COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF TALLAGHT AREA COMMITTEE 2
Monday, November 26, 2007
MOTION NO. 4
MOTION: Councillor J. Daly
That this Committee calls on the Manager with regard to the fact that the extension of the LUAS to Garter Lane is a substantial public transport gain, it is proposed that a variation procedure be initiated to provide for the re-zoning as follows:
That the Golf Village development at Fortunestown Lane be zoned to permit planning applications to increase Class 1 Retails space by way of mezzanine floors, change of use Class 2 and 4 to Class 1, the reduction of restaurant areas and other minor adjustments - Plot M on Map.
These changes will not alter the already approved footprint of the buildings.
REPORT:
Introduction
The ‘Golf Village’ development is located on Fortunestown Lane near its junction with Garters Lane. The lands are zoned ‘Green Belt’ in the County Development Plan.
Proposal
The Motion seeks to re-zone the Golf Village development at Fortunestown Lane to permit planning applications to increase Class 1 retail space by way of mezzanine floors, to change the use of units from Classes 2 and 4 to Class 1, to reduce restaurant areas and to make other adjustments (Plot M on map).
There are two aspects to the proposal in relation to the Golf Village above:
a) Change of use of existing permitted units from Classes 2 (provision of services) and 4 (light industrial use) to Class 1 (shop use)
b) Increase in Class 1 retail space by way of mezzanine floors.
(An extract from the Planning Regulations giving the definitions of Classes 1, 2 and 4 is included as an Appendix to this Report)
a) Proposed Change of Use from Classes 2 and 4 to Class 1
Planning Reference S02A/0096, received on 18th February 2002, from HSS Ltd for a development at Fortunestown Lane was granted by way of a Material Contravention of the 1998 County Development Plan on 14th October 2002.
Condition No. 3 of that permission stated as follows;
That only ground floor units in Block A numbered as A2, A4, A5, A7, A8 and A9 on Drawing No. A/01 received on 10/5/02 and ground floor units in Block B numbered as 3, 6, 8 & 9 on Drawing no. B/01 received on 10/5/02 shall be used as Class 1 shops as defined in Article 5 and in Schedule 2 Part 4 of the Planning and Development Regulations 2001.
Other units shown on the said drawings for the ground floor of Blocks A and B may only be used for purposes defined in Class uses 2 and 4 of Schedule 2, Part 4 of the said Regulations. Any change of use to that described above shall require a prior grant of planning permission. Details of these use restrictions shall be incorporated into the sale/lease agreement for each individual unit.
The details of the existing permitted uses in the Golf Village on foot of the grants of planning permission on the site are as follows –
| Blocks | Class 1 | Classes 2 & 4 |
| Block A | 790.40m2 | 294.60 m2 |
| Block B | 400.38 m2 | 785.26 m2 |
| Total | 1,190.78 m2 | 1,079.86 m2 |
| Overall Total Use | 2,270.64 m2 |
The proposal in the Motion is to change all existing permitted units restricted to Class 2 and 4 uses to Class 1 use.
The proposed overall increase in Class 1 use as a result of the change would be 1,079.86m2
b) Proposed increase in Class 1 retail space by way of the addition of mezzanine floors
No drawings have been submitted to outline the quantum of the proposed increased Class 1 retail space by way of mezzanine floors, so the assumption has been madethat the proposal is similar to that previously made under Planning Reference SD04A/0732, received from HSS Ltd on 24th September 2004 and refused by the Council on 16th November 2004 and by An Bord Pleanala, following an appeal, on June 2nd 2005.
The proposal in relation to mezzanine floors made under planning reference SD04A/0732, if granted would have resulted in an increase of Class 1 retail of 1,494 m2.
Taken together the overall proposed total increase in Class 1 retail floorspace as a result of the proposals put forward in this Variation Motion would be 2,573.86m2. This would mean that the Golf Village’s Class 1 retail floorspace would increase from 1,190m2 to 3,764m2 or by more than 3 times that which had been granted by way of Material Contravention. This would be on lands which are currently part of the ‘Green Belt’ (GB) zone.
