Rooske Road Rush, Dunboyne, Co. Meath - Material Contravention Statement
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Rooske Road
Rush, Dunboyne, Co. Meath
Material Contravention Statement
Prepared on behalf of
Glenbeigh Construction Limited
by
Tom Phillips + Associates
80 Harcourt Street
Dublin 2
D02 F449
TO M P H I L L I P S
31.10.19
A S S O C I A T E S
PLANNING FOR THE FUTURE
TO M P H I L L I P S A S S O C I A T E S PLANNING FOR THE FUTURE
TOM PHILLIPS + ASSOCIATES
TOWN PLANNING CONSULTANTS
1.0 INTRODUCTION
1.1 Development Description
Glenbeigh Construction Limited intends to apply to An Bord Pleanála for permission for a
Strategic Housing Development at this site of c. 5.37 hectares (including 0.42 hectares of
roadworks) at Rooske Road, townland of Rush (formerly Rusk), Dunboyne, Co. Meath. The site
is principally bounded by a dwelling (A86 DF40), farm buildings, and agricultural lands to the
north; agricultural lands to the east and south; and by Rooske Road to the west.
The proposed development will consist of the construction of a childcare facility and 226 No.
residential units, the latter comprising:
92 No. houses (comprising 50 No. four-bed two and three-storey terraced houses and
42 No. three-bed two-storey terraced houses); and,
134 No. apartments arranged in four blocks ranging in height from three to five
storeys (Block A, Block B, Block C and Block D, as identified on the Architects’
drawings) comprising 48 No. one-bedroom apartments; 78 No. two-bedroom
apartments; and 8 No. three-bed duplex apartments.
The development will also consist of the: demolition of a number of derelict structures (of the
former Rusk House) located to the north west except for a former stable structure that will be
retained and reutilised as part of the proposed childcare facility (389.5 sq m) and associated
play space; provision of private and public open space (including a new park, and play areas);
surface car parking (351 No. spaces); cycle parking (296 No. spaces); vehicular and pedestrian
access via Rooske Road; internal roads and pathways; pedestrian access points; 2 No. ESB
Substations; a temporary pumping station for foul water (which will be utilised until a new
permanent pumping station is provided at the adjacent lands to the east as part of their
development); 2 No. attenuation tanks; SUDs; lighting; signage; waste storage facilities; all
hard and soft landscaping; and all other associated site excavation, infrastructural and site
development works above and below ground including changes in level; boundary treatments
(including walls) and associated site servicing.
Connections with the existing water, wastewater and drainage infrastructure will be carried
out in accordance with Irish Water requirements.
The development will also consist of the upgrade of c. 440m of Rooske Road from the existing
footpath link at Chestnut Grove/St Peter’s GAA Dunboyne to the southern boundary of the
subject site, providing a 6m wide road and 3m wide combined cycle/footpath.
Rooske Road, Dunboyne, County Meath
Material Contravention Statement 2
TOM PHILLIPS + ASSOCIATES
TOWN PLANNING CONSULTANTS
Figure 1.1: extract of Site Location Map illustrating the site’s location proximate to established
residential areas and illustrating the site’s proposed linkages to servicing. (Source: Drawing No. 1803-
OMP-00-ST-DR-A-1000, prepared by O’Mahony Pike Architects.)
Rooske Road, Dunboyne, County Meath
Material Contravention Statement 3
TOM PHILLIPS + ASSOCIATES
TOWN PLANNING CONSULTANTS
1.2 This Document addresses the Potential issue of Material Contravention
This document seeks to address the issue of potential material contravention of the
Development Plan, as required under SHD legislation.
In terms of Development Plan compliance, the proposed development site is located on lands
with the Specific Objective ‘Residential Phase II (Post 2019)’ under the Meath County
Development Plan 2013-2019. Given the date of lodgement a decision on this Application will
be made in early 2020, therefore, if permitted the development on the subject lands will occur
in 2020 (i.e. post 2019).
