Irishplanningnews.ie

The Strategic Development Zone adopted for Cherrywood at the end of the Green Luas line in Dun Laoghaire Rathdown excludes the possibility of retail warehousing. The net effect is that Ikea will not be able to locate at this location as its stands.  The have appealed the content of the SDZ to An Bord Pleanala along with a number of other appellants including NAMA.

An Bord Pleanála has upheld Kildare County Councils decision to grant permission for a new chip plant that will produce the next generation of 14 nanometer (nm) microprocessors at it’s Leixlip campus in Co Kildare. It is estimated that 3,500 construction jobs will be created and about 800 permanent jobs.  The plan also includes a multi-storey carpark extending over five levels, a new chemical storage building, as well as ancillary works and a new retention pond to catch additional surface water runoff.

The Department of Environment, Community and Local Government have published guidelines for planning authority’s in relation to development contributions (planning levies).

Key features of the new guidance include:

 1. A requirement for planning authorities to establish reduced rates of contribution for projects such as:

• Developments in town centres
• IDA/Enterprise Ireland projects
• Broadband and sustainable energy infrastructure
• Change of use permissions which do not require upgraded infrastructure.

2. No exemption or waiver should apply to any applications for retention of development. Planning authorities are encouraged to impose higher rates in respect of such applications.

3. Double charging is prohibited: Any development contribution already levied and paid in respect of a given development should be deducted from the subsequent charge so as to reflect that this development had already made a contribution.

4. Development contribution schemes should appropriately promote the development of areas prioritised in their core strategies required  (eg: Incentivising activity through lower development contributions in the areas prioritised for development in the core strategy, with a complementary increase in the rate outside of these areas to ensure no shortfall in the council’s budget).

The Law Reform Comission has published a consolidated version of the Planning and Development Act 2000 – 2011.  Given the number of amndments to the PDA, 2000 this is a welcome development and should make consultation of the legislation far easier.

http://www.lawreform.ie/_fileupload/Restatement/Second%20Programme%20of%20Restatement/EN_ACT_2000_0030.PDF

A decision by Kildare County Council to grant planning permission for a dry-waste recovery/recycling management facility in Kilcullen Business Campus, Kilcullen, County Kildare has been overturned by An Bord Pleanala who refused permission.

The applicant has sought permission for a dry-waste recovery/recycling management facility for inorganic waste material, including an End of Life Vehicle recovery facility, vehicle compactor, non ferrous metals store and associated works.  There was significant local opposition from residents in Kilcullen and they appealed Kildare County Council’s decision to An Bord Pleanala. 

The Board’s inspector recommended that permission be refused and the Board agreed with this recommendation.  They refused permission for a total of 4 reasons.  The first reason related to the fact that the proposed development was not considered to be a light industrial use and would conflict with the planning authority’s objective for land use zoning (‘light industry and warehousing’). The second reason related to the impact of the proposed development on the amenities of residential property in the vicinity by reason of noise and general disturbance.  The third and fourth reasons related to insufficient information being provided in relation to traffic and groundwater pollution.

Irish Planning News is now availabe on Facebook.  ‘Liking’ the site will ensure that posts to irishplanningnews.ie will immediately update on your facebook account.

see http://www.facebook.com/irishplanningnews

A question came before An Bord Pleanala as to whether the occasional use of agricultural lands as a grass airstrip for private use by a light aircraft at Glenealy, County Wicklow constitutes development and whether it is exempted development.  Whilst there have been numerous decisions confirming that helipads are not exempted development I understand this is the first case of its kind to come before the Board in respect of an air strip on agricultural lands.

The owner of the airstrip had previously sought a declaration on the question from Wicklow County Council who decided that that is was development and was not exempted development.

An Bord Pleanála concluded that the established use of the land is for agricultural purposes, however, a change of use of the subject lands occurs for the time that aircraft approaches, lands and takes off.  The Board therfore concluded that this is a material change of use of the land.  On the basis of the written documentation submitted on behalf of the Referrer, this change of use of this nature has occurred on circa 72 occasions in the past 12 months and is not so fleeting or infrequent as to be considered a temporary change of use.  There is no exemption for such use in planning legislation.   Therefore the Board decided that the occasional use of agricultural lands as a grass airstrip for private use by a light airplane at Glenealy, County Wicklow is development and is not exempted development.

The net effect of this decision is that retention planning permission is now required to regularize the change of use of the land.

Offaly County Council are seeking submissions in relation to the preparation of a new development plan for the county. This is the non-statutory phase of the preparation of the initial draft plan and is very important in terms of informing the planners and councillors. Submissions are due by 4th February 2013.

Two proposals for large-scale cemeteries in south Dublin have met with differing outcomes following appeals to An Bord Pleanala.  An application for a cemetery in Lucan comprising 3,461 number plots, ancillary buildings and 40 number car parking spaces south of New Esker burial grounds has met with a favourable decision from An Bord Pleanala.  The Bord upheld the decision of South Dublin County Council who had recommended a grant of permission.  In making their decision the Board had regard to the location of the site, the established cemetery uses in the vicinity including the existing Esker cemetery which is approaching capacity, and to the zoning of the lands.

Another proposal for a cemetery in Rathcoole comprising 2,042 number plots, ancillary buildings and 100 car park spaces on a 3.5 hectare agricultural site at Calliaghstown Lower (near the Calliaghstown Riding Centre) was rejected by the Board. There were two reasons for refusal.  The first reason related to traffic hazard associated with the substandard public road serving the site and the restricted sightlines. The second reason resulted to public health arising from the potential for ground water pollution as there is a a seasonally high water table at this site, and the depth of unsaturated soil available to accommodate burials does not compare favourably with technical guidance available.

A question came before An Bord Pleanala as to whether the erection of a raised timber deck structure to the front of a dwelling house in Shankill is development or exempted development.

The raised timber deck structure is situated to the front of the dwelling and is accessed via steps from a hard surface driveway. It is enclosed by a guard rail and newel posts.

Dun Laoghaire Rathdown County Council had previously concluded that the development is not exempted development under section 4 (1) (h) of the Planning and Development Act, 2000 as the decking structure materially affects the external appearance of this dwelling in a manner that renders the appearance inconsistent with the character of the structure and neighbouring structures.

An Bord Pleanála has concluded that the raised timber deck was exempted development under the Planning and Development Regulations, 2001 (Class 6 (a) of Part 1 of Schedule 2).

However the guard rail and newel posts were not considered exempted development under the Planning and Development Regulations, 2001.  Furthermore they were not considered exempted development under section 4 (1) (h) of the Planning and Development Act.

Therefore the Board issues a split decision with the erection of the raised timber deck to the front being deemed exempted development and the erection of the guard rail and newel posts deemed not to be exempted development.