Zoning
If the Motion intends this site to be opened up for general retailing the lands would need to be zoned as Local Centre.
Saggart village centre is zoned as a Local Centre in the Development Plan and a District Centre is zoned at the junction of Fortunestown Lane and the N82. The latter is now open for business, with in excess of 10,000m2 of retail floorspace permitted on the site. It is not recommended that a further Local Centre be zoned at the location of the “Golf Village”.
The retailing element of the ‘Golf Village’ as planned would have been some 12% of the floorspace of the Fortunestown Lane District Centre. The increased floorspace for the ‘Golf Village’ as indicated by the Proposed Variation would, if adopted, be almost 35% of the District Centre’s floorspace.
In addition if this Motion for a Variation to the County Development Plan is adopted, it would pre-empt the outcome of the Area Plan process required for the lands the subject of Variation No. 2 (Fortunestown Lane / Garters Lane, Saggart). This Area Plan will have to consider the provision of facilities for the new residential community on the Variation No. 2 lands as outlined in Local Zoning Objective 124. Such facilities would include retailing. The effect of the re-zoning of the Golf Village from its originally intended range of tourist and golf related uses to general retailing would in effect undercut consideration of the Area Plan. The proposal is premature and ill considered and not in accordance with the proper planning and sustainable development of the area.
Conclusions
Plot M (Golf Village) was granted planning permission on lands zoned Green Belt (‘GB’). The case was made as to why such a large development should be permitted in an area where if it were a standard residential or retailing proposal it would have been refused planning permission as it was contrary to the provisions of the Development Plan. It now transpires that the usefulness of the permission is deemed to have expired and the request is now for the constraints of the zoning and the planning permission to be lifted. It is recommended that this should not be done.
The stated background for making the proposed changes is given as “the substantial public transportation gain” of LUAS. This is not a valid reason and LUAS cannot be viewed as the vehicle for overcoming the difficulties for developers posed by the agreed land use zoning of the area, relevant Development Plan policies and objectives and the perceived unacceptability of conditions on permissions. Furthermore, it is incumbent on the developer to pursue all avenues to locate prospective tenants that would comply with the current conditions of the planning permission.
For the reasons given above and for those given in the body of this Report it is considered that the proposed re-zoning of land is contrary to the proper planning and sustainable development of the area.
Recommendation
It is recommended that the Motion not be adopted.
APPENDIX
Definitions of Classes of Use:
Class 1, Schedule 2, Part 4, of the Planning and Development Regulations 2001
Shop is defined in Article 5 of said regulations as
a structure used for any or all of the following purposes, where the sale, display or service is principally to visiting members of the public:
(a) for the retail sale of goods,
(b) as a post office,
(c) for the sale of tickets or as a travel agency,
(d) for the sale of sandwiches or other food for consumption off the premises, where the sale of such food is subsidiary to the main retail use,
(e) for hairdressing,
(f) for the display of goods for sale,
(g) for the hiring out of domestic or personal goods or articles,
(h) as a launderette or dry cleaners,
(i) for the reception of goods to be washed, cleaned or repaired,
but does not include any use associated with the provision of funeral services or as a funeral home, or as a hotel, a restaurant or a public house, or for the sale of hot food for consumption off the premises, except under paragraph (d) above, or any use to which class 2 or 3 of Part 4 of Schedule 2 applies.
Class 2 and 4 uses in Schedule 2, Part 4, of the Planning and Development Regulations 2001
Class 2 relates to use for the provision of-
(a) financial services,
(b) professional services (other than health or medical services),
(c) any other services (including use as a betting office),
where the services are provided principally to visiting members of the public.
Class 4 relates to use as a light industrial building.
Article 5 of the Regulations defines a light industrial building as -
‘an industrial building in which the processes carried on or the plant or machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit;”.