Consequently, in our opinion, on that criterion the proposal is fully compliant with the Meath
County Development Plan 2013-2019.
In our professional planning opinion, the proposed development is in accordance with the
proper planning and sustainable development of the area being in line with a number of
objectives of the National Planning Framework, including the use of sustainable transport
options.
At Local Area Plan level, the issue of potential material contravention could arise due to the
phased development of residentially-zoned lands contained within the
Dunboyne/Clonee/Pace LAP 2009 – 2015 (as amended in 2015).
This document is designed to respond to those two scenarios.
Nonetheless, in our opinion, permission for the proposed development should be granted
permission having regard inter alia to the following:
1. Location
The subject site is located in Dunboyne, an established ‘Large Growth Town II’
according to the Development Plan, which is also in close proximity to Dublin, one of
the Country’s key employment centres.
2. Subject Lands can help solve the Housing Crisis
The subject lands can play a key role in addressing the housing crisis providing
housing within an established town and that enables sustainable transport to Dublin
and other key employment centres.
3. Dunboyne’s ability to support the use of Sustainable Transport
Dunboyne benefits from being served by two train stations (Dunboyne and Pace) and
is also accessible via the M3 Motorway. It is unique to have a town in Ireland with
two train stations enabling access into the Country’s Capital City. In our opinion, this
makes Dunboyne and the subject site uniquely suitable to provide residential
development in accordance with best planning practice.
Rooske Road, Dunboyne, County Meath
Material Contravention Statement 4
TOM PHILLIPS + ASSOCIATES
TOWN PLANNING CONSULTANTS
4. Dunboyne’s Designation as “Large Growth Town II”
Dunboyne is designated as a “Large Growth Town II” within the Development Plan
with a housing allocation in excess of 1,500 units for the life of the 2013-2019
Development Plan. Less that 20% of that allocation of units has secured planning
permission.
5. Limited Development on Phase I Lands
Having regard to the pattern of development in Dunboyne, and in particular the
relatively low number of permissions granted in the area since the making of the
Development Plan (i.e. there is very limited applications being made for development
on Phase I lands), in our opinion, development on Phase II lands is justified.
6. Precedent for development being granted on Phase II Lands
There is precedent within the Meath County Council administrative area for
permission being granted for Strategic Housing Development on ‘Phase II’ lands.
7. Proposed Development also includes all Necessary Infrastructure
The proposed development includes all the necessary infrastructure and servicing in
order to enable immediate development of much-needed housing on the subject
lands.
Rooske Road, Dunboyne, County Meath
Material Contravention Statement 5TOM PHILLIPS + ASSOCIATES
TOWN PLANNING CONSULTANTS
2.0 SITE CONTEXT
2.1 Location on Zoned Lands to the South of Dunboyne
The c. 5 ha subject site comprises greenfield lands situated to the east side of Rooske Road
some c. 1.2km south of Dunboyne town centre. The lands are bound by Rooske Road to the
west; greenfield agricultural land to the south and east; and farm and residential use to the
north.
The site is greenfield in nature. The site is relatively flat in topography, but with a gentle
eastwards slope. It falls approximately 2.5m from west to east across 300m distance. The site
is surrounded by existing hedgerows and trees along the boundary. A number of trees and
vegetation are grouped around existing farm ruins by the north-east corner portion of the site.
Rooske Road is a local road that connects Main Street at the Dunboyne Town Centre with
Dunboyne’s southern environs.
The site is surrounded by farm buildings. The Chestnut Grove residential development is
located c.170 m to the north. The site is close to St Peter’s GAA, Gaelscoil Thulach na nÓg,
Dunboyne Castle Hotel and residential development all situated to the lands’ north.
Dunboyne is served by a high-quality public transportation services in the form of two heavy
rail stops (namely Dunboyne Station and M3 Parkway Station), which connect Dunboyne with
the Dublin Docklands station. Dunboyne is also served by the Dublin Bus routes Nos. 70, 70d
and 270.
Figure 2.1: Aerial view with the indicative site boundary outlined in red. (Source Google Maps 2019
annotated by TPA, 2019.)
