STATEMENT OF RESPONSE TO AN BORD PLEANÁLA'S CONSULTATION OPINION - Newtownpark Avenue ...

 
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STATEMENT OF RESPONSE TO AN BORD PLEANÁLA'S CONSULTATION OPINION - Newtownpark Avenue ...
STATEMENT OF RESPONSE TO
                                         AN BORD PLEANÁLA’S CONSULTATION OPINION

PREPARED FOR

PREPARED BY

      39 Fitzwilliam Place, Dublin 2
        Telephone: (01) 662 5803
   E-mail info@johnspainassociates.com

                                                      IN RESPECT OF A
                                           PROPOSED RESIDENTIAL DEVELOPMENT AT
                                         LANDS AT NEWTOWNPARK AVENUE, BLACKROCK,
                                                         CO. DUBLIN
                                                       DECEMBER 2020
STATEMENT OF RESPONSE TO AN BORD PLEANÁLA'S CONSULTATION OPINION - Newtownpark Avenue ...
December 2020                                                                                                                                                                                                     Statement of Response to An Bord Pleanála Opinion

                                                                                                                                                                                    DOCUMENT CONTROL SHEET
                                              TABLE OF CONTENTS

                                                                                                                                                  Client:                Glenveagh Homes Ltd
1.0      INTRODUCTION ........................................................................................................................1
2.0      STATEMENT OF RESPONSE TO SPECIFIC INFORMATION REQUIRED ...............................2                                                  Project Title:         Cluain Mhuire SHD

2.1      ITEM NO. 1 – DESIGN AND HEIGHT ........................................................................................2                 Document Title:        Statement of Response to An Bord Pleanàla’s Consultation Opinion
2.2      ITEM NO. 2 LEGIBILITY AND PERMEABILITY.........................................................................4
                                                                                                                                                  Document No:           19147ABPOR
2.3      ITEMS NO. 3 AND 4 LANDSCAPE MASTERPLAN AND DETAIL ............................................5
2.4      ITEM NO. 5 – TRANSPORTATION ............................................................................................9
                                                                                                                                                  Rev.         Status           Author(s)         Reviewed By        Approved By            Issue Date
2.5      ITEM NO. 6 – DRAINAGE AND SURFACE WATER..................................................................9
2.6      ITEM NO. 7 – TAKING IN CHARGE...........................................................................................9
                                                                                                                                                   DV1             DV1             NR                 MN                  RK                01-10-2020
2.7      ITEM NO. 8 – CHILDCARE FACILITY .......................................................................................9
2.8      ITEM NO. 9 – BUILDING LIFE CYCLE .................................................................................... 10                  F01             F01             MN                  JS                 MN                16-12-2020

2.9      ITEM NO. 10 – HOUSING QUALITY ASSESSMENT ............................................................... 10
3.0      CONCLUSIONS ....................................................................................................................... 10

                                                        LIST OF FIGURES

Figure 2.1 – Site Layout showing relationship to adjoining properties .............................................2
Figure 2.3 – CGIS View of Blocks C and D within the site ..................................................................3
Figure 2.4 –Aerial view of the site looking north .................................................................................3
Figure 2.5 – View of the entrance of the site from Newtownpark Avenue .........................................4
Figure 2.6 – View towards the site from (and including) St Catherine’s............................................4
Figure 2.6 – Proposed connections to the boundary of the subject site ...........................................5
Figure 2.7 – Tree Location Plan showing trees to be retained and planted ......................................6
Figure 2.3 – Landscape Masterplan .....................................................................................................8
Figure 2.9 – Proposed Pedestrian Crossing as shown below ............................................................9
Figure 2.10 – Extract from P1050 - Taking in Charge Plan .................................................................9

John Spain Associates                                                                                                                                                                                                           Planning & Development Consultants
                                                             i
STATEMENT OF RESPONSE TO AN BORD PLEANÁLA'S CONSULTATION OPINION - Newtownpark Avenue ...
December 2020                                                                                                                                                                           Statement of Response to An Bord Pleanála’ Opinion

