An Bord Pleanála Inspector’s Report Appeal Ref. No: PL06D.246030 Proposed Development: 130 Apartments and associated works Location: Greenacres Convent, Kilmacud Road Upper, Dublin 14 Applicants: Crekav Landbank Investments Ltd. Planning Authority Reg. Ref: D15A/0660 Planning Authority: Dun Laoghaire Rathdown County Council P.A. Decision: Refuse Permission Appeal Type: Applicant & Third Party v Refusal Appellants: (1) Crekav Landbank Investments Ltd (2) Bernard & Deirdre Stuart Observers: See list in report Date of Site Inspection: 25th April 2016 Inspector: Hugh Mannion PL 06D.246030 An Bord Pleanála Page 1 of 19 1. SITE AND SURROUNDINGS The site has a stated area of 1.23ha and is located to the south of Kilmacud Road Upper about a kilometre from Dundrum village in south County Dublin. The site was in use as a convent (Greenacres), that building remains onsite but appears to be disused. There are no other significant buildings on site and what may have been differentiated garden areas are overgrown. The former convent building is not a protected structure and appears to date from the mid-20th century. The site is rectangular and, generally, oriented north/south. There is a single pedestrian/vehicular entrance on the northern boundary with a hedge for the remainder along Kilmacud Road Upper. The southern boundary adjoins Airfield Farm which is a charitable foundation providing an educational and recreational resource to visitors centred on animal husbandry and vegetable growing. This southern boundary is relatively poorly maintained with a number of trees. The eastern boundary has some wire fencing and is planted with a variety of trees and shrubs. This boundary adjoins an irregular shaped strip of land running the full site boundary from the Kilmacud Road Upper to the boundary with Airfield Farm. A submission on file states that this strip is owned by Sorohan Builders. On the eastern/other side of this strip is the grounds of Drumahill house, a detached two storey house on its own site and with direct access onto Kilmacud Road Upper. Further along this strip towards the south are the rear gardens of a housing development, called Drumahill/Hollywell, accessed separately from Kilmacud Road Upper. This strip is very overgrown and inaccessible. To the west and running south along the boundary, on the Dundrum side of the site, is an access road. This is access road is good repair, provides access to ‘Eden Farm’ a bungalow at its southern end and may be in the ownership of Airfield Farm as it provides access to a number of service buildings associated with the farm. The boundary on this side (eastern) is relatively densely planted. Close to the junction of this access road with the Kilmacud Road Upper on the left is a house (Gracedieu) with access to Kilmacud Road Upper which has a gable on to this access road. PL 06D.246030 An Bord Pleanála Page 2 of 19 2. PROPOSED DEVELOPMENT The proposed development comprises; • The demolition of a vacant convent building and two outbuildings, • The construction of 130 apartments in four 5 and 6 storey blocks, • 196 basement parking spaces, 9 surface spaces with 176 bicycle parking spaces, • Boundary treatment, hard and soft landscaping, • Bin storage and electricity substation, amended entrance and associated works all at Kilmacud Road Upper, Dundrum, County Dublin. 3. HISTORY There is no relevant planning history for the site. 4. PLANNING AUTHORITY DECISION The planning authority refused permission as follows; 1. Having regard to the design, layout, scale and bulk, proximity to boundaries and balconies close to boundaries the proposed development would unacceptably impact on adjoining property and materially contravene the zoning objective A “to protect and or improve residential amenity” for the area set out in the County Development Plan. 2. The inadequate separation distances between the blocks, the excessive scale of blocks C and D and their relationship with the internal pedestrian perimeter walkway give rise to so poor a standards of living environment and residential amenity as to contravene the zoning objective of the area. Irish Water (24th November 2015) reported no objection to the proposed development. Drainage Section commented that the application did not show green roofs, the surface water drainage system is unclear. Transport Planning (8th December 2015) commented that the provision of 196 basement car spaces and 9 surface spaces (total 205 spaces) PL 06D.246030 An Bord Pleanála Page 3 of 19 complies with the Development Plan standards. The transport planning section sought further information in relation to, setting back the entrance on Kilmacud Road Upper and provision of a bicycle path, roads/kerbs/footpaths standards, future permeability to adjoining lands, revised access to storage units between car parks 2 and 3, submission of a mobility management plan, quality audit (including road safety audit, access audit, walking and cycling audit), details of street lighting. Housing Department commented that the proposal would have to comply with Part V of the planning and development acts. An Taisce objected to the proposed development. 