Inspector’s Report ABP-300178-17. Development Permission to construct nursing care centre of 116 beds, 40 assisted living units, 65 sheltered homes, 1 wardens gate lodge, ancillary support facilities comprising - medical consulting rooms, dispensary, gym/pool, bistro/restaurant, community meeting room, bored well surface water attenuation system, plant room and services, entrance, all associated site works. Location Tierhogar, Killenard, Co. Laois Planning Authority Laois Co. Council. Planning Authority Reg. Ref. 17/147. Applicant(s) Mark Fox. Type of Application Permission. Planning Authority Decision Grant permission subject to conditions. ABP-300178-17 Inspector’s Report Page 1 of 26 Type of Appeal Multiple third party appeal: Appellant(s) 1. Carriglea Residents Association 2. Joe & Anne Cunningham 3. Paddy Behan 4. Sheila Connell Observer(s) None. Date of Site Inspection 06/02/2018. Inspector A. Considine. ABP-300178-17 Inspector’s Report Page 2 of 26 1.0 Site Location and Description 1.1. The site the subject of this appeal is located to the northern area of the village of Killenard in Co. Laois. Killenard is located approximately 3km to the south east of the town of Portarlington and the M7 Motorway is located approximately 4.5km to the south of the village. The site is generally flat, although there is a slope to the north and the northwest, with an elevation range of between +80.0 and +90.0 OD. The site is currently in agricultural use and is under grass and the site has a stated area of 15.5ha. 1.2. To the north of the site, lies the main Dublin to Cork railway line, and the local road, the L-3171, is located along the eastern boundary of the site. The site boundaries include mature hedgerow and a mixture of hedgerow and stone walls. 1.3. To the south of the site, lies an existing residential estate, Carriglea, a development of approximately 55 two storey detached houses. To the east, and across the public road, lie further housing developments and immediately along part of the eastern boundary, there are 4 detached houses which front onto the Killenard Road. To the south, beyond Carriglea, lies the Killenard Heritage Golf and Country Club development and associated houses and facilities. 1.4. The subject site includes a large field to the west of the main site area, which is identified as Phase 2 of the longer term development plan for the retirement village. To the west of this section of the site lies the Tirhogar Road, and it is indicated that the construction traffic will use this road. 2.0 Proposed Development 2.1. Permission is sought to construct nursing care centre of 116 beds, 40 assisted living units, 65 sheltered homes, 1 wardens gate lodge, ancillary support facilities comprising - medical consulting rooms, dispensary, gym/pool, bistro/restaurant, community meeting room, bored well surface water attenuation system, plant room and services, entrance, all associated site works all at Tierhogar, Killenard, Co. Laois. ABP-300178-17 Inspector’s Report Page 3 of 26 2.1.1. The submitted application was accompanied by the following: • Relevant plans and particulars • Schematic Planning Report • Report on Engineering Services 2.2. Following the request for further information, the following documents were submitted in support of the proposed development; • Mobility Management Plan • Report on Traffic Impact Assessment • Updated Engineering Services Report • Clarification on Surface Water issues, Haulage Routes, Structural Survey of haulage routes, a Preliminary Construction Management Plan and Public Lighting design 3.0 Planning Authority Decision 3.1. Decision The Planning Authority decided to grant permission for the proposed development, subject to compliance with 19 conditions which: 2. seeks to restrict the use of the homes for residential care homes and the housing units shall remain in the ownership of the Management Company/Developer and shall not be sold to private individuals as habitable dwellings. 3.2. Planning Authority Reports 3.2.1. Planning Reports Section 97 Certificate: The report notes that the approximately two thirds of the subject site, labelled ‘phase 1’ is zoned “Enterprise and Employment” in Volume 2, Settlement Strategy of the Laois County Development Plan, 2011 – 2017, while the final one third of the site, labelled ‘phase 2’ is not zoned. ABP-300178-17 Inspector’s Report Page 4 of 26 The report concludes that ‘as the proposed development is not residential but commercial in nature, and located on lands a mixture of land not zoned and land zoned “Enterprise and Employment”…….. it is considered that Section 96(1) of the Act does not apply and the Planning Authority should issue the applicant with a Section 97 (certificate) of the Planning and Development Act 2000 as amended. Planning Report: 3.2.2. The initial Planning Officers report considered the proposed development in terms of the 2011-2017 County Development Plan, and noted the fact that the site was zoned for Community / Institutional purposes in the draft CDP, 2017-2023. Overall, the report considered the proposed development acceptable in principle and requested further information and clarification in terms of the technical reports submitted. 