1.0       INTRODUCTION                                                                                                        •   “Additional transportation details for the site having regard to the requirements of the
                                                                                                                                  Transportation Planning Division as indicated in their report, dated 07th May 2020, contained in
1.1       The pre-application consultation opinion from An Bord Pleanála in relation to the proposed                              Appendix B of the Planning Authorities Opinion.”
          strategic housing development at lands to the rear of Cluain Mhuire, Newtownpark Avenue,
          Blackrock, Co. Dublin was received on the 14th July 2020 (case reference no. ABP-307088-20).                        •   “Additional drainage details for the site having regard to the requirements of the Drainage Division
                                                                                                                                  as indicated in their report contained in Appendix B of the Planning Authorities Opinion.”
1.2       The opinion states that An Bord Pleanála “has considered the issues raised in the pre-application
          consultation process and, having regard to the consultation meeting and the submission of the                       •   “A site layout plan showing which, if any, areas are to be taken in charge by the planning authority.”
          planning authority, is of the opinion that the documents submitted with the request to enter into
          consultations constitute a reasonable basis for an application for strategic housing development.”                  •   “Further justification for non-provision of childcare facility, including childcare demand analysis
                                                                                                                                  and likely demand for childcare places resulting from the proposed development.”
1.3       Article 285(5)(b) of the Planning and Development (Strategic Housing Development) Regulations
          2017 states:                                                                                                        •   “A Building Life Cycle Report in respect of the proposed apartments as per section 6.13 of
                                                                                                                                  Sustainable Urban Housing: Design Standards for New Apartments- Guidelines for Planning
           ‘(5) At the conclusion of a pre-application consultation, the Board may do either or both of the                       Authorities (2018)
          following: (b) notify the prospective applicant that specified information should be submitted with
          any application for permission for the proposed development, including photographs, plans, maps,                    •   “A housing quality assessment which provides specific information regarding the proposed
          drawings or other material or particulars and, where the Board considers it appropriate, either or                      apartments and which demonstrates compliance with the various requirements of the 2018
          both—’.                                                                                                                 Guidelines on Design Standards for New Apartments, including its specific planning policy
                                                                                                                                  requirements. This should also include a schedule of floor areas for all proposed units, clearly
1.4       The pre-application consultation opinion from An Bord Pleanála states pursuant to Article                               setting out the aspect (single, dual, triple) of each unit.”
          285(5)(b) that the following specific information should be submitted with any application for
          permission:                                                                                                   1.5       A detailed response to each of the points raised above has been provided within this response
                                                                                                                                  report and has been included as part of the planning application documentation.
      •   “Further consideration and/or justification of the documents as they relate to the height and design
          strategy. In this regard, the prospective applicant should satisfy themselves that the design                 1.6       The Opinion from the Board also notes that:
          strategy for the site as it relates to height provides the optimal architectural solution for this site
          and should submit a rationale/justification for the heights/setbacks proposed. CGIs, visualisations                     “Pursuant to article 285(5)(a) of the Planning and Development (Strategic Housing Development)
          and cross sections, as necessary, should be submitted which clearly show the relationship                               Regulations 2017, the prospective applicant is informed that the following authorities should be
          between the proposed development and existing development in the immediate and wider area                               notified in the event of the making of an application arising from this notification in accordance
          and which illustrates the topography of the area. Details should also include interactions with                         with section 8(1)(b) of the Planning and Development (Housing) and Residential Tenancies Act
          nearby Protected Structures, Cluain Mhuire and St. Catherine’s, and their associated lands;                             2016:”
          boundary treatments and public realm.                                                                                           1. Irish Water;
                                                                                                                                          2. Department of Culture, Heritage and the Gaeltacht;
          The proposed development shall have regard to inter alia, national policy including the National                                3. Transport Infrastructure Ireland;
          Planning Framework and Sustainable Urban Housing: Design Standards for New Apartments                                           4. National Transport Authority;
          (March 2018) and local planning policy, the site’s context and locational attributes.                                           5. An Taisce-the National Trust for Ireland;
                                                                                                                                          6. Heritage Council;
          Furthermore, the applicant is advised that an appropriate statement in relation to section 8(1)(iv)                             7. Failte Ireland;;
          of the Planning and Development (Housing) and Residential Tenancies Act 2016, that outlines                                     8. An Comhairle Ealaionn
          consistency with the relevant development plan and that specifically addresses any matter that                                  9. Dun Laoghaire Rathdown County Childcare Committee.
          maybe considered to materially contravene the said plan, if applicable, should be submitted.”
                                                                                                                        1.7       With reference to the above, the above Authorities have been sent a copy of the SHD application.
      •   “Further consideration of cycle and pedestrian connections including legibility and permeability
          through the development site to lands at Dunardagh and other surrounding areas. A layout plan
          highlighting such connections should be provided.”

