COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, October 08, 2007

HEADED ITEM NO. 9

HEADED ITEM: T. Doherty

REPLY:

LC//07 REPORT ON MOTION RE APPLICATION TO VARY SOUTH DUBLIN COUNTY DEVELOPMENT PLAN 2004-2010 AT NEWCASTLE FOR 171.99 HECTARES (425 ACRES).

The following report by the Manager was circulated and READ at the meeting of Lucan/Clondalkin Committee held on 19th June, 2007 and was deferred to the Committee meeting of 19th September to allow the Manager and the developer to meet. At the meeting of the Committee held on 19th September, the Supplementary Report was submitted and is also appended.

MEETING OF LUCAN-CLONDALKIN AREA COMMITTEE (1)

Tuesday, June 19th 2007

MOTION 4

MOTION: Councillor G. Cullen

That this Committee recommends that South Dublin County Council initiates a variation to South Dublin County Development Plan 2004 - 2010 in respect of land at Newcastle, Co. Dublin outlined in red on the attached map. It is proposed to vary the plan in the following manner to allow for an increase in housing output in the County, to provide a more sustainable mix in the housing provision in the County, to provide for the long term planning of the Newcastle area, to secure the “housing for locals” plan for the area, to provide a southern relief road for the village of Newcastle and to provide a public park along the Griffeen river within the subject lands.

It is therefore proposed to change the zoning of the land outlined in red on the attachedmap from objective B, (to protect and improve Rural Amenity and to provide for the development of Agriculture), and partly objective GB (Green Belt) to objective A1, (to provide for new Residential Communities in accordance with Approved Area Plans).

A Specific Local Objective as follows must be included in the zoning:-

Specific Local Objective.

A detailed local area plan is to be prepared for the development of these lands and must be approved by the elected members of this Council. This Local Area Plan will comply with the Regional Planning Guidelines for the Greater Dublin Area, as well as all other relevant regional and national planning guidelines. The local area plan must contain the following commitments.

(i)300 houses known locally as “houses for locals initiative” must be built and allocated before any other houses in the development can be sold. These are to be provided at a density of not more than 15 houses per acre. It is acknowledged that a planning application for these houses can be made and considered during preparation of the LAP for the newly zoned lands. These homes must not be less than 93m2 in floor area.

(ii)Subject to the agreement of South Dublin County Council the Developers of the zoned land will meet their commitments under Part V of the Planning Acts for all of the land zoned for housing in this proposal in the following manner.

A planning application for 600 units will be prepared and lodged within six months of the adoption of the Local Area Plan. The mix of houses in this element will be agreed with South Dublin County Council. These houses will be made available to people on the South Dublin affordable housing list on terms which will be agreed with South Dublin County Council in accordance with the provisions of Part V of the Planning Acts. These houses could all be completed and allocated within two years of planning being granted.

(iii)A relief road to the south of the village must be provided linking College Lan with the Athgoe Road before any houses in the new development are occupied. The boundary treatments on this road must be of a high quality. An indicative route for this road is shown on the map. Before any houses in the new development are occupied. The boundary treatments on this road must be of a high quality.An indicative route for this road is shown on the map.

(iv)The local area plan must be clear on the phasing of the development over a 10/15 year period. However no houses in the proposed development can be sold, with the exception of the “houses for locals”, until after 2010.

(v)The new plan must take account of the existing LAP for Newcastle to ensure proper continuity and integration of the existing and the expanded town.

(vi)The local area plan must provide a map which will clearly show the maximum density per acre allowed on different areas of the zoned land. Theses densities must comply with the relative planning guidelines. Overall density should be 14 houses per acre.

(vii)A site of approximately 15 acres must be made available which may be used for the provision of a secondary school and or an additional primary school if and when the need arises. In the interim, this site will be landscaped and set out as additional parklands/playing fields for the use and enjoyment of the community. The site must be handed over to the Community before any development takes place on the newly zoned land.

(viii)The local area plan will have to be clear on the need for further schools and must be definite about when the sites for these schools are to be made available.

(ix)A wetlands park and a linear park of at least 60 acres along the section of Griffeen river within the zoned lands must be completed before any houses on the zoned lands are sold, with the exception of the “houses for locals”.