3.2.3. The final planning officers report acknowledged the adoption of the new County Development Plan which came into effect on the 24th July, 2017 and concluded that the development was acceptable. The report recommended that planning permission be granted subject to 17 conditions. This recommendation formed the basis of the Planning Authoritys decision to grant and two additional conditions, were attached to the official decision, relating to the setting up of a Management Company and a bond to ensure the satisfactory completion of roads, footpaths, watermains, drains, open space and other services. 3.2.4. Other Technical Reports: Internal: Road Design: Further information required in relation to surface water disposal, road safety and public lighting. Following the submission of the response to the further information and clarification requests, a number of conditions are indicated. Waste Enforcement: No objection to grant of planning permission subject to two waste management conditions being included. A/Chief Fire Officer: No objection to the proposed development. Fire hydrants to be round thread outlet type and shall have a minimum flow of 20 litres per second. Fire safety certs will be required. ABP-300178-17 Inspector’s Report Page 5 of 26 Principal E.H.O.: No objections subject to a number of recommendations relating to the provision of water services. Prescribed Bodies: S.T.S.E. Irish Rail: Requests that a number of issues be taken into consideration during deliberations, including the erection and maintenance of boundary treatments adjacent to the existing Dublin – Cork railway line, and that development works will not impact, or have a negative effect, on the railway line. It is further submitted that the railway line has the capacity to operate 24 hours a day, 7 days a week and 365 days a year. A Noise Assessment should be undertaken to ensure noise levels at the proposed residential units do not equal or exceed undesirable noise levels. Following receipt of the response to further information, the submission considered that the applicant had not responded to the issues raised. Transport Infrastructure Ireland: No observations. Irish Water: Further information initially sought Inland Fisheries Ireland: No objection in principle to the proposed development subject to a number of conditions, including that the development shall not be occupied or operated until such upgrading works as necessary at the Irish Water Sewerage Treatment Plant at Portarlington are completed such that discharges comply in full over a three-month period following commissioning. DoAHRRGA, Development Applications Unit: Recommends conditions be attached should permission be granted. 3.2.5. Third Party Submissions: There are 16 third parties noted on the planning authority file with a total of 27 submissions in the course of the overall assessment. These parties are as follows: - Donal O’Sullivan - Anne Hogan - Joe & Anne - Niall Behan - Sheila Connell Cunningham - Paddy Behan (Snr) - Peter Smyth - Michael Geraghty - Sarah Purfield Stafford ABP-300178-17 Inspector’s Report Page 6 of 26 - Juan Pablo Gutierrez - Ann Dolan - Cormac Smith - Lucy Kelly - Elizabeth Heagney / - Malcolm Allen - Sean Fleming Carriglea Residents The issues raised in the above third party submissions are summarised collectively as follows: • Phase 2 of the development is outside the zoned area. The development should be within zoned lands and it is noted that there is a current permission for a retirement home in the village already, opposite the site. The need for, and viability of, the development is questioned. • Roads and traffic issues existing in the village already. The infrastructure is not capable of accommodating the proposed development, including construction traffic. The development will accommodate approximately 400 people and 200 staff. • No assessment of risk or impact presented by the development and no workplace travel plan or mobility management plan has been provided. • Issues with water supply in terms of E-coli and pressure. The Killenard aquifer is not a demonstrably safe and reliable source of raw water and there are no mains alterative available. • Inadequate sewerage infrastructure and the Portarlington WWTP requires upgrading. • The development will impact on the village atmosphere and the two old bridges, neither of which are made for the amount of traffic the development will bring. • The size and scale of the development contravenes the Laois County Development Plan. The development will accommodate approximately 400 people while the population of Killenard was 622 in 2011. • Lack of consultation with the local community and no community facilities audit or open space needs have been produced. • Noise impacts have not been considered and the development should be required to fully comply with Council policy. ABP-300178-17 Inspector’s Report Page 7 of 26 • Light pollution impacts.