DÚN LAOGHAIRE-RATHDOWN COUNTY DEVELOPMENT PLAN, 2010-2016 PROPOSED VARIATION NO. 9 Addition of New ‘Permitted in Principle’ Uses to Table 18.4 : Zoning Objective ‘B’ - Relating Solely and Exclusively to the Site of Specific Local Objective No. 97 (Map 5) – Proposed Retirement Village at Ticknock MANAGER’S REPORT ON PUBLIC CONSULTATION November 2012 Dún Laoghaire-Rathdown County Council Table of Contents Part Page No. 1. Introduction 4 2(A) Summary of Submissions from Prescribed and other Public Bodies 7 2(B) Summary of Submissions from General Public, Residents Associations and Other Organisations 11 3. Key Issues Arising and Manager’s Response and Recommendation 36 4. Appendix A – List of Submissions (Nos. 1-100) Online link to submissions: - <http://dms.dlrcoco.ie/devplan/> 2 PART 1 INTRODUCTION 3 1. Introduction Statutory Background to the Manager’s Report This Manager’s Report has been prepared in accordance with the provisions of Section 13(4) of the Planning and Development Acts 2000, as amended. In summary, this section of the Act (as amended) requires the Manager to prepare a report on any submissions or observations received – including any submissions from the Minister and Regional Authority – to summarise the issues raised on foot of the submissions and to then give the response of the Manager to the issues raised. (For information, no submission was received from the Minister while the submission received by the Dublin and Mid-East Regional Authority simply advised that they had no comment to make in respect of Variation No. 9). The Manager’s Report is set out as follows: (i) List of the persons or bodies who made submissions or observations during the public consultation period (See Appendix A), (ii) Summarises the content of the submissions/ observations made under this section: (a) from prescribed and other public bodies (See Part 2A) (b) from the general public, residents associations and other organizations (See Part 2B) (iii) Outlines the key issues raised on foot of the submissions and gives the Manager’s response and a recommendation to each of the issues raised, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister or the Government (See Part 3). This report is submitted to the Members of Dún Laoghaire-Rathdown County Council for their consideration as part of the process relating to proposed Variation No. 9 to the County Development Plan 2010-2016. Members have a period of up to 6 weeks from the date of submission of the Manager’s Report to consider the Manager’s Report. Following consideration of proposed Variation No. 9 and the Manager’s Report, the Members may, by resolution, accept or amend the proposed Variation or, alternatively, refuse to make it. If any amendments made are considered material, a further period of public consultation will be necessary. Public Consultation Variation No. 9 to the County Development Plan 2010-2016, was put on public display on Friday 14 September 2012. Written submissions and/or observations were invited for a 4 week period ending Friday 12 October 2012. During this public consultation period the Council sought to raise awareness of the proposed Variation No. 9 among the citizens of the County and other stakeholders employing the following: 4 • A public notice placed in the Irish Times (14 September 2012) advising of the consultation period, where the Variation to the Development Plan could be accessed, advising of Public Open Day dates and times and inviting submissions up to and including the closing date. • Two Public Open Days were held where Planning Officers were in attendance at the static displays in Dún Laoghaire and Dundrum to assist the public and others in their consideration of the Variation. The dates were as follows: • County Hall Concourse Thursday 27 September (16.00-20.00) • Dundrum Council Office Wednesday 3 October (16.00-20.00) • The proposed Variation to the County Development Plan was on continuous public display for the duration of the consultation period at the following locations: o The Concourse, County Hall, Dún Laoghaire (9.00-17.00) o Council Offices, Dundrum Office Park (9.30-12.30 and 13.30-16.30) • The proposed Variation to the Development Plan was available to view or download from the Council’s website, www.dlrcoco.ie . • Copies of the Variation were made available at the County Council’s network of libraries both in hard copy and through the free web access facilities available at each library branch. • Submissions/observations in respect of the proposed Variation to the County Development Plan were accommodated through two mediums – hard copy and e-mail. Submissions Received The County Manager would like to take this opportunity to thank everyone who took the time to make a submission to the proposed Variation No. 9 - and to particularly thank those who attended the public information sessions. During the 4-week consultation period a total of 100 no. submissions were received by the Planning Authority. Of the submissions made, 67 no. opposed the Variation, 24 no. supported the Variation and the remaining 9 no. were ‘neutral’ in tenor/ content. 