Rooske Road, Dunboyne, County Meath
Material Contravention Statement 6TOM PHILLIPS + ASSOCIATES
TOWN PLANNING CONSULTANTS
3.0 STATEMENT IN RELATION TO MATERIAL CONTRAVENTION OF THE DEVELOPMENT PLAN
3.1 Lands have Specific Objective ‘Phase II (Post 2019)
In this case, regarding the phased development lands set out in ‘Volume 5 Additional Policies
& Objectives for Local Area Plans – Dunboyne/Clonee/Pace LAP’ contained within the Meath
County Development Plan 2013-2019, the proposed development site is located on lands with
the Specific Objective ‘Residential Phase II (Post 2019)’.
The zoning objective for this site is ‘A2’:
“To provide for new residential communities with ancillary community
facilities, neighbourhood facilities and employment uses as considered
appropriate for the status of the centre in the Settlement Hierarchy”.
Figure 3.1: Extract of Extract of the Dunboyne North - Dunboyne – Clonee Land Use Zoning Objectives
Map of the Meath Cunty Development Plan 2013-2019.
Rooske Road, Dunboyne, County Meath
Material Contravention Statement 7TOM PHILLIPS + ASSOCIATES
TOWN PLANNING CONSULTANTS
Figure 3.2: Extract of the Dunboyne North - Dunboyne – Clonee Land Use Zoning Objectives Map of
the Meath Cunty Development Plan 2013-2019 with the indicative site boundary outlined in dashed
red.
In line with the guidance included in Section 2.3.4 of the Development Plan MCC carried out a
‘Residential Land Availability and Household Allocation’ evaluation, which highlighted an
excess of residentially-zoned land required to satisfy the household allocation for Dunboyne.
The Local Authority categorised those ‘A2 or B1’ zoned lands that should be classified ‘Phase
I’ or ‘Phase II’ on the basis of a number of factors such as:
1) Proximity to town centre.
2) Proximity and availability of public transport.
3) Availability of community and social infrastructure facilities.
4) The need to provide new roads infrastructure to facilitate development.
5) Development of infill sites.
6) Impact on built heritage.
According to Volume 5 of the Development Plan, the lands included in ‘Phase I’ are prioritised
for release during the lifetime of the Meath County Development Plan 2013- 2019. The
timeline for release of lands in ‘Phase II’ will be considered post 2019 in accordance with the
relevant Meath County Development Plan in place at that time.
Rooske Road, Dunboyne, County Meath
Material Contravention Statement 8TOM PHILLIPS + ASSOCIATES
TOWN PLANNING CONSULTANTS
The preparation of a new Development Plan was paused on May 2018 pending the publication
of the Regional Spatial and Economic Strategy, as provided by the Planning and Development
(Amendment) Act 2016.
Following the publication of the RSES 2019-2031 by the Eastern and Midland Regional
Assembly on 28th June 2019, Meath County Council resumed the preparation of the Draft
Meath County Development Plan 2020-2026, in accordance with section 12 of the Planning
and Development Acts 2000-2019. The Draft Plan is due to go on public display in December
2019.
The Dublin Metropolitan Area Strategic Plan (MASP) embedded in the Eastern and Midlands’
Regional Spatial and Economic Strategy, 2019 -2031 states with regards to the aspirations for
residential development in Dunboyne:
“Sequential development prioritising zoned and serviced lands near the railway
station and town centre and at Dunboyne North / M3 Parkway station”
In our interpretation, this does not preclude development of these lands at this time.
Dunboyne is not developing at the pace envisaged by the Development Plan and the
Local Area Plan and the Planning Authority has not placed any residentially-zoned
lands in the Vacant Site Register.
Therefore, in our opinion, the proposed Scheme has the potential to act as a
catalysator and encourage residential development to be activated in Dunboyne in
order to meet the growth objective established by the relevant national, regional and
local planning documents.
