An Bord Pleanála

Inspector’s Report

PL06F.244002

DEVELOPMENT (As per Public Notices):

Permission for development at the and Guest Wing (a protected structure and scheduled monument) at Lambay Island, Rush, County Dublin. The development will consist of amendments to Conditions 8(g) and 8(j) of planning permission Ref. F13A/0253 that relate to works within the Guest Wing. This consists of removing Condition 8(g) to enable the conversion of Room GW.1.11 into a bathroom; and removing the requirement to convert Room GW.1.12 into a bathroom under Condition 8(j). The revised development proposes a bedroom within Room GW.1.10 connected to an en-suite bathroom within Room GW.1.11; and that Room GW.1.12 be used as a bedroom within the Guest Wing.

PLANNING APPLICATION

Planning Authority: Fingal County Council

Planning Authority Reg. No.: F14A/0307

Applicant: Lambay Estate Company

Application Type: Permission

Planning Authority Decision: GRANT PERMISSION subject to 4 Conditions

APPEAL

Appellants: Niall McManus and Beatrice Kelly

______PL06F.244002 An Bord Pleanála Page 1 of 25 Type of Appeal: THIRD PARTY

Observers: Patrick and Margaret Kelly

DATE OF SITE INSPECTION: 21st January, 2015.

INSPECTOR: Dermot Kelly

REPORT FORMAT

This report follows my examination of this appeal including reading the documents on file, and follows a Site Inspection on 21st January, 2015 which included the Photographs in Appendix B of this report. The Photographs on Lambay Island including a number of other Protected Structures in the vicinity of Lambay Castle, and the Photographs of the interior of the Castle and Guest Wing building, were taken with a Nikon D90 digital camera fitted with an 18 to 105mm zoom lens.

1. SITE LOCATION 2. SITE DESCRIPTION 3. PROPOSED DEVELOPMENT 4. NOTIFICATION OF DECISION OF PLANNING AUTHORITY Submissions and Relevant Reports 5. APPEAL GROUNDS 6. APPEAL RESPONSES 7. PLANNING HISTORY 8. DEVELOPMENT PLAN / GUIDELINES 9. PLANNING ASSESSMENT – Issues and Evaluation 10. CONCLUSIONS AND RECOMMENDATION

APPENDICES APPENDIX A - LOCATION MAP APPENDIX B - PHOTOGRAPHS (incl. KEY PLAN) APPENDIX C - DEVELOPMENT PLAN / GUIDELINES

______PL06F.244002 An Bord Pleanála Page 2 of 25 1. SITE LOCATION

The subject site is located at Lambay Castle (a Recorded Monument and Protected Structure) and the Guest Wing building (a Protected Structure) on the western side of Lambay Island (area 283 hectares) as indicated on APPENDIX A - LOCATION MAP. Lambay Island is approximately 4 kilometres off the east coast of Ireland and Malahide Harbour, County Dublin,

2. SITE DESCRIPTION

2.1 The Castle or (Recorded Monument DU009 – 00105 in the Record of Monument and Places) on Lambay Island, may at its core include a fortress structure constructed subsequent to a grant to build same in 1467 to John Tiptoft, Earl of Worcester and Lord Deputy.

2.2 There was a further grant for construction works in 1551 to John Challoner, Alderman and Mayor of Dublin, and Secretary of State in Ireland to Elizabeth I. ‘The fortified house or castle, as it stands now, includes 16th-17th century features in its four projecting angle towers’….., and also “The standing remains of the fortified house include a central two-storey tower with a single vaulted chamber on each floor” (Source: Lambay Island Archaeological Conservation Plan submitted as Further Information in regard to the previous planning application Ref. F13A/0253).

2.3 The historic structure was in poor repair when extensively remodelled and a new Guest Wing building added in 1908-1910 by the renowned architect Sir Edwin Lutyens (1869-1944) for his clients Cecil and Maude Baring who had purchased Lambay Island in 1904. Lutyens was also involved in works to these and other buildings on Lambay Island until the 1930s.

2.4 The Castle and Guest Wing building was also enclosed within a new perimeter circular wall approximately 700 feet in diameter – and set within a designed garden landscape by Lutyens in collaboration with Gertrude Jekyll.

2.5 Guest bedrooms were located within the new Guest Wing building which includes steeply pitched roofs with low overhanging eaves with dormer windows and tall chimney stacks and a circular stone staircase. New insertions in the main Castle building included stone mullioned windows and stone fireplaces.

______PL06F.244002 An Bord Pleanála Page 3 of 25 2.6 Much of the decoration and finishes and furniture of the Lutyens remodelling which included Arts and Crafts detailing of an Edwardian Country House, remains intact including the original sanitary fittings in the few bathrooms in the Castle and Guest Wing building.

2.7 The two-storey Guest Wing building is in characteristic Arts and Crafts style and is set into the hillside to the north-east of the Castle. The present proposed development relates only to rooms within the Guest Wing building specifically Room GW.1.10, Room GW.1.11 and Room GW.1.12 – which three rooms are located on the Upper Level.

2.8 The attached Photographs in APPENDIX B – PHOTOGRAPHS (including Key Plan which indicates the approximate Photograph locations) illustrate the nature of the subject site and its island context – and also some interiors of the Castle and Guest Wing buildings.

3. PROPOSED DEVELOPMENT

Planning Application

• The proposed development comprises Permission for development at the Castle and Guest Wing (a Protected Structure and Recorded Monument) at Lambay Island, Rush, County Dublin as specified in the public notices.