5 PART 2A SUMMARY OF SUBMISSIONS FROM PRESCRIBED AND OTHER PUBLIC BODIES Ref. Organisation Key Issue No. 9V002 Programme & • The requirements of S.I. No. 140 of 2006 Environmental Noise Regulations should be addressed. Regulatory Unit, National Roads • The NRA will require any planning applications to identify and implement noise mitigation measures Authority (NRA) within influence of existing or planned national roads. • Need to provide adequate setback between the M50 and proposed development. 9V003 Environmental • Adhere to Environmental Noise Directive and Noise Action Plan for Dublin. Health Service, Health Service • The development must be in compliance with the Planning and Development Act and should not be Executive (HSE), prejudicial to public health. Dublin Mid- Leinster • Flood risk or potential flood risk of the proposed development requires to be identified, and, if identified, mechanisms for management to be put in place using the Flood Risk Management Guidelines from the DoEHLG and OPW. 9V005 SEA Section, • Planning Authority’s position with regard to SEA is noted. Office of Environmental • In proposing any Variations to the Plan, need to ensure that adequate and appropriate infrastructure is Assessment, in place, to service any development proposed. Environmental Protection • Variations need to take account of SEA Regulations 2A (SI No.436 of 2004). Agency (EPA), Regional • Council to ensure compliance with National/ EU environmental legislation. Inspectorate • Updated SEA Regulations and July 2011 Circular amending 2004 Regulations to be used in SEA process. • Planning Authority is referred to EC (Birds and Natural Habitats) Regulations 2011. • Copy of Council decision to be made available to the public and the Environmental Authorities consulted. 7 Ref. Organisation Key Issue No. 9V006 Regional • The content of Variation No.9 has been noted. The RPG Office has no comment to make on this Planning Variation. Guidelines (RPG) Officer, Dublin and Mid East Regional Authorities 9V011 Dublin Airport • The DAA has no comment at this time. Authority (DAA) 9V018 name withheld • Concern that the purpose of the Variation is to facilitate SLO 97. • Note that on sites Zoned ‘B’ retirement villages are neither ‘Permitted in Principle’ nor ‘Open for Consideration’. • The potential scale of the ‘retirement village’ is hinted at by the references to ‘retail’, ‘restaurant’ and unspecified ‘village centre’ uses. • Concerns that the promoters of the project are seeking to develop a new residential area on this open rural site in the foothills of the Dublin Mountains. • Council policy on housing is overriding in its authority, and any proposal contrary to its principles should not be permitted. • This site is not within any existing residential area, but is totally isolated and separated from residential areas by the M50, which - at this point - represents a natural ‘stop line’ to further southwards development • Footpath networks, if any, would be internal to the site and have no relation or connectivity to the general community. • Local shops, if at all commercially viable, would be ‘internal’, serving the elderly community in isolation, and not permitting interaction with the wider community. • There is no public transport. The nearest bus stop is over half a kilometre away across the very busy Blackglen Road. • Bus services are infrequent, and do not connect with the natural shopping focus in Dundrum. • Only vehicular access is via Ticknock Road, which is narrow and winding, and has a dangerous junction with the busy Blackglen Road. • Additional traffic from the development would only add to the traffic hazard and would be unacceptable. • The M50 Corridor is the natural stop line to the city’s development southwards at this point. No 8 Ref. Organisation Key Issue No. substantial development southward into the Ticknock Hills should be contemplated. • Danger of precedent. If a substantial development is permitted, it will be used to justify other adjacent development - further eroding the agricultural and high amenity quality of the area. 9V045 Transport • The documents of Variation No. 9 have been reviewed. The RPA Office has no objection to the proposed Planning amendment to the Development Plan. Manager, Railway Procurement Agency (RPA) 9 PART 2B SUMMARY OF SUBMISSIONS FROM GENERAL PUBLIC, RESIDENTS ASSOCIATIONS AND OTHER ORGANISATIONS 10 REF NAME ORGANISATION ISSUES/OBSERVATIONS NO. 9V001 Councillor Labour Party • Strongly object to the current Variation. Richard Councillor for the • No merit in terms of proper planning and sustainable development has been Humphreys Stillorgan Ward demonstrated to make this Variation appropriate. • Fully supports Manager’s opposition to proposal for the reasons as set out in report Item No.