An Bord Pleanála Inspector’s Report Development : Change of use of 65sq.m of existing hall from sports to crèche use, construction of 185sq.m crèche space in adjoining extension and 22sq.m at first floor of existing hall, and all associated site works at Middle Third Terrace & Abbeyfield, Killester, Dublin 5. Planning Application Planning Authority : Dublin City Council Planning Authority Register Ref. : 3841/10 Applicant : Karina Daly & Mannix Smith Type of Application : Permission Planning Authority Decision : Grant permission Planning Appeal Appellant(s) : Killester Garden Village Residents Assoc. : Tony Dunne : Donal Hickey & Fionnuala Lennon : Aodhán Ó Riordáin TD & Bronwen Maher Type of Appeal : 3rd Parties v Grant Observer(s) : None Date of site inspection : 9th August 2011 Inspector: Michael Dillon PL 29N.238943 An Bord Pleanála Page 1 of 14 1.0 SITE LOCATION AND DESCRIPTION 1.1 The site, with a stated area of 0.23ha, is located within the mature suburb of Middle Third in Killester, Dublin 5. The majority of houses in the area are single- storey (constructed for the British Legion in the 1920’s on the Garden Suburb model). Many houses have been extended and dormer bungalows created. In addition, some two-storey housing has been built on infill sites. The site comprises part of an open space area within the housing estate. The site is bounded to the east by Middle Third Terrace; to the south by Middle Third; to the west by Abbeyfield; and to the north by open space (in the ownership of Dublin City Council). There are no boundary structures marking the site off from surrounding lands or roads. The lands around the building are in grass lawns with no trees or shrubs present, although there are semi-mature and mature trees on the open spaces to the north and to the south of the site. Because of the narrowness of roads in the area, and the proximity of Killester DART station, there are parking restrictions in place. There are double yellow lines on either side of Abbeyfield to the west, in the vicinity of the site. There is unrestricted parking for four cars on the site side of Middle Third to the south of the site, with double yellow lines on the opposite side of Middle Third. There are no parking restrictions on Middle Third Terrace on the eastern boundary of the site. 1.2 The existing sports hall on the site has the appearance of a single-storey structure with pitched, felted roof and small cupola feature on the ridge. External walls are wet-dashed and painted white. Two windows on the northern elevation have been blocked-up. The floor area is 140sq.m, with an additional mezzanine area of 10sq.m above the entrance (restricted head-height). The building is not in use at present and has been subjected to some vandalism, and would need considerable interior repair before it could be used again. There is an externally-mounted air- handling unit on the eastern gable of the building. 2.0 THE PROPOSED DEVELOPMENT 2.1 Permission sought on 27 th October 2010 for development as follows- • Change of use of 65sq.m of existing ground floor of sports hall to crèche use. The facility will cater for 60 children. • New single-storey extension to existing building to provide an additional 185sq.m of crèche space. Separate entrance to crèche to be provided. • New mezzanine of 22sq.m in sports hall for crèche use. • Renovation of existing sports hall and provision of sports facilities and meeting-room in the remainder of the hall. • 10 no. parking spaces. • Vehicular access from Middle Third. • Surface water is to be attenuated on site (23 cubic metre capacity chamber in car-park) and discharged to the 225mm diameter surface water sewer running along the southern boundary of the site. PL 29N.238943 An Bord Pleanála Page 2 of 14 • Water supply from existing 110mm diameter watermain in Middle Third Terrace to east of the site. • Foul waste to be discharged to 225mm diameter public foul sewer in Middle Third some 35m to the west of the site. • Fencing to surround children’s external play area – but otherwise site to remain unfenced. 2.2 Following a request from the Council on 20 th December 2010, additional information was received by on 25 th March 2011 as follows- • Details of lands to be ceded to Dublin City Council as part of the planning application – to northwest of new pathway to be created linking Abbeyfield with Middle Third Terrace. • Details of requirements for childcare places in the area. • Details of provision of mezzanine areas with 3 no. new rooflights. • Reduction in no. of parking spaces from 10 to 8. • Details of hours of operation of crèche and sports hall. • Photographs of building on site. 3.0 DEVELOPMENT PLAN The relevant document is the Dublin City Development Plan 2011-2017. The site is zoned ‘Z9’ – To preserve, provide and improve recreational amenity and open space and green networks. [Copy of relevant section included in the photograph pouch accompanying this Inspector’s Report]. 