3.1 Proposed Development could be deemed as Contravening the Development Plan
Development of the subject site on ‘Phase II’ lands – whilst Phase I remain undeveloped - could
be construed as constituting a material contravention of the current Development Plan 2013-
2019. Should the Board be minded to consider that the proposal comprises a Material
Contravention we set out below in detail the reasons why permission should be granted for
the proposed Scheme.
Section 5 (6) of the Planning and Development (Housing) and Residential Tenancies Act 2016
states that:
“Where the proposed strategic housing development would materially contravene
the development plan or local area plan, as the case may be, other than in relation
to the zoning of the land, then the statement provided for the purposes of
subsection (5)(b)(i) shall indicate why, in the prospective applicant’s opinion,
permission should nonetheless be granted, having regard to a consideration
specified in section 37(2)(b) of the Act of 2000.”
Should the Board consider that the proposed development contravenes the Meath
Development Plan 2013 – 2019 other than in relation to the zoning of the land, given that the
lands are zoned A2 ‘New residential’ and the Specific Objective ‘Phase 2 (Post 2019)’, we
submit that the provisions of section 5 (6) of the 2016 Act are pertinent in this case and that
Rooske Road, Dunboyne, County Meath
Material Contravention Statement 9TOM PHILLIPS + ASSOCIATES
TOWN PLANNING CONSULTANTS
the proposed development should be assessed vis a vis section 37(2)(b) of the Act of 2000, (as
amended).
According to Section 37(2)(b)(iii) and (iv) of the Planning and Development Act 2000 (as
amended) the Board may grant a permission even if the proposed development contravenes
materially the Development Plan relating to the area of the planning authority to whose
decision the appeal relates, where it considers that:
iii. permission for the proposed development should be granted having regard to
regional planning guidelines for the area, guidelines under section 28, policy
directives under section 29, the statutory obligations of any local authority in the
area, and any relevant policy of the Government, the Minister or any Minister of the
Government, or
iv. permission for the proposed development should be granted having regard to the
pattern of development, and permissions granted, in the area since the making of
the development plan.
1
3&4
5
6
2
Site Location
Figure: 3.3: Map illustrating the location of the residential developments of more that 4 No. houses permitted
in Dunboyne in the last six years and the location of A2 zoned lands with the Objectives ‘Phase I’ and ‘Phase
II’. (Source: TPA review of: Meath County Council online planning information and Meath County
Development Plan 2013-2019.)
Rooske Road, Dunboyne, County Meath
Material Contravention Statement 10TOM PHILLIPS + ASSOCIATES
TOWN PLANNING CONSULTANTS
3.1.1 The proposal is in compliance with National Planning Policy
Chapter 9.2 of the National Planning Framework Project Ireland 2040 states that under the
NPF the Government will support:
“More energy efficient development through the location of housing and
employment along public transport corridors, where people can choose to use less
energy intensive public transport, rather than being dependent on the car.”
Dunboyne benefits from 2 No. train stations (Dunboyne station and M3 Parkway station) along
the local rail services with direct connections to Dublin City Centre. The subject site is located
within cycling distance to Dunboyne station.
Therefore, we submit that the proposed development will facilitate the use of sustainable
modes of public transportation thanks to its location in proximity to a high-capacity transport
corridor. Furthermore, by increasing the number of dwellings along key transport routes it will
contribute to maximise the return of the public investment in transport infrastructure.
Accordingly, we submit that the proposal is fully supported by national policy.
3.1.2 The Lack of Residential Development in Dunboyne makes the Proposed Development
Pertinent
Dunboyne is designated as a “Large Growth Town II” within the Development Plan. The Plan
states that growth for Dunboyne should be planned for a population in the order of 25,000
persons and it is important that new services and facilities should be provided as the town
expands.
Meath County Council Policy Objective TRAN SP 6 undertakes:
“To promote higher residential development densities within the Large
Growth Towns I and II and Moderate Sustainable Growth Towns, as
promoted by the Department of Environment Community and Local
Government’s ‘Guidelines for Planning Authorities on Sustainable Residential
Development in Urban Areas’ so as to support viable public transport
services.”