• The total gross floor area of the proposed development within the Guest Wing building – which development relates only to Room GW.1.10, Room GW.1.11 and Room GW.1.12 on the Upper Level – is stated as 60 square metres.

• The submitted Architectural Assessment and Photographic Survey relates to as stated ‘the specific modifications from previously approved works as granted under planning ref. F13A/0253 and to examine that specific intervention in detail and to report on the specific impacts, architectural features and local architectural qualities of the subject building’.

• Section 4.0 ‘Outline Impact Analysis’ specifies the proposed interventions and mitigations in the works affecting Rooms G.W.1.10 and 11, and states that Room G.W.1.12 – which under the previous permission was to be used as a bathroom – was considered of cultural interest as used as a photographic darkroom

______PL06F.244002 An Bord Pleanála Page 4 of 25 by Rupert Baring, and that the Belfast sink therein could be retained under the present proposed development.

• Photographs of Room GW.1.10, Room GW.1.11 and Room GW.1.12 were submitted as also a Photograph of the existing bathroom in Room C.1.8 in the Castle, and 3D images of the proposed works to install a bathroom in Room GW.1.11.

• The submitted Planning Consultant’s Report included documenting the previous permission (Ref. F13A/0263) for development on Lambay Island which was subject to 15 conditions including Conditions 8(g) and 8(j) – which are the subject of this present planning application and which are requested should be omitted.

• This Report included stating that ‘a key part of the long term sustainable strategy for Lambay was the need to attract high-end visitors to the Castle. This requires a significant improvement on the existing single bathroom within the Guest Wing (excluding the staff quarters). The Planning Authority’s June decision facilitated two new bathrooms within this wing within rooms nos. GW.1.08 and GW.1.12. However, it relocated the second bathroom from GW.1.11 to GW.1.12’.

• It was submitted that a bathroom in Room GW.1.11 instead of in Room GW.1.12, would provide ‘an en-suite link’ with the ‘master suite in Room G.W.10’ which was considered would be necessary to attract ‘high-end visitors’ as stated.

• It was also submitted that the proposed development was based on best conservation practice. Mitigation measures and 3D images of the proposed development were also submitted.

• The attached Travel Agency Director’s letter outlining the desirability of the proposed development from a marketing viewpoint is noted.

4. NOTIFICATION OF DECISION OF PLANNING AUTHORITY - Submissions and Relevant Reports

4.1 Notification of Decision of Planning Authority

• The Planning Authority, Fingal County Council, issued a notification of decision to GRANT PERMISSION for the proposed development subject to four (4) Conditions as follows: ______PL06F.244002 An Bord Pleanála Page 5 of 25 • Condition No. 1 relating to the submitted plans and particulars.

• Condition No. 2 relating to compliance with the previous permission (Ref. F13A/0253).

• Condition No. 4 relating to submission of a Conservation Plan as specified; and Condition No. 3 as follows:

3. Room GW.1.10 shall be used as a bedroom connected to an en-suite bathroom within Room GW.1.11 and Room GW.1.12 shall be used as a bedroom within the Guest Wing. Reason: In the interest of clarity.

4.2 Submission of Third Party Appellants on Planning Application

• The Submission received 19th August, 2014 is noted and included stating that “a Conservation Plan, based on The Burra Charter (The Australia ICOMOS Charter for Places of Cultural Significance) must be a condition should permission for this development be granted by Fingal County Council”.

• It was submitted that the Guest Wing building was of ‘no less architectural value than the older Castle’ as both are within the Protected Structure designation.

• It was submitted that the proposed ‘change’ would be ‘only the first of a series of alterations that will be required to serve the needs for high-end clientele’ with subsequent ‘detrimental impact on the fabric and architectural integrity of the building in the long term’.

4.3 Submissions (2) of Observers on Planning Application

• The Submissions (2) received 20th August, 2014 are noted and included detailed observations in regard to the existing room configurations and furnishings, and the proposed alterations to the rooms the subject of the present proposed development.

• It was submitted that the proposed ‘en-suite connection between rooms GW.1.10 and GW.1.11’ should not be permitted.

• It was submitted that the proposed development was at variance with the Further Information Request under the previous planning application (Ref. F13A/0253) regarding ‘en-suite bathrooms’.

______PL06F.244002 An Bord Pleanála Page 6 of 25 • ‘This decision and the whole approach taken by the Council recognised that Lambay Castle is one of the finest private houses built to the design of the renowned English architect Edwin Lutyens, and the one that has undoubtedly been least changed from its original condition’.

4.4 County Architect’s Report

• This report, dated 15th September 2014, included documenting the significance of the work of the renowned architect Sir. Edwin Lutyens on Lambay Island.

• This Report included stating that ‘a high standard must be set for the detail of information required outlining the exact nature and impact of each intervention (including the upgrading of the services), a robust justification given for why these works are necessary, and a comprehensive evaluation of the effect on the historic fabric, the collections and the overall aesthetic’.

• It was also stated that the Planning Authority ‘does not make any distinction on the significance of the Castle and the Guest Wing – both are subject to equal protection and are part of the same building’.

• The nature of the proposed works in Rooms GW.1.10 and GW.1.11 were noted and it was considered that the case can be made for same on the basis of ‘the additional information now available as to its low impact on the fabric and its potential reversibility’.

• It was considered that any further planning applications in the absence of a comprehensive Conservation Plan, should be avoided as stated.

4.5 Planning Report for Planning Authority

• The Planning Report, dated 24th September 2014, included noting the nature of the proposed development and the ‘HA’ zoning objective for Lambay Island under the 2011-2017 Fingal County Development Plan; and also the European Natura 2000 Site designations for Lambay Island, and the Protected Structure RPS No. 775 and Recorded Monument RMP Ref. DU009-00105 designations for Lambay Castle.