(x)It must be clear in the local area plan that any development on the newly zoned lands will have to incorporate the most up to date energy efficient building methods and where practical the most appropriate forms of renewable energy sources.

(xi)The local area plan must include a commitment that all development will be capable of being connected to the most up to date communication technology.

(xii)Any new retail facilities in the vicinity of the planned Lamberton hotel should not detract from the planned commercial area of the town in the existing LAP.

(xiii)An area of at least two acres must be provided in a central location which could accommodate a community building/heritage centre, children’s playground, a basket ball court, library, a tennis court and/or other community/ youth facilities.

(xiv)Wherever possible, landscaped walkways/pedestrian/cycle ways will be installed throughout the development, linking up with, and providing easier local access to shopping and other facilities, and the existing Village.

(xv)Landscaping and planting of trees must be completed with the relief road and with each phase of the development, as it progresses

REPORT

Introduction

The proposed variation provides for the rezoning of 425 acres of greenfield agricultural land between the Villages of Newcastle and Rathcoole. The lands are currently zoned mainly ‘Objective B’, ‘To protect and improve rural amenity and to provide for the development of agriculture’. A part of the lands located between Newcastle and Greenogue Industrial Estate is currently zoned ‘Objective GB’, ‘To preserve a green belt between development areas’.

It is proposed to re-zone the entire lands to ‘Objective A1’, ‘To provide for new residential communities in accordance with approved area plans.’

Having reviewed the proposal it is considered that -

Regional Planning Guidelines – Greater Dublin Area 2004-2016

The lands are located within the Metropolitan Area as designated in the Regional Planning Guidelines – Greater Dublin Area 2004-2016 (RPG-GDA). The Planning and Development Act 2000 requires planning authorities “to have regard to any regional planning guidelines in force for its area”. The Act also empowers the Minister to “by order, determine that planning authorities shall comply with any regional planning guidelines in force for their area”. The zoning provisions in the County Development Plan were framed in terms not only of the RPG-GDA but also in terms of the Planning Act. The statement in the Motion that “this Local Area Plan will comply with the Regional Planning Guidelines for the Greater Dublin Area as well with all other relevant regional and national planning guidelines” is incorrect. The re-zoning of the 425 acres (which would predate the Local Area Plan proposed in the motion) would be contrary to the RPG-GDA.

The following provisions of the RPG-GDA are considered to be most relevant to consideration of the proposed variation.

Key Objectives of RPG–GDA:

The consolidation of the urban centres located within the Metropolitan Area, and the definition of clear boundaries of urban centres to ensure a clear division between rural and urban areas are key objectives of the RPG-GDA. In this regard the RPG-GDA identifies Lucan, Clondalkin and Tallaght as urban centres at the level of Metropolitan Consolidation Towns, and as the only urban centres in South Dublin County.

Strategic Policies of the RPG–GDA

The following Strategic Policies of the RPG–GDA are to be applied by all planning authorities in the Metropolitan Area:

Some Relevant Recommendations of the RPG – GDA:

Recommendation 7.7 Development Plans in the GDA should include consideration of policies to delineate the city, towns, and villages from the adjoining rural areas by the designation of development envelopes, stop lines, and contour thresholds as appropriate.

Recommendation 7.8 Development Plans in the GDA should, where appropriate, identify and designate urban fringe areas (e.g. between the urban areas and the Strategic Green Belt areas) and include policies on appropriate land uses in those areas. The need to achieve a clear demarcation between urban and rural areas is an important element of the strategy, derived from the principles of sustainable development.

Recommendation 7.10 In zoning additional lands for residential use, planning authorities should select only land on the basis of meeting all three of the following criteria: –

Except for limited provision for local needs, lands that do not conform to these criteria should not be zoned.

It is considered that the proposed re-zoning of the lands at the edge of Newcastle is not consistent with the above objectives, policies and recommendations of the RPG-GDA on the following basis:

South Dublin County Development Plan 2004-2010

The County Development Plan contains an overall strategy for the future development of the county. The Plan has a series of aims, policies and objectives and it identifies a number of key opportunities which are critical to the long term strategic development of the County.

Strategic infrastructural projects that have been or are being provided in the County are focused on the integration of land use and transportation in accordance with the strategic objectives of the Council and with those of other bodies e.g. RPG-GDA and DTO. These projects include the Kildare Route project, LUAS and its extensions to Saggart and Lucan, Metro West, M50 Upgrade, N7 Upgrade, Outer Ring Road etc. The lands the subject of the proposed re-zoning are located outside the primary development areas of the County and the development of the lands as proposed will not be integrated with existing and planned infrastructure provision.