Rooske Road, Dunboyne, County Meath
Material Contravention Statement 11TOM PHILLIPS + ASSOCIATES
TOWN PLANNING CONSULTANTS
Figure 3.4: Site location (outlined in red) in relation to Dunboyne Rail Station and the estimated travel time by
bicycle. (Source: Google Maps. Annotated by TPA 18/10/2019.)
Table 9A included in Volume 5 Additional Policies & Objectives for Local Area Plans –
Dunboyne/Clonee/Pace LAP contained within the Meath County Development Plan 2013-2019
(see below) sets out the housing allocation for Dunboyne for the period of the Development
Plan (2013-2019).
Table 3.1: Source: Table 9A of the Volume 5 Additional Policies & Objectives for Local Area Plans –
Dunboyne/Clonee/Pace LAP.
According to Table 9A, 1,578 No. units were allocated to be provided in Dunboyne during the
six-year life of the Plan. However, the housing output in Dunboyne during that period has been
extremely limited and far from the quantum of residential development allocated.
TPA has carried out a Planning Application search of all the planning applications in Dunboyne
from the adoption of the Development Plan. The results of our investigations (we refer to
Rooske Road, Dunboyne, County Meath
Material Contravention Statement 12TOM PHILLIPS + ASSOCIATES
TOWN PLANNING CONSULTANTS
Figure 3.3 above and Table 3.2 below) show that there have been a very limited number of
planning permissions granted for residential development on ‘Phase I’ ‘A2’ zoned lands.
The planning search shows only 2 No. applications for residential schemes with 4 No. dwellings
or more on these lands were submitted since the adoption of the Meath County Development
Plan 2013-2019.
This lack of large-scale housing development is reflected in Dunboyne as a whole with only an
additional 3 No. Planning Applications for proposed developments of 4 No. dwellings or more
in the wider area since the beginning of 2013.
No. units
No. Reg. Ref Location Zoning permitted Decision date Status
Navan Road,
Dunboyne, Co.
1 DA140333 Meath A1/B1 75 No. dwellings 19 June 2014 Granted
Junction Of The
Avenue & The
Way
Dunboyne
Castle
Dunboyne, Co.
2 RA141084 Meath A1 6 No. dwellings 10 March 2015 Granted
Dunboyne Granted for
Castle Hotel & 18 No.
3 RA151320 Spa A1 28 No. dwellings 9 September 2016 dwellings
Dunboyne 18 No. dwellings
Castle Hotel & (amendment to
4 RA170101 Spa A1 RA151320) 29 March 2017 Granted
South of 7 June 2019 (1st party
Station Road, appeal made to ABP –
Dunboyne, Co. 99 no. dwellings and decision due by 6
5 RA180561 Meath A2 creche November 2019) Granted
The Walled
Garden
Dunboyne
Castle
6 RA181420 Road Dunboyne A2 20 no. dwellings 8 July 2019 Granted
Table 3.2: Planning Applications for proposed developments of 4 No. dwellings or more in Dunboyne
since the adoption of the Meath County Development Plan 2013-2019. (Source:
http://www.eplanning.ie/MeathCC/searchresults edited and annotated by TPA 28/08/19).
As shown in Table 3.2 above, only 218 No. dwellings have been permitted in Dunboyne in the
life of the current Development Plan 2013-2019. That number comprises only c.14% of the
housing allocation for Dunboyne. There is clearly a significant imbalance between Dunboyne’s
expected housing growth and the reality of the last 6 years.
The most recent Phase I Application, Reg. Ref. RA181420, was for a relatively small-scale
development of 20 No. dwellings. It received a Grant for Permission on 8 July 2019.
The first Phase I Application on zoned A2 lands is Reg. Ref. RA180561. MCC granted
permission, with a number of conditions attached, for that application for 83 No. dwellings
(increased to 99 No. dwellings at FI stage) and a creche on the 7th June 2019.
