Agenda item

Pages 6, 7, 8, 9, 10 and 11: 2. Submission by the Office of the Planning Regulator

The following summary of submission received was CONSIDERED:

 

“(i) The submission by the Office of the Planning Regulator (OPR) makes 4 no. recommendations for inclusion in the finalised LAP.

 

1. The forthcoming adoption of the Regional Spatial and Economic Strategy (RSES) for the Eastern and Midlands Regional Assembly area will shortly trigger a State-wide requirement for Local Authorities to undertake a review of their City/County Development Plans in order to determine consistency with the RSES. By variation to or review, County Development Plans could in turn prompt a subsequent review of Local Area Plans to ensure consistency with the varied / new ‘parent’ County Development Plan. The OPR recommends the insertion of a written objective to the effect of the above in the finalised BELAP.

 

2. The Draft LAP indicates, in broad terms, a potential delivery of c. 4,300 new homes in the BELAP area. The OPR recommends this should be broken down in more detail on a site/area basis. The OPR recommends a summary table indicating the estimated housing yield for the substantial sites identified in the LAP.

 

3. Timely delivery of required infrastructure and amenities is critical in ensuring that development proceeds in a planned manner and that longer-term infrastructural deficits are avoided or mitigated. The OPR recommends inclusion of an overall ‘Implementation and Infrastructural Delivery Schedule’.

 

4. The OPR recommends that the conclusions and requirements of the Strategic Flood Risk Assessment should be more clearly integrated with the written statement of the LAP.”

 

The following Response and Recommendation of the Executive was CONSIDERED:

 

The Executive notes the content of the submission.

 

In relation to recommendation 1, a written objective as requested will be inserted into the Final LAP.

 

In relation to recommendation 2, a summary table as requested will be inserted into the Final LAP.

 

In relation to recommendation 3, the Plan area is currently well served in relation to the quantum and distribution of strategic hard infrastructure. The Sandyford High Level Water Supply Scheme – completed in 2011 – guarantees security and resilience in relation to future water supply not just for the Plan area but the wider environs – including Sandyford Business District and the evolving Kilternan-Glenamuck area. The major trunk sewer laid from Kilgobbin Road to the Carrickmines Interchange, and ultimately draining via Cherrywood to the Shanganagh Wastewater Treatment Plant has, unlike Ringsend, considerable surplus treatment capacity. It is acknowledged more local upgrades may be necessary as significant sites are opened up, but any such works will essentially be developer-led.

 

The Plan area is traversed by the M50 corridor and ‘bookended’ at its western and eastern ends by, Junction 14 (Leopardstown) and Junction 15 (Carrickmines). The two junctions are directly connected by the Ballyogan Road/Murphystown Way District Distributor Road corridor which was fundamentally and radically upgraded in tandem with the construction works of the Luas Green Line B1 Extension Project, connecting Sandyford and Cherrywood. All junctions along the upgraded corridor are signalised (and synchronised to the parallel Luas signalling system) and the corridor incorporates both cycle lanes and left and right hand turning lanes. Any supplementary local roads/ cycling/pedestrian infrastructure necessary to open up and advance undeveloped lands will be developer-led.

 

In early April 2019 Transport Infrastructure Ireland confirmed to DLR that the Luas Green Line Enhancement Project to incrementally increase capacity on the Green Line network through a combination of higher frequencies, additional trams and larger rolling stock is currently in train. Phase 1 – to be completed by 2021 – will see current peak Luas capacity (c. 6,408 passengers) increased to c. 8,813 passengers per hour (38% increase). Phase 2 will see further interventions that will enhance capacity to c.11, 016 passengers (72% increase on current peak capacity). Phase 3 (post 2039) involves the Green Line being upgraded to MetroLink providing capacity of up to c. 18,000 passengers per hour per direction. In terms of transportation policy, the submission received from the NTA acknowledged the consistency of the Draft Plan with the ‘Transport Strategy for the Greater Dublin Area 2016-2035’, stating their support for the transport policies and objectives contained in the Plan:

 

The NTA is supportive of the transport policies and objectives contained in the Draft LAP as they are consistent withthe Transport Strategy for the Greater Dublin Area 2016-2035 (‘the Transport Strategy’); in particular, the LAP accordswith the ‘Strategic Planning Principles’ and ‘’Local Planning Principles’ set out in Section 7 of the Transport

Strategy…which recommended that:

 

Public transport should be the primary focus of the LAP for journeys to adjacent areas;

Public transport accessibility should be a key determinant of the location and density of newdevelopment;

The LAP should support the use of walking and cycling for trip-making at the local level; and

There should be a high degree of permeability for walking and cycling within the LAP area, andstrong walking and cycling links to adjacent areas, including public transport stations/stops andDistrict, Neighbourhood and Local Centres.’

 

In relation to community/sports facilities Phase 1 of the Samuel Beckett Civic Campus (opened in 2016) provides anobvious focus for community activity right in the heart of the Plan area, and readily accessible to the Luas GreenLine. Facilities provided in Phase 1 of the Samuel Beckett Civic Campus include a community centre, crèche andleisure facilities (including a gym), and outdoor spaces consisting of grass and synthetic sports pitches, a children’splayground and skate area. DLR has committed an additional €37 million to Phase 2 of the Civic Campus in its ThreeYear Capital Programme. Phase 2 will deliver further high quality facilities including: a new sports building withswimming pool; an events area within the re-landscaped civic space; a park connecting the playing pitches, withviewing benches and spectator areas; a library and communities building; and a two-storey car park. Constructionof Phase 2 is scheduled to commence Q3/Q4 2019.

 

From an open space and recreational perspective Fernhill Park and Gardens – purchased by DLR in 2014 – wasrecently opened full time to the public in March 2019. This is the first new park of its kind in the County since DLRcame into being in 1996. The Park extends to 34 hectares and comprises a high quality sustainable regional publicpark.

 

On foot of EPA License obligations, the Council is committed to repurposing the former Ballyogan Landfill as a new62 hectare public park (Jamestown Park). Remediation works have now largely been completed. A Masterplan iscurrently being prepared for Jamestown Park which will allow the lands to be developed on an incremental basis as a recreational facility that will offer significant passive and recreational opportunities for the community stillevolving in the BELAP and environs area. As a precursor, DLR Parks Department have committed to a major treeplanting of native species across key areas of the park in the 2019/2020 planting season.

 

In addition, a 5.2 hectare Eco-Park was included in the Clay Farm Phase 1 planning permission granted by An BórdPleanála (Ref. 246601) in September 2016. The Eco-Park located in the valley of the Ballyogan Stream will include arange of passive, casual and semi-active recreation spaces and will act as a local park for the wider community,linking to the planned Jamestown Park immediately to the south-east. On foot of a condition attached to the BoardDecision, laying out and construction of the Eco-Park is currently underway. On completion of the works the Eco-Park will be publicly accessible.

 

The recent grant of two Strategic Housing Developments in the Plan area by An Bórd Pleanála – 927 no. units atClay Farm Phase 2 in August 2018 (ABP Ref. 301522) and 341 no. units at Glencairn in December 2018 (ABP Ref.302580) – is perhaps testament to the fact that the underlying physical infrastructure in the area has more than adequate capacity to support development proposals of this scale. It is noted the National Transport Authoritysubmission in respect of the Clay Farm Phase 2 SHD Application ‘…welcomed the principle of more residential development in a location served by Luas’. In their assessment of the Clay Farm Phase 2 Application the Board

Inspector stated, ‘The location of the site on a public transport corridor within the built up area of the city means that ithas relatively good access to social and commercial services and to places of employment by sustainable transportmodes. Limiting residential development on the site would not reduce the demand for housing in the city, but it woulddisplace the demand to other areas with poorer access by sustainable transport modes. The consequence of suchrestrictions would therefore tend to increase travel by private car and thus worsen traffic congestion.

