Inspector’s Report ABP-302063-18 Development Development of HSE Primary Care Unit, upgrading of existing Rugby Club Facilities and all associated Site Works Location Scurragh, Townparks, Birr, County Offaly Planning Authority Offaly County Council Planning Authority Reg. Ref. 17/296 Applicant(s) Birr Rugby Football Club and BPI Investments Type of Application Permission Planning Authority Decision Refuse Permission Type of Appeal First Party Appellant(s) Birr Rugby Football Club and BPI Investments Observer(s) David O’Meara Conor Sheehan Date of Site Inspection 21st September 2018 Inspector Ciara Kellett ABP-302063-18 Inspector’s Report Page 1 of 22 1.0 Site Location and Description 1.1. The site is located in Birr, Co. Offaly. It is located just south-east of the town centre and is currently in use by Birr Rugby Football Club. The site is located to the east of Railway Road, which is part of the N52 national road which runs north-south through the town and divides to become the N52 and the N62 just south of the site. The site is south of, and bounds the Little Brosna river which runs through the centre of the town. 1.2. Directly between the site and the N52 there is an Applegreen Service Station. Access to the site is off the N52 just north of the service station via a local road named Scurragh. This same road serves a relatively large housing development to the south-east, as well as Birr Leisure Centre which lies to the north-east. To the south of the site lies the County Arms Hotel which is a protected structure. 1.3. Across the N52 Railway Road lies the GAA sporting pitch, and south of the pitch there is a large Tesco superstore with surface car parking. 1.4. The site is effectively three large fields with an overall area of 3.93Ha. The field closest to the N52 road is in use by Birr Rugby Football Club (Birr RFC) as a training pitch and is zoned for open space/sports/recreation/amenity purposes. The second field which bounds the river contains the Clubhouse in the east of the field. The rest of the field is a disused hardstanding area and zoned for public/community/ educational purposes. The third field is the rugby pitch zoned for open space/sports /recreation/amenity purposes. 1.5. Appendix A includes maps and photos. 2.0 Proposed Development 2.1. The application is summarised as a joint application resulting in the development of a HSE Primary Care Centre (PCC) on part of the existing training pitch, and a new purpose built changing room block adjacent to the clubhouse, new car park, new all- weather pitch, floodlighting and associated works on the remainder of the site. 2.2. It is proposed to develop the PCC on the field nearest the N52 road to the rear of the Applegreen Service Station. The PCC will comprise of a purpose built two and three storey building housing a HSE day centre, an own door pharmacy, and 3 no. own ABP-302063-18 Inspector’s Report Page 2 of 22 door Doctor’s surgeries at ground floor level. At first floor there will be a HSE Day Hospital with treatment and consulting rooms, as well as offices and ancillary accommodation. The third floor comprises a staircase to the roof area for maintenance. The overall area proposed is 3,264sq.m on two floors. 2.3. There will be 94 car parking spaces as well as ancillary services such as bin stores, ESB substation and a pedestrian access route from the rear of the PCC to the adjacent County Arms Hotel. 2.4. Upgrade works are proposed to the training pitch which adjoins the PCC site, including the provision of floodlighting and new fencing to enclose the training grounds. 2.5. New floodlighting is proposed for the rugby pitches to the south-east of the clubhouse. 2.6. A new all-weather pitch will be located to the west of the clubhouse including floodlighting and fencing. 2.7. A new single storey changing room block is proposed to the south-east of the clubhouse as well as 47 car parking spaces. 2.8. Ancillary work includes an upgrade to the access from the N52 including new traffic control signals at the junction of the Scurragh Road and the N52 with MOVA, and removal of the existing zebra crossing opposite the Applegreen service station. 2.9. Included with the application are a Design Statement, a Supporting Statement, a Traffic and Transport Assessment, Engineering Report and letters of consent and support from GP’s, as well as standard drawings and documentation. 2.10. Following the request for further information, changes were made to the design including reducing the overall height and more information was provided about the materials proposed. Photomontages were also provided. 