Rooske Road, Dunboyne, County Meath
Material Contravention Statement 13TOM PHILLIPS + ASSOCIATES
TOWN PLANNING CONSULTANTS
In the Meath County Development Plan 2013-2019, the focus for the development of the
Metropolitan Area is the consolidation of settlements and the promotion of development that
facilitates the integration of land use and transport. The site is c. 2.1km away from Dunboyne
Rail Station, well within walking distance to this high-quality public transport service. The
proposed development includes cycle paths and footpaths to increase the site’s connectivity
to the rail station and town centre.
It is considered that the notable lack of planning applications for any significant residential
development on ‘Phase I’ lands is having a negative impact on the planned population increase
for Dunboyne as a ‘Large Growth Town II’.
In this particular context, the release of lands through this sequentially phased basis is not
allowing Dunboyne to reach targeted growth within existing towns and villages in line with
Policy Objective TRAN SP 6 and NPF policy objectives.
On the basis of the above provisions, we submit that the Board can grant permission for the
subject development at the density proposed.
In the context of the lack of development that occurred on Phase I lands, it is pertinent in our
opinion to permit development on Phase II lands where the proposed development adheres
to the relevant land use zoning objectives (i.e. residential).
In addition, we note from the correspondence issued by Irish Water that a connection for
water and wastewater infrastructure can be facilitated as there is capacity in the area. The
Application also includes an upgrade to Rooske Road for safety purposes and also for the
provision of a cycling and pedestrian infrastructure.
It is therefore submitted that the proposal is fully compliant with the proper planning and
sustainable development of the area on the basis that all the necessary infrastructure will be
in place to ensure that the Scheme is fully in accordance with all the development
management standards and the residential amenity of potential future residents is adequately
provided.
Furthermore, in our opinion, the lack of development on Phase I lands is hampering
Dunboyne’s performance as a ‘Large Growth Town II’. We submit that the proposed
development and the units that it will deliver will assist in realising Dunboyne’s potential in
terms of population growth and will also contribute to maximise the return on transport
infrastructure.
We also submit that the proposal has the potential to act as a catalyst for development in
Dunboyne and promote the provision of much-needed housing in the area.
3.1.3 ABP Positive Decision on SHD Application on Phase II Lands
We refer the Board to the Decision made in relation to the Strategic Housing Development
Application Reg Ref. ABP-303433-19 for development of 913 No. residential units at
Dunshaughlin, County Meath.
Rooske Road, Dunboyne, County Meath
Material Contravention Statement 14TOM PHILLIPS + ASSOCIATES
TOWN PLANNING CONSULTANTS
A 10-year permission was granted for that development despite the location of a large portion
of the site on Phase II lands (c.758 units).
Therefore, in our opinion, the above precedent demonstrates that development of Phase II
lands under the current Development Plan is possible and in accordance with the proper
planning and sustainable development.
Rooske Road, Dunboyne, County Meath
Material Contravention Statement 15TOM PHILLIPS + ASSOCIATES
TOWN PLANNING CONSULTANTS
4.0 CONCLUSION
In summary, we submit that the proposed development is in compliance with the Meath
County Development Plan 2013-2019.
Notwithstanding, should the Board be of the opinion that the Application is not consistent
with the ‘Phase II’ specific objective, we submit that permission should be granted for the
proposed development on the basis of: current planning policy, the pattern of development
in the area, and previous Board’s positive decisions in relation to SHD Applications on ‘Phase
II’ lands.
We respectfully submit that permission for the proposed development should be granted
having regard inter alia to the following:
1. Location.
2. Subject Scheme can help solve the Housing Crisis.
3. Dunboyne’s ability to support the use of Sustainable Transport.
4. Dunboyne’s Designation as “Large Growth Town II”.
5. Limited Development on Phase I Lands.
6. Precedent for development being granted on Phase II Lands.
7. Proposed Development also includes all the necessary infrastructure.
Rooske Road, Dunboyne, County Meath
Material Contravention Statement 16Tom Phillips + Associates
80 Harcourt Street
Dublin 2
D02 F449
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