Environmental Management Services Comhairleoirí Comhshaoil Environmental and Planning Consultants An Tinteán Nua, Ballymanus, Castlepollard, County Westmeath An Tinteán Nua, Baile Mhánais, Baile na gCros, Co. an Iarmhí, N91 PP76. Telephone 044 966 2222 Mobile 086 381 9811 E-mail [email protected]

DECISION BY LOUTH COUNTY COUNCIL TO GRANT PLANNING PERMISSION TO BELLSCAPE LIMITED FOR A RESIDENTIAL DEVELOPMENT COMPRISING 26 HOUSES AND APARTMENTS, VEHICULAR ENTRANCE, AND ASSOCIATED SITE DEVELOPMENT WORKS AT MAIN STREET, DUNLEER, COUNTY LOUTH

Louth County Council Planning Reference No. 19 / 212

APPEAL BY MR GERARD CONNOR, WHITE RIVER MILL, DUNLEER, COUNTY LOUTH

20 August 2019 Environmental Management Services Comhairleoirí Comhshaoil Environmental and Planning Consultants An Tinteán Nua, Ballymanus, Castlepollard, County Westmeath An Tinteán Nua, Baile Mhánais, Baile na gCros, Co. an Iarmhí, N91 PP76. Telephone 044 966 2222 Mobile 086 381 9811 E-mail [email protected]

20 August 2019 The Secretary, An Bord Pleanála, 64 Marlborough Street, Dublin 1.

Dear Sir,

Decision by Louth County Council to Grant Planning Permission to Bellscape Limited for a Residential Development Comprising 26 Houses and Apartments, Vehicular Entrance, and Associated Site Development Works at Main Street, Dunleer, County Louth Louth County Council Planning Reference No. 19 / 212

A PPEAL ON B EHALF OF M R G ERARD C ONNOR, W HITE R IVER M ILL, D UNLEER, C OUNTY L OUTH

On behalf of Mr Gerard Connor, White River Mill, Dunleer, County Louth, we wish to submit an appeal to An Bord Pleanála against the above decision by Louth County Council, made on 25 July 2019.

As the Board will be aware, this contentious proposed development has been the subject of previous planning applications; and a number of very similar development proposals have been refused by the Board.

Having examined the planning application and the applicant’s Further Information, together with the planning context, the development history of Dunleer and related environmental issues, we consider that the proposed development on the subject site would be in conflict with important policies and objectives of the Louth County Development Plan 2015-2021 and with the Dunleer Local Area Plan 2017-2023; and would also be in conflict with national policy on Climate Action and with a number of other national policies and objectives.

1 Appeal by Mr Gerard Connor, White River Mill, Dunleer, County Louth; Planning Reference 19 / 212

In addition, the proposed development would be likely to cause the town of Dunleer to become more of a commuter town, car dependency would increase, and a decision to grant planning permission for the proposed housing development without re-opening the currently closed railway station and without a reliable and scheduled rail service to other towns such as Drogheda and Dundalk, and to Dublin, would be premature and would be in conflict with the urgent requirement to reduce transport emissions.

We therefore urge the Board to refuse planning permission for the proposed development for the reasons set out in the attached appeal, and for any other reasons which the Board may consider appropriate.

A copy of the letter of acknowledgement dated 23 April 2019, received from Louth County Council, together with a receipt for the statutory fee paid, acknowledging that Mr Gerard Connor submitted a valid objection and paid the appropriate fee, is attached in Appendix I. Also attached in Appendix I is a copy of a further letter from Louth County Council, confirming that Mr Gerard Connor submitted observations on the further information provided by the applicant to the planning authority.

The address of the appellant is: White River Mill, Dunleer, County Louth

A cheque for € 220.00 is enclosed, in payment of the fee for making an appeal, and we look forward to receiving your acknowledgement and statutory fee receipt in due course.

Yours sincerely

Jack O’Sullivan

Environmental Management Services

DGC-006 Cover Ltr to An Bord Pleanála, 20-Aug-19.docx

2 Environmental Management Services Comhairleoirí Comhshaoil

Environmental and Planning Consultants An Tinteán Nua, Ballymanus, Castlepollard, County Westmeath An Tinteán Nua, Baile Mhánais, Baile na gCros, Co. an Iarmhí, N91 PP76. Telephone 044 966 2222 Mobile 086 381 9811 E-mail [email protected]

Appeal by Mr Gerard Connor Against the Decision by Louth County Council to Grant Planning Permission to Bellscape Limited for a Residential Development Comprising 26 Houses and Apartments, Vehicular Entrance, and Associated Site Development Works at Main Street, Dunleer, County Louth

Louth County Council Planning Reference No. 19 / 212

CONTENTS

Page

1. INTRODUCTION ...... 1 1.1 Louth County Council’s request for Further Information .. .. 2 1.2 The Applicant’s response to the FI Request ...... 3 1.3 Louth County Council’s decision to grant planning permission .. 5

2. THE APPELLANT ...... 7

3. GROUNDS OF APPEAL ...... 8 3.1 Dunleer as a medieval and historic town, or a commuter town .. 8 3.2 Dunleer Local Area Plans ...... 10 3.2.1 Village Enhancement Work Programme, 1998 – 2002 ...... 11 3.2.2 Urban Design Study, 1999 ...... 11 3.2.3 Proposal for a Strategic Community Development Plan .. .. 12 3.2.4 Murray O'Laoire – consultation and Local Area Plan ...... 13 3.2.5 Five County Councillors’ alternative Local Area Plan, 2002 - 2003 .. 16 3.2.6 Heritage Council appraisal of Louth County Council’s draft Local Area Plan for Dunleer ...... 16 3.2.7 Louth County Council’s Local Area Plan for Dunleer, 2003 - 2009 .. 17 3.3 Brief planning history of the appeal site and nearby sites within Dunleer ...... 19

Cont’d.

(i) Appeal by Mr Gerard Connor against decision to grant planning permission to Bellscape Limited; Louth County Council Planning Ref. 19 / 212

CONTENTS, Cont’d Page

3.4 Compliance, or non-compliance, with policies and objectives of the current Louth County Development Plan, 2015 - 2021 .. .. 20 3.4.1 Core Strategy and Settlement Hierarchy ...... 20 3.4.2 Transportation ...... 21 3.4.3 Sustainability ...... 24 3.4.4 Housing ...... 24 3.4.5 Energy efficiency and renewable energy ...... 25 3.5 Compliance, or Non-Compliance, with Policies and Objectives of the current Dunleer Local Area Plan ...... 27 3.5.1 Importance and relevance of the Local Area Plan (LAP) .. .. 27 3.5.2 Strategic Objectives – sustainability and best practice urban design ...... 27 3.5.3 Natural heritage and green infrastructure ...... 30 3.5.4 Built heritage – the White River Mill ...... 32 3.5.5 Archaeology ...... 32 3.5.6 Transportation ...... 32 3.5.7 Energy use in buildings ...... 34 3.5.8 Tourism potential of Dunleer ...... 34 3.5.9 The White River as a community facility and amenity ...... 35

3.6 Compliance with European and Government policies on climate change and renewable energy ...... 36 4. SUMMARY ...... 37

APPENDICES

Appendix I Louth County Council’s letter of acknowledgement dated 23 April 2019 and receipt for the objection fee paid.

Louth County Council’s letter of acknowledgement dated 16 July 2019, confirming that Mr Gerard Connor has made observations on the Further Information submitted by the applicant.

Appendix II Satellite image, maps and drawings. Appendix III Photographic views of the appeal site, 11 August 2019.

DGC-015 Contents pages of Appeal to An Bord Pleanála, 21-Aug-19.docx

Environmental Management Services Page (ii) Environmental Management Services Comhairleoirí Comhshaoil

Environmental and Planning Consultants An Tinteán Nua, Ballymanus, Castlepollard, County Westmeath An Tinteán Nua, Baile Mhánais, Baile na gCros, Co. an Iarmhí, N91 PP76. Telephone 044 966 2222 Mobile 086 381 9811 E-mail [email protected]

Appeal by Mr Gerard Connor Against the Decision by Louth County Council to Grant Planning Permission to Bellscape Limited for a Residential Development Comprising 26 Houses and Apartments, Vehicular Entrance, and Associated Site Development Works at Main Street, Dunleer, County Louth

Louth County Council Planning Reference No. 19 / 212

1. INTRODUCTION On 22 March 2019, Bellscape Limited, a company registered on 20 December 2017 (Company Number 617780), with an address at 9 Bridge Street, Ashbourne, County Meath, applied to Louth County Council for planning permission for a proposed residential development on a 3.08 ha site on the southern fringe of Dunleer (see Figure 1 in Appendix II). The application site is bounded on its western side by a continuation of Dunleer’s Main Street, named the Drogheda Road (R132), and on its eastern side by the White River, a tributary of the River Dee, an important angling river.

The proposed development, if permitted, would consist of: i) a total of 26 dwelling units, comprising eight apartments in two blocks, seven detached houses, eight semi-detached houses, and three terraced houses; ii) a new vehicular entrance onto the R132; iii) a riverside amenity path on the eastern boundary of the site near the White River; iv) a public footpath along the western boundary of the site, close to the R132; v) a children’s playground; and,

Page 1 Appeal by Mr Gerard Connor against decision to grant planning permission to Bellscape Limited; Louth County Council Planning Ref. 19 / 212

vi) all ancillary site development works, including alterations to ground levels, internal roads and footpaths, car parking spaces, electricity substations, public lighting, landscaping and site boundary treatment.

The planning application was accompanied by: a) an Appropriate Assessment Screening report (dated April 2018); b) an Invasive Species Management Plan (dated 01 August 2018); c) an Archaeological Assessment Report (dated 22 August 2018); d) an Archaeological Geophysical Survey (dated 22 August 2018); e) a Landscape Design Proposal (undated), f) a Site Service Report (dated 15 March 2019); g) a House Design Statement; h) a Planning Statement (dated 20 March 2019); and, i) the relevant drawings.

In our appeal, we will be referring to these reports.

1.1 Louth County Council’s Request for Further Information

Following initial consideration of the planning application, Louth County Council requested on 10 May 2019 significant further information from the applicant (under some nine separate headings), identifying the following areas of concern:

Ø The potential overlooking of private amenity spaces of some residential units by some of the proposed apartment terraces should be addressed (item 1 of the Further Information (FI) request); Ø A revised Urban Design Manual should be submitted, addressing in particular the reasons for the Council’s refusal of the previous essentially very similar development (planning reference 18/360), and also addressing the proposed “public realm” in the application (item 2 of the FI request); Ø The application includes proposals for a playground, riverside walkway, recreational park and other amenities, comprising a large-scale outdoor recreational area well in excess of the requirements of the proposed development; and this raises concerns about how the applicant proposes to fund these amenities, to maintain them and to provide public liability insurance, given that the site is in private ownership (item 3a of the FI request); Ø An Archaeological Impact Assessment should be prepared, as advised by the Department of Culture, Heritage and the Gaeltacht; and this report should include documentary research, test trenching, a conservation and

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management plan for the nearby motte, and an assessment of the context of the site within the medieval town of Dunleer – all to be prepared by a qualified archaeologist (items 4 (a), (b), (c) and (d) of the FI request); Ø As the nearby motte is an archaeological site of greater importance than previously realised, the applicant should not clear any of the scrub around it, the feature should not become part of a suburban park, and public access to the motte should be restricted, in order to limit further erosion (item 6 (c) of the FI request); Ø The proposed landscaping and boundary treatment of the subject site should be designed to prevent disturbance to breeding birds, ground nesting birds, otters, and bats, in order to address concerns raised by the Department of Culture, Heritage and the Gaeltacht (items 5 (a) and 6 (b) of the FI request); Ø Serious consideration should be given to retaining the blackthorn scrub along the southern part of the site, as this provides a valuable barrier between the proposed housing development and the laneway leading to the White River Mill (item 6 (d) of the FI request); Ø The proposed entrance should be re-designed so as to minimise damage to the roadside hedge (which should be retained) and to the existing sorbus/whitebeam trees (item 6 (e) of the FI request); and, Ø A biodiversity plan for the subject park area should be prepared, addressing all of the above concerns (item 6 (a) of the FI request).