5. APPLICANT’S APPEAL The applicant’s appeal may be summarised as follows; • The site is 1.23ha and has mature trees along the boundary. It is 500m from Dundrum shopping centre, Ballally and Kilmacud Luas stations. • The proposed development complies with RES3 which is to promote higher density. • The first refusal reason is based on unacceptable bulk and scale. The revisions submitted with the appeal have reduced the overall proposed apartment numbers from 130 down to 119. • Blocks A and B have a reduced floor area. Block C has been reduced from 33 to 27 units, block D has been reduced from 30 to 26 units and stepped back at 2nd, 3rd and 4th. There are only 2 residential units (Gracedieu and Eden Farm) on the boundaries and the balconies have been revised to reduce impact on these. • Separation distances have been increased so that the distance between blocks A and B is now 28.4/31m, between blocks B and C is now 19.2/27m and blocks C and D is now 27m. • The topography of the site means that a podium is required to allow surface water to drain from the proposed development to a surface water drain on Kilmacud Road Upper. PL 06D.246030 An Bord Pleanála Page 4 of 19 6. THIRD PARTY APPEAL The third party (Bernard & Deirdre Stuart) grounds of appeal may be summarised as follows; • The appellants occupy the house - ‘Drumahill’- located to the east of the application site. The application provides residential blocks 5 or 6 stories high and, therefore, has not had regard to the planning authority’s building height strategy which requires, in this area, that new development be two storeys high. • 130 residential units taking access from a busy and congested Kilmacud Road Upper will exacerbate traffic hazard. • The provision of underground car parking will require removal of the granite underlying the site. This work will significantly negatively impact on the amenity of the appellant’s property. 7. OBSERVATIONS Observations were received from Herbert and Pamela Mitchell, Tom and Margaret Grogan, Philip and Miriam Coyle, Patricia O’Driscoll, Carmel Leahy, Jun Liong Chin, David and Julia Hui, Paul and Patricia Huban, Anne and David Davidson, Paul Cahill, Sorohan Builders, Justin and Emer Lynch, Don and Brigid McQuilan, An Taisce, Tony Delvin and Collette Delvin, Michelle Murray, Jonathan Young, Hollywell/Drumahill Residents Association, Dromartin Estates Company Limited, Claire and Daniel Kiley, Anne Holloway, Niamh Devlin, Linda Zaiter, Brendan and Marie-Helene Brohan, Knocknashee Residents Association, Geraldine and Sarah Parker. These observations may be summarised as follows; • The proposed density is too high. • The proposed development is out of character with the pattern of two-storey semidetached development in the area. • The proposal will overlook adjoining property including ‘Eden Farm’ and ‘Drumahill House’. • The proposed development will exacerbate traffic congestion on the local road network. These problems are acute in the adjoining PL 06D.246030 An Bord Pleanála Page 5 of 19 Knocknashee development, Drumartin link Road/Birches Lane junction. • The proposed development provides insufficient public open space. • There is an over provision of car parking. • The proposal contravenes the zoning objective for the area. • The amendments made at application stage are cosmetic and do not overcome the reasons for refusal. • The proposal will give rise to a wind tunnel effect on the Drumahill development. 8. APPLICANT’S RESPONSE The applicant commented on the third party’s appeal as follows; • The proposal complies with the planning authority’s building height strategy and higher blocks are placed in the centre of the site to minimise impacts on adjoining areas. • The proposed development is 10 and 8 minutes’ walk from the Balally Luas stop and the Kilmacud stop respectively. Therefore it should be recognised as an area where higher density is acceptable. • County Development Plan policy RES3 encourages higher density within 1km of public transport infrastructure. • The traffic modelling carried out as part of the application preparation demonstrated that no adverse impact would arise for the local road network or junctions. • The applicant would accept a condition regulating the removal of rock excavation on site related to the provision of a basement. PL 06D.246030 An Bord Pleanála Page 6 of 19 9. THIRD PARTY’S COMMENTS ON APPLICANT’S APPEAL The third party (c/o Kieran O’Malley and Company) commented on the applicant’s appeal as follows; • The appeal includes a new scheme which should not be considered at appeal stage. • The amended drawings submitted with the appeal are inadequate to assess the revised application. • The application site is more than 500m from significant public transport provision. It is 820m from the Balally LUAS and 800m from the Kilmacud Luas station.