MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL 7 TH JULY 2014 PROPOSED HOUSING DEVELOPMENT, CLONTIBRET HOUSE, FRASCATI ROAD, BLACKROCK, CO.

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1 MEETING OF DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL 7 TH JULY 2014 PROPOSED HOUSING DEVELOPMENT, CLONTIBRET HOUSE, FRASCATI ROAD, BLACKROCK, CO. DUBLIN IN ACCORDANCE WITH PART 8, ARTICLE 81 OF THE PLANNING AND DEVELOPMENT REGULATIONS PLANNING AND DEVELOPMENT ACT 2010 (AS AMENDED) AND SECTION 138 OF THE LOCAL GOVERNMENT ACT, 2001 PC/02/14 In accordance with Part 8, Article 81 of the Planning and Development Regulations, 2001 (as amended), Dún Laoghaire-Rathdown County Council gave notice of the proposed development in the Irish Independent on Tuesday the 17 th April Plans and particulars of the proposed development were available for inspection at the Planning Department, County Hall, Marine Road, Dun Laoghaire (between the hours of 10.00am and 4.00pm) and the Council Offices Dundrum Office Park, Dundrum (between the hours of 9.30am to 12.30pm and 1.30pm to 4.30pm) from Thursday 17 th April, up to and including Thursday 29 th May A copy of the proposed Part 8 could also be viewed on the County Council s website Submissions and Observations with respect to the proposed development could be made in writing / up to and including Thursday 12 th June Site Location and Description The site with a stated area of hectares is located within close proximity of Blackrock District Centre, at the corner of Frascati Road and Carysfort Avenue. The site is located to the rear of the open space serving Clontibret House, a twostorey local authority housing scheme located immediately north-west of the site. The site is currently overgrown and underutilised. The site s north-eastern boundary adjoins the Frascati Road, a dual carriageway. There is an existing concrete block wall, approximately 3 metres high, along the boundary of the site with Frascati Road. The site s south-eastern boundary adjoins an existing apartment block. The apartment block ranges in height from three to five storeys. There is a private dwelling house, which is also a Protected Structure, and a single storey shed on the adjoining site to the south-west. 2.0 Nature and Extent of the Proposed Development The proposed development comprises of the following: 4 no. one-bedroom, two-storey units for one and two persons. The site was previously granted approval for two three-storey houses (See 2.1 below). Following an estimate of need by the Housing Department and a feasibility study, four units for one and two persons were designed. 2.1 Planning History

2 D04A/0628: Permission Granted by Dún Laoghaire-Rathdown County Council for two no. two and part three storey townhouses with roof terrace at rear of Clontibret House, Carysfort Avenue and fronting Frascati Road. 2.2 Car Parking It is not proposed to provide car parking to serve the proposed development as the site is located within walking distance of Blackrock Dart Station and a Quality Bus Corridor. 2.3 Privacy Overlooking and privacy have been considered in the design of the proposed development. Windows and doors are proposed on the rear elevation at ground floor only, opening onto the yard and to the front at first floor level. There are no windows above ground level on the rear or side elevations of the proposed development. The design of the development ensures that the roof gardens do not overlook the residential property to the south-west. 2.4 Access & Open Space Each unit will be accessed at ground level via a gate in the boundary wall and served by an intercom. There is a small area of open space to the front of each unit that provides space for bin storage. There is a small paved area to the rear of each unit that is accessed via the bedroom. The rear boundary wall will be 2.3 metres in height and rendered in white plaster. This area will provide access for maintenance at the rear of the property. Each unit will also be served by a roof garden that overlooks the Frascati Road. The open space to serve the units ranges between and 41.3 square metres in extent. 2.5 Accommodation Accommodation at ground floor level consists of an entrance hall, double bedroom and bathroom. First floor level comprises of the living, dining and kitchen area. There is also a roof garden serving each unit. A boiler house at roof level is located adjoining the stairway to prevent overlooking of the adjoining gardens. The area of the units is as follows: Unit 1 62 sqm. Units 2, 3, 4 52 sqm. 3.0 Implications of the Proposed Development for the Proper Planning and Sustainable Development of the area: 3.1 County Development Plan Land Use Zoning Objectives The site is zoned A with a stated objective To protect and/or improve residential amenity. Residential development is Permitted in Principle on lands zoned objective A. 3.2 County Development Plan , Specific Local Objectives There are no specific local objectives contained in the County Development Plan relating to the site. 3.3 Relevant County Development Plan Policy