Three elements of the Council’s overall strategy are of particular relevance in the consideration of the proposed variation.

Strategic Opportunities

The proposal will conflict with a number of strategic opportunities identified in the Development Plan, including,

Aims

In addition the proposal is also in conflict with a number of aims set out in the Plan including:

The above strategic aims are expressed in greater detail in a number of Key Development Plan policies, in particular Policy H1 and Policy H9.

Policy H1 Sustainable Placemaking Model states:

It is the policy of the Council that all new developments in the County shall be carried out in accordance with the ‘Sustainable Placemaking Model’ as set out in Chapter 11.

The detailed rationale for the ‘Sustainable Placemaking Model’ is set out in the preamble to Chapter 11 – Urban Design. The model reflects closely the general objective set out in the Residential Density Guidelines, the RPG-GDA, and the DTO Strategy–A Platform for Change, to arrest the pattern of low-intensity, segregated-use suburbanization that has resulted in unsustainable urban sprawl throughout the Dublin Metropolitan Area.

Policy H9 Adamstown Strategic Development Zone states:

It is the policy of the council to secure the implementation of the Adamstown Strategic Planning Scheme.

The SDZ lands at Adamstown which comprise of 533 acres are planned to provide a maximum of 10,150 housing units at a maximum overall density of 19 units per acre. The Adamstown Strategic Planning Scheme provides for residential development at a range of densities, including substantial areas of housing at densities of 14–20 houses per acre.

A similar planning scheme is currently being prepared for the newly designated SDZ lands at Balgaddy/Clonburris which comprise of 650 acres and which is expected to yield in excess of 11,000 housing units. Local Area Plans for Tallaght and Liffey Valley Town Centres also provide for substantial residential development.

This Council has invested substantial resources in planning and promoting the implementation of the above schemes and through these initiatives has been widely recognized as a leading national innovator in the planning of sustainable urban development.

The proposed variation bears little or no relationship to these provisions of the statutory County Development Plan or to other plans of the County Council including the Newcastle Local Area Plan.

Supply of Serviced Land

Currently there are 741 hectares (1,831 acreas) of undeveloped land zoned or identified for residential development in the county without any planning permissions. Of this 741 hectares, 159 hectares are zoned A, 510 hectares are zoned A1, and the balance of 70 hectares is other zoned land which could accommodate residential development (Town Centre etc.). These lands would have a capacity of 31,410 housing units based on the current pattern of permitted densities. This is sufficient to provide for the anticipated housing needs of the County for the next 10 years at current take up rates.

As of December 2006 there were 5,733 residential units under construction in the County including 1,678 houses. In addition there were outstanding permissions where construction had not yet commenced for 3,562 residential units including 1,118 houses.

There is therefore more than sufficient zoned lands to ensure an adequate supply of serviced land to meet anticipated needs and to ensure that development in the County takes place in a planned way to avoid uncoordinated sprawl. The focus of the Council is to ensure that area plans are brought forward and approved to facilitate the provision of housing on zoned land.

It is noted that the proposed variation is being promoted by the landowners concerned on the basis that there is a deficiency in the supply and mix of housing being provided in the County, and that the proposed variation will help to remedy this perceived deficiency. It is contended by the proposers that many prospective house purchasers are buying houses in outlying counties due partly to price but also because, in South Dublin in particular, they cannot get the product they want.

It is evident that there is no shortage of zoned, serviced land in this county as detailed above. It is also evident that the type of housing being developed in the county is largely determined by market considerations. It appears therefore that any perceived deficiency in the range of house types available relates to the prices at which developers are prepared to supply any particular type of housing unit. It is evident that substantial areas of existing zoned and serviced lands could be developed, at the county baseline density of 14-20 units per acre, but these lands are not being brought forward due to market considerations. It does not follow therefore that this affordability gap will be bridged by increasing the supply of land when there is already more than sufficient zoned and serviced land available.

Zoning Criteria

It is noted that the proposed re-zoning relates to lands that were the subject of proposals for rezoning of agricultural lands at Newcastle made in respect of the Draft South Dublin County Development Plan 2004-2010, which were not accepted by the Council in the making of the new Development Plan.