 

In essence, the remaining residual capacity in the Plan area relates primarily to Kilgobbin and Racecourse South –the two sites for which Site Development Frameworks have been prepared and which have an estimated combineddevelopment capacity of c. 1,750 no. units. Both sites share the same context and characteristics of the Clay Farm

and Glencairn SHD sites; both are fully serviced in terms of water infrastructure; both are juxtaposed to the LuasGreen Line; and both rely on Junctions 14 and 15 to facilitate movements across the M50 corridor. In conclusion,given: the substantial residual infrastructure capacity in the Plan area; that the remaining localised supplementary

infrastructural interventions will be developer-led; TII’s commitment to enhance capacity on the Luas Green Line;that only two significant parcels of residentially zoned land remain to be developed; and, that the parcels inquestion share the same characteristics and contextual underpinnings as the recently granted Clay Farm andGlencairn sites; it is considered that a comprehensive and all-encompassing phasing plan is unnecessary.

 

Notwithstanding, it is considered appropriate to insert a Phasing Plan into the Final LAP that focusses onoutstanding strategic infrastructural upgrades required to facilitate development at the two major land parcels inthe BELAP area, Racecourse South and Kilgobbin. The Phasing Plan will seek to ensure infrastructure and servicesare available to serve new communities and that flexibility within a clear set of parameters is provided so that therequirements of both the relevant agencies and the new communities are balanced. In addition, it is alsorecommended that Policy BELAP COM4 is added to, to reflect phasing requirements with regards to schoolprovision in the BELAP area.

 

Given its complexity and highly technical content the standard practice in relation to Strategic Flood RiskAssessments (SFRA) prepared for statutory County Development and Local Area Plans is to include the SFRA as a‘standalone’ appendix. This does not, in any way, diminish nor dilute the obligations or imperatives associated withFlood Risk Management – it simply packages them in a single cohesive navigable document. It is highlighted thatDraft Plan Policy BELAP SI10 – Flood Risk Assessment, is already specifically cross-referenced in both the Draft Planand the SFRA. To restate the comprehensive and detailed flood policy guidance contained in the SFRA in the LAP is

considered to be unnecessary duplication. It is further considered that any potential surmising of the quite specificand detailed content of the SFRA into the LAP could lead to potential inconsistencies in the interpretation of floodmanagement guidance, undermining the rationale for the preparation of a standalone detailed SFRA.

 

Notwithstanding, it is recommended that additional text is added to Section 10.1.4 of the Draft Plan ‘Flood Risk’that specifically cross-references Section 1.9 of the SFRA ‘Flood Risk Management – Policy Response’, and therequirement for (i) an appropriately detailed flood risk assessment to be required in support of all planningapplications, and (ii) that the level of detail required will vary depending on the risks identified and the proposedland use. The inclusion of said text is considered appropriate given its applicability to all new planning applications in the BELAP area.

 

Recommendation

 

Amend the Draft Plan as follows:

 

Page 9 – Section 2.4.2 - Add the following text at the end of the Section:

It should be noted that, subsequent to the adoption of the Eastern and Midlands Regional Assembly’s RegionalSpatial and Economic Strategy (RSES), Dún Laoghaire-Rathdown Country Council will be required to review thecurrent 2016-2022 County Development Plan to determine whether it is consistent with the RSES and commence

any variation or new County Development Plan (as appropriate) to ensure consistency and alignment. In turn, sucha variation or new County Development Plan (as appropriate) may prompt a subsequent review of Local Area Plansto ensure consistency with the ‘parent’ County Development Plan.