      •   “Landscaping proposals including an overall landscaping masterplan for the development site and
          a site layout plan indicating the full extent of tree retention and removal.”

      •   “Details pertaining to the quantity, type and location of all proposed hard and soft landscaping
          including details of play equipment, street furniture including public lighting and boundary
          treatments.”

John Spain Associates                                                                                               1                                                                                 Planning & Development Consultants
STATEMENT OF RESPONSE TO AN BORD PLEANÁLA'S CONSULTATION OPINION - Newtownpark Avenue ...
December 2020                                                                                                                                                         Statement of Response to An Bord Pleanála’ Opinion

2.0     STATEMENT OF RESPONSE TO SPECIFIC INFORMATION REQUIRED                                                        Figure 2.1 – Site Layout showing relationship to adjoining properties

2.1     The following sets out how the applicant has addressed the Board’s request for additional
        information in respect of the proposed development.

2.1     Item no. 1 – Design and Height

2.2     Item 1 of the An Bord Pleanála opinion relates to the design and height regarding the relationship
        between the proposed development and the existing developments, protected structures and
        topography.

2.3     Item no. 1 states:

        “Further consideration and/or justification of the documents as they relate to the height and design
        strategy. In this regard, the prospective applicant should satisfy themselves that the design
        strategy for the site as it relates to height provides the optimal architectural solution for this site
        and should submit a rationale/justification for the heights/setbacks proposed.”

        “CGIs, visualisations and cross sections, as necessary, should be submitted which clearly show
        the relationship between the proposed development and existing development in the immediate
        and wider area and which illustrates the topography of the area. Details should also include
        interactions with nearby Protected Structures, Cluain and St. Catherine’s, and their associated
        lands; boundary treatments and public realm.”

        “The proposed development shall have regard to inter alia, national policy including the National
        Planning Framework and Sustainable Urban Housing: Design Standards for New Apartments
        (March 2018) and local planning policy, the site context and locational attributes. Furthermore, the
        applicant is advised that an appropriate statement in relation to section 8(1)(iv) of the Planning
        and Development (Housing) and Residential Tenancies Act 2016, that outlines consistency with
        the relevant development plan and that specifically addresses any matter that maybe considered
        to materially contravene the said plan, if applicable, should be submitted.”

2.1.1   Height and Design

2.4     In response to this item, a detailed Architectural Design Report has been prepared by Henry J
        Lyons and accompanies this application. The report includes justification and details of the design
        rationale and layout for the proposed development. Sections are also provided showing the
        relationship with adjoining development.

2.5     The subject site is an infill site located adjacent to Cluain Mhuire Family Centre and St Catherine’s
        both of which are protected structures. The site also adjoins the Guardian Angels National School
        to the south and existing residential dwellings to the east and north. The infill nature of the site
        and the sensitivity of the adjoining land uses required careful consideration in this regard. The
        proposed scheme as submitted has been designed to include appropriate setbacks from the
        existing residences and protected structures as illustrated below;

John Spain Associates                                                                                             2                                                                 Planning & Development Consultants
STATEMENT OF RESPONSE TO AN BORD PLEANÁLA'S CONSULTATION OPINION - Newtownpark Avenue ...
December 2020                                                                                                                                                                  Statement of Response to An Bord Pleanála’ Opinion