4.0 PLANNING HISTORY Ref. 751/74 Outline planning permission refused by Dublin Corporation for the construction of 2 no. dwellings at Legion Hall site, Abbeyfield, Killester, for 4 reasons as follows- 1. The site of the proposed development is located in an area designated for use as public open space. 2. One of the two sites would not have an adequate frontage to public road. 3 The development would be located across the line of a public right of way and would, therefore, constitute serious injure to the amenities of the area. 4. The laneway to the rear is not paved, drained or lighted to corporation standards and would be unsuitable for residential development. Ref. 3637/80 Permission refused by Dublin Corporation for outline planning permission for the construction of 1 no. dwelling at site attached to British Legion Hall, Middle Third Avenue, for 3 reasons as follows- PL 29N.238943 An Bord Pleanála Page 3 of 14 1. The site of the proposed development is located in an area zoned to preserve recreational amenity including open space. 2. The development would be located on a site which forms part of the site area of a recreational building, contiguous to the open space. Development would be detrimental to the environmental character of the open space and would be injurious to the residential amenity of the area. 3. The development would be located across the line of a public right of way and would, therefore, constitute serious injure to the amenities of the area. Ref. 0758/02 Permission refused by Dublin City Council for the use of the Legion Hall for educational purposes. Dublin North Central Educate Together Association sought to use the building as a school. The reason for refusal was as follows- The proposed development, being an education use within an area zoned Z9 in the 1999 Dublin City Development Plan (which is “to preserve and improve recreational amenity and open space”), would be a use which is not permissible in principle. The proposed development would be contrary to the policies and objectives of the 1999 Dublin City Development Plan, and therefore, contrary to the proper planning and development of the area. Ref. 5668/03 Permission sought from Dublin City Council, for the erection of a 1.8m high boundary wall and railing with pedestrian and vehicular gates, around the property, and the provision of six parking spaces with planting and landscaping on the existing grassed site at Killester Training Centre (British Legion Hall). Permission was granted on 16/03/04, but was not carried out. The permission has expired. Ref. 2144/09 Permission sought from Dublin City Council, for the demolition of the existing structure on the subject site (formerly the British Legion Hall) the construction of a 605sq.m two-storey crèche, a landscaped courtyard and garden play area with 10 no car parking spaces, pedestrian access from Middle third and vehicular access from Middle Third Terrace. Planning permission was refused for the proposed development for the following reason- The proposed development would make provision for development which does not relate to amenity, recreational use or open space use contrary to paragraph 14.4.9 of the Dublin City Development Plan. Further, the proposed development would involve the PL 29N.238943 An Bord Pleanála Page 4 of 14 development upon open space lands and the conversion of these lands from amenity/recreational lands to commercial use contrary to the zoning objective Z9 to preserve, provide and improve recreational amenity and open space. Therefore the proposed development would set a precedent for the commercial development on open space lands, which are not in public ownership, contrary to the proper planning and development of the area. Ref. 4182/09: Permission granted for demolition of sports hall and construction of two-storey crèche (495sq.m) and 10 car-parking spaces on this site. On appeal by 3 rd parties to the Board ( PL 29N.235895 ), permission was refused on 9 th June 2010, for one reason as follows- The site is located in an area of open space, the zoning of which is Z9 in the current Dublin City Development Plan. The objective of this zoning is to “preserve, provide and improve recreational amenity and open space”, which is qualified by the statement that new development, other than amenity/recreational uses, is to be associated with open space use. It is considered that the proposed development, which involves the loss of the Legion Hall and replacement with a crèche, would conflict with the zoning objective and seriously injure the amenities of property in the vicinity.