1.2 The Applicant’s Response to the FI Request

In response to the above quite detailed further information request, the applicant submitted the following reports:

v An Urban Design Analysis, giving the applicant’s reasons why the proposed development would meet the 12 criteria of the Urban Design Manual Best Practice Guide, published in May 2009 by the Department of the Environment, Heritage and Local Government.

v A revised Archaeological Impact Assessment, dated 22 May 2019, consisting of an updated version of a previous archaeological assessment undertaken in support of the previous planning application (Reference 18/360), and which includes the results of excavations carried out in 2004 and a geophysical survey undertaken in in 2018; the assessment includes records and descriptions of archaeological features on the subject site, including a motte, various ditches, a well and a cobbled area, a stone wall with an associated elaborate stone drain, a number of spreads, a prehistoric posthole, field boundaries, and furrows, particularly in the northern portion of the site. Mitigation measures proposed in the archaeological assessment include a buffer zone around

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the motte, and further archaeological investigation of the subject site excavated under licence following consultation with the National Monuments Service.

v A Bat Survey Report, by Gannon and Associates, Landscape Architects, which recorded 4 bat species (all of which are protected species) actively using the portion of the subject site which lies closest to the White River and its associated riparian habitats, and which concluded that the proposed development would have an impact on bats because of the presence of increased lighting and increased human presence.

v An Otter Report, by Gannon and Associates, Landscape Architects, which did not record any signs of the presence of otters within the area of the proposed development along the bank of the White River, for the reasons that: (i) heavy rain during the days immediately preceding the single day on which the survey was carried out would have washed away any evidence of otter presence; (ii) a significant section of the western bank of the White River had been heavily poached by cattle, causing bank slippage, which would have destroyed any otter tracks or signs in these areas; and, (iii) a relatively important location where otter spraints or tracks might be found was inaccessible during the day of the survey, because of high water levels in the White River.

v A Biodiversity Plan, by Gannon and Associates, Landscape Architects, which recorded six habitat types on the subject site, and which proposed the following measures: (i) retention of the existing semi-improved agricultural grassland where possible; (ii) creation of a native wildflower meadow instead of the typical amenity grassland usually associated with such housing schemes; (iii) retention of all hedgerows and areas of scrub in situ where possible; (iv) retention of the area of riparian woodland along the White River; (v) planting a number of small areas of native woodland in a few locations between the proposed development and the White River; and, (vi) these recommended measures, if implemented, would benefit local bat and otter populations and would lead to increased numbers of invertebrates (insects).

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v A Landscape Plan, by Gannon and Associates, Landscape Architects, which provides details of the planting proposed in the Biodiversity Plan, together with other planting on the subject site; and, v A tree protection plan.

1.3 Louth County Council’s Decision to Grant Planning Permission

On 25 July 2019, Louth County Council decided to grant planning permission for the proposed development, subject to some 19 conditions, the most relevant of which included: i) a schedule of archaeological mitigation proposals to be prepared by a suitably qualified archaeologist, and agreed with the Planning Authority and the National Monuments Service of the Department of Culture, Heritage and the Gaeltacht before any construction work can be carried out (Condition 4); ii) a detailed archaeological conservation and management plan must be submitted to the Planning Authority and to the Department of Culture, Heritage and the Gaeltacht for written agreement prior to the commencement of any works on the subject site (including archaeological or construction works) to ensure the future conservation and preservation of the motte and its buffer zone, and to provide access to archaeological remains which are to be 'preserved by record' in order to mitigate the impacts of the proposed development (Condition 6);

(iii) the mitigation measures outlined in the bat and otter survey reports as submitted must be the subject of a management and maintenance agreement between the applicant and the local authority, and this agreement must be in place prior to the commencement of development (Condition 5);

(iv) Further construction details of the proposed riverside walkway to be submitted and agreed with the Planning Authority (Condition 12);

(v) Surface water from the subject site to be disposed of within the boundaries of the site (Condition 15c); and,

(vi) The applicant or the developer must retain full responsibility for the management and upkeep of the development, especially the riverside walkway, footpaths, cycle paths, and landscaped areas; and must enter into a written agreement with the Planning Authority which will include details of how these features of the proposed development will be implemented and maintained, including the landscaping of the area around the motte, the riparian strip along the White River, the biodiversity

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proposals, and the mitigation measures identified and recommended in the bat and otter survey reports (Conditions 19a and 19b).

It will be clear to the Board that the above listed conditions (together with the remaining conditions attached to the decision to grant planning permission) are quite strict, and one of the grounds of our appeal is based on whether the applicant or any subsequent developer or owner of the site can continuously implement the conditions to a satisfactory standard. At the same time, it is also one of the grounds of our appeal that there are significant issues of concern which have not been addressed in these conditions.

It is the above decision which we are now appealing to An Bord Pleanála.

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2. THE APPELLANT

The appellant, Mr Gerard Connor, is a member of the Connor family which have been part of Dunleer’s commercial life for over 120 years. In 1923, Gerard Connor’s grandfather bought the White River watermill, and began producing stoneground oatmeal and wholemeal flour. Unfortunately, the mill ceased production in 1965 due to competition from more modern methods.

Gerard Connor’s original training and experience was in accountancy, but in 1985 he became enthusiastic about restoring the family’s watermill as a living and working example of a water-powered mill. With the help of friends, he completed the task, and within a few years the mill was producing stoneground wholemeal which he sold to local and regional shops, and directly to tourists who visited the mill, which soon became a significant tourist attraction.

Initially there was a very good media response to the project – the Irish Times published a half-page feature on the mill, and RTÉ included it in a television series named “Exploring the Landscape”.

While some financial assistance was provided and appreciated, neither this nor Gerard Connor’s passion was enough to sustain and build the project. His vision was to create a unique tourist amenity for the area and for the County, but unfortunately it was too large a task for one man. While the mill remains a fascinating building (it is a protected structure), with the water wheel, millstones and other machinery intact, it needs maintenance, refurbishment and re- opening as a unique feature of the County’s industrial and social heritage.

Protecting and enhancing this heritage is one of the reasons why Gerard Connor wishes to appeal the decision by Louth County Council to grant planning permission for the proposed development on the subject lands described in this appeal.

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3. GROUNDS OF APPEAL Before setting out the detailed grounds of our appeal, we consider that it might be useful for the Board to have a brief account of the historical and planning context of our appeal. We will therefore review this context under the following three headings: 1. Dunleer as a Medieval and Historic Town (section 3.1); 2. Dunleer Local Area Plans (section 3.2); and, 3. Previous Planning Applications on the Subject Site (section 3.3). Further grounds of appeal are contained in sections 3.4, 3.5 and 3.6.

3.1 Dunleer as a Medieval and Historic Town, or a Commuter Town

It is difficult for the visitor who is not well acquainted with Irish history to realise that Dunleer is a town with a very significant early Christian and medieval history. There are few indications visible in the town that it was established on or around the site of an early sixth century Christian monastery of Lann Leire which was located approximately where the Church of Ireland parish church now stands.

According to the Martyrology of Tallaght (an eighth or ninth-century list of saints and their feast days compiled by Máel Ruain and/or Óengus the Culdee at Tallaght Monastery, near Dublin) the monastery of Lannleíre is believed to have been founded in the sixth century by Saints Furadhran and Baithin (or Baothan), two brothers who succeeded each other as abbots. Their feast day falls on 18 June, and no other monastery in County Louth is as frequently mentioned in the annals as the monastery of Lannleíre, with names of abbots of the monastery appearing regularly.

In the year 795 the Vikings began to appear in Ireland and by 832, they had established settlements, one of the first being at Annagassan (Áth na gCasán, "ford of the paths") on the coast of County Louth. The monastery of Lannleíre was burned by them in 824, again in 922, and finally burned in 1148. The Normans invaded Ireland in 1169, and the area was taken by a Norman family about thirty years after the monastery was destroyed.

It is possible that around this time the settlement became known as "Dún" Leire; and, in 1252, Dunleer was granted a Market Town Charter, with the right to hold a fair and markets at various times. A Royal Charter in 1678 established Dunleer as a Municipal Corporation with 13 members, from whom a mayor was annually elected.

There is a strong tradition that St. Brigid was associated with Dunleer; and this might be linked with the fact that when the churchyard was being improved, a

Environmental Management Services Page 8 of 40 Appeal by Mr Gerard Connor against decision to grant planning permission to Bellscape Limited; Louth County Council Planning Ref. 19 / 212 stone was found, on one side of which the word “Machbríde” appears, possibly indicating a local veneration of St. Brigid.

The relevance of the above historical account is supported by the amount of archaeological evidence in and around the town, including not only the motte (Sites and Monuments Record number LH018-064008) and other features mentioned in sections 1.2 and 1.3 above, but also the number of other monuments in the immediate area, including two possible souterrains (LH018- 064007 and LH018-064009), an old graveyard (LH018-064003), a possible ecclesiastical enclosure (LH018-064001), a holy well at Battsland (LH018- 064006), some architectural fragments (LH018-064004) and several stone slabs with crosses of the early Christian period (LH018-064010, LH018-064011 and LH018-064005).

In addition to strong medieval traces, the town has a number of protected buildings and structures which reflect its importance as a market town and centre of local activity over a period of many centuries. These include the former Market House, Dunleer Railway Station (now unfortunately closed, even though the station is served by the main Dublin-Drogheda-Belfast rail line; see section 3.2.4 below), St. Bridget's Hall, a bridge over the White River, and of course the White River Watermill.

Considered as a whole, these features of the town should have resulted in Dunleer becoming as well known as, for example, Trim or Kells in County Meath. Both of these historic towns have utilised their unique features to attract tourists in significant numbers, and they are listed on the “Heritage Towns of Ireland” website; while Dunleer is not listed.

It may be relevant at this point to refer to the Heritage Towns Programme which began in 1991 when 30 Irish towns were chosen from over 600 submissions. These towns were chosen for their unique heritage resources and potential to achieve tourism development and growth, and were given “Heritage Town” status. The principle of the scheme was that a number of towns with a strong physical heritage would be developed as being representative of the heritage of Ireland; and the scheme would have the two-fold effect of helping to protect the built environment while providing a marketing tool for the tourism industry in those towns and the country at large.

In line with proposals developed in the Bord Fáilte document “The Heritage Town Concept” (1994), appropriate developments in the 30 designated towns included: • Opening conserved historic buildings to visitors; • Devising a number of themes including historic, architectural, archaeological, literary, religious; linking individual points of interest; • Devising an integrated signage system;

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• Developing an integrated traffic management plan incorporating car parking and pedestrian routes; and, • Developing and managing a Heritage Centre which would provide an orientation point, a gathering place and an information centre.

It is perhaps unfortunate from a planning perspective that Dunleer has never taken this step, and has not become one of the widely promoted “Heritage Towns”. Instead, the town has moved towards becoming a commuter-belt car- dependent dormitory town for Dublin, as may be logically derived from a brief examination of the 2011 and 2016 Census results.

In 2011, 64% of the working or school-going population of Dunleer commuted to work or school by car, as either a driver or passenger; while by 2016 this percentage had increased to 71%. Commuting is also reflected by the increasing numbers of people leaving Dunleer before 07:30 a.m. to go to work or school – 215 in 2011 and 287 in 2016. Similarly, the numbers of Dunleer residents who have to undertake longer journey times to work or to school also increased – in 2011, some 215 people travelled for more than one hour, and some of them more than 1.5 hours to work or school; while by 2016 this number had increased to 287 persons.

While these data (from the Central Statistics Office website) do not distinguish between daily school-going and daily work-related travel, nor do they indicate how many people travel to Dublin city or its outskirts to their places of employment or education, they suggest that Dublin is a significant destination, given the early leaving times and the lengthy travel times. If persons living in Dunleer were commuting to Drogheda or Dundalk, the journey times would be much shorter.

The CSO data also reveal the very small numbers of Dunleer residents who travel to work or school by rail – only 7 people in 2011 and 5 people in 2016. The statistics do not show where these commuters access the rail service; but it is reasonable to assume that if the railway station in the town were to be re- opened (see section 3.2.4 below), this number would increase by a very large factor, and the numbers commuting by car would decrease.

3.2 Dunleer Local Area Plans

The Board will be aware, as a result of previous planning applications and appeals, that the production of a local area plan for Dunleer has been quite controversial, arising from differing views on how the town should evolve, and how its future should be planned. We therefore consider it very relevant to this appeal to review briefly the history and current situation of the Dunleer Local Area Plan (LAP), while at the same time taking the opportunity to describe briefly some of the earlier plans commissioned by the Dunleer community. These local community-initiated plans may not have been previously indicated to the Board, but they demonstrate clearly the extent to which the townspeople

Environmental Management Services Page 10 of 40 Appeal by Mr Gerard Connor against decision to grant planning permission to Bellscape Limited; Louth County Council Planning Ref. 19 / 212 have collectively taken an active interest in the long-term future of Dunleer, to a degree which is perhaps unique among Irish towns.

3.2.1 Village Enhancement Work Programme, 1998 - 2002

In 1998, the Dunleer Community, together with Louth Leader II Development Company (funded by DG-XI of the European Community), and with the support of the Dunleer Environmental Committee and the Department of Agriculture, Food and Forestry, commissioned from Ms Ann O’Leary, B.A., M.R.U.P., Dip. EIA (Mgmt) a “Village Enhancement Work Programme”. A detailed report (illustrated by photographs and drawings) was issued in March 1998, based on (i) a survey of Dunleer carried out in September 1997, (ii) consultation with the senior planning executive of Louth County Council, and (iii) on two workshops attended by members of the town community.

The report noted that Dunleer is a town of “architectural, historical and archaeological significance”, recommended that a survey of its heritage should be undertaken and used to inform future design decisions. When the report was prepared, one of the attractions of the town was a “restored / refurbished mill which provides visitor, interpretation and tea room facilities”.

Many detailed and excellent recommendations are made in the report, including the development of a “riverside walk and small community park incorporating the stretch of land adjoining the riverbanks north and south of the bridge [over the White River, and] running in line with the Main Street”. The report also addressed the number of unsuitable shopfront fascias and “plastic” signs which had undermined the traditional appearance of the Main Street; while other issues of concern included traffic safety associated with vehicular access to and from proposed housing developments on the Ardee Road and adjacent to the Main Street.

3.2.2 Urban Design Study, 1999

In the autumn of 1998, An Taisce and the UCD School of Architecture began work on a local area plan for Dunleer. With help from the Heritage Council and Louth County Council, this initiative resulted in the preparation of an urban design strategy for the town, published in May 1999 as “Dunleer – An Urban Design Study on its Potential Growth and Development”, by Jeremy Wales, UCD.

This strategy study noted that, while Dunleer was scheduled for growth in the Louth County Development Plan, there were no indicators of what this growth would entail or how it would be achieved. The study therefore analysed “how growth (in particular housing) may best affect Dunleer and how it may contribute to the town’s development in a sustainable, coherent and qualitative manner”. The study also examined how future building additions could “contribute positively to the village and seeks to promote Dunleer’s growth from

Environmental Management Services Page 11 of 40 Appeal by Mr Gerard Connor against decision to grant planning permission to Bellscape Limited; Louth County Council Planning Ref. 19 / 212 a village to a self-sufficient large village or small town, and not from a village to an anonymous suburb”.

Recommendations and “urban interventions” on pages 15 to 18 of the report included:

1. A new town square (marked “1” on the map in Figure 4 in Appendix II) on an undeveloped site near the existing town centre (marked “4” on the map in Figure 4 in Appendix II), an important feature of which would be the inclusion of the river — the report noted that Dunleer had hitherto denied the existence of the river in its urban form, and this intervention aimed to rectify this this significant deficit;

2. An important 3-storey public building (marked “2” on the map in Figure 4 in Appendix II) which would dominate the town’s principal public space, so that the combined volumes of the Protestant church's steeple and the public building would help to denote the Town Square;

3. A proposed quiet leafy space (“River Place”, marked “5” on the map in Figure 4 in Appendix II) to be situated south of the Town Square, separated by the Barn Road bridge and the public building recommended in paragraph 2 above; with the existing wide pavement at the eastern edge of “River Place” providing an opportunity for street cafes, furniture and planting to be introduced; and,

4. Upgrading and remodelling of the existing park (“Dunleer Central Park”, marked “14” on the map in Figure 4 in Appendix II) as the principal open space in Dunleer, with new terraced housing to the north and east to accentuate its enclosure.

Three drawings scanned from the UCD Urban Design Study are attached in Appendix II: 1. UCD Urban Design Study -- plan of Dunleer – existing situation (Fig. 2); 2. UCD Urban Design Study, Dunleer -- proposed land use (Fig. 3); and, 3. UCD Urban Design Study, Dunleer – numbered list of proposed urban interventions, with these listed & numbered as in the UCD study (Fig 4).

We would comment that this was a very prescient and forward-looking document, incorporating ideas and suggestions which are currently considered good practice in urban design throughout Europe.

3.2.3 Proposal for a Strategic Community Development Plan

Following presentation and discussion of the above studies and reports, the local community established in 1999 the Dunleer Steering Committee, which identified the need for a local development plan. The Committee then commissioned New Ground / Talamh Nua, a planning and landscape

Environmental Management Services Page 12 of 40 Appeal by Mr Gerard Connor against decision to grant planning permission to Bellscape Limited; Louth County Council Planning Ref. 19 / 212 consultancy with specialised skills in participatory planning (led by Katharine Larkin, Marcus Fannery and Edel Nolan) to prepare a proposal for a Strategic Community Development Plan, based on discussions with community representatives and individuals from the community.

The objectives the terms of the Dunleer Steering Committee, as outlined in the proposal by New Ground, are: • to work inclusively the benefit of the community as a whole; • to contribute to the development of Dunleer in a positive manner; • to obtain the help of the Heritage Council, An Taisce and Louth County Council; and, • to make observations on behalf of the community to Louth County Council and An Bord Pleanála.

The proposal also noted that the Dunleer Steering Committee has a vision of planned development of local amenities, with proper infrastructure, and suitable land being reserved for employment, education and other community purposes.

The discussions mentioned above “highlighted the intense development pressure for new housing around the village”, while the community wanted to see “infrastructure before development”, and concern was expressed that “we are building houses not developing communities”.

The proposal was presented to Louth County Council in June 2000.

3.2.4 Murray O'Laoire – Consultation and Local Area Plan

Three months later, Louth County Council appointed architects and urban planners Murray O'Laoire to compile draft local area plans for three of County Louth's most historic settlements –- Carlingford, Omeath and Dunleer. Such local plans were deemed necessary because of development pressures at the height of the Celtic tiger boom. In Dunleer, developers were already planning a number of suburban housing estates as well as a "retail outlet village".

Murray O'Laoire's local area plan for Dunleer was intended to provide a framework for orderly development. Though it would have more than doubled the population in six years, this was to be done on a phased basis, with the emphasis on consolidating the town. There had been extensive consultation with local people and councillors throughout the preparation of the plan, and it received widespread local support.

Maps produced by Murray O’Laoire, showing the proposed land use strategy and environmental objectives are appended to this appeal (see Figures 5 and 6 in Appendix II). Note that in Figure 5, the land use strategy map, the appeal site is designated as a recreation, amenity and civic zone; and, in Figure 6, the

Environmental Management Services Page 13 of 40 Appeal by Mr Gerard Connor against decision to grant planning permission to Bellscape Limited; Louth County Council Planning Ref. 19 / 212 environmental objectives strategy map, the appeal site is designated as open green space.

The Murray O'Laoire plan was consistent with the policies and objectives of the then current Louth County Development Plan, it reflected Government Policy at a local level, and paid due regard to sustainability issues. For these reasons we would recommend that the Board should have particular regard to this plan (as well as to the UCD Urban Design Study) when considering the planning application which is the subject of this appeal.

The main principles of the plan were summarised in the introduction as: • “Strengthening the urban centre of the town by focussing on its inherent development potential while conserving and protecting the town's heritage and built environment; • The rural area is seen as a landscape and agricultural resource which must be protected from urban-generated development and sprawl; • Housing, and affordable housing provision, are vital to ensure the healthy development of Dunleer; • Permeability and connectivity through the town and between its centres are integral to Dunleer's future form; • A dense urban environment necessitates increased amenity and leisure space with improved accessibility; and, • Increased employment opportunities are central to supporting a growing population in Dunleer”.

Further objectives and goals mentioned in the plan included: ü promotion of environmentally-friendly mobility (i.e., cycling, walking and public transport); ü provision of a range of residential options in the town centre – in size and affordability; ü enhance the urban spaces in the town centre to attract activity; ü improve accessibility through the town; ü improve community leisure and community facilities; ü instigate a pattern of sustainable development; and, ü actively promote the use of alternative energy sources and pursue opportunities for the integration of these into new commercial and residential developments.

The plan refers briefly to the fact that the main Dublin-Belfast railway line runs through the eastern fringe of the town, that the railway station is disused, trains do not stop at Dunleer; and, despite pressure from Dunleer’s residents (and, we might add, from Louth County Council), Iarnród Éireann “claimed” to be unable

Environmental Management Services Page 14 of 40 Appeal by Mr Gerard Connor against decision to grant planning permission to Bellscape Limited; Louth County Council Planning Ref. 19 / 212 to upgrade the line and to re-open the railway station. We now know that this “claim” was unfounded, and was based more on an unwillingness to consider any improvement in Ireland’s rail network, however necessary or desirable this might be for social, transportation or environmental reasons.

We would add, as a comment on the plan, that the re-opening of the railway station (with frequent rail service) could be a key to facilitate phased expansion of the town; and, if a bridge for pedestrians and cyclists were to be constructed over the railway line near the railway station, this would have the effect of bringing lands immediately east of the line to within cycling and walking distance of the railway station and the town centre, and would open up these lands for residential development. However, this suggestion is in conflict with one of the plan’s strategic policies, which is to prevent further development to the east of the rail line. While we agree that such development should be prevented beyond where the town’s defined urban boundary extends a considerable distance away to the south-east, there would appear to be no reason for restricting residential development immediately to the east of the railway station, provided that a bridge, as suggested above, were to be provided in advance of any such development.

We have illustrated a possible location for such development in Figure 8 in Appendix II, and our further observations on the proximity of the Dublin-Belfast railway line and the re-opening of the railway station are made in the context of the County Development Plan in section 3.4.2 below.

A second development, we would suggest as a comment on the Murray O'Laoire plan, is that a bus station could be built adjacent to the re-opened railway station, to provide a public transport service linking Dunleer with other towns and village not served by the railway. But we would emphasise that any such bus service must be scheduled to link with train times, so that inter-modal journeys become normal and easy to plan and implement.

This suggestion is consistent with the recommendation made in the Murray O'Laoire plan, which refers to the “importance of establishing a quality public transport network linking Dunleer to its employment and education destination zones … in order to reduce the amount of private car travel which would be further exacerbated with the development of large housing developments aimed at the Dublin market.”

Among the positive statements in the plan are that “infill and backland development” should take place “before the development of greenfield sites on the outer edges of the town”, and that “consolidation of the growth of Dunleer should occur within a 250-metre distance of the town centre, defined as the intersection of Main Street and the road to the railway station. This would centre the urban expansion potential within a ten-minute walk of the core retail, commercial and civic facilities”. By way of comment, we would urge the Board

Environmental Management Services Page 15 of 40 Appeal by Mr Gerard Connor against decision to grant planning permission to Bellscape Limited; Louth County Council Planning Ref. 19 / 212 to have regard to these recommendations before making a decision on the planning application which is the subject of this appeal.

Curiously, the plan states on the one hand that “while Dunleer is not, nor should try to be a tourist destination or a tourist town”, while at the same time the plan refers to the Táin Trail which passes through Dunleer, and which presents “a major tourist opportunity for the town”.

It was intended that, after the public consultation process had been completed, and the plan had been adopted by the Council, Louth County Council would be responsible for implementing it; and, after six years, the plan would be reviewed in the context of changing pressures and needs.

3.2.5 Five County Councillors’ Alternative Local Area Plan, 2002 - 2003

After the Murray O'Laoire draft was put on public exhibition in January 2002, it emerged that five county councillors representing mid-Louth, which includes Dunleer, had commissioned an alternative local area plan, in association with a very active pro-development lobby. This plan differed substantially from the Murray O'Laoire plan in that it proposed a major extension of Dunleer's development boundary, and included rezoning enough land to accommodate a further 40,000-50,000 people.

After a lengthy and heated debate among members of Louth County Council, the Councillors’ plan was adopted, but was subsequently modified (the “third plan”). This plan proposed a five-fold increase in the population of Dunleer to 6,000, a large area of land was zoned for housing to cater for Dublin commuters, and provision was made for a large "tourist retail outlet village".

The modified plan was further discussed at a lengthy meeting in May 2003, at which the Councillors decided by a sizable majority to return to the plan drawn up by consultants Murray O'Laoire, and to put it back on public display.

3.2.6 Heritage Council Appraisal of Louth County Council’s Draft Local Area Plan for Dunleer

In the meantime, Louth County Council had produced a draft Local Area Plan for Dunleer in 2001, and this was the subject of a detailed assessment by the Heritage Council in February 2002.

Comments made by the Heritage Council relevant to this appeal include: Ø There is little reference to wildlife habitats, which in the context of a significantly enlarged urban area, warranted greater discussion; Ø while the countryside is recognised as a resource to be protected from urban sprawl, there are no views of prospects to be protected;

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Ø gaps in the plan included failure to recognise linked green spaces as wildlife corridors and the absence of meaningful proposals on the role of the White River; Ø the strategy of the plan to develop the town in three phases and at different levels of density, based on three concentric zones, has much to recommend it; even though defining the limits of these zones in the absence of visible physical boundaries or demarcations will prove difficult to implement; Ø much of the heritage from earlier periods appears to have been lost, and the proposed doubling of Dunleer’s population and significant expansion of the built environment will lead to the most serious conflicts with heritage; Ø the settings of heritage features should receive the same degree of protection as the heritage features themselves; and, Ø proposals to identify and designate more green space and to investigate the creation of a town park would significantly contribute to heritage aims.

3.2.7 Louth County Council’s Local Area Plan for Dunleer, 2003 - 2009

In 2003, Louth County Council produced a Local Area Plan for Dunleer, based to a significant extent on the plan commissioned by the Council from Murray O’Laoire.

The plan noted the “significant development pressure for housing, much of which originates in the Dublin market”, and also referred to the “recent granting of planning permission for a 270-house development which would double the population of Dunleer”, and “this population increase would impact on all aspects of Dunleer’s infrastructure, from roads to services provision”. The Board will be aware of this development, as it was granted planning permission by Louth County Council (Planning Ref.: 00/389) and was appealed to the Board (An Bord Pleanála ref.: PL 15 120099) which granted permission with 11 conditions. The Board should also be aware that this decision shocked the local community, and was widely condemned by a variety of local organisations including the Dunleer Steering Committee which had been set up the previous year to produce a sustainable development plan for the town (see section 3.2.3 above).

This Local Area Plan was superseded by a new Local Area Plan in 2010, and this in turn was replaced by the current Local Area Plan (2017-2023). In section 3.5 below we examine whether or not the proposed development would be consistent with, or in conflict with, policies and objectives of this plan.

However, it may be of interest to the Board that the draft 2010 Local Area Plan was the subject of a detailed critical analysis by An Taisce. As the Board will be aware from many submissions made by An Taisce, this is an organisation that

Environmental Management Services Page 17 of 40 Appeal by Mr Gerard Connor against decision to grant planning permission to Bellscape Limited; Louth County Council Planning Ref. 19 / 212 prides itself in promoting sustainable development, community participation and the provision of a better quality of life for all the people of Ireland. It is also relevant to note that An Taisce (as a national environmental NGO and through its local association in County Louth) has been involved in a pro-active and comprehensive way in Dunleer since 1997, and has contributed to the UCD Urban Design Study described briefly in section 3.2.2 above.

The principal points made by An Taisce in its critical review of the 2010 Local Area Plan, some of which are relevant to this appeal, include: • Inappropriately zoned land to facilitate residential development in the last Dunleer LAP should now be de-zoned in this LAP; • Inappropriately zoned land to facilitate business and commercial development in the last Dunleer LAP should now be de-zoned in this LAP at Woodpark, in the south-western fringe of the town; • An Taisce appealed three decisions by Louth County Council to grant planning permission for proposed developments adjacent to Dunleer railway station on the grounds that each of these decisions would prejudice the re-opening of the station; and the Board responded to these three appeals by refusing planning permission for all of these developments for the reason that they would prejudice the re-opening of Dunleer Railway Station; • Louth County Council should designate the White River Mill complex as a regional heritage and recreational amenity resource for Dunleer, which would promote tourism, heritage and biodiversity in County Louth and the north-east region; • The “low lying lands” subject to periodic flooding (especially those lands east of White River towards Railway Station) should not be zoned for development, but should be kept as open lands as part of a proactive flood prevention policy; and, • There is an urgent need to provide public recreational facilities for the population of Dunleer which, at the time when these observations were made by An Taisce, had grown by 43% between the Census of 2002 (1014 persons) and the 2006 Census (1449 persons).

We would add five observations to the above comment by An Taisce: i) the current population of Dunleer is 1,822 (according to the 2016 Census) an increase of 25.7% in 10 years; ii) the current County Development Plan for County Louth, 2015 – 2021, includes a projected population of 1,751 for the year 2021, with an additional 23 houses allocated to cater for this increase;1

1 County Development Plan for County Louth, 2015 – 2021, Chapter 2, Table 2.4 and paragraph 2.9.2, page 17.

Environmental Management Services Page 18 of 40 Appeal by Mr Gerard Connor against decision to grant planning permission to Bellscape Limited; Louth County Council Planning Ref. 19 / 212 iii) this projected increase has already been exceeded by the population counted in the 2016 census; iv) the County Development Plan and the Core Strategy states that it will “facilitate the growth of Dunleer with associated community facilities, services and employment opportunities”; and “this growth should be commensurate with growth in economic activity, provision of public transport and in line with capacity in water services”; and, v) this policy supports the point which we have made in section 3.2.4 above, that a decision by An Bord Pleanála to grant planning permission for the proposed housing development would be premature while the railway station remains closed and there are no rail services connecting Dunleer with other towns and cities.

3.3 Brief Planning History of the Appeal Site and Nearby Sites within Dunleer

The site of the present planning application by Bellscape Limited has been the subject of previous applications, and the Board will be aware that there is a significant number of other planning applications for housing developments in and around Dunleer which have been granted planning permission by Louth County Council, but refused by the Board on appeal. There is also a number of planning applications, permission for which has been refused by Louth County Council, but granted by the Board following an appeal.

A brief examination of these planning decisions (outside the scope of this appeal) reveals an inconsistency among the decisions, most probably indicating the lack of a more definitive plan for the future of Dunleer town centre and its immediate surroundings. While the Local Area Plan is intended to fulfil this function, it suffers from a lack of definite provisions for public transport and for cycleways, for use of some important town centre areas which could be available for appropriate infill, and from a certain degree of inconsistency with regard to phasing, zoning, environmental protection, and the protection and safeguarding of the town’s archaeological and built heritage.

Environmental Management Services Page 19 of 40 Appeal by Mr Gerard Connor against decision to grant planning permission to Bellscape Limited; Louth County Council Planning Ref. 19 / 212

3.4 Compliance, or Non-Compliance, with Policies and Objectives of the current Louth County Development Plan, 2015 - 2021

The Louth County Development Plan 2015-2021 is described as the over- arching strategic framework document for the proper planning and sustainable development, in spatial, economic, social and environmental terms, of the entire functional area of County Louth. It is intended to set out a long-term vision for the development of the County up to 2021, while protecting and enhancing the environment on the principle of sustainable development.2

3.4.1 Core Strategy and Settlement Hierarchy

In the Core Strategy and Settlement Hierarchy, Dunleer is classified as a “Level 2 Settlement”, i.e., a “Moderate Sustainable Growth Town.”3

The Settlement Strategy also seeks to guide the sympathetic development of Dunleer “in a fashion that will promote sustainable forms of development, that is, consistent with the proper planning and sustainable development of the County” and with the National Spatial Strategy (NSS) 2002 and the Regional Planning Guidelines for the Border Region 2010-2022; and it is considered important that “development permitted within the towns and villages of the County is commensurate with their existing populations and their position within the settlement hierarchy and does not result in an excessive or disproportionate level of development”.4

An important policy, relevant to this appeal, is Policy SS8 which aims:

“To promote and develop the resources of Dunleer to create a self sufficient, sustainable and vibrant community which will act as a local development and service centre for the border catchment area and to review the Dunleer Local Area Plan following the adoption of the Louth County Development Plan 2015-2021”.5

In support of the policy and applying principle of sustainable development, Louth County Council will: • “Facilitate the development of infrastructural projects underpinning sustainable development;

2 Louth CDP 2015-2021, Chapter 1, Introduction, Section 1.1, page1. 3 Louth CDP 2015-2021, Chapter 2. Core Strategy and Settlement Strategy, Table 2.2 Settlement Hierarchy Based on County Role (Source: Regional Planning Guidelines for the Border Region 2010-2022), page 14. 4 Louth CDP 2015-2021, Chapter 2, Core Strategy and Settlement Strategy, Section 2.14 Settlement Strategy, page 27. 5 Louth CDP 2015-2021, Chapter 2, Core Strategy and Settlement Strategy, Policy SS8, page 32.

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• Provide a framework for sustainable development through energy efficiency, renewable energy, minimisation of travel demand and sustainable transport; and, • Engage in efforts to minimise human induced causes of climate change and adaptation to address the impacts and opportunities resulting from climate change”.6

The Core Strategy and Settlement Strategy also states the Council will: • “encourage mixed use development forms and sustainable centres, in which employment, housing and community services are located in close proximity to each other and to strategic public transport corridors [our emphasis]; • support the creation of a compact urban form in all settlements in County Louth; • facilitate the development of sustainable and socially inclusive communities; and, • promote and support the integration of land use and transport and to encourage a modal shift to greater use of sustainable modes of transport, including walking, cycling and public transport” [our emphasis]. 7 It is our submission that there is nothing in this strategy or the associated policies to suggest any significant expansion of Dunleer, or a large increase in the population. On the contrary, the County Development Plan envisions a compact settlement, with no “excessive or disproportionate development”, and where sustainable and energy efficient modes of travel (especially walking, cycling and public transport) are encouraged and facilitated.

3.4.2 Transportation

In addition to the policies on transportation mentioned in the Core Strategy and Settlement Strategy, the Development Plan also addresses transportation issues in chapter 7.

The Plan notes that … “sustainable transport modes [are] increasingly being promoted in the form of improved public transport services, improved cycling and walking facilities and infrastructure aimed at supporting the use of electric vehicles. The aim of this is to effect an increased modal shift away from the dominance of the private car as the main mode of transport in the County”,

6 Louth CDP 2015-2021, Chapter 1, Introduction, page 8. 7 Louth CDP 2015-2021, Chapter 2, Core Strategy and Settlement Strategy, Section 2.3 Strategic Planning Approach, page 11.

Environmental Management Services Page 21 of 40 Appeal by Mr Gerard Connor against decision to grant planning permission to Bellscape Limited; Louth County Council Planning Ref. 19 / 212 and raises the legitimate concern that … “over-dependency on the car as the primary means of personal transportation is unsustainable in the long term, having regard to the finite nature of fossil fuel resources and their impact in contributing to global warming”.

The Plan therefore states that it will seek to promote alternative sustainable modes of transport 8 -- a statement which echoes the previously noted over- arching core policies in the first chapter of the Plan (section 3.4.1 above).

The Smarter Travel Programme operated by the Department of Transport, Tourism and Sport, (DTTS) is noted as having delivered substantial funding for Dundalk Town Council, while in Drogheda and Ardee, successful detailed studies were completed in 2012 on the opportunities for increasing walking and cycling.9

While accepting that Dunleer is significantly smaller than the three towns which have benefited from the Smarter Travel Programme, we might suggest that this would be an appropriate time to undertake the necessary study prior to design and implementation.

The need to reduce car dependence and to improve facilities for cycling and walking is further emphasised in a proposed fundamental change in planning roads and streets: “In future, the emphasis will be on urban roads as active places which will be attractive to all users and not just primarily as transportation corridors for the near exclusive use of private cars. This represents a steep change in road design. Streets are to be designed as integrated, pleasant environments where the needs of the pedestrian and cyclist have an equal status to the car driver” 10.

In section 3.2.4 above we commented on the desirability, from a planning, social and sustainability perspective, of re-opening the railway station in Dunleer.

In Chapter 7, the County Development Plan refers to the mainline railway which crosses the County, carrying trains eight times daily between Dublin and Belfast while also serving some intermediate towns. In 2014, the line and the service received a major upgrade, with EU funding; and it is the ultimate intention that

8 Louth CDP 2015-2021, Chapter 7, Transport, Section 7.1 Introduction, page 215. 9 Louth CDP 2015-2021, Chapter 7, Transport, Section 7.2.5 Smarter Travel, page 217. 10 Louth CDP 2015-2021, Chapter 7, Transport, Section 7.2.8 Design Manual for Urban Roads and Streets (2013) Department of Transport, Tourism and Sport (DTTS) / Department of the Environment, Community and Local Government (DECLG), page 218.

Environmental Management Services Page 22 of 40 Appeal by Mr Gerard Connor against decision to grant planning permission to Bellscape Limited; Louth County Council Planning Ref. 19 / 212 the service will be operated hourly by 2021. Both Dundalk and Drogheda are also linked to Dublin and beyond by Iarnród Éireann’s commuter services.11

The current Development Plan further notes that County Louth will benefit substantially from a number of rail transport capital programmes proposed by Iarnród Éireann; and it is the policy of the Council to secure, in co-operation with Iarnród Éireann, improved rail services in County Louth, particularly for the mid and south Louth areas.12

It is quite clear from these statements that the situation in the year 2000, when Iarnród Éireann “claimed” to be unable to upgrade the line and to re-open the railway station (see section 3.2.4 above) has been significantly changed for the better, with funding now available for rail transport capital programmes, and a renewed interest at EU level in rail travel and freight transport as being much more energy efficient and capable of being run on renewable energy.

It is therefore disappointing, and in conflict with other policies in the current County Development Plan, that the County Development Plan fails to include a stated intention to have the railway station in Dunleer re-opened.

We would point out to the Board that the policy of Louth County Council in the 2003-2009 County Development Plan was to secure the re-opening of the Dunleer railway station, and this earlier plan quotes a statement by Iarnród Éireann that they will continue to work closely with all stakeholders regarding the potential for new stations in County Louth, including the station in Dunleer.13

It is therefore our submission that the proposed housing development fails to comply with the above policies on transportation, for the reasons that: a) it will lead to further car dependency, including commuting by car, in the absence of any increase in suitable employment in Dunleer which would be available to owners of the proposed new homes; b) car-dependency and car-based commuting would be increased by the absence of frequent, reliable and fast public transport between Dunleer and other employment centres, especially Dublin, Drogheda and Dundalk; c) while accepting that the applicant proposes to include cycleways within the planned housing development, there are no safe cycleways linking the proposed development with Dunleer town centre, nor are any such cycleways proposed; d) even though the applicant has stated in the Urban Design Analysis provided as part of the further information submitted that “walking or

11 Louth CDP 2015-2021, Chapter 7. Transport, Section 7.8.1 Rail Transportation, page 239. 12 Louth CDP 2015-2021, Chapter 7, Transport, Section 7.8.1 Rail Transportation, page 239. 13 Louth County Development Plan 2009-2015, Chapter 8, section 8.11, Rail Transport, page 162.

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cycling are realistic options for travelling between the development and neighbouring community / retail / business/ employment uses / future train station”, the proposed development does not indicate the provision of any such cycleways, and Louth County Council has not indicated that they would be provided as public infrastructure; and, e) as we have stated earlier in this appeal, a decision to grant planning permission for the proposed housing development at a time when the railway station in Dunleer remains closed would be premature.

3.4.3 Sustainability

In the County Development Plan, sustainable communities are defined as: “places where people want to live and work now and in the future. They meet the diverse needs of existing and future residents, are sensitive to their environment, and contribute to a high quality of life. They are safe and inclusive, well planned, built and run, and offer equality of opportunity and good services for all”.14

Louth County Council considers the implementation of this approach as being key to the sustainable economic development of the County, and …

“it is paramount that the Plan takes a careful approach to population growth, ensuring that it is directed to locations which can absorb new development at a scale commensurate to its location and that in respect of the settlements, that policies are in place to facilitate balanced and integrated development having regard to the availability of necessary infrastructure, including social infrastructure”.15

It is our submission that the proposed housing development would, if permitted by the Board, conflict with the above policy on sustainability, even though we would accept that the scale of the development is relatively small.

3.4.4 Housing

Relevant policies on the provision of housing and the design of housing developments include the following: Roads should not have a dominant role … and the layout should incorporate a movement pattern that supports walking and cycling and

14 Louth CDP 2015-2021, Chapter 2, Core Strategy and Settlement Strategy, Section 2.4 Sustainable Communities, page 12. 15 Louth CDP 2015-2021, Chapter 2, Core Strategy and Settlement Strategy, Section 2.4 Sustainable Communities, page 12.

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includes traffic calming as well as providing convenient access to public transport.16 Pedestrian and cycle routes provide for a range and choice of transport alternatives. These are sustainable modes of transport which will reduce car dependency, reduce emissions that contribute towards climate change and encourage an active lifestyle which will bring health benefits to the community. Such connections and provision of these facilities which provide for alternative modes of transport to places, facilities and amenities, help to support and encourage an improved quality of life.17

Policy RES 15: To require that master plans and planning applications for residential developments identify where appropriate, pedestrian and cycle paths within the site and externally to adjoining residential areas, existing services and community facilities.18

It is clear from the above policy statements that any new residential development should be adequately linked by pedestrian and cycle routes to the town centre as well as to adjoining residential areas; and this does not appear be the case in the proposed housing development which is the subject of this appeal. To comply with the above policy, a safe cycleway is needed, separated from vehicular traffic, between the proposed housing estate and the town centre, and at present we do not see how this is to be provided. It is therefore our submission that the proposed development would, if permitted, be in conflict with the above policies.

3.4.5 Energy Efficiency and Renewable Energy

The County Development Plan reflects current national policy on energy, especially the intention to reduce our dependence on foreign fossil fuels, thereby providing “positive social, economic and environmental dividends”.19

In support of this statement, the Plan includes two policies which are relevant to consideration of this appeal: Policy EnCo 18: To encourage and support the use of solar energy technologies in all new and proposed retrofit developments taking place in County Louth.20

16 Louth County Development Plan 2009 – 2015, Chapter 4, Residential and Community Facilities, Section 4.4.1 Layout, page 96. 17 Louth County Development Plan 2009 – 2015, Chapter 4, Residential and Community Facilities, Section 4.6 Pedestrian and Cycle Infrastructure, page 98. 18 Louth County Development Plan 2009 – 2015, Chapter 4, Residential and Community Facilities, Section 4.6 Pedestrian and Cycle Infrastructure, page 98. 19 Louth County Development Plan 2009 – 2015, Chapter 9 Energy & Communications, Section 9.1 Introduction, page 266.

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Policy EnCo 19: To encourage and support the development of passive solar design proposals for the development of houses in rural and urban areas.21

It is difficult to imagine how the proposed housing development, and especially the way in which the layout is designed, could provide either roof-top solar PV systems or passive solar design for no more than a small number of the proposed houses. Even though the applicant has stated (in Section 9 of the Urban Design Analysis provided as part of the further information submitted) that “the orientation of the building and roof shapes readily lend themselves for potential solar panels / photovoltaic cells”, it is not possible to envisage how this could be achieved to any meaningful extent.

In the same section of the Urban Design Analysis, the applicant has stated that “energy efficiency measures can be set out in more detail at [the] building control stage”. Given that considerable importance is attached to improving the energy efficiency of building, not only in the County Development Plan, but as a matter of national policy, it is our submission that this issue is too significant to be left for consideration and discussion between the developer and the planning authority.

Given the absence of any details of the proposed “energy efficiency measures”, the Board should refuse permission. We accept that in the past, this may not have been a sufficient reason for refusing planning permission, but the need for energy efficiency to be demonstrated has made this a key issue.

The applicant has further stated that the proposed houses will comply with the relevant Technical Guidance Documents of the current Building Regulations, but we cannot see how full compliance could be achieved, especially with regard to Part L, which includes rainwater harvesting. In this connection, we would draw the Board’s attention to Section 9.9.7 of the County Development Plan:

“Rain water recovery systems harvest rain water which can then be used for the flushing of toilets, washing machines and general outside use. A rainwater holding tank is installed below the ground that gathers water from the roof of buildings. This water is pumped into a tank within the building’s roof space where it is stored until required. This water would otherwise have to be treated and pumped by Irish Water representing a substantial saving. The system filters and collects between 20% and 30% of total water consumption used by a family of four. The system is isolated from the mains water system to eliminate any possibilities of contamination. In the event of using all of the rainwater reserve, an

20 Louth County Development Plan 2009 – 2015, Chapter 9 Energy & Communications, Section 9.4.2 Solar Energy, page 275). 21 Louth County Development Plan 2009 – 2015, Chapter 9 Energy & Communications, Section 9.4.2 Solar Energy, page 275.

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automatic change over system switches over to using mains water until the rainwater tank starts to refill. The rainwater system generally has three separate filters which reduce particles down to 130 microns. These systems should have the British Board of Agrément approval to meet the Building Regulations”.22

3.5 Compliance, or Non-Compliance, with Policies and Objectives of the Current Dunleer Local Area Plan 2017 - 2023

The Dunleer Local Area Plan contains a significant number of policies and an amount of detail, some of which reflect (or mirror) the statements and policies in the County Development Plan. A certain degree of repetition in the following sections of our appeal is therefore unavoidable.

3.5.1 Importance and Relevance of the Local Area Plan (LAP)

The importance of the Dunleer LAP is emphasised by the statement in the introduction to the plan that: “The purpose of the Dunleer Local Area Plan is to guide future development by zoning lands for particular purposes and providing a policy framework for planning decisions within the town of Dunleer. This should be done in a sustainable and equitable manner and inform the local community, the public, stakeholders and developers of the policies and objectives that will ultimately shape development within the plan area”.23

3.5.2 Strategic Objectives – Sustainability and Best Practice Urban Design

The LAP also emphasises the need to achieve sustainability, especially through best practice in urban design, and the following policies are relevant: “To provide for the sustainable growth of local employment, economic development, transportation, housing and services for both the town and its hinterland and to strengthen within a consolidated urban form, these interdependent land uses in future development, providing for best practice urban design principles and sustainable energy while protecting the natural and man-made assets”.24

22 Louth County Development Plan 2009 – 2015, Chapter 9 Energy & Communications, Section 9.9.7 Rain Water Harvesting, page 283. 23 Dunleer Local Area Plan 2017-2023, Chapter 1 Introduction to the Local Area Plan, 1.0 Introduction, page 2. 24 Dunleer Local Area Plan (DLAP) 2017-2023, Chapter 1 Introduction to the Local Area Plan, 1.2 Vision, page 4.

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“To encourage a sustainable level of development that is appropriate to the character of Dunleer, and to strengthen Dunleer as a development and service centre to cater for the local population”.25

“To ensure that best practice urban design principles are applied to all new development and give guidance on the location, scale, form, design and type of development that is appropriate with the infrastructure necessary to service it”.26

“To enhance the existing transport network and encourage improved access, connectivity and permeability to and around the town, including use of public transport, walking and cycling”.27

Important points for the Board to note are the emphases in the LAP on the intention to consolidate the urban form of Dunleer, to ensure that any new development respects the principle of sustainability, that the necessary infrastructure must be provided (or in place), and that public transport, walking and cycling routes must be available to service a new development.

These policies support our submission that a decision to grant planning permission before the necessary public transport infrastructure and cycleways are available would be premature.

3.5.2 Residential Phasing Strategy and the Development of an “Opportune Urban Site” and Infill Sites within the Town Centre

The phased approach to development and expansion of Dunleer recommended in the Murray O’Laoire report (section 3.2.4 above) appears to be have been taken into account, given the following objectives in the LAP: “Only those lands identified as Phase 1 (Map 5.3, Appendix 5) shall be available for residential development during the lifetime of this Local Area Plan”.28 “The lands identified as Phase 2 and Phase 3 (Map 5.3, Appendix 5) are strategic in nature and shall not be available for residential development during the lifetime of the Local Area Plan”.29

25 Dunleer Local Area Plan 2017-2023, Chapter 1 Introduction to the Local Area Plan, 1.3 Strategic Objectives of the LAP, 1.2 Vision, page 4. 26 DLAP 2017-2023, Chapter 1 Introduction to the Local Area Plan, 1.3 Strategic Objectives of the LAP, page 4. 27 DLAP 2017-2023, Chapter 1 Introduction to the Local Area Plan, 1.3 Strategic Objectives of the LAP, page 4. 28 DLAP 2017-2023, Chapter 2 Core Strategy and Settlement Strategy, 2.2 Residential Phasing Strategy, page 11. 29 DLAP 2017-2023, Chapter 2 Core Strategy and Settlement Strategy, 2.2 Residential Phasing Strategy, page 11.

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This strategy is necessary to ensure that a sufficient area of residentially zoned land is available, and has the capacity to accommodate housing needs, while retaining the compact form of the town, and preventing the type of “urban sprawl” which is a feature of so many Irish towns.

The LAP also states that: “There are areas of the town that would benefit from development and revitalisation and the purpose of this Plan is to direct new development for specific purposes to suitable and available sites. The overall form of the town requires a degree of consolidation through the beneficial use of vacant and underused lands, particularly close to the centre of the town where a mixed use zoning is appropriate and on brownfield and infill sites”.30

The strategy is supported by Policy CS2 which has the intention: “To ensure all residential development is in accordance with the Residential Phasing Strategy of the Dunleer Local Area Plan 2017- 2023”.31

This strategy is strengthened by the following statements:

“Consolidation of Dunleer’s Town Core and development of brownfield and infill sites has the advantage of revitalising areas by utilising capacity of existing social and physical infrastructure. The result of such development is that it helps create a compact urban form, potentially reduces dereliction and site vacancy, supports sustainable transport, improves security, provides potential for improvements to the public realm, improves the character of the town and contributes to a sense of place”.32

“An area of approximately 4.18ha has been identified as an Opportune Urban Site in Phase 1 (Map 5.3, Appendix 5). The primary objective of this Opportune Urban Site is for the expansion of the town centre with a mixed use of commercial with ancillary residential development”.33

The LAP states that there may be some physical and policy constraints which might impact the scale of development feasible at this town centre location (and these are mentioned as including flooding, topography, accessibility, possible

30 Dunleer Local Area Plan 2017-2023, Chapter 7 Development Objectives and Zoning, 7.0 Development Objectives, page 38. 31 DLAP 2017-2023, Chapter 2 Core Strategy and Settlement Strategy, 2.2 Residential Phasing Strategy, page 12. 32 DLAP 2017-2023, Chapter 2 Core Strategy and Settlement Strategy, 2.3 Consolidation of Town Core Area: Opportune Urban Site, Brownfield and Infill Sites, page 12. 33 DLAP 2017-2023, Chapter 2 Core Strategy and Settlement Strategy, 2.4.1 Opportune Urban Site, page 13.

Environmental Management Services Page 29 of 40 Appeal by Mr Gerard Connor against decision to grant planning permission to Bellscape Limited; Louth County Council Planning Ref. 19 / 212 re-use of the railway station, land ownership, wayleaves and a mixed use zoning objective), but we see no reason why such a significant area of land, so close to the town centre and to the railway station, should not be developed for mixed use which would include a major residential component of approximately 1.0ha in area.34 In fact, we cannot see how “accessibility”, “topography” (the land is quite level) and “possible re-use of the railway station” could be regarded as constraints on appropriate and suitably well-designed development within this “Opportune Urban Site”. Not to include these town centre lands in the Core Strategy or the Phasing Strategy would seem to be contradictory.35

In Figures 7 and 8 in Appendix II we have reproduced Map 2.1 (“Sequential Circles”) and Map 5.3 (“Residential Phasing”) from the LAP. The application site is within the second circle, but outside of the first circle on Map 2.1, which indicates that it is not among the most preferred areas for residential or other development. However, the site is shown on Map 5.3 as being within Phase 1 of the phased development, together with two other large areas of land which are located within the first circle.

On Figure 8 we have also made the suggestion that, if a pedestrian and cycleway bridge were to be constructed over the railway line close to the railway station, this could open for residential development a significant area of land on the eastern side of the railway line. We would point out that housing on these potentially developable lands would be within 130 and 400 metres (minimum and maximum walking and cycling distances) from the railway station, and from a possible bus station if one were to be constructed adjacent to the railway station; and these houses would also be within 320 and 580 metres (minimum and maximum walking and cycling distances) from the town centre.

It is therefore our submission that the development of housing on the site which is the subject of this appeal should be considered as Phase 2 development, and therefore should not be permitted within the lifetime of the current LAP, and should not be permitted before a detailed town centre plan for Dunleer (with particular attention to appropriate uses and development of the “Opportune Urban Site”) will have been produced.

3.5.3 Natural Heritage and Green Infrastructure

The LAP states that: “The natural heritage of the town is one of its greatest assets but is one whose potential has not been fully realised. Within the plan boundary the White River meanders through lands which are zoned for both recreation/amenity and commercial development but which to date

34 DLAP 2017-2023, Chapter 2 Core Strategy and Settlement Strategy, 2.4.1 Opportune Urban Site, page 13. 35 DLAP 2017-2023, Chapter 2 Core Strategy and Settlement Strategy, 2.4.2 Brownfield/Infill Sites, page 14.

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remain undeveloped. These lands include trees, hedgerows, flora, fauna, etc., all of which play an important role as ecological corridors for the movement of species and provision of habitats which enhance and maintain biodiversity. It is important that the local area plan affords protection to all features of built and natural heritage in the locality”.36

“Enhancing and protecting the natural heritage and open spaces for both biodiversity and recreational use has benefits for the towns’ sustainability and attractiveness as a place to work, live and visit”.37

“The White River flows through the centre of the town on lands identified for recreation, amenity and open space in addition to lands zoned for development purposes. This represents an important and continuous ecological corridor in Dunleer which must be protected, managed and enhanced as an integral part of the town’s Green Infrastructure network”.38

These statements are supported by the following four policies:

“Policy NB 3: To protect, where possible, all natural features of interest, including significant trees, hedgerows, topographical and geological features. Such features should be carefully and sensitively incorporated into the design and layout of any permitted new development”.39

“Policy NB 4: To secure the development of a riverside walkway along the White River, ensure the protection of the river corridor environment and provide a range of opportunities for active and passive recreation”.40

“Policy NB 6: To protect, enhance and further develop the Green Infrastructure Network within Dunleer and to strengthen ecological links to the wider surrounding network”.41

“Policy NB 7: To implement the Green Infrastructure Network in any assessment of development proposals to prevent adverse impact on the ecological connectivity of Dunleer”.42

It is our submission that the Board should have particular regard to the above statements and policies, especially given the current high degree of concern

36 DLAP 2017-2023, Chapter 3 Natural & Built Heritage, 3.0 Introduction, page 16. 37 DLAP 2017-2023, Chapter 3 Natural & Built Heritage, 3.3 Green Infrastructure, page 18. 38 DLAP 2017-2023, Chapter 3 Natural & Built Heritage, 3.3 Green Infrastructure, page 18. 39 DLAP 2017-2023, Chapter 3 Natural & Built Heritage, 3.2 Natural Environment / Open Space, page 17. 40 DLAP 2017-2023, Chapter 3 Natural & Built Heritage, 3.2 Natural Environment / Open Space, page 17. 41 DLAP 2017-2023, Chapter 3 Natural & Built Heritage, 3.3 Green Infrastructure, page 19. 42 DLAP 2017-2023, Chapter 3 Natural & Built Heritage, 3.3 Green Infrastructure, page 19.

Environmental Management Services Page 31 of 40 Appeal by Mr Gerard Connor against decision to grant planning permission to Bellscape Limited; Louth County Council Planning Ref. 19 / 212 about loss of habitats, serious reduction in numbers of certain species of birds, insects and other fauna throughout Ireland. As the Board will be aware, the extinction of natural species of flora and fauna worldwide is now a major concern; and, while such a degree of extinction in Ireland is unlikely, the country and its national organisations have a duty to protect all forms of biodiversity.

The White River and its riparian zone is a natural wildlife corridor, and should therefore be protected from development which would impact adversely on this important function. At the same time, the use of the White River as the central core of amenity walks on both banks from the town centre to the White River Mill would be a superb addition to the town’s amenities and tourist attraction.

3.5.4 Built Heritage -- the White River Mill

We would point out that the White River Mill is listed in the Record of Protected Structures in Dunleer LAP 43, and therefore should be allowed to retain its woodland surroundings, as well as the buildings themselves.

3.5.5 Archaeology

The Dunleer LAP identifies a substantial area of Dunleer as an Area of Special Archaeological Interest (ASAI), and this is shown on Map 5.5 in Appendix 5 of the LAP. The Plan states that the Council will seek to protect this area and will promote better knowledge of the town’s archaeological heritage.44

This statement is supported by the following policy: “Policy NB 12: To protect Dunleer’s Area of Special Archaeological Interest and archaeological sites (See Map 5.5, Appendix 5)”.45

3.5.6 Transportation

The LAP states that “Dunleer has the advantage that, being a small town, the opportunity still exists to innovatively plan for future transport requirements to meet local needs”.46 Therefore “it is considered necessary that a new road including pedestrian and cycle paths”, should be provided from the railway station through to Barn Road in order to increase capacity and afford access to facilitate the development of the lands in front of the railway station.47

43 Dunleer Local Area Plan 2017-2023, Chapter 3 Natural & Built Heritage, 3.4.1: Protected Structures, page 20. 44 DLAP 2017-2023, Chapter 3 Natural & Built Heritage, 3.4.2 Archaeological Heritage, page 21. 45 DLAP 2017-2023, Chapter 3 Natural & Built Heritage, 3.4.2 Archaeological Heritage, page 21. 46 DLAP 2017-2023, Chapter 4. Infrastructure, 4.6 Transportation, page 26. 47 DLAP 2017-2023, Chapter 4. Infrastructure, 4.6.1 Road & Streets, page 26.

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As we have suggested several times in this appeal, the re-opening of the railway station should be an essential component of a transportation policy for Dunleer; and we would agree that there is still an opportunity to develop an innovative, environmentally sustainable and climate friendly plan for the town’s transport needs, both within the town and between Dunleer and other towns and cities.

The LAP also states that “the opportunity exists in Dunleer to encourage the development of an enhanced network of pedestrian routes in the town, linking residential areas, shops, amenity areas and employment locations”.48

These aims are supported by the following policies:

“Policy IN 16: To promote cycling as a viable sustainable transport mode for all members of the community by providing cycle lanes in all new developments, and to promote the principles of the National Cycle Policy Framework (2009) and the Permeability Best Practice Guide (2015)”.49

“Policy IN 17: To facilitate and support improved connectivity through a network of pedestrian and cycle routes between adjoining development sites and throughout the town, as detailed in Objectives Map 5.6 (Appendix 5)”.50

The LAP also states that the “provision of an official bus shelter at a central location with a supporting information board would be beneficial to the town”.51 As suggested earlier, we consider that a town of the size of Dunleer merits having a proper bus station, and the obvious location for a bus station would be adjacent to the railway station, where inter-modal transfer could be easily accommodated. Of course this obviously beneficial development should be supported by schedule sharing between bus and rail services, so that buses arrive and depart at times when trains also arrive and depart. Such an arrangement is common in other European countries, but seems to be very difficult to achieve in Ireland, not for any technical reasons, but for lack of awareness and political will.

In support of our suggestion above, the LAP points out that “Louth County Council is committed to improving rail travel for the mid and south Louth areas, which includes Dunleer. Dunleer offers the potential as a location to secure, in

48 Dunleer Local Area Plan 2017-2023, Chapter 4. Infrastructure, 4.6.2 Pedestrians and Cyclists, page 26. 49 DLAP 2017-2023, Chapter 4. Infrastructure, 4.6.2 Pedestrians and Cyclists, page 27. 50 DLAP 2017-2023, Chapter 4. Infrastructure, 4.6.2 Pedestrians and Cyclists, page 27. 51 DLAP 2017-2023, Chapter 4. Infrastructure, 4.6.3 Public Transport, page 27.

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Some limited support is also provided by Policy IN 19 which states that the aim of the Council is to “secure, in co-operation with Iarnrod Éireann, improved rail services for the mid and south Louth areas”.53

It is unfortunate that neither of the above policy statements make a clear reference to the need to re-open the railway station, but the implication is clear – how could Dunleer be a location to provide improved rail services for mid and south County Louth if the station was not re-opened !

3.5.7 Energy Use in Buildings

The Dunleer LAP includes a policy on the use of renewable energy in buildings, similar to the policy in the County Development Plan: “Policy IN 26: To require that all new developments in Dunleer, including one-off houses, demonstrate that at least 25% of a building’s energy requirements are from renewable sources. This should be calculated on the basis of an approved method carried out by a qualified and accredited expert”.54

The Local Area Plan adds that: “In accordance with the Louth County Development Plan 2015-2021, all applications for residential development must demonstrate that a minimum of 25% of the energy requirements of the building is from renewable sources”.55

Our comments on energy efficiency and the use of renewable energy in buildings (in section 3.4.5 above) apply equally to this policy.

3.5.8 Tourism Potential of Dunleer

In the section of the LAP dealing with Economic Development and Employment, the Plan states that: “Dunleer has an excellent strategic location in “Irelands Ancient East”, and is relatively close to the Boyne Valley Region, which encompasses the Brú na Bóinne UNESCO World Heritage Site and the Site of the Battle of the Boyne. The nearby site of Monasterboice Tower & High

52 Dunleer Local Area Plan 2017-2023, Chapter 4. Infrastructure, 4.6.4 Rail, page 27. 53 DLAP 2017-2023, Chapter 4. Infrastructure, 4.6.4 Rail, page 27. 54 DLAP 2017-2023, Chapter 4. Infrastructure, 4.8 Energy, page 29. 55 DLAP 2017-2023, Chapter 8 Design Principles and Development Management Standards, 8.1.5 Energy Requirements, page 48.

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Crosses is currently under consideration as a tentative UNESCO World Heritage Site”.56

“Dunleer has strong potential to promote and enhance its tourism economy and provide new employment in that sector”.57

“The presence of the White River, if brought back into active use as a tourist attraction would be a significant asset to the town”.58

These statements are supported by Policy EDE 12 which states that the Council will “encourage the promotion of the tourism potential of the town and to improve existing tourism assets and attractions in the Dunleer area”.59

Policy EDE 13 also supports the development of Dunleer as a town which would be attractive to tourists, and the Council states that it will “improve the overall attractiveness of Dunleer in a sustainable manner for visitors and tourism, including the enhancement of the visual amenity of the town and its approaches and through the encouragement of new or extended facilities for tourists, including quality tourist accommodation, attractions and activities”.60

3.5.9 The White River as a Community Facility and Amenity

The Dunleer LAP envisages the White River as a key amenity for the town; and this is supported by the following objectives:

“It is an objective of the Plan to develop a Riverside amenity walkway following the path of the White River as it flows through the town from the location of the Waste Water Treatment Plant north of Dunleer to a point south of Scoil Ui Mhuiri (Secondary School) and in close proximity to the Dublin-Belfast railway line”.61

“Policies have been included within the Plan to provide for a riparian corridor along the length of the river to help realize the provision of a recreational walkway with an appropriate setback to allow for public access and uses along the river, in conjunction with habitat protection,

56 Dunleer Local Area Plan 2017-2023, Chapter 5 Economic Development and Employment, 5.5 Tourism, page 33. 57 DLAP 2017-2023, Chapter 5 Economic Development and Employment, 5.5 Tourism, page 33. 58 DLAP 2017-2023, Chapter 5 Economic Development and Employment, 5.5 Tourism, page 33. 59 DLAP 2017-2023, Chapter 5 Economic Development and Employment, 5.5 Tourism, page 34. 60 DLAP 2017-2023, Chapter 5 Economic Development and Employment, 5.5 Tourism, page 34. 61 DLAP 2017-2023, Chapter 6 Community Facilities and Amenities, 6.3.2 Linear Amenity Walkway, page 37.

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visual and amenity qualities, maintenance access requirements and flood alleviation”.62

It is our submission, as stated earlier in this appeal, that the White River should serve as both an ecological corridor and an amenity for its entire length through the town; and we would therefore be opposed to any piecemeal plan for the attainment of this objective. The proposal by the applicant to construct a pedestrian walk along a short stretch of the river bank, without consideration of the above wider objective, is therefore premature and in conflict with the above objectives in the LAP.

Having considered the Dunleer Local Area Plan in some detail, it is our conclusion that the proposed development should not be granted planning permission by the Board, on the grounds that it does not comply with a number of the Plan’s principal objectives and policies; and it would be premature, pending a town centre urban and infill strategy, definitive plans for residential developments closer to the town centre, a transportation plan for the town, a comprehensive plan for the White River as an ecological corridor and an amenity, and other plans and programmes which we have suggested and which are consistent with the LAP’s objectives and policies.

3.6 Compliance with European and Government Policies on Climate Change and Renewable Energy

The Board will be aware that in April 2018, 93% of the Members of the Citizens Assembly recommended that the number of bus lanes, cycling lanes and park and ride facilities should be greatly increased in the next five years, and much greater priority should be given to these modes over private car use, and that 92% of the Members recommended that the State should prioritise the expansion of public transport spending over new road infrastructure spending at a ratio of no less than 2-to-1 to facilitate the broader availability and uptake of public transport options.63

These and other recommendations, together with reports by the United Nations Intergovernmental Panel on Climate Change (IPCC) and the European Union, which identified Ireland as a “laggard” in addressing the world’s most serious and imminent problem, led to the establishment (on 03 July 2018) of the Joint Oireachtas Committee on Climate Action. The Committee was established to consider the third report and recommendations of the Citizens’ Assembly, and the Committee published its own report on 28 March 2019.

62 DLAP 2017-2023, Chapter 6 Community Facilities and Amenities, 6.3.2 Linear Amenity Walkway, page 37 63 Third Report and Recommendations of the Citizens’ Assembly “How the State can Make

Ireland A Leader in Tackling Climate Change”, 18 April 2018; recommendations, page 6.

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The Board will also be aware that Ireland has become the second country in the world to declare a climate emergency. The decision was made in the Dáil early in May this year after an amendment to a parliamentary climate action report was agreed by both the Government and the opposition parties. Climate Action Minister Richard Bruton subsequently stated that climate change has been "rightly" described as the greatest challenge facing humanity.64

These policy changes underline and emphasise what we have suggested earlier in this appeal – that any new development proposal must be “climate friendly”, i.e., based on using a high proportion of renewable energy, on not requiring an increase in private car transport or use, and based on facilitating the maximum extent of cycling and walking to nearby facilities including the town centre. We would also submit that any proposed new development should be “climate proofed” before a decision to grant planning permission can be made.

It is therefore our submission, and one of the grounds on which this appeal is based, that the proposed housing development does not comply with climate policy.

4. SUMMARY

1. The applicant’s bat survey report and otter report are incomplete, for the reasons stated in these reports, and noted in section 1.2 above; and therefore cannot be relied on.

2. Further archaeological investigation is necessary, and should be undertaken before any decision is made on the application.

3. Dunleer is at a point where planning policy and planning decisions made at the present time could have the effect of facilitating the town towards becoming a “Heritage Town” or towards becoming a commuter-belt car- dependent dormitory town for Dublin.

4. Previous local community-initiated development plans (sections 3.2.1 to 3.2.4) demonstrate clearly the extent to which the townspeople have collectively taken an active interest in the long-term future of Dunleer, to a degree which is perhaps unique among Irish towns, and this should be taken into account by the Board.

64 “Ireland declares climate emergency” -- Irish Independent, 10 May 2019 (https://www.independent.ie/irish-news/politics/ireland-declares-climate-emergency-things- will-deteriorate-rapidly-unless-we-move-very-swiftly-38098129.html).

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5. Locally initiated plans and Louth County Council’s Local Area Plan emphasise the “significant development pressure for housing, much of which originates in the Dublin market”.

6. As a consequence of this development pressure, some areas of land have been inappropriately zoned for residential and other developments.

7. A decision by An Bord Pleanála to grant planning permission for the proposed housing development would be premature while the railway station remains closed and there are no rail services connecting Dunleer with other towns and cities.

8. A brief examination of previous planning decisions reveals an inconsistency among the decisions, most probably indicating the lack of a more detailed and definitive plan for the future of Dunleer town centre and its immediate surroundings.

9. While the Local Area Plan is intended to fulfil this function, it suffers from a lack of definite provisions for public transport and for cycleways, for use of some important town centre areas which could be available for appropriate infill, and from a certain degree of inconsistency with regard to phasing, zoning, environmental protection, and the protection and safeguarding of the town’s archaeological and built heritage.

10. There is nothing in the County Development Plan or the associated policies to suggest any significant expansion of Dunleer, or a large increase in the population; on the contrary, the County Development Plan envisions a compact settlement, with no “excessive or disproportionate development”, and where sustainable and energy efficient modes of travel (especially walking, cycling and public transport) are encouraged and facilitated.

11. While accepting that Dunleer is significantly smaller than three other towns in County Louth which have benefited from the Smarter Travel Programme, we suggest that this would be an appropriate time to undertake the necessary study, design and implementation of a Smarter Travel Programme for Dunleer; and that a decision to grant permission for the proposed housing development would be premature until such a programme is in place.

12. The proposed housing development fails to comply with the County Council’s policies on transportation, for the reasons that: a) it will lead to further car dependency, including commuting by car, in the absence of any increase in suitable employment in Dunleer which would be available to owners of the proposed new homes;

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b) car-dependency and car-based commuting would be increased by the absence of frequent, reliable and fast public transport between Dunleer and other employment centres, especially Dublin, Drogheda and Dundalk; c) while we accept that the applicant proposes to include cycleways within the planned housing development, we point out that there are no safe cycleways linking the proposed development with Dunleer town centre, nor are any such cycleways proposed; and Louth County Council has not indicated that they would be provided as public infrastructure.

13. A decision to grant planning permission for the proposed housing development at a time when the railway station in Dunleer remains closed, and before the necessary public transport infrastructure and cycleways are available, would be premature.

14. The proposed housing development would, if permitted by the Board, conflict with the Council’s policy on sustainability, even though we would accept that the scale of the development is relatively small.

15. Given the absence of any details of the proposed “energy efficiency measures” in the proposed development, the Board should refuse permission.

16. We see no reason why a significant area of land, described as an “Opportune Urban Site” so close to the town centre and to the railway station, should not be developed for mixed use which would include a major residential component of approximately 1.0ha in area, before any consideration is given to proposed housing developments further away from the town centre.

17. The development of housing on the site which is the subject of this appeal should be considered as Phase 2 development, and therefore should not be permitted within the lifetime of the current LAP, and should not be permitted before a detailed town centre plan for Dunleer (with particular attention to appropriate uses and development of the “Opportune Urban Site”) will have been produced.

18. The Board should have particular regard to the protection of the natural heritage, especially given the current high degree of concern about loss of habitats, serious reduction in numbers of certain species of birds, insects and other fauna throughout Ireland.

19. The White River and its riparian zone is a natural wildlife corridor, and should be protected from development which would impact adversely on

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this important function; while, at the same time, the use of the White River as the central core of amenity walks on both banks from the town centre to the White River Mill would be a superb addition to the town’s amenities and tourist attraction, provided that these uses do not conflict with each other.

20. The White River Mill is listed in the Record of Protected Structures in Dunleer LAP, and therefore should be allowed to retain its woodland surroundings, as well as protection of the buildings themselves.

21. Having considered the Dunleer Local Area Plan in some detail, it is our conclusion that the proposed development should not be granted planning permission by the Board, on the grounds that it does not comply with a number of the Plan’s principal objectives and policies; and it would be premature, pending a town centre urban and infill strategy, definitive plans for residential developments closer to the town centre, a transportation plan for the town, a comprehensive plan for the White River as an ecological corridor and an amenity, and other plans and programmes which we have suggested and which are consistent with the LAP’s objectives and policies.

22. Any new development proposal must be “climate friendly”, i.e., based on using a high proportion of renewable energy, on not requiring an increase in private car transport or use, and based on facilitating the maximum extent of cycling and walking to nearby facilities including the town centre; and the proposed housing development would not meet these requirements.

23. Any proposed new development should be “climate proofed” before a decision to grant planning permission can be made.

24. It is therefore our submission, and one of the grounds on which this appeal is based, that the proposed housing development does not comply with climate policy.

Jack O’Sullivan

Environmental Management Services

On behalf of Mr Gerard Connor.

DGC-016 Appeal to An Bord Pleanála, final, 20-Aug-19.docx

Environmental Management Services Page 40 of 40 Environmental Management Services Comhairleoirí Comhshaoil Environmental and Planning Consultants An Tinteán Nua, Ballymanus, Castlepollard, County Westmeath An Tinteán Nua, Baile Mhánais, Baile na gCros, Co. an Iarmhí, N91 PP76. Telephone 044 966 2222 Mobile 086 381 9811 E-mail [email protected]

DECISION BY LOUTH COUNTY COUNCIL TO GRANT PLANNING PERMISSION TO BELLSCAPE LIMITED FOR A RESIDENTIAL DEVELOPMENT COMPRISING 26 HOUSES AND APARTMENTS, VEHICULAR ENTRANCE, AND ASSOCIATED SITE DEVELOPMENT WORKS AT MAIN STREET, DUNLEER, COUNTY LOUTH

Louth County Council Planning Reference No. 19 / 212

APPEAL BY MR GERARD CONNOR, WHITE RIVER MILL, DUNLEER, COUNTY LOUTH

APPENDIX I

Copy of Louth County Council’s letter of acknowledgement dated 23 April 2019 and receipt for the objection fee paid.

Copy of Louth County Council’s letter of acknowledgement dated 16 July 2019, confirming that Mr Gerard Connor has made observations on the Further Information submitted by the applicant.

20 August 2019

Louth CC, Planning Department - Viewing Purposes Only! Environmental Management Services Comhairleoirí Comhshaoil Environmental and Planning Consultants An Tinteán Nua, Ballymanus, Castlepollard, County Westmeath An Tinteán Nua, Baile Mhánais, Baile na gCros, Co. an Iarmhí, N91 PP76. Telephone 044 966 2222 Mobile 086 381 9811 E-mail [email protected]

DECISION BY LOUTH COUNTY COUNCIL TO GRANT PLANNING PERMISSION TO BELLSCAPE LIMITED FOR A RESIDENTIAL DEVELOPMENT COMPRISING 26 HOUSES AND APARTMENTS, VEHICULAR ENTRANCE, AND ASSOCIATED SITE DEVELOPMENT WORKS AT MAIN STREET, DUNLEER, COUNTY LOUTH

Louth County Council Planning Reference No. 19 / 212

APPEAL BY MR GERARD CONNOR, WHITE RIVER MILL, DUNLEER, COUNTY LOUTH

APPENDIX II

Satellite image, maps and drawings

20 August 2019 Appeal on behalf of Gerard Connor, Dunleer, County Louth

Figure 1: Satellite image of the southern portion and fringe of Dunleer, showing the appeal site on the Upper Main Street and the Drogheda Road, the railway line, the White River and the White River Mill.

Appendix II Page 1 of 8 Appeal on behalf of Gerard Connor, Dunleer, County Louth

Figure 2: Map from the UCD Urban Design Study, 1998, showing Dunleer as it existed at the time when the study was being carried out.

Appendix II Page 2 of 8 Appeal on behalf of Gerard Connor, Dunleer, County Louth

Figure 3: Map from the UCD Urban Design Study, 1998, showing proposed land uses, including public buildings, new town squares, green spaces and new trees. Unfortunately the original has faded with time, and therefore the scan is not as clear as we would like it to be.

Appendix II Page 3 of 8 Appeal on behalf of Gerard Connor, Dunleer, County Louth

Figure 4: Map from the UCD Urban Design Study, 1998, showing proposed “urban interventions”, marked as red dots.

Appendix II Page 4 of 8 Appeal on behalf of Gerard Connor, Dunleer, County Louth

Figure 5: Map from the Murray O’Laoire draft local area plan for Dunleer, May 2001, showing proposed land use strategy.

Appendix II Page 5 of 8 Appeal on behalf of Gerard Connor, Dunleer, County Louth

Figure 6: Map from the Murray O’Laoire draft local area plan for Dunleer, May 2001 – note that the proposed development site, the subject of this appeal, is designated as an open green space.

Appendix II Page 6 of 8 Appeal on behalf of Gerard Connor, Dunleer, County Louth

Figure 7: Map 2.1 from the current Dunleer Local Area Plan, showing proposed sequential circles within which new develpments would be permitted on a phased basis; the appeal site being within “circle 2”.

Appendix II Page 7 of 8 Appeal on behalf of Gerard Connor, Dunleer, County Louth

Figure 8: Map 5.3 from the current Dunleer Local Area Plan, 2017 – 2023, showing phases 1, 2 and 3; and annotated to show an area close to the centre of the town, the potential of which for appropriate residential development could be realised by the construction of a cycle and pedestrian bridge over the railway line adjacent to the railway station.

Appendix II Page 8 of 8 Environmental Management Services Comhairleoirí Comhshaoil Environmental and Planning Consultants An Tinteán Nua, Ballymanus, Castlepollard, County Westmeath An Tinteán Nua, Baile Mhánais, Baile na gCros, Co. an Iarmhí, N91 PP76. Telephone 044 966 2222 Mobile 086 381 9811 E-mail [email protected]

DECISION BY LOUTH COUNTY COUNCIL TO GRANT PLANNING PERMISSION TO BELLSCAPE LIMITED FOR A RESIDENTIAL DEVELOPMENT COMPRISING 26 HOUSES AND APARTMENTS, VEHICULAR ENTRANCE, AND ASSOCIATED SITE DEVELOPMENT WORKS AT MAIN STREET, DUNLEER, COUNTY LOUTH

Louth County Council Planning Reference No. 19 / 212

APPEAL BY MR GERARD CONNOR, WHITE RIVER MILL, DUNLEER, COUNTY LOUTH

APPENDIX III

Photographic Views of the Appeal Site

11 August 2019

20 August 2019 Appeal on behalf of Gerard Connor, Dunleer, County Louth

VIEW 1: Looking eastwards across the application site; the motte is visible on the left hand side of the view, partly obscured by shrubbery.

Appendix III Page 1 of 5 Appeal on behalf of Gerard Connor, Dunleer, County Louth

VIEW 2: Looking south-eastwards across part of the application site, towards the White River (just beyond the water trough) and the White River Mill, hidden beyond the trees on the right hand side of the view.

Appendix III Page 2 of 5 Appeal on behalf of Gerard Connor, Dunleer, County Louth

VIEW 3: Looking north-north-west from within the application site, close to the existing site entrance, towards Dunleer town and the Church spire, approximately 220 metres distant.

Appendix III Page 3 of 5 Appeal on behalf of Gerard Connor, Dunleer, County Louth

VIEW 4: The White River close to where it flows north-westwards from the White River Mill.

Appendix III Page 4 of 5 Appeal on behalf of Gerard Connor, Dunleer, County Louth

VIEW 5: White River Mill, a complex pf protected buildings and other structures, of architectural, heritage and historical significance, and a potential tourist attraction and a local amenity.

Appendix III Page 5 of 5