______PL06F.244002 An Bord Pleanála Page 7 of 25 • The Planning History was noted including the previous permission (Ref. F13A/0253) as also the Third Party Submissions (3) received. The County Architect’s Report on the present planning application was documented in detail.

• It was considered that the proposed development was generally acceptable and could be undertaken ‘without undue impact on the architectural heritage of the Castle and the Guest Wing’.

• Permission was recommended subject to the Conditions as stated in the notification of decision of the Planning Authority.

5. APPEAL GROUNDS

Third Party Appeal

The main grounds of the Third Party Appeal are as follows:

• The significance of Lambay Castle and the Guest Wing building was documented. It was submitted that regarding Condition No. 4 of the notification of decision of the Planning Authority that a methodology in accordance with the Burra Charter should be specified for the Conservation Plan required to be prepared.

• It was noted that the Planning Consultant for the Applicant had submitted that ‘the sixteenth century part of the castle is of greater heritage value than the guest wing’.

• Submissions of the Conservation Architect and Planning Consultant for the Applicant differed as stated regarding ‘the retention of the 1950 darkroom facilities in GW.1.12’ and ‘the opening of a door between bedrooms GW.1.10 and GW.1.11’.

• It was submitted that the required Conservation Plan should be prepared prior to completion of the proposed en-suite bathroom under the present planning application – which Conservation Plan should include ‘a definition of a hierarchy of ‘architectural values’ for the buildings’.

• It was submitted that the proposed en-suite bathroom was not a ‘financial clincher’ for the ‘viable and sustainable future of Lambay’ and would be ‘only the first of a series of alterations that will be required to serve the needs for high-end clientele’.

______PL06F.244002 An Bord Pleanála Page 8 of 25 • Under the Further Information Request in August, 2013 in regard to the previous planning application (Ref. F13A/0253) ‘the Council states that en-suite bathrooms were altogether inappropriate in this Edwardian Arts and Crafts House (Proposed Interventions to the Guest Wing (v))’.

6. APPEAL RESPONSES

6.1 Appeal Observation of Patrick and Margaret Kelly

• This Appeal Observation received 10th November, 2014 included documenting the significance of Lambay Castle ‘and the more than thirty years building work and accompanying landscaping undertaken by Lutyens at Lambay’ as per the attached letter of the architectural historian Professor Gavin Stamp.

• ‘The case for permitting the en-suite bathroom in GW.1.11 rather than creating a non en-suite in GW.1.12 (as provided for in the Council F13A/0253 Planning Permission), has not been properly substantiated by Lambay Estate and their advisers’.

• It was submitted that a Conservation Plan should be prepared ‘before any changes are permitted to the comprehensive Plan approved by Fingal County Council in April, 2014 in F13A/0253’ and that access on ‘an on-going basis’ as provided under Condition No. 13 (Condition No. 7) under this previous permission, should be provided to the Fingal County Council Conservation Officer.

• It was submitted that the Planning Authority was ‘unduly influenced’ by the Applicant’s submission for ‘favourable consideration of the en-suite bathroom facility, as a result of their having agreed to restrict themselves in letting the Castle for high-end tourism to a maximum seventy days a year’.

• Stated detailed concerns included ‘the loss, through the conversion of GW.1.11 to a bathroom, of one of only three rooms in the Guest Wing capable of accommodating two beds for guests; the inappropriateness of installing a glass shower cubicle in GW.1.11’; and also ‘the failure to indicate what is to be done with the original furniture in GW.1.11; and the dangers from the unprotected sunken step-well in GW.1.11’.

______PL06F.244002 An Bord Pleanála Page 9 of 25 6.2 Planning Authority Appeal Response

This Appeal Response received 12th November, 2014 stated as follows:

‘On the basis of the advice received in relation to this matter and taking into account the requirements of Condition No. 4 of the decision to grant permission, the Planning Authority is satisfied that the proposed development would not result in a materially adverse impact on the fabric of the guest wing or on the integrity of the Lambay Estate’.

6.3 Applicant’s Appeal Response

• This Appeal Response received 17th November, 2014 included questioning the validity of the appeal as stated, and that ‘Conditions No. 8(g) and 8(j) of the parent permission would have a material impact on the potential revenue that can be generated by the letting out of the Castle’.

• It was stated that the requirement for the preparation of a Conservation Plan under Condition No. 4 as specified was ‘wholly welcomed by the Applicant’.

• ‘The proposed development that is the subject of this appeal is located within Rooms GW.1.10, GW.1.11 and GW.1.12 of the Upper Level of the Guest Wing of the Castle. The Upper Level of the Guest Wing is currently laid out in its original form that includes eight bedrooms and one bathroom, as well as a self-contained flat at the upper end of the wing’.

• It was submitted that the previous permission (Ref. F13A/0253) ‘has reconfigured this arrangement to provide six bedrooms and three bathrooms. The current application retains this ratio of bathrooms albeit in a slightly different arrangement….’

• It was submitted that omission of the proposed ‘en-suite link with one of the master suites in room no. GW.1.10’ would be ‘unattractive to visitors’ as stated. It was considered that the submitted mitigation measures and 3D Images indicated the appropriateness of the proposed revisions to the rooms the subject of the present planning application.

