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In something of a throw-back to Celtic tiger days a large-scale residential application has been approved by An Bord Pleanala.  Such applications are a rarity these days.

The application initially consisted for a mixed use development comprising 281 residential units, a public park (4.91 h) community buildings, a 3 storey neighbourhood centre, new road junction access off Drogheda Road (N2) and associated works at Rathgory, Mulledrillen, Drogheda Road, Ardee, Co. Louth.  Permission was sought for a 10 year period.

The NRA objected to the proposed development stating that, notwithstanding the zoning designation of the land, the authority is concerned that the development as proposed will have a significant detrimental impact on the capacity, safety and operational efficiency on the national road network.

Louth County Council granted permission but the DoEH&LG and a local residents group appealed the decision. 

The applicants sent revised layouts into the Board reducing the number of units to 140.

The ABP Inspector concluded that Read the rest of this entry »

A question arose as to whether the use of a site for a skip business at Parkmore, Callan Road, Kilkenny is or is not development or is or is not exempted development.

The applicant’s case was based on the pre 1963 sand and gravel business which involved taking in virgin and waste sand and gravel, haulage of the material and sale of the material to builders, etc. It was submitted that a waste operation is not significantly different to the sand and gravel business.

 However, Read the rest of this entry »

 An application for a change of use from retail to gaming and amusement arcade and associated signage at ground floor, No 108 Parnell Street (corner of North Cumberland Street ad Parnell Street) Dublin 1 has been refused.

The application was refused by Dublin City Council even though permitted in principle under the zoning objective.

The ABP Inspector recommended a grant of permission having regard to the general mixed use character of the area, the various retail uses along Parnell Street and the location which is removed from the designated premier shopping streets of the City Centre Retail Core.

The Board however ultimately refused permission.  In deciding not to accept the Inspector’s recommendation to grant permission, the Board considered that there is an emerging pattern of gaming and amusement arcades in the general area and the proposed development, located in the sole commercial unit within a residential block, would seriously injure the amenities of the area.

This decision is a victory for the residents of the area who appealed but shows how the prevalence of a particular landuse in a local area can be used to form the basis of a refusal. 

Heineken Ireland/Bam Property Limited have received planning approval from An Bord Pleanala for a mixed use development of the 1.7973 hectares Beamish and Crawford brewery site at South Main Street, Cross’s Green, French’s Quay and Proby’s Quay, Cork.

 The proposal ranges from four to seven-storeys in height and includes for the construction of an Event Centre/Arena

• the conservation and change of use of protected structure and the extension to same for the use, inter alia, as an eight screen cinema cinema, shops, exhibition areas, restaurants, bars, viewing gallery and artist’s studios;
• the construction new retail and office units
• 10 no. work/live units
• the provision of 206 number student bed spaces in 46 number student apartments;
• the construction of two number pedestrian bridges across the River Lee

The total development proposed, including the retention/conservation of protected structures, measures 47,113 square metres. 

As part of the development it is proposed to provide a ‘brewery experience’ similar to the Guinness storehouse concept in Dublin.

 The Board granted permission subject to a number of design amendments. 

 Interestingly the Board also included a condition stating that prior to the commencement of development, the developer shall appoint a qualified ecologist to examine all structures on site for any potential roosts for bats or other protected species and, if any are identified, proposals shall be agreed for the safe removal of any such roosts in accordance with the relevant regulations.  Normally a derogation licence to remove or otherwise affect a protected species should be sent to the NPWS prior to planning being received so as to allow them the opportunity to comment.

Under the Planning and Development Act 2000 (as amended) An Bord Pleanala provision is made for 9 members to sit on the Board in addition to the Chairperson.  However, as it currently stands there are only 4 members sitting on the Board, including the Chairperson.  In my experience the bottleneck at An Bord Pleanala in terms of getting decisions out within the 18 week period has always been down to the size of the Board.  The inspectors have their reports ready on time but there are only 10 people to adjudicate on every appeal in Ireland.  Given that this 10 has become 4 the bottleneck is only going to get worse, irrespective of the fact that the actual number of appeals coming before the Board is lower.  To put this in perspective Read the rest of this entry »

Extensive flood maps of the Country (in Draft format) are now available to view on www.cfram.ie 

These maps were prepared as part of the Preliminary Flood Risk Assessment (PFRA) which is a requirement of the EU Flood Directive. The objective of the PFRA is to identify areas where the risks associated with flooding might be significant. These areas (referred to as Areas for Further Assessment, or ‘AFAs’) are where more detailed assessment is required to more accurately assess the extent and degree of flood risk. The more detailed assessment, that will focus on the AFAs, will be undertaken through Catchment Flood Risk Assessment and Management (‘CFRAM’) Studies.

Planning Authorities are already consulting with these maps when dealing with pre-planning applications and considering planning applications.  It is strongly advisable therefore, when preparing for a planning application, to make sure that these maps have been checked.  If a site is located within the 1:100 year flood event areas identified on the maps a Flood Impact Assessment is likely to be required as part of the application.

This case related to the use of a warehouse on Pearse Square (opposite Grand Canal Theatre) Dublin city for a public car park. The warehouse was previously used for the parking of vehicles associated with a vehicle trading business.

An Bord Pleanála concluded that

(a) the public car park is a change of use which is materially different from a warehouse use, inclusive of a warehouse used for the parking of vehicles associated with a vehicle trading business, by reason of :

• changes of trading patterns
• likely impacts on neighbouring amenity
• traffic management and on traffic safety

thus constituting development which comes within the scope of section 3 of the Planning and Development Act, 2000, and

(b) there is no provision for exemption Read the rest of this entry »

Kildare County Council referred a question to An Bord Pleanala as to whether a ‘Shomera’ structure in the rear garden of a house in Maynooth was exempted development.  The ‘Shomera’ was being used as a hobby room and for storage.

The Senior Inspector recommended that the structure was not exempted development referring to the excessive size and the use of the structure for additional habitable space to that of the main dwelling. Read the rest of this entry »

The development of the Dart Underground Electrified Heavy Railway from Inchicore to East Wall via the city centre was considered at a final board meeting on 7th December 2011.  The Board decided, unanimously, to grant the Railway Order, generally in accordance with the recommendation of the Inspector, and subject to modifications and conditions.

The Board approved the Order as the proposal:

(a) would provide strategic interconnection between existing and future public transportation systems thereby supporting improved integrated public transport in the wider Dublin region;

(b) would address the disjointed nature of the national rail network converging on Dublin, enabling more efficient functioning of regional rail services;

(c) would provide planning benefits and urban regeneration opportunities at the locations of new stations and in areas served by the alignment; Read the rest of this entry »

Westmeath County Council have granted permission for the development of the first phase of a Europe China Trading Hub on a 78-acre site at Creggan on the east side of Athlone, Co Westmeath.

The Europe China Trading Hub will function as an exhibition centre where buyers from Europe and the US can source Chinese products.

If completed, the trade hub will house 3,000 demonstration halls and employing 9,000 people.

The first phase involves just over 100,000sq m of development, including two exhibition halls each of more than 30,000sq m, with 270 display areas.

Parking for 1,370 cars and 18 bus bays are also provided as part of the development.

Further plans for the international trade hub will include a new railway station, hotels, restaurants, a theatre, leisure centre and a school.

Both the NRA and An Taisce have made submissions to the Council on the proposal, along with a number of local residents, and therefore the likelihood of a third party appeal is probable.

Following on from the casino proposal in Tipperary these applications show that there are at least some people who are still prepared to invest in large-scale development in Ireland.