In deciding which areas of land were appropriate for re-zoning the following criteria or tests were applied to all requests for re-zoning in the County Development Plan. These criteria were –

a) Need

The amount of land to be zoned for any particular land-use had to be clearly based on, and justified by a realistic assessment of need.

This realistic assessment of need does not apply to the current proposal to rezone 425 acres south of Newcastle village.

It is noted that the current Development Plan re-zoned an additional 356 acres of land for housing in ALL of South Dublin County – the current proposal suggests the re-zoning of 425 acres on one side of one village.

b) Policy Context

Both the amount of land to be zoned for development and the proposed location of that land should be influenced by other plans and strategies, from national to local level. The National Spatial Strategy, Regional Planning Guidelines and the infrastructure plans and programmes of State and semi-state bodies will be of importance and particular regard must be had to these. In addition, re-zoning proposals must have regard to any other relevant guidelines and directives.

There is little evidence that the current proposal complies with these requirements and is in fact directly contrary to the statutory plan in place for the county – the County Development Plan 2004-2010.

c) Water, Drainage and Roads Infrastructure

Re-zoning proposals must also have regard to the existing and future availability of infrastructure when making decisions to zone land.

The current proposals do not indicate that the strategic issues of water supply and surface water and waste disposal have been addressed.

There are current constraints on the future availability of water supply and waste treatment facilities for the Metropolitan Area. In these circumstances it is considered prudent that existing capacity should be allocated on the basis of current zoned lands with particular regard to the requirements arising in the major development centres of the County.

The road infrastructure in the immediate vicinity is entirely inadequate for this proposal and there is no public transportation (in place or planned) to service the development arising from the proposed variation. Accordingly, such development would result in the generation of vehicular traffic towards Lucan and Clondalkin and to the Naas Road as a corridor to the City Centre.

d) Supporting Infrastructure

Consideration must be given to the future availability of supporting infrastructure, such as community facilities, health-care, education, public open space, retail and commercial provision and public transport when allocating land for development.

e) Physical Suitability

Land in greenfield locations should be capable of being developed without the necessity for excessive investment in infrastructure provision likely to result in long term public costs.

The proposed variation makes provision for a new unplanned southern by-pass of Newcastle which is premature pending the completion of a comprehensive review of the future road infrastructure to serve the western part of the County having regard to SLO 43 in the current County Development Plan.

f) Sequential Approach

In order to maximise the utility of existing and future infrastructure provision and promote the achievement of sustainability, a logical sequential approach was taken to the zoning of land for development. Accordingly, zoning should extend outwards from the core of an urban area, with undeveloped lands closest to the core and public transport routes being given preference (i.e. there should be no ‘leapfrogging’ to more remote areas); and areas to be zoned should be contiguous to existing zoned development lands.

The proposed variation provides for re-zoning of lands extending outwards for a considerable distance from the southern boundary of the Newcastle Local Plan Area. Meanwhile lands to the north of and in close proximity to the village centre would remain according to the proposed variation in agricultural zoning. The “logical sequential approach” is clearly absent from the proposal.

As noted above the Council’s criteria/tests for zoning/re-zoning were largely re-stated in Guidelines for Planning Authorities on Development Plans issued by the Department of Environment, Heritage and Local Government (DEHLG) recently. The DEHLG’s criteria are –

The Development Plans Guidelines (2007) were issued to all planning authorities under Section 28(1) of the Planning and Development Act.

Planning authorities must have regard to such guidelines in the carrying out of their functions”

Agricultural Land

The proposed variation provides for over 400 acres of agricultural land to be rezoned for urban development. Having regard to the extent of existing zoned residential lands it is evident that the proposed variation is not consistent with the policy of the Council in its Development Plan (Policy EE15: Agriculture) to protect valuable agricultural land from pressures for development not associated with the agricultural and horticultural industries, through the zoning and development control objectives of the Development Plan. In this regard it is noted that a current EU Thematic Strategy on the protection of soil includes a proposal for a Soil Framework Directive which seeks to limit the depletion of greenfield lands.