2.6     The proposed building heights have been designed to directly correspond with the topography of                      ‘In conclusion, the assessment found that the development would have no negative landscape
        the site. The fall from north to south across the site is approximately 3.6m. This is based on the                  or visual effects and it can be considered an appropriate intervention in the evolving landscape
        existing site levels with the highest point being to the north east of Block D (+24.400). The lowest                of Blackrock.’
        point is to the south west of Block B (+20.800). Accordingly, the proposed building heights across
        the site step from 5 storeys at Block B (the lowest point), 4- 5 storeys at Block C and down to 2-3         Figure 2.2 – CGIS View of Blocks C and D within the site
        storeys at Block E. The transition from 3 storeys to 4 storeys (Block E to Block D at the north of
        the site) is considered a suitable design response considering the massing of the buildings in the
        context of the protected structures. Block E contains duplex units stepping from 2 to 3 storeys in
        height directly responding to the adjoining single and 2 storey residences located to the east.

2.7     Block C and D reach 4 to 5 and 5 storeys respectively at the centre of the site. The buildings have
        been carefully placed to allow for the retention of as many as possible of the existing trees onsite,
        including an additional Category A tree when compared to the extant permission on the site and
        the proposal as submitted to an Bord Pleanála for pre-application consultation (see Figure 2.3
        below). We note the redesign of the basement and road layout within the site to accommodate
        additional tree retention onsite when compared to the proposal submitted at pre-application stage.

2.8     As illustrated in the Architectural Design Report increased building massing and/or height, over
        and above which is now proposed, was not considered suitable at this location given the need to
        protect views to and from the adjoining protected structures at the centre of the site. It is
        considered that the proposed design is the optimal solution for the subject lands, having regard to
        the site’s characteristics and the proximity of adjoining structures.

2.9     Block B to the south west of the site reaches 5 storeys in height. A similar exercise was conducted
        in this regard following the Board’s opinion and the design team concluded that given the proximity
        to the existing school additional height was not considered suitable at this location. The proposal
        as presented meets all required BRE guidance in terms of solar access, overshadowing and
        daylight access. Additional building massing would not be considered suitable in light of the
                                                                                                                    Figure 2.3 –Aerial view of the site looking north
        sensitive location of adjoining protected structures, the need to retain Category A trees on the site
        and to respect and ensure the privacy of the existing dwellings on Newtownpark Avenue.

2.10    We also refer the Board to the extant permission (Reg. Ref. D15A/0036,ABP PL06D.245945) on
        the site for 48 units which includes a density of 36 units per ha and maximum building height of 3
        storeys. The subject scheme has been carefully considered given the location of the site c. 1km
        from Seapoint DART station and national policy guidance, including the National Planning
        Framework and Sustainable Urban Housing: Design Standards for New Apartments (March
        2018), Urban Development and Building Heights Guidelines for Planning Authorities December
        2018 and local planning policy. Accordingly, the design team and the applicant respectfully submit
        that the scheme as proposed and the increase in density, compared to the extant permission, is
        entirely appropriate in terms of height, scale and massing in the sensitive context of the subject
        site.

2.11    To conclude, given the sensitive nature of the surrounding protected structures, the need to retain
        protected views and vegetation on the site and the constrained nature of the site in terms of the
        interface with adjoining lower density residential development, the proposed density, design and
        building heights as proposed on site are considered suitable for the site context and location and
        that the architectural design solution, has had regard to the context as well as national strategic
        guidance in promoting sustainable densities, in proximity to public transport.

2.1.2   CGIs and Visualisation

2.12    We also refer to the CGIs and visualisations prepared by Modelworks which accompany the
        subject application. Verified Views have also been prepared and are addressed within the
        Landscape and Visual Impact Statement prepared by Modelworks which concludes;

John Spain Associates                                                                                           3                                                                            Planning & Development Consultants
STATEMENT OF RESPONSE TO AN BORD PLEANÁLA'S CONSULTATION OPINION - Newtownpark Avenue ...
December 2020                                                                                                                              Statement of Response to An Bord Pleanála’ Opinion

Figure 2.4 – View of the entrance of the site from Newtownpark Avenue        2.1.3   Material Contravention Statement

                                                                             2.13    In addition, we refer the Board to the Statement of Material Contravention prepared by John Spain
                                                                                     Associates. The statement includes a suitable justification (in accordance with the provisions
                                                                                     under Section 37(2)(b) of the Planning and Development Act 2000) for the proposed height of the
                                                                                     scheme which exceeds the maximum 4 storey height as set out in the Blackrock Local Area Plan
                                                                                     2015-2021 (as extended).