3 Policy RES3: It is Council policy to generally promote higher residential densities provided that proposals ensure a balance between the reasonable protection of existing residential amenities and the established character of areas, with the need to provide for sustainable residential development. In promoting more compact, good quality higher density forms of residential development it is Council policy to have regard to the policies and objectives contained in the following guidelines: Sustainable Residential Development in Urban Areas (DoEHLG, 2009) Urban Design Manual A Best Practice Guide (DoEHLG, 2009) Quality Housing for Sustainable Communities (DoEHLG, 2007). Policy RES4: It is Council policy to improve and conserve housing stock levels of the county, to densify existing built-up areas and to maintain and improve residential amenities in existing residential developments. Policy RES8: It is the policy of the Council to promote the provision of social housing in accordance with the projects outlined in the Council s Housing Strategy and in line with its broad based multi-annual Building Programme for social and affordable housing subject to the availability of appropriate approval and finance. The proposal includes the development of 4 residential units on a site with an area of hectares. This represents a density equivalent of 199 units per hectare. Section of the County Development Plan states where a site is located within circa 1 kilometre pedestrian catchment of a rail station and/or Luas line, and/or 500 metres of a Quality Bus Route, and/or 1 kilometre of a town or district centre, higher densities at a minimum of 50 units per hectare will be encouraged subject to residential development management standards. The proposed development is within 1 kilometre of Blackrock Dart Station and Blackrock District Centre and within 500 metres of the Frascati Road QBC. The proposed density is therefore considered acceptable. 4.0 Appropriate Assessment Article 6(3) and 6(4) of the Habitats Directive 92/43/EEC requires an appropriate assessment of any plan or project where the plan or project may give rise to significant effects upon a Natura 2000 site. Natura 2000 sites include Special Areas of Conservation (SACs) and Special Protection Areas (SPAs). Section 177U(1) of the Planning and Development Act 2000 (as amended) states a screening for appropriate assessment of a draft land use plan or application for consent for proposed development shall be carried out by the competent authority to assess, in view of best scientific knowledge, if that land use plan or proposed development, individually or in combination with another plan or project is likely to have a significant effect on the European site. Section 177U(2)(b) of the Act states A competent authority shall carry out a screening for appropriate assessment under subsection (1) before consent for a proposed development is given. Appropriate Assessment screening of the proposed development has been carried out. The screening report was prepared by Scott Cawley in accordance with Appropriate Assessment of Plans and Projects in Ireland Guidance for Planning Authorities (DoEHLG 2009), Part XAB of the Planning and Development Act 2000 (as amended) and the European Communities (Birds and Natural Habitats) Regulations 2011, S.I. No 477 of 2011.