______PL06F.244002 An Bord Pleanála Page 10 of 25 • It was noted that Condition No. 3 in the notification of decision of the Planning Authority stated as follows: ‘Room GW.1.10 shall be used as a bedroom connected to an en-suite bathroom within Room GW.1.11 and Room GW.1.12 shall be used as a bedroom within the Guest Wing’.

• It was submitted that ‘there is a differential between the Castle and Guest Wing in conservation terms given that the Castle is both a Scheduled Monument as well as being a Protected Structure. The Guest Wing is only covered by the Protected Structure listing’.

• The Conservation Architects for the Applicant identified the desirability of ‘retention of the 1950’s dark room facility’ in Room GW.1.12 as stated: ‘Room GW.1.12 was used by Rupert Baring as a darkroom. He was an accomplished amateur photographer and many of his photographs are evident within the Castle. The Belfast sink installed for that purpose remains within room GW.1.12, and any requirement to create a bathroom within this room would require this sink to be removed’.

• While noting the proposed ‘new ope between room GW.1.10 and GW.1.11 will have some impact’, it was submitted that the omission of the proposed ‘en-suite’ would have ‘implications on the viability of the tourism offer of the Castle’, and that there are ‘no plans for undertaking further material changes to the layout and use of the rooms of the Castle and Guest Wing’.

• It was submitted that Room GW.1.11 and Room GW.1.12 ‘are similar in architectural conservation terms. In relation to the architectural hierarchy of the building they are grouped with the simpler service bedrooms which follow and GW.1.11 is not of any greater architectural importance than GW1.12’.

• Mitigation measures relating to ‘the en-suite connection between GW.1.10 and GW.1.11’ included as follows: ‘The proposed short flight of three connecting steps has been narrowed from 1m to 0.78m so that it is set back from the end (window) wall thus avoiding any disturbance to the skirting and finishes on that wall. This materially reduces the impact of the proposal. We refer the Board to the fact that the area under the steps is a void space with no architectural content. These works are reversible. A towelling curtain is to be used on the wall behind the proposed bath location in GW.1.11 and will extend along the wall to visually ______PL06F.244002 An Bord Pleanála Page 11 of 25 shield the proposed connection. This references the existing aesthetic within the buildings as seen in bathrooms GW.1.4 and GW.1.15 within the Guest Wing and C.1.8 within the Castle. It is proposed that the shelf and moulding details of the proposed timber shelf above the towelling curtain will be subtly differentiated from existing models within the buildings so that a difference is retained but not emphasised. This design feature acts as a backdrop and absorbs moisture as well as allowing for pipework servicing the bath to be shielded from view’.

• It was submitted that ‘these mitigation measures enable the retention of the architectural integrity of the room’ as evident in the submitted 3D Images of Room GW.1.11, and also that ‘the connection between the rooms is disguised on the bedroom (GW.1.10) side by the use of a flush (jib) door without architrave and retaining the skirting to de-emphasise the door from the bedroom side’.

7. PLANNING HISTORY

The following Planning History file is attached: PL06F.243352 (Reg. Ref. F13A/0253):- A First Party Appeal relating to Conditions was withdrawn. The Planning Authority granted permission for a proposed development described as including as follows:

‘Permission for works to Protected Structure and within the curtilage of Protected Structure, Lambay Island, Rush, Co. Dublin. Lambay Island or parts thereof form part of, or are adjacent to, a Natura 2000 site, a Special Area of Conservation , a Special Protection Area , a proposed Marine Special Area of Conservation and a proposed Natural Heritage Area. The development will consist of:….’ as specified including: ‘1. Alterations to the Castle, a National Monument, and to the linked Guest Wing including installation of upgraded central heating, plumbing and electrical systems; in the Castle, conversion of a sluice room to a shower room, construction of a toilet extension, modifications to fixtures and fittings in two bedrooms and in a toilet; in the Guest Wing, conversion of three bedrooms to bathrooms, works to fixtures and fittings in the kitchen, scullery, bedrooms and utility rooms….’

• The permission (Ref. F13A/0253) was subject to 15 Conditions including Condition No. 3 in regard to the letting of the Castle; and also Condition Nos. 8(a) to (m) including as follows:

______PL06F.244002 An Bord Pleanála Page 12 of 25 8. The following requirements of the Conservation Officer shall be strictly adhered to.… (c) The upgrading of services shall be carried out under the professional oversight of a conservation accredited architect…. (g) The applicant proposes to convert Room GW.1.11 into a bathroom. This intervention is unacceptable and shall be omitted. (j) Room GW.1.12 (GW.1.12 on the additional information drawing No. PL-101-A) shall be converted to a bathroom. Reason: In the interest of the protection of the architectural heritage.

8. DEVELOPMENT PLAN / GUIDELINES

8.1 The provisions of the 2011-2017 Fingal County Development Plan have been considered, and in particular the following provisions which are attached in Appendix C – Development Plan:-

• The ‘Objective HA’ High Amenity land use zoning objective for the subject site and Lambay Island.

• The Planning Report for the Planning Authority documented relevant provisions in the Development Plan including the Protected Structure designations on Lambay Island as follows:

RPS Nos: 775 Lambay Castle House comprising Castle, Out- Offices, Memorial, Walled Garden, Rampart Walls & Gates 776 Harbour and Small stone harbour and Boathouse boathouse 777 Coastguard Cottages Six Coastguard Cottages and Enclosed Courtyard 778 The White House Large detached house to south of Coastguard cottages complex 779 Real Tennis Court Early 20th century enclosed tennis court 780 OS marker & Cairn Mound and Ordnance Survey Triangulation Station marker on top of cairn

______PL06F.244002 An Bord Pleanála Page 13 of 25 781 Promontory Fort Headland protected by triple rampart, known as Garden Fort

782 Chapel & Enclosure Small chapel enclosed by hedge and wooden gate, located to the south of the White House 783 possible Earthwork

8.2 The ‘Architectural Heritage Protection – Guidelines for Planning Authorities’ published by the Department of Arts, Heritage and the Gaeltacht in October, 2011 have also been noted including the following provisions: • Section 7.3.1 – ‘Keeping a Building in Use’.