                                                                             2.14    The statement includes a detailed assessment of the proposal in relation to the requirements of
                                                                                     the Urban Development and Building Height Guidelines (2018) (the guidelines) and the National
                                                                                     Planning Framework. Specifically, we note the guidelines state;

                                                                                     “to meet the needs of a growing population without growing out urban areas outwards requires
                                                                                     more focus in planning policy and implementation term on reusing previously developed
                                                                                     “brownfield” land, building up urban infill sites (which may not have been built on before)
                                                                                     and either reusing or redeveloping existing sites and buildings that may not be in the optimal usage
                                                                                     or format taking into account contemporary and future requirements”.

                                                                             2.15    The subject application meets this requirement. The statement also specifically addresses the
                                                                                     criteria under SPPR 3 of the guidelines and conclude;

                                                                                     “the proposed building heights are considered appropriate for the subject site and meet the
                                                                                     requirements of the development management criteria in the Guidelines.”

                                                                             2.16    The statement concludes;

                                                                                     “As set out in Section 37(2)(b) and Section 28(1)(C) of the Planning and Development Act 2018
Figure 2.5 – View towards the site from (and including) St Catherine’s               (as amended), An Bord Pleanála may materially contravene a development plan where national
                                                                                     planning policy objectives take precedence. In particular, under Section 9(3)(b) of the 2016 Act,
                                                                                     as amended, provides that to the extent that they differ from the provisions of the Development
                                                                                     Plan or Local Area Plans, the provisions of SPPRs must be applied instead. In the present context
                                                                                     the most relevant of these requirements SPPR 3A of the Building Height Guidelines which applies
                                                                                     to the assessment of this application to the Board. It is submitted that the performance criteria
                                                                                     under Section 3.1 and 3.2 have been satisfied in this regard by the development as proposed.

                                                                                     It is respectfully submitted that should An Bord Pleanála consider the proposed development is a
                                                                                     material contravention of the Dun Laoghaire Rathdown County development Plan 2016-2022 and
                                                                                     the Blackrock Local Area Plan 2015-2021, an appropriate justification is set out within this
                                                                                     statement demonstrating that the proposed development should be considered for increased
                                                                                     building heights and density due to the location of the subject site, the overall context of the wider
                                                                                     development, adjacent to high-quality public transport corridors, and the policies and objectives
                                                                                     set out within the Urban Development and Building Heights Guidelines 2018.”

                                                                             2.2     Item no. 2 – Legibility and Permeability

                                                                             2.17    Item no. 2 seeks:

                                                                                     “Further consideration of cycle and pedestrian connections including legibility and permeability
                                                                                     through the development site to lands at Dunardagh and other surrounding areas. A layout plan
                                                                                     highlighting such connections should be provided.”

                                                                             2.18    Cycle and pedestrian connections are provided within the site in accordance the Blackrock Local
                                                                                     Area Plan 2015 – 2021 (as extended). A future potential pedestrian, cycle and vehicle connection
                                                                                     is provided to the boundary of the subject site at the south-west of the site, which will allow for
Source: Modelworks
                                                                                     connectivity through to the adjoining boundary of St Catherine’s (Dunardagh) when it is developed.