4 The appropriate assessment screening found that 18 Natura 2000 sites lie within 15km of the proposed development. Of these, there were linkages between the proposed development and 4 Natura 2000 sites including South Dublin Bay csac, North Dublin Bay csac, South Dublin Bay and River Tolka Estuary SPA and North Bull Island SPA. However, the Screening Report has determined that the proposed development does not pose a risk of any likely significant adverse effects on the integrity or conservation objectives of the Natura 2000 sites. The reasons for this are set out on pages 15 to 19 of the AA Screening Report. The Screening Report also determined that there are no elements of the proposed development that could, on their own or in combination with other plans or projects, lead to a risk of significant impacts on Natura 2000 sites. 5.0 Departmental Reports: Environment Department: Report received from Recycling / Infrastructure Section dated 2 nd December 2013 states that there is no objection to the proposed development. Transportation and Water Services Department: Report received dated 28 th November 2013 states that there is no objection to the proposed development subject to one condition. Parks and Landscape Services: Report received dated 29 th November 2013 states that there is no objection to the proposed development. Property Management Section: Report received dated 2 nd December 2013 states that there is no objection to the proposed development. Libraries: Report received dated 3 rd April 2014 states that there is no objection to the proposed development. 6.0 PERSONS / BODIES / ORGANISATIONS WHO MADE SUBMISSIONS: In accordance with Part 8, Article 81 of the Planning and Development Regulations 2001, as amended, the Council gave notice of the proposed development in the Irish Independent on Tuesday 17 th April 2014 and indicated that submissions would be accepted up to and including Thursday 12 th June Twelve statutory bodies / organisations were notified of the proposed development. These included: Department of the Environment, Community and Local Government Department of Transport, Tourism and Sport Department of Communications, Energy and Natural Resources Department of Arts, Heritage and the Gaeltacht Office of Public Works National Transport Authority Irish Water Dublin Bus Dublin Cycling Campaign National Roads Authority An Taisce Environmental Protection Agency. Three submissions were received from Statutory Bodies, numbered as follows:

5 No Statutory Body / Organisation (& Contact) 3. Geological Survey of Ireland (GSI) 4. Department of Arts, Heritage and the Gaeltacht (Contact: Development Applications Unit) 6. Irish Water (Contact: Planning Applications Specialist) Address Beggars Bush, Haddington Road, Dublin 4 Newtown Road, Wexford P O Box 860, South City Delivery Office, Cork City Three submissions were received within the stipulated time period which are numbered as follows: No Name 1. M. Reynolds 2. B. Cramp 3. D. Coyle 6.1 Summary of the Issues Raised in the Submissions / Observations Received The submissions are duly noted and have been assessed accordingly. The issues raised and Chief Executive s responses are summarised as follows: Statutory Bodies / Organisations Key Issues: Issue Raised a. If a Geological Heritage Site with buffer is within the study area, the Geological Heritage and Planning Programme should be contacted for information and mitigation measures, if applicable. GSI would appreciate copies of reports detailing site investigations carried out. b. The Department of Arts, Heritage and the Gaeltacht have recommended that Archaeological Monitoring (as described in Submission No. 4) be carried out at the site and included as a condition in any grant of planning permission. c. Irish Water (IW) have no objection to the proposed development subject to the inclusion of two standard notes. Chief Executive s Response There is no such site or buffer within the site of the proposed development. The subject site does not include any Recorded Monuments or Zones of Archaeological Potential as identified in Appendix C Schedule 2 of the County Development Plan, The Department s requests are noted. The comments are noted.