9. PLANNING ASSESSMENT – Issues and Evaluation

Having regard to the above and having inspected the site and having reviewed all documents on file, the following is my assessment of this case where the major planning issues for consideration are as follows: 9.1 Principle of Proposed Development 9.2 Development Plan Provisions/Guidelines

9.1 Principle of Proposed Development • I note the proposed development comprises Permission for development at the Castle and Guest Wing (a Protected Structure and Recorded Monument) at Lambay Island, Rush, County Dublin as specified in the public notices as follows (Italics added):-

• The development will consist of amendments to Conditions 8(g) and 8(j) of planning permission Ref. F13A/0253 that relate to works within the Guest Wing. This consists of removing Condition 8(g) to enable the conversion of Room GW.1.11 into a bathroom; and removing the requirement to convert Room GW.1.12 into a bathroom under Condition 8(j). The revised development proposes a bedroom within Room GW.1.10 connected to an en-suite bathroom within Room GW.1.11; and that Room GW.1.12 be used as a bedroom within the Guest Wing.

• The Castle or fortified house (Recorded Monument DU009 – 001005 in the Record of Monument and Places) on Lambay Island, may at its core include a fortress structure constructed subsequent ______PL06F.244002 An Bord Pleanála Page 14 of 25 to a grant to build same in 1467 to John Tiptoft, Earl of Worcester and Lord Deputy.

• The historic structure was in poor repair when extensively remodelled and a new Guest Wing building added in 1908-1910 by the renowned architect Sir Edwin Lutyens (1869-1944) for his clients Cecil and Maude Baring who had purchased Lambay Island in 1904. Lutyens was also involved in works to these and other buildings on Lambay Island until the 1930s.

• Guest bedrooms were located within the new Guest Wing building which includes steeply pitched roofs with low overhanging eaves with dormer windows and tall chimney stacks and a circular stone staircase. New insertions in the main Castle building included stone mullioned windows and stone fireplaces.

• Much of the decoration and finishes and furniture of the Lutyens remodelling which included Arts and Crafts detailing of an Edwardian Country House, remains intact including the original sanitary fittings in the few bathrooms in the Castle/Guest Wing.

• The two-storey Guest Wing building is in characteristic Arts and Crafts style and is set into the hillside to the north-east of the Castle. The present proposed development relates only to rooms within the Guest Wing building specifically Room GW.1.10, Room GW.1.11 and Room GW.1.12 – which three rooms are located on the Upper Level, see Photographs 29-40 in Appendix B.

• I note the submitted Architectural Assessment and Photographic Survey relates to as stated ‘the specific modification from previously approved works as granted under planning Ref. F13A/0253 and to examine that specific intervention in detail and to report on the specific impacts, architectural features and local architectural qualities of the subject building’.

• I note Section 4.0 ‘Outline Impact Analysis’ specifies the proposed interventions and mitigations in the works affecting Rooms G.W.1.10 and 11, and states that Room G.W.1.12 – which under the previous permission was to be used as a bathroom – was considered of cultural interest as used as a photographic darkroom by Rupert Baring, and that the Belfast sink therein could be retained under the present proposed development.

______PL06F.244002 An Bord Pleanála Page 15 of 25 • The submitted Planning Consultant’s Report included documenting the previous permission (Ref. F13A/0263) for development on Lambay Island which was subject to 15 conditions including Conditions 8(g) and 8(j) – which are the subject of this present planning application and which are requested should be omitted.

• I note the First Party submissions that there was a requirement as stated for additional bathrooms to the single bathroom which served guests in the Guest Wing, and that the previous permission (Ref. F13A/0253) provided for two new bathrooms in Room GW.1.08 and Room GW.1.12.

• I note the First Party submission that a bathroom in Room GW.1.11 instead of in Room GW.1.12, would provide ‘an en-suite link’ with the ‘master suite in Room G.W.10’ – which ‘en-suite link’ was considered would be necessary to attract ‘high-end visitors’.

• I note Condition No. 4 – relating to submission of a Conservation Plan as specified – in the notification of decision of the Planning Authority to grant permission for the present proposed development; and I note also Condition No. 3 as follows: 3. Room GW.1.10 shall be used as a bedroom connected to an en-suite bathroom within Room GW.1.11 and Room GW.1.12 shall be used as a bedroom within the Guest Wing. Reason: In the interest of clarity.

• At this stage I note that Conditions Nos. 8(g) and 8(j) of the previous permission (Ref. F13A/0253) state as follows: (g) The applicant proposes to convert Room GW.1.11 into a bathroom. This intervention is unacceptable and shall be omitted. (j) Room GW.1.12 (GW.1.12 on the additional information drawing No. PL-101-A) shall be converted to a bathroom.

• I note therefore that it is evident that the Planning Authority now accepts that Condition No. 3 of the notification of decision to grant permission for the present proposed development, may be substituted for Conditions Nos. 8(g) and 8(j) of the previous permission (Ref. F13A/0253).