John Spain Associates                                                    4                                                                               Planning & Development Consultants
STATEMENT OF RESPONSE TO AN BORD PLEANÁLA'S CONSULTATION OPINION - Newtownpark Avenue ...
December 2020                                                                                                                                                                    Statement of Response to An Bord Pleanála’ Opinion

        The connection is proposed to the boundary wall and to be implemented upon redevelopment of                           Figure 2.6 – Proposed connections to the boundary of the subject site
        St Catherine’s, as envisaged by the Blackrock LAP 2015-2021. We note that the Traffic and
        Transport Assessment by DBFL Consulting Engineers includes a Sensitivity Analysis including
        the future potential traffic movements through the site as a result of this connection and future
        potential development at Dunardagh. The proposed road has been designed accordingly and the
        analysis found that:

        ‘The results of the sensitivity analysis therefore indicate that with the addition of the development
        traffic arising from the potential future development of the lands to the west of Cluain Mhuire, the
        proposed priority controlled access junction onto Newtownpark Avenue continues to operate
        within capacity with minimal delays.’

2.19    A second future pedestrian and cycle connection will also be provided to the north of the site which
        can connect through to St Catherine’s (Dunardagh), when it is developed (as indicated in the
        Blackrock LAP). It is provided to the site boundary as part of the subject proposal. In addition, a
        vehicle access point for staff is provided through to Cluain Mhuire, adjacent to the main entrance
        to the subject site from Newtownpark Avenue. This access point will be used by staff only and will
        be maintained throughout the construction phase of the development. This access arrangement
        was provided for in the extant permission and was agreed with the HSE and the applicant as part
        of the sale of the lands.

                                                                                                                    2.3       Item nos. 3 and 4 – Landscape Masterplan and Detail

                                                                                                                    2.20      Items no. 3 and 4 and seek:

                                                                                                                          •   “Landscaping proposals including an overall landscaping masterplan for the development site and
                                                                                                                              a site layout plan indicating the full extent of tree retention and removal.”

                                                                                                                          •   “Details of proposed tree protection measures during construction. Details pertaining to the
                                                                                                                              quantity, type and location of all proposed hard and soft landscaping including details of play
                                                                                                                              equipment, street furniture including public lighting and boundary treatments should be
                                                                                                                              submitted.”

                                                                                                                    2.21      In response to the above we refer the Board to The Landscape Design Statement and
                                                                                                                              accompanying drawings prepared by NMP Landscape Architects. We also refer the Board to the
                                                                                                                              Arboricultural Assessment prepared by Charles McCorkell which includes a tree removal (Drawing
                                                                                                                              No. 190911-P-11) and protection plan (Drawing No. 190911-P-12) and details on tree protection
                                                                                                                              measures to be implemented during construction.

John Spain Associates                                                                                           5                                                                              Planning & Development Consultants
STATEMENT OF RESPONSE TO AN BORD PLEANÁLA'S CONSULTATION OPINION - Newtownpark Avenue ...
December 2020                                                                                                                                                     Statement of Response to An Bord Pleanála’ Opinion

2.22    Hard and soft landscape treatment proposals are included at Drawing nos. 901 – 903 of the                 Figure 2.7 – Tree Location Plan showing trees to be retained and planted
        landscape drawings pack. The landscape strategy aims to integrate the new development with
        the existing landscape context through a significant planting scheme on the site. Replacement of
        existing trees on the site which must be removed due to the presence of Japanese knotweed is
        required. A survey carried out by Enviroguide Consulting (see accompanying Ecological Impact
        Assessment Report (EcIA)) has identified the continued presence of the invasive species at the
        site.

2.23    Following extensive analysis, excavation of the knotweed is recommended by Enviroguide. This
        approach will provide for the removal of the species and the future well-being of new planting on
        the site.

2.24    An Invasive Species Management Plan for the removal of the species is included in the EcIA. The
        assessment notes that herbicides are not considered a suitable method of treatment in this
        instance as construction will commence immediately on the grant of planning permission.
        Herbicide removal takes a minimum of three to four years to successfully complete. We also note
        that the country is experiencing a housing shortage and it is not feasible to delay commencement
        of construction (by 3 to 4 years to allow for the herbicide treatment method) and therefore
        excavation of the Japanese Knotweed from the site is required. The proposed excavation
        methodology is the more efficient method of removal.

2.25    The presence of the knotweed on the site has influenced the landscape proposal for the scheme.
        In order to ensure the success of new planting, the Japanese knotweed must be totally removed.
        Extensive new planting is proposed throughout the site.