Newcastle Local Area Plan

The Newcastle Local Area Plan comprises of 103 acres and is planned to provide a maximum of 1,330 housing units at an overall density of 13 units per acre. There are already zoned development lands in Newcastle that will generate close to 2,000 additional residential units. A Local Area Plan was adopted for Newcastle in 2003, further to an extensive public consultation process. The Plan provides a development envelope for the village which will facilitate balanced development that integrates with the existing settlement and provides for the services, infrastructure and amenities required to serve the expanded village.

At the end of 2006 there were 344 homes under construction in Newcastle Village, including 225 houses. In addition existing planning permissions for development not yet commenced provide for a further 642 units, and there is capacity in the remaining zoned lands at Newcastle to accommodate a further 936 homes.

In 2002 the population of Newcastle was approximately 1,100. Current permissible development will equate to 5,000-6,000 additional residents in Newcastle over the next few years. This is planned and phased development, with requirements for schools, parks, shopping etc.

The lands the subject of the proposed variation would yield in the region of 5,000 further houses, at the proposed overall density of 14 houses/acre. The combined total would therefore result in up to 7,000 dwellings or approximately 21,000 additional residents in the vicinity of Newcastle Village. This represents a threefold increase in the planned population as provided for in the Newcastle Local Area Plan. The development could involve an increase in population by a factor of almost 20 over and above what the population of the village had been in 2002.

The existing LAP provides for relatively low density housing. It also seeks to make provision for very low-density housing at densities of only 4-8 dwellings per acre located on the periphery of Newcastle, which will generate in the region of 150 houses on larger sites in proximity to the Village centre. Specific provision was made in the Plan to allow for a greater variety in housing density and for individual dwellings on large plots at the settlement edge by the re-zoning of 32 acres additional to the lands zoned under the 1998 County Development Plan.

The footprint of the proposed re-zoning is approximately twice that of the existing zoned area of the village. It would result in a development pattern similar to existing development in the Griffeen Action Plan area. This level of development would radically alter the whole character of Newcastle village and the area in general. There is little difference between the average density proposed on the existing LAP lands (c13 dwellings per acre) and the density of the proposed rezoning (14 dwellings per acre).

It is evident from past experience that the scale of development proposed cannot support viable public transport services. It would therefore result in traffic congestion, with car-borne residents having great difficulty in exiting their estates at peak times.

The density proposed makes it almost impossible to provide a coherent urban structure or hierarchy to accommodate shopping, employment and community facilities etc. Most journeys must be made by car and to be viable, shops must agglomerate in ‘strip malls’ i.e. supermarket developments with some unit shopping and large surface car parks. This is acknowledged to be an unsustainable form of development.

The southern boundary of the proposal is some 1.3 kilometres from Main Street, Newcastle. Yet to the north of the Main Street and within 200 metres of the Main Street / Peamount Road junction are lands zoned ‘B’ (Agriculture). The proposal identifies a large tranche of land to the south of the village for development and much of it is remote for anyone without a car. Yet for lands within a stone’s throw of the village centre on its north side the proposal is silent. There is a complete imbalance with regard to location in the proposal.

It is completely unclear, not only how the scale of development proposed is justified but also, how the location is justified with regard to the sustainable expansion of Newcastle village. Part of the proposal at its eastern end (i.e. towards Rathcoole) is some 2 kilometres from the village centre, and is in fact closer to Main Street, Rathcoole than it is to Main Street, Newcastle. This form of development sprawl is actively discouraged by current National and Regional planning and environmental policy guidance.

Affordable Housing

Current development commitments in Newcastle have generated approximately 150 social / affordable housing units to date. A further 150 homes are expected to be generated on the balance of the existing zoned lands.

Low-Density Housing in South Dublin County

A number of sites in South Dublin County have been developed or have the potential for high quality low-density housing (4-8 houses per acre). These include the following:

It is evident that demand for such low-density housing represents a relatively narrow sector of the housing market, and does not warrant large-scale provision of such houses in one part of the County. Current Development Plan provision for low-density housing, as detailed above, adequately provides for choice of location within the County. This is more likely to satisfy the particular needs of those who wish to curtail their daily commuting journeys. It is also apparent that developers have been and are prepared to undertake developments designed to cater for the demands of this market sector, having regard to the relative attractions of particular locations and to the economic feasibility of such development.

