COMHAIRLE CHONTAE ATHA CLIATH THEAS

(SOUTH DUBLIN COUNTY COUNCIL)

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday 10th December 2007

Headed Item No.10

Report on Public Notification Procedure Under Part 8 of the Planning & Development Regulations 2001 - 2007 for the proposed construction of an infill housing project on lands at Taylors Lane, Rathfarnham, Dublin 16 .

A notice in accordance with Article 81 of the Planning and Development Regulations 2001-2007 was published on the 11th of July 2007 for the construction of 6 no. two-storey three bedroom units, 1 no. two-storey three bedroom unit and 2 no. two-storey four bedroom units with attic converted on lands at Taylors Lane, Rathfarnham, Dublin 16, with five units on lands at Kingston Court, and four units on lands at junction of Taylors Lane & Glendoher Drive.

The works to include alterations to the existing on-street parking layout, new off street parking, new boundary treatments, landscape park area and all necessary associated ancillary works on the two sites at Taylors Lane, Rathfarnham, Dublin 16.

Plans and particulars of the development were made available for inspection by the public for four weeks until Wednesday the 22nd August, 2007 and a further two weeks until Wednesday the 5th September, 2006 was allowed for the making of written submissions and observations to the Council in relation to the matter.

Site Location
Site Layout
Constraints
L House Type Plans Elevations
K2 House Type Plans
K House Type Sections
K House Type Plans
K House Type Elevations
Project Report

Submissions (copies attached H9 of Terenure/Rathfarnham ACM (2) 13/11/07) were received from the following:

Name

No

Address

Address 2

Alan Kinsella

email

Meg Murphy

email

John Slye

73

Pearse Brothers Park

Jame Butler

63

Pearse Brothers Park

Kay Ruane

63

Pearse Brothers Park

Frances KirkWood Slye

73

Pearse Brothers Park

Jack O Farrell / