An Bord Pleanála

PLANNING AND DEVELOPMENT ACTS 2000 TO 2013

Kildare County

Planning Register Reference Number: 13/818

An Bord Pleanála Reference Number: PL 09.242891

APPEAL by The Trustees of Kildare and Wicklow Education and Training Board and Board of Management of Saint Patrick’s National School care of Patricia Calleary of Moy Valley Business Park, Bunree, Ballina, County Mayo against the decision made on the 11 th day of December, 2013 by Kildare County Council to refuse permission.

PROPOSED DEVELOPMENT: A new two-storey primary school building, comprising of 16 number classrooms, general purpose hall, servery, two class base special needs unit, sanitary and ancillary accommodation, a new three- storey 750 pupil post primary school building, comprising of 21 number specialist classrooms, 15 number general classrooms, P.E. Hall, general purpose hall, kitchenette and servery, offices, staff areas, two class base special needs unit, sanitary and ancillary accommodation as part of the new educational campus. Proposed site works to include the construction of new internal site vehicular access road which will provide vehicular and pedestrian access from Hazelhatch Road, with set down/drop-off areas provided for each school. A total of 106 car parking spaces including accessible parking provided over two number separate car parks. A combined pedestrian and cycle path is also to be provided. Site works to post primary school consist of five number ball courts, external storage yard, covered bicycle racks and hard standing areas. Site works to national school consist of two number ball courts, two number junior play, covered bicycle racks, hard standing areas and SNU play area. External play areas will not be floodlit. The overall site area will be landscaped with grass/planted areas and complete with new

PL 09.242891 An Bord Pleanála Page 1 of 4 boundary treatment, including security fencing and ancillary engineering site works. The ground level of the site is to be raised approximately 1.5 metres generally as a flood prevention measure. Further site works include road improvement works to the Hazelhatch Road including a right hand turning lane and pedestrian crossing, all at The Commons, Hazelhatch Road, , .

DECISION

REFUSE permission for the above proposed development based on the reasons and considerations set out below.

MATTERS CONSIDERED

In making its decision, the Board had regard to those matters to which, by virtue of the Planning and Development Acts and Regulations made thereunder, it was required to have regard. Such matters included any submissions and observations received by it in accordance with statutory provisions.

REASONS AND CONSIDERATIONS

1. The site of the proposed development is located within an area which has been identified as being prone to flooding and has been identified as a Flood Zone A in accordance with the “The Planning System and Flood Risk Management Guidelines for Planning Authorities” issued by the Department of the Environment, Heritage and Local Government in November, 2009. The lands are also identified as benefitting lands for the adjoining watercourses. It is the policy of the planning authority, as set out in Policy SW 2 of the Kildare County Development Plan, 2011- 2017, to seek to avoid inappropriate development in areas at risk of flooding, and only to permit development in an area designated Zone A in exceptional circumstances. Having regard to the nature, scale and extent of the proposed development, which has no functional association with the river it is considered that the proposed development would not come within the scope of the exceptional circumstances in which development might be permitted in a Flood Zone A under the “The Planning System and Flood Risk Management Guidelines”.

PL 09.242891 An Bord Pleanála Page 2 of 4 Notwithstanding the zoning of the site in the current Celbridge Local Area Plan and the flood mitigation measures proposed, the Board is not satisfied that the site is an appropriate location for the proposed development, or that the proposed development would not negatively impact on the flood regime of the surrounding area and seriously injure the amenities of property in the vicinity as a consequence. Furthermore, it is considered that flood water displaced as a result of the proposed alterations to existing ground levels and the reduction of flood plain attenuation and alterations to flood flow routes would be prejudicial to public health and safety and pose a risk of serious injury to the amenities of property in the vicinity of the site. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.

2. The mitigation measures proposed as part of the proposed development involve works outside the lands within the control of the applicant and would impact on watercourses which have been identified as key salmonid spawning tributaries of the River Liffey main channel. Both of the streams that would be affected by the proposed mitigation measures also support populations of Lamprey and Crayfish, both Annex II (Habitats Directive) protected species. In the absence of an appropriate assessment, the Board is not satisfied that the development, if permitted, would not adversely affect these protected species. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.

3. On the basis of the submissions made in connection with the application and appeal, the Board is not satisfied that the applicant has demonstrated that the proposal to provide a foul sewer rising main beneath a 1,100 metres section of the R405 to connect with the Celbridge foul water system would be acceptable in order to provide for a sustainable or secure means of connection to the public sewer. In the absence of a satisfactory investigation of alternative proposals for a connection route, it is considered that the proposed development would be prejudicial to public health and contrary to the proper planning and sustainable development of the area.

4. It is considered that

(a) there is significant potential for vehicle and pedestrian conflict arising at the existing GAA Club entrance and the proposed pedestrian/cyclists’ entrance, particularly during the morning drop-off and afternoon pick-up times, where vehicles will use this vehicular entrance as a drop-off/pick-up point rather than use the internal circulation route within the school.

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(b) the proposed development will contribute to, and further exacerbate traffic congestion at the R403/R405/Newtown Road/Elm Hill four arm junction over the River Liffey, a junction which is already operating beyond capacity.

The proposed development would, therefore, endanger public safety by reason of traffic hazard, would tend to create serious traffic congestion and would be contrary to the proper planning and sustainable development of the area.

5. It is considered that the available sightlines at the proposed vehicular access to the site onto a section of (R405) where the general speed limit applies are insufficient. To extend these sightlines would require traversing third party lands and the applicant has not demonstrated that the necessary consent for such works has been obtained. The proposed development would, therefore, endanger public safety by reason of traffic hazard and would be contrary to the proper planning and sustainable development of the area.

Member of An Bord Pleanála duly authorised to authenticate the seal of the Board.

Dated this day of 2014.

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