 

Page 21 - Section 5.1.2 Capacity for Additional Population Growth – Add the following Summary Table:

 

Development Site No. of Residential Units*

Development Site No. of Residential Units*

Racecourse South SDF

950

Kilgobbin SDF

800

Clay Farm Phase 1 (nearing completion)

400

Clay Farm Phase 2 (under construction)

900

The Park, Carrickmines

130

Glencairn North - east of the Luas (SHD Granted)

340

Glencairn North - west of the Luas

180

Stepaside Park (nearing completion)

50

Golf Lane

400

DLR Housing Scheme - Ballyogan

120

Total

4,270

* Note: The figures set out in the Table above are estimated / approximated

 

Page 51 - Amend guiding principle ‘Phasing’ for Racecourse South Site Development Framework as follows:

 

Development at the site must occur in tandem with the delivery of key infrastructure and linkages identified in thisLAP. The Masterplan for this SDF area shall be accompanied by a comprehensive phasing plan that aligns with thisprinciple (see detailed phasing set out in Section 12.1). It is envisaged that the eastern portion of the site and thepublic open space could be delivered in initial phases. with development of the western portion being permissibleonly when this key infrastructure and linkages has been delivered.

 

Page 54 – Add the following text to guiding principle ‘Phasing’ for Kilgobbin Site Development Framework asfollows:

Development within the SDF area is contingent on commitment to the completion of the Loop Road and keypedestrian and cyclist linkages (see detailed phasing set out in Section 12.1).

 

Add additional page - Page 56 – Insert a new Section 12.1 ‘Phasing’:

 

12.1 Phasing

This phasing Section is to ensure infrastructure and services are available to serve new communities. Flexibilitywithin a clear set of parameters is provided so that the requirements of both the relevant agencies and the newcommunities are balanced.

 

Racecourse South Site Development Framework

Public Transport

As part of the preparation of the Masterplan for Racecourse South the Planning Authority with the landowner/developer will enter discussions with the relevant transport agency to agree the phasing of the delivery of homes with the opening of the Luas stop. Any planning application shall demonstrate that the proposal accords with the agreement.

Linkages

As part of the preparation of the Masterplan for the Racecourse South lands the Planning Authority with the landowner/developer will engage with the relevant transport agency regarding the appropriate location for a pedestrian and cycle crossing of the M50. The Masterplan shall accommodate the proposed structure in its design and layout of the new community and public realm. A funding model will be developed to deliver the infrastructure.

Education

The landowner/developer shall enter discussions with the Department of Education and Skills prior to entering pre-planning with the Planning Authority to agree phasing for the delivery of the school.

 

Kilgobbin Site Development Framework

Access

The Kilgobbin lands will be served by the Clay Farm Loop Road. To progress the development of these lands the Loop Road will either be in place, with the necessary legal agreements in place for the developer to access the route, or the Applicant shall provide evidence that the Loop Road will be available to serve the development as homes are completed.

Education

The landowner/developer shall enter discussions with the Department of Education and Skills prior to entering pre-planning with the Planning Authority to agree phasing for the delivery of the school.

 

Page 38 - Section 8.3.2. – Add the following text to Policy BELAP COM4 – School Provision:

 

Policy BELAP COM4 – School Provision: To continue to work with the Department of Education and Skills to ensurethe timely delivery of Primary and Post-Primary schools in the BELAP area. Three school sites have been identifiedwithin the BELAP area at Kilgobbin South, Glencairn North, and Racecourse South as shown on Figure 11.1. The landowner/developers of these sites shall enter discussions with the Department of Education and Skills prior toentering pre-planning with the Planning Authority to agree phasing for the delivery of the school.

 

Page 46 - Section 10.1.4 Flood Risk – remove the last sentence and replace with:

 

The detailed technical appraisal of flood risk in the Plan area, and the associated mapping, is set out in the Strategic Flood Risk Assessment (SFRA), which accompanies this Local Area Plan as a standalone Appendix. Section 1.9 – Flood Risk Management – Policy Response, in that Appendix, sets out clearly that an appropriately detailed flood

risk assessment will be required in support of all planning applications. The level of detail required will vary depending on the risks identified and the proposed land use.”

                                                                                       

The Executives Response and Recommendation on pages 6, 7, 8, 9, 10 and 11 was AGREED.