2.26    This is further incorporated into the documentation prepared by NMP which illustrates tree
        retention and a proposed planting scheme for the site (as illustrated at Figure 2.7 below). We also
        refer to the public lighting plan prepared by Waterman Moylan Engineering Consultants. Full
        details are included on above items as required.

John Spain Associates                                                                                         6                                                                 Planning & Development Consultants
STATEMENT OF RESPONSE TO AN BORD PLEANÁLA'S CONSULTATION OPINION - Newtownpark Avenue ...
December 2020                                                                    Statement of Response to An Bord Pleanála’ Opinion

Figure 8 – Extract - Tree Protection Plan including proposed site services

John Spain Associates                                                        7                 Planning & Development Consultants
STATEMENT OF RESPONSE TO AN BORD PLEANÁLA'S CONSULTATION OPINION - Newtownpark Avenue ...
December 2020                                                                                  Statement of Response to An Bord Pleanála’ Opinion

Figure 2.9 – Comparison drawing showing the pre-application proposal and amendments made
to address the ABP Opinion

John Spain Associates                                                                      8                 Planning & Development Consultants
December 2020                                                                                                                                                                     Statement of Response to An Bord Pleanála’ Opinion

2.4     Item no. 5 – Transportation                                                                                2.6    Item no. 7 – Taking in Charge

2.27    Item no. 5 of the An Bord Pleanála opinion states:                                                         2.31   Item no. 7 seeks:

        “Additional transportation details for the site having regard to the requirements of the                          “A site layout plan showing which, if any, areas are to be taken in charge by the planning authority.”
        Transportation Planning Division as indicated in their report, dated 07th May 2020, contained in
        Appendix B of the Planning Authorities Opinion.”                                                           2.32   In response to this item we refer the Board to the enclosed Taking in Charge Plan (Drawing No.
                                                                                                                          P1050) by Henry J Lyons Architects (showing the areas to be taken in charge in turquoise) with
2.28    A detailed response to this item is included within Section 4.4 of the accompanying Traffic and                   an extract shown below;
        Transport Assessment prepared by DBFL Consulting Engineers. A Mobility Management Plan
        has also been prepared by DBFL and accompanies the application. We also note the provision of                     Figure 2.11 – Extract from P1050 - Taking in Charge Plan
        a Toucan crossing on Newtownpark Avenue as requested by the Council Transportation Division
        as shown below;

        Figure 2.10 – Proposed Pedestrian Crossing as shown below

                                                             Proposed Toucan Crossing as
                                                             required by DLR COCO

                                                                                                                          Source: HJL

        Source: DBFL                                                                                               2.7    Item no. 8 – Childcare Facility

2.5     Item no. 6 – Drainage and Surface Water                                                                    2.33   Item no. 8 is seeking:

2.29    Item no. 6 (i) of the An Bord Pleanála opinion states:                                                            “Further justification for non-provision of childcare facility, including childcare demand analysis
                                                                                                                          and likely demand for childcare places resulting from the proposed development.”
        “Additional drainage details for the site having regard to the requirements of the Drainage Division
        as indicated in their report contained in Appendix B of the Planning Authorities Opinion.”                 2.34   We refer the Board to the enclosed Creche Needs Assessment prepared by John Spain
                                                                                                                          Associates. The report demonstrates that there is sufficient capacity in the area to accommodate
        “Any surface water management proposals should be considered in tandem with any Flood Risk                        the minimal demand that will be generated by the subject proposal. The demand does not give
        Assessment, which should in turn accord with the requirements of The Planning System and Flood                    rise to a commercially viable creche unit and it is considered that there is sufficient provision is the
        Risk Management including associated technical Appendices.”                                                       locality in this regard. The assessment concludes;

2.30    A detailed response to this item is included at Section 3 of the Infrastructure Design Report                     “JSA contacted the DLR County Childcare Committee to seek information on creche provision in
        prepared by DBFL Consulting Engineers. The response addresses each of the items raised in the                     the area. The DLRCCC indicated that they did not have information on capacity or
        Council’s report.                                                                                                 numbers. While they considered that from a policy perspective a creche may be required, the
                                                                                                                          creche demand assessment, has demonstrated that there are 17 no. creche operators in the