• I note in this regard that as stated in Condition No. 2 of the present notification of decision, that all of the Conditions of the previous permission (Ref. F13A/0253) continue to apply – which I note

______PL06F.244002 An Bord Pleanála Page 16 of 25 accordingly includes Condition No. 8(c) thereof which states as follows and is relevant to the present proposed development: 8. The following requirements of the Conservation Officer shall be strictly adhered to.… (c) The upgrading of services shall be carried out under the professional oversight of a conservation accredited architect…. Reason: In the interest of the protection of the architectural heritage. (Italics added)

• I note the detailed consideration of the present planning application in the County Architect’s Report for the Planning Authority dated 15th September, 2014 which included documenting the significance of the work of the renowned architect Sir. Edwin Lutyens on Lambay Island, and that justification of the proposed works was necessary and also ‘a comprehensive evaluation of the effect on the historic fabric, the collections and the overall aesthetic’.

• I note the Conservation Officer’s Report conclusion that the proposed development in Room GW.1.10 and Room GW.1.11 was considered acceptable on the basis as submitted of ‘its low impact on the fabric and its potential reversibility’.

• I note the Planning Report for the Planning Authority which included noting the Protected Structure (RPS No. 775) and Recorded Monument (RMP Ref. DU009-00105) designations for Lambay Castle.

• I note that this Report having documented the submissions on file, considered that the proposed development was generally acceptable and could be undertaken ‘without undue impact on the architectural heritage of the Castle and the Guest Wing’, and that permission was recommended subject to the Conditions (4) as stated in the notification of decision of the Planning Authority.

• I note the Third Party Appellants’ and the Observers’ Submissions on the Planning Application which are generally reiterated in the subsequent Third Party Appeal and Appeal Observation.

• I note the submitted Third Party Appeal Grounds including in particular where stated that the proposed en-suite bathroom was not a ‘financial clincher’ for the ‘viable and sustainable future of Lambay’ and would be ‘only the first of a series of alterations that will be required to serve the needs for high-end clientele’.

______PL06F.244002 An Bord Pleanála Page 17 of 25 • In this regard I note the requirement for the preparation of a Conservation Plan under Condition No. 4 of the notification of decision of the Planning Authority including where stated therein: ‘No further planning applications shall be submitted to the Planning Authority in respect of any alterations to the complex pending full agreement with the Planning Authority on all aspects of the Conservation Plan’.

• I note that the said Condition No. 4 in the notification of decision of the Planning Authority – requiring a Conservation Plan (which by definition must be based on the ICOMOS Burra Charter) to be prepared as specified – as stated in the Applicant’s Appeal Response ‘is wholly welcomed by the Applicant’.

• I note the reference in the Appeal Grounds to the Further Information Request in August 2013 relating to previous planning application (Ref. F13A/0253) that ‘the Council states that en-suite bathrooms were altogether inappropriate in this Edwardian Arts and Crafts House (Proposed Interventions to the Guest Wing (v))’.

• However in my opinion – and I concur with the Planning Authority on this matter – the proposed en-suite bathroom in Room GW.1.11 to serve Room GW.1.10 is acceptable in its impact in that its design is appropriate and the intervention is also reversible, as submitted in detail in the subsequent Applicant’s Appeal Response.

• I would not concur with the Appeal Observation which stated that ‘the case for permitting the en-suite bathroom in GW.1.11 rather than creating a non en-suite in GW.1.12 (as provided for in the Council F13A/0253 Planning Permission), has not been properly substantiated by Lambay Estate and their advisers’.

• I would however concur with the Appeal Observation that a Condition should be included in any decision to grant permission for the proposed development, to provide for access for the Conservation Officer of the Planning Authority to the Guest Wing noting the access as provided for under Condition No. 7 of the earlier permission (Ref. F13A/0253) for the Council’s Biodiversity Officer or Heritage Officer. Such a Condition would in my opinion further ensure protection of the architectural heritage in the Guest Wing at the Castle on Lambay Island which is the subject of the present proposed development.

______PL06F.244002 An Bord Pleanála Page 18 of 25 9.2 Development Plan Provisions/Guidelines • With reference to the Development Plan Provisions relating to the subject site, I note that the entry on the Record of Protected Structures under RPS No. 775 – which is one of a large number of Protected Structures on Lambay Island – is as follows: 775 Lambay Castle House comprising Castle, Out- Offices, Memorial, Walled Garden, Rampart Walls & Gates

• In this regard I note the Protected Structure at Lambay Castle includes as such the Guest Wing building. However the Castle including probable remnants of the fifteenth-century fortified house in its ‘central two-storey tower with a single vaulted chamber on each floor’, and ’16th – 17th century features in its four projecting angle towers’ as set out under Section 4.2 – Site Description in this report, is both a Protected Structure and a Recorded Monument.

• I note the ‘High Amenity (HA)’ land use zoning objective under the 2011 – 2017 Fingal County Development Plan for Lambay Island including the subject site, states as follows: “Protect and enhance high amenity areas” and also “Protect these highly sensitive and scenic locations from inappropriate development and reinforce their character, distinctiveness and sense of place. In recognition of the amenity potential of these areas opportunities to increase public access will be explored.”

• The First Party submissions on file that the proposed development, in providing ‘appropriate levels of privacy within at least one of the master bedrooms’ would by means of revenue raised from a number of ‘high-end visitors’ to Lambay Island, facilitate the necessary upkeep and maintenance of the Protected Structure and Recorded Monument is noted, in the context of the above ‘High Amenity (HA)’ Zoning Objective where stated that ‘In recognition of the amenity potential of these areas opportunities to increase public access will be explored’.

