicular access to the site from Middle Third. Sight visibility is good in either direction at the proposed entrance – there being no boundary treatments at this open space area. The Roads & Traffic Planning Division of the Council had no objection to the proposal provided that provision was made for bicycle parking to Development Plan standards. The new access will result in the loss of two parallel parking spaces on Middle Third.

10.4.2 A total of 10 on-site parking places were originally proposed – reduced to 8 by request of the planning authority. Table 17.1 of the Development Plan indicates parking standards for new development. Crèche use does not feature in the Table. The Roads & Traffic Planning Division Report of 30 th November indicates satisfaction with the parking provision. It is not clear if the Roads & Traffic Planning Division was satisfied with the revised parking layout submitted by way of additional information wherein the number of spaces was reduced to eight. It would seem that the eight parking spaces would most likely be occupied by staff. No provision is made for drop-off/pick-up area. This situation would obtain for many crèches – particularly those within housing estates. However, the proposed development will cater for sixty children. Roads in the area are narrow and any parking (however short-term) on Abbeyfield in particular, would result in traffic congestion – notwithstanding that there are double yellow lines on both sides of Abbeyfield. I would consider that that a facility of this size should have been provided with a drop-off/pick-up area, notwithstanding the claim of the applicant that some children will be bussed in to the facility. A bus would require a drop- off/pick-up area also. Notwithstanding the location of the facility close to a DART station, the majority of children are likely to be brought to this facility in motorised vehicles.

10.4.2 No bicycle parking spaces were indicated for the proposal. Condition 10a of the Notification of decision to grant planning permission required submission of a

PL 29N.238943 An Bord Pleanála Page 12 of 14 proposal for such spaces to be agreed with the planning authority. This would appear to be reasonable.

10.5 Need for Crèche

The appellants have suggested that there are already a number of crèches in the area which are suffering a drop in numbers due to the economic downturn. The applicants refer to a minimum crèche size necessary in order to be able to provide services for a mixture of ages. There is nothing in the Development Plan which precludes the development of a crèche where others already exist. The “Childcare Facilities – Guidelines for Planning Authorities” (2001) do not offer any guidance in relation to maximum provision in any area. The planning acts and regulations do not seek to stifle competition in the provision of services. The applicant is stated to have contacted the Dublin City Childcare Committee which stated there was a shortage of sessional places in the area. Appellants argue that the figures of the Dublin City Childcare Committee are out of date. The case made by the appellants that the remaining sports hall use would eventually be changed to crèche use is not strictly relevant to this appeal, as such a change of use would require a separate planning permission.

10.6 Water Issues

10.6.1 Water Supply The existing sports hall on site is serviced from the public mains. It is proposed to connect the proposed development to an existing 110mm diameter main in Middle Third Terrace. The Water Services Division of Dublin City Council had no objection to this proposal.

10.6.2 Foul Waste Foul waste is currently discharged to the public mains. It is proposed to create a new connection to the 225mm diameter public foul mains some 35m to the west of the site. This arrangement was acceptable to the Drainage Division of the Engineering Department of Dublin City Council.

10.6.3 Surface Water It is proposed to attenuate surface water on site within a 23 cubic metre capacity holding tank and to throttle the outfall to the 225mm diameter public mains within Middle Third immediately to the south of the site. This arrangement was acceptable to the Drainage Division of the Engineering Department of Dublin City Council.

10.7 Other Issues

10.7.1 Archaeology Condition 14 of the Notification of decision to grant planning permission referred to location of any archaeological material on the site. The condition is not the

PL 29N.238943 An Bord Pleanála Page 13 of 14 same as an archaeological monitoring condition. The site is not located in an area identified as being of archaeological potential. I would consider such a condition to be superfluous in the current instance.

10.7.2 Financial Contribution Condition 20 required payment of a development contribution of €34,925. This condition was not the subject of a 1 st party appeal. A condition requiring the payment of a development contribution to Dublin City Council should be attached to any grant of planning permission from the Board.

11.0 RECOMMENDATION

I recommend that permission be refused for the Reasons and Considerations set out below.

REASONS AND CONSIDERATIONS

1. The site is located in an area of open space, the zoning of which is Z9 in the current Dublin City Development Plan. The objective of this zoning is to “Preserve, provide and improve recreational amenity and open space and green networks”, which is qualified by the statement that new development, other than amenity/recreational uses, is to be associated with open space use. It is considered that the proposed development, which involves the loss of some of the existing floor area of the Legion Hall and replacement with crèche use, together with a new crèche building, car-par, fenced outdoor play area, and landscaping, would conflict with the zoning objective and seriously injure the amenities of property in the vicinity. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.

______Michael Dillon, Inspectorate.

16th August 2011.

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