John Spain Associates                                                                                          9                                                                                Planning & Development Consultants
December 2020                                                                                                                                                                 Statement of Response to An Bord Pleanála’ Opinion

        area. Seven of the operators did not provide information on childcare numbers, but the remaining            3.2   The document also addresses the specific information requested by An Bord Pleanála and
        11 no. childcare providers indicated c. 610 childcare places and a vacancy of c. 24 places in the                 identifies the source or location of the response within the planning submission documentation.
        environs of the subject site. Additional childcare capacity in the area would accrue from the 6 no.
        childcare operators which did not provide information. In addition, the St. Teresa’s SHD included           3.3   The relevant prescribed authorities identified in the pre-application consultation opinion from An
        c. 47 no. childcare places, which would further add to overall capacity in the area.                              Bord Pleanála have also been notified of the submission of the planning application in accordance
                                                                                                                          with Section 8(1)(b) of the Planning and Development (Housing) and Residential Tenancies Act
        Having regard to the proposed nature of the mix of the proposed development, that even if all of                  2016.
        the 2 and 3 bedroom apartments required childcare places, (a 21 place requirement) they could
        be accommodated within the existing spare capacity from the JSA survey (which equated to c.                 3.4   The layout and design changes incorporated into the final scheme will result in improvements to
        24 places). The proposal would comprise (assuming all 2 and 3 bed units in assessment) just                       the overall design and layout and will provide a sustainable approach to the development of these
        3.3% of childcare places in the area (of 11 operators who gave information) and is likely to be                   lands. It is respectfully submitted that the proposed development is consistent with the proper
        lower if remaining 6 no. operators provided detail on childcare numbers. Having regard to the                     planning and sustainable development of the area, and is consistent with all relevant national,
        QNHS Survey, the actual demand is anticipated to be significantly below the 21 no. places and                     regional and local planning policies and guidelines and respectfully request that An Bord Pleanála
        is considered to be as low as 3 no. places (c. 25% of pre-school children) of the overall population              grants permission for the proposed development.
        equivalent (216 population 80 x 2.7).”

2.35    Notwithstanding, should the Board feel that creche provision is required on the site, it is
        respectfully requested that this may be addressed by way of condition. We note there is sufficient
        area within the concierge/reception building to accommodate the same should this be necessary.

2.8     Item no. 9 – Building Life Cycle

2.36    Item no. 9 is seeking:

        “A Building Life Cycle Report in respect of the proposed apartments as per section 6.13 of
        Sustainable Urban Housing: Design Standards for New Apartments- Guidelines for Planning
        Authorities (2018).”

2.37    A Building Life Cycle Report prepared by Henry J Lyons Architects in respect of the Sustainable
        Urban Housing: Design Standards for New Apartments- Guidelines for Planning Authorities is
        enclosed with this application.

2.9     Item no. 10 – Housing Quality Assessment

2.38    Item no. 10 is seeking:

         “A housing quality assessment which provides specific information regarding the proposed
        apartments and which demonstrates compliance with the various requirements of the 2018
        Guidelines on Design Standards for New Apartments, including its specific planning policy
        requirements. This should also include a schedule of floor areas for all proposed units, clearly
        setting out the aspect (single, dual, triple) of each unit.”

2.39    In response to this item a Housing Quality Assessment (HQA) prepared by Henry J Lyons
        Architects accompanies this application submission. The HQA demonstrates full compliance with
        the Guidelines on Design Standards for New Apartments as required.

3.0     CONCLUSIONS

3.1     This document outlines how the items outlined in the pre-application consultation opinion from An
        Bord Pleanála in relation to the proposed residential development at lands adjacent and to the
        rear of Cluain Mhuire Family Centre have been addressed in full by the applicant and design team
        prior to lodgement of the application to An Bord Pleanála.

John Spain Associates                                                                                          10                                                                           Planning & Development Consultants
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