• In this regard I note the previous grant of permission (Ref. F13A/0253) for a proposed development as specified in the public notices in regard to the Castle and Guest Wing as follows: ‘1. Alterations to the Castle, a National Monument, and to the linked Guest Wing including installation of upgraded central heating, plumbing and electrical systems; in the Castle, conversion of a sluice room to a shower room, construction of a toilet extension, modifications to fixtures and fittings in two bedrooms and in a toilet;

______PL06F.244002 An Bord Pleanála Page 19 of 25 in the Guest Wing, conversion of three bedrooms to bathrooms, works to fixtures and fittings in the kitchen, scullery, bedrooms and utility rooms….’

• I note also in regard to ‘increase public access’ that Condition No. 3 of this permission (Ref. F13A/0253) stated as follows: ‘3. The letting of the Castle shall be limited. A calendar for this use of the Castle indicating no more than 70 nights, unless otherwise agreed with the Planning Authority, shall be submitted for the written approval of the Planning Authority following a grant of permission and maintained hereafter annually. Reason: In the interest of clarity’.

• The submitted detailed drawings have been considered including that same indicate that the present proposed development comprises only as specified in the public notices: ‘The revised development proposes a bedroom within Room GW.1.10 connected to an en-suite bathroom within Room GW.1.11; and that Room GW.1.12 be used as a bedroom within the Guest Wing’.

• Further to an examination of the submitted drawings I concur with the County Architect’s Report for the Planning Authority that: ‘This application submits information related to the walls and floors of GW.1.11 and GW.1.10 which suggests that the impact on the fabric can be minimised and could be carried out in such a way as to be reversible. While it is still considered undesirable to alter any aspect of the plan layout of the guest wing by the introduction of an ensuite layout (the issue of letability is irrelevant to the adjudication of this application) the case can be made for its insertion due to the additional information now available as to its low impact on the fabric and its potential reversibility’. (Italics added)

• Noting the detailed mitigating measures as specified in the Applicant’s Appeal Response, in regard to the proposed en-suite connection between Room GW.1.10 and Room GW.1.11 and the proposed en-suite bathroom within Room GW.1.11, on balance I consider that the proposed development is acceptable from a conservation viewpoint and in this regard I note where stated: ‘A towelling curtain is to be used on the wall behind the proposed bath location in GW.1.11 and will extend along the wall to visually shield the proposed connection. This references the existing aesthetic within the buildings as seen in bathrooms GW.1.4 and GW.1.15 within the Guest Wing and C.1.8 within the Castle’.

______PL06F.244002 An Bord Pleanála Page 20 of 25 • In this regard I refer to the Photographs in Appendix B of this report which were taken at site inspection at the Castle/Guest Wing buildings on 21st January, 2015, see also the Key Plan in Appendix B indicating the locations of the Photographs.

• I refer to Photograph 24 of Room GW.1.4 which is an Existing Bathroom in the Upper Level of the Guest Wing, and also Photograph 28 of Room GW.1.15 which is an Existing Bathroom in the Staff Quarters area of the Upper Level.

• I refer to Photograph 26 of Room C.1.8 presently in use as a Bedroom and the location of a Proposed Bathroom as approved under the previous permission (Ref. F13A/0253).

• I refer to Photographs 18 and 19 taken from outside the Guest Wing which include the large mullioned window in Room GW.1.10, and also Photograph 20 which includes the two adjoining similar- type windows in Rooms GW.1.11 and GW.1.12.

• I refer to Photograph 38 of Room GW.1.12 which is presently in use as a Bedroom and the location of the second Proposed Bathroom as approved under the previous permission (Ref. F13A/0253). Photographs 39 and 40 of Room GW.1.12 include the Belfast sink as referred to in the submissions on file.

• I refer to Photographs 29, 30 and 31 of Room GW.1.10 which include the location of the proposed ‘en-suite link’ into Room GW.1.11 as indicated in the submitted detailed 3D Images on file.

• I refer to Photographs 33, 34, 35 and 36 of Room GW.1.11 which is presently in use as a bedroom and which is the location of the now Proposed Bathroom including an en-suite link from Room GW.1.10 as indicated in the submitted detailed 3D Images on file.

• Having examined the submitted drawings and 3D Images relating to the present proposed development, I consider that the room design of the proposed en-suite bathroom in Room GW.1.11 is acceptable in the context of the design of the Existing Bathroom in Room GW.1.4 – Photograph 24 in the Guest Wing and of the Existing Bathroom in Room C.1.8 – Photograph 14 in the Castle.

• In this regard I note that the Existing Bedroom in Room GW.1.12 would be retained as a Bedroom rather than converted into a Bathroom as approved under the previous permission (Ref.

______PL06F.244002 An Bord Pleanála Page 21 of 25 F13A/0253) – and that the existing bedroom furniture in Room GW.1.11 would be retained within the Guest Wing as submitted.

• I note the Applicant’s Appeal Response submission where stated that there are ‘no plans for undertaking further material changes to the layout and use of the rooms of the Castle and Guest Wing’.

• Having considered all the submissions on file as discussed above, on balance I concur with the Planning Authority that ‘taking into account the requirements of Condition No. 4 of the decision to grant permission, the Planning Authority is satisfied that the proposed development would not result in a materially adverse impact on the fabric of the guest wing or on the integrity of the Lambay Estate’, and accordingly I recommend that permission be granted for the proposed development in accordance with the Conditions as set out hereunder.