3.0 Planning Authority Decision 3.1. Decision The Planning Authority decided to refuse permission for one reason. ABP-302063-18 Inspector’s Report Page 3 of 22 1. The development of a Primary Care Unit on lands zoned as open space is not normally permitted in the zoning objectives of the Development Plan. The proposed development of a primary care unit in an area zoned as open space in the Birr Town and Environs Development Plan 2010 – 2016 (as extended) would contravene materially objective BTEO 15-02 which states that it is an Objective “To ensure that development progresses in accordance with the landuse zoning objectives set out within this chapter”. 3.2. Planning Authority Reports 3.2.1. Planning Reports The Planner’s Report is the basis for the Planning Authority’s decision. In summary it includes: • The location for the proposed PCC is zoned open space/sports/recreational and as such the proposed development is ‘not normally permitted’. A Material Contravention of the Development Plan is required in the event of a grant of permission. • Notes PCC is being developed under public/private partnership with the HSE and notes letters on file from 3 doctor’s surgeries and 2 local pharmacists. The pharmacists state that they will continue to own and operate their existing pharmacies in the town. • Notes sequential test was carried out looking at alternative sites. • Roads Design are happy with the proposal subject to conditions. • Notes no details submitted regarding the floodlighting and Irish Water request details on the Hydrobrake. • Welcomes upgrade works to rugby facilities. • Serious concerns with the overall design of the PCC. Lists Architect’s concerns which the Planner concurs with, including query about reuse of existing buildings and if HSE is moving from its existing location in the former convent. Architect considers the provision of a large pharmacy in an out of town location should not be approved due to the resulting implications to the existing main street pharmacies. States that the three new GP’s will perhaps ABP-302063-18 Inspector’s Report Page 4 of 22 benefit from combined services and the provision of a modern premises but will result in the vacating of existing premises in the town. Refers to permeability and connectivity. Considers site is well located to take a larger building. Considers building is an ineffective combination of styles, materials along with multiple parapet heights and submits the design is of a rudimentary commercial block. Considers that the design neither complements the architectural fabric of Birr nor provides its own modern idiom. • States that building design and materials are not acceptable, and pharmacy is given too much emphasis and too large in floor area. Applicants to be requested to carry out a sequential test with regard to the pharmacy and the hairdressers being proposed in an edge-of-town location. Considers site is an edge-of-town site being 150m from the town centre and having regard to map 4.1 of the Town Plan. • Recommends Further Information is requested with respect to 10 items including the design, floodlighting, Hydrobrake, letter of support from HSE, Giant Knotweed on the site, amended contextual elevation, errors on drawings, pedestrian link to hotel, a sequential test and to note that the proposal requires a material contravention of the Birr Plan. • The applicant responded with an amended design and 3D images as well as responding to other technical requests. It is stated that the issue of a material contravention was addressed in the initial supporting statement submitted with the application. • With respect to a sequential test, it is stated by the applicant that the PCC should be assessed in its entirety whereby its primary use is for health purposes and not retailing. The pharmacy only comprises 4% of the overall floor area. Reference is made to the Board’s positive determination of a PCC in Tullamore (ABP Ref. 244684) and Westmeath County Council positive decision for a PCC in Mullingar. The pharmacy was seen as a complement to the PCC and was not subject to a sequential test but rather an assessment against other possible sites. Notes that the new pharmacy will operate under the auspices of 3 of the 4 existing pharmacists in Birr who have committed to keeping their existing pharmacies open. Confirms there will be no ABP-302063-18 Inspector’s Report Page 5 of 22 hairdressers operating – the unit will operate on a medical and not a retail basis with no signage and has been renamed HSE Day Centre Hair Treatments. • The Planner assesses the response under a number of headings. Having regard to the precedence set by An Bord Pleanála, the Planner agrees that the pharmacy is an integral part of the PCC and not a standalone retail unit and considers that a sequential test is not required.