It should be noted that the development of houses at such low densities on the proposed variation lands would necessarily result in a commensurate increase in the average density of development on the remainder of the lands, with the possibility that parts of the overall development could significantly exceed the proposed average density of 14 units per acre.

Conclusion

RECOMMENDATION

It is recommended that the Motion not be adopted.

Supplementary Report to Motion relating to proposed variation of County Development Plan at Newcastle (submitted also to the September meeting of Lucan/Clondalkin Committee)

Contact was made with the proposer of the development seeking a variation to the County Development Plan as a consequence of the deferral of the motion at the June Lucan/Clondalkin meeting to this meeting. In the absence of the Council being able to depart from the position detailed heretofore in correspondence with the proposer, and in the report to the June Committee meeting, it was mutually agreed that there was no point in the Manager and the Developer having a meeting on the issue.

In relation to the Renewable Energy aspect in the proposal the County Development Plan provides as follows:-

7.24.4 Policy EC 4 Renewable Energy

7.24.4.i It is the policy of the Council to support national and international initiatives for limiting emissions of greenhouse gases and to seek to provide positively for the development of appropriate renewable energy sources.

7.24.4.ii Renewable energy comes from natural, inexhaustible sources such as the sun, winds, falling water, oceans, plants and the earth. Renewable energy can also be derived from a range of waste products such as sewage, refuse and agricultural waste.

7.24.4.iii In conjunction with the appropriate agencies, the Council shall carry out a study to identify areas suitable for renewable energy development (including hydro electricity and wind generation) and to examine the renewable energy technologies best suited to the County that make use of the natural resources in a sustainable manner, having regard to the renewable energy resources of the County and to any constraints there might be on their development, and shall insert a list of suitable locations in the Development Plan by way of variation. In the preparation of the Study, the Council shall also have regard to the ‘Draft Planning Guidelines’ on Wind Energy Development’, August 2004, published by the Department of the Environment, Heritage and Local Government, or as may be amended from time to time and, any other relevant guidelines such as may be published from time to time by Government departments or agencies, or appropriate professional bodies. The Council will encourage best practice development to ensure the long term success of these endeavours. The use of alternative forms of energy supply in rural dwellings will be considered on merit by the Council.

12.10.2.i The Council will respond to planning applications for renewable energy developments on a case by case basis. They will be considered in the context of the Government’s strategy taking into account other Council policies on land usage relating to sectors such as agriculture, tourism and outdoor recreational activities, the protection of the scenic area of the County, and sensitive ecological sites, and any relevant guidelines issued from time to time by the Department of the Environment, Heritage & Local Government or other Government department or agency. As noted in Chapter 7, the Council will prepare a spatial study in conjunction with other relevant agencies and groups to identify suitable sites for renewable energy developments.

The study to identify suitable sites for renewable energy development has not been undertaken by the Council in conjunction with the appropriate agencies at this stage and accordingly the initiation of a variation using renewable energy as a basis would be entireable inappropriate having regard to the other planning and sustainable development considerations give in the report to the Committee Meeting of 19th June in relation to the project and would be premature.”

Report of Lucan/Clondalkin Committee held on 19th September, 2007

The Manager’s Report and Supplementary Report quoted above were submitted.

SUSPENSION OF STANDING ORDERS

It was AGREED to suspend Standing Orders to deal with the following Emergency Motion:

The following motion was proposed by Councillor R. Dowds and seconded by Councillors E. Tuffy and B. Gogarty.

“That this Committee proposes that this motion be deferred for consideration until the County Development Plan, 2010-2016.

The motion was put to a vote and there were 3 FOR and 5 AGAINST. The amendment to the motion was lost.

Following a contribution from Councillors E. Tuffy, G. O' Connell, S. O' Conchuir, D. Keating, T. Ridge and R. Dowds, the motion in the name of Councillor G. Cullen was then proposed by G. Cullen and seconded by G. O' Connell and put to a vote. There were 6 FOR and 2 AGAINST. The Motion was AGREED.

Managers Recommendation

It is strongly recommended that the motion proposing to initiate a variation of the County Development Plan at Newcastle be not adopted for the reasons set out in the Report and Supplementary Report quoted above.

Section 13(7) of the Planning and Development Act 2000 provides:-

“In making a variation under this section, the members of the authority shall be restricted to considering the proper planning and sustainable development of the area to which the development plan relates, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or any Minister of the Government”.