• In conclusion in regard to the proposed development in Rooms GW.1.10, GW.1.11 and GW.1.12 in the Guest Wing building at Lambay Castle I note in particular Section 7.3.1 – ‘Keeping a Building in Use’ in the ‘Architectural Heritage Protection – Guidelines for Planning Authorities’ as published by the Department of Arts, Heritage and the Gaeltacht in October, 2011:-

• ‘It is generally recognised that the best method of conserving a historic building is to it in active use. Where a structure is of great rarity or quality, every effort should be made to find a solution which will allow it to be adapted to a new use without unacceptable damage to its character and special interest. Usually the original use for which a structure was built will be the most appropriate, and to maintain that use will involve the least disruption to its character. While a degree of compromise will be required in adapting a protected structure to meet the requirements of modern living, it is important that the special interest of the structure is not unnecessarily affected. Where a change of use is approved, every effort should be made to minimise change to, and loss of, significant fabric and the special interest of the structure should not be compromised’. (Italics added)

• In my opinion having considered all the submissions on file and as ‘the best method of conserving a historic building is to keep it in active use’; and as the present proposed development in the Guest Wing retains ‘the original use for which the structure was built’ – the proposed development subject to the Conditions as set out hereunder, would be to an acceptable degree of compromise in ______PL06F.244002 An Bord Pleanála Page 22 of 25 adapting the Guest Wing protected structure ‘to meet the requirements of modern living’, and I consider that the proposed development is such that ‘the special interest of the structure is not unnecessarily affected’ in accordance with the Guidelines.

Appropriate Assessment Having regard to the location and restricted nature of the proposed development within three rooms only in the existing Guest Wing building at Lambay Castle on Lambay Island designated as European Natura 2000 Sites: Lambay Island Special Area of Conservation (Site Code: 000204) and Special Protection Area (Site Code: 004069), I consider that no appropriate assessment issues arise in this case. In my opinion the proposed development either individually or in combination with other plans or projects, would not be likely to have a significant effect on the European Sites having regard to the conservation objectives of these European Sites.

10. CONCLUSIONS AND RECOMMENDATION

In conclusion, further to the above assessment of matters pertaining to this appeal, including consideration of the submissions of each party to the appeal, and including the site inspection, I consider that the proposed development would be in accordance with the proper planning and sustainable development of the area having regard to the relevant provisions of the 2011 - 2017 Fingal County Development Plan which are considered reasonable, and I recommend that permission be granted for the proposed development for the stated Reasons and Considerations in the First Schedule and subject to the Conditions as stated in the Second Schedule below.

DECISION

GRANT permission for the proposed development in accordance with the said plans and particulars based on the Reasons and Considerations hereunder and subject to the Conditions set out below.

REASONS AND CONSIDERATIONS

Having regard to the ‘High Amenity (HA)’ zoning objective for Lambay Island under the 2011 – 2017 Fingal County Development Plan including where stated in the zoning objective that ‘in recognition of the amenity potential of

______PL06F.244002 An Bord Pleanála Page 23 of 25 these areas opportunities to increase public access will be explored’; and having regard to the inclusion of the Guest Wing within the designated protected structure Lambay Castle (Ref. No. 775 in the Record of Protected Structures in the Development Plan); and having regard to the Architectural Heritage Protection Guidelines for Planning Authorities published by the Department of Arts, Heritage and the Gaeltacht in October 2011, and in particular Section 7.3.1 ‘Keeping a Building in Use’ thereof including where stated that ‘a degree of compromise will be required in adapting a protected structure to modern living’; it is considered that the proposed development in providing an en-suite bathroom facility in the Guest Wing and subject to the proposed mitigation measures as specified, would protect the architectural integrity of the Guest Wing and facilitate the retention of the original use for which the Guest Wing was built in accordance with the Architectural Heritage Protection Guidelines, and would not materially adversely affect the special interest of the protected structure, and the proposed development would, therefore, be in accordance with the proper planning and sustainable development of the area.

CONDITIONS

1. The development shall be undertaken in its entirety in accordance with the plans, particulars and specifications lodged with the application, save as may be required by the other conditions attached hereto.

Reason: To ensure that the development shall be in accordance with the permission and that effective control is maintained.

2. The conditions of the grant of permission Ref. F13A/0253 made by the planning authority Fingal County Council shall be complied with in full in the course of the development herein permitted, save for the changes shown on the plans submitted with this application and as required by the other conditions attached hereto.

Reason: In the interest of the protection of the architectural heritage.

3. Within the Upper Level of the Guest Wing of the Castle, Room GW.1.10 shall be used as a bedroom connected to an en-suite bathroom within Room GW.1.11, and Room GW.1.12 shall be used as a bedroom.

Reason: In the interest of clarity.

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4. The works in Room GW.1.10 and Room GW.1.11 shall be undertaken under the professional oversight of a conservation accredited architect. The Conservation Officer for the planning authority shall be facilitated in visiting the Guest Wing of the Castle to ensure that the proposed mitigation measures are being implemented in full.

Reason: In the interest of the protection of the architectural heritage.

5. Within six months of completion of the proposed development the subject of this grant of permission, the developer shall submit a Conservation Plan for the entire protected structures complex on Lambay Island. No further planning applications shall be submitted to the planning authority in respect of any alterations to the entire protected structures complex on Lambay Island prior to the written agreement of the planning authority with regard to all aspects of the Conservation Plan.

Reason: To protect the integrity of the entire protected structures complex on Lambay Island.

______DERMOT KELLY SENIOR PLANNING INSPECTOR

28th January, 2015. sg

APPENDIX A - LOCATION MAP APPENDIX B - PHOTOGRAPHS (incl. KEY PLAN) APPENDIX C - DEVELOPMENT PLAN / GUIDELINES

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