6 Other Key Issues: Issue Raised d. Inefficient use of time and money. e. The need for Appropriate Assessment for such a small scheme is questioned. f. Proposal represents overdevelopment of the site and will result in the devaluation of the adjoining property, No. 36 Carysfort Avenue, a Protected Structure. g. Poor standard of residential amenity - Unit 1 will be dark internally and its garden space constantly overshadowed. h. The 8.6m high proposed building will block morning sunlight to the garden at No. 36 Carysfort. i. The adjoining property No. 36 is a Protected Structure including the boundary walls. Objection to part of the boundary wall between 36 Carysfort Avenue and the proposed site being replaced with a block wall. The detail shown on drawings with regard to boundary wall with No. 36 including height is incorrect. j. The proposed development will have a negative impact on Clontibret House since the existing dwellings have little outdoor space. The latter will be overshadowed by the proposed development in the early afternoon. k. The balcony of Unit 4 will directly overlook Clontibret House. Chief Executive s Response Comment noted. The obligation to undertake Appropriate Assessment (AA) derives from Article 6(3) and 6(4) of the EU Habitats Directive and the Planning and Development Act, 2000 (as amended) as detailed at Section 4.0 of this report. The proposed development continues the provision of quality accommodation by the local authority fronting the Frascati Road in Blackrock, is a considered response to its urban context and has been designed to protect the residential amenity of the adjoining residential properties. Unit 1 will be slightly larger than units 2, 3 and 4 and will have a well-designed roof garden that will receive west sunlight. The proposed building does not extend the full length of the garden serving No. 36 and it is therefore considered that the morning sun will reach the garden serving no 36. It is noted that there is a substantial single storey shed located in the garden serving No 36 which runs along the north-east boundary and extends up to the length of units 1 and 2 of the proposed development. The boundary wall is a party wall. In the event consent is not forthcoming to alter the boundary wall, it is intended to construct a wall just inside the boundary to protect the privacy of both parties. The height shown on the drawings is that of the proposed wall. The existing boundary wall is less than one metre in height. There is also overgrown vegetation along the boundary and a timber trellis that is located on the adjoining property No. 36 Carysfort Avenue. Clontibret House is in the ownership of Dún Laoghaire-Rathdown County Council. The comments are noted and the amenities of all adjoining residences were taken into consideration in the design of this development. The balcony wall is of sufficient height to prevent overlooking.

7 Issue Raised l. Proposal is a clever solution for a difficult site. m. It is not clear why there is a step in the front elevation. n. The value of having a triangular open space to the side of Unit 1 is questioned. o. If the front wall of the ground floor of the proposed units coincided with the back of the pavement, the ground floor could be redesigned to include this available space and to improve the yard space. p. The storage of the refuse bins appears to be unresolved. q. The improvement of the space available at ground floor level might allow for additional floor area for Units 2, 3 and 4 and provide a more generous layout to the living room. Chief Executive s Response Comment noted. The west boundary is not parallel to the east boundary. Accordingly the building line is staggered in order to maintain the garden to the back and the window to the bedroom. A garden area is required to allow access for future maintenance. A garden area is required to allow access for future maintenance including access for drainage runs and bin storage. The drawings clearly indicate a dedicated bin storage area to the front of each unit. The scheme has been designed to provide a small area of open space to the front and rear of each unit thereby enabling access for future maintenance. 7.0 CONCLUSION The proposed development is located in an area that is suitable for higher density residential development by reason of its proximity to public transport and Blackrock District Centre. The importance of making the most efficient use of each site, particularly sites in close proximity to good quality transport links, is recognised in the interests of sustainable development. It is considered that the proposed development represents an appropriate response to the site in terms of design and layout and protection of amenities. The proposed development is considered to be in accordance with the proper planning and sustainable development of the area. Recommendation Having regard to the zoning of the site and the provisions of the Dún Laoghaire- Rathdown County Development Plan, , the proposed development is considered to be in accordance with the proper planning and sustainable development of the area. It is recommended that a decision be made by the Elected Members of the Council to proceed with the proposed development in accordance with the drawings which were on display and to any such minor and immaterial alterations to the plans and particulars of the development subject to the following conditions:

8 1. Prior to commencement of development the following information shall be submitted for agreement by the Transportation and Water Services Department: a) A method statement detailing the construction and delivery of materials. Reason: In the interests of amenity safety and maintenance of adjoining roads and footpaths. Subject to the above approval, members are hereby notified in accordance with Section 138 of the Local Government Act, 2001 (as amended), of the intention to proceed with the proposed development. Accordingly, it is recommended that the following resolution be passed by the Council: The foregoing report of the Chief Executive is APPROVED and it is AGREED to proceed with the proposed housing development consisting of 4 no. one-bed, 2 storey units for one to two persons at Clontibret House, Frascati Road, Blackrock, Co. Dublin, in accordance with the drawings which were on display and any such minor and immaterial alterations to the plans and particulars of the development. G. Hayden Director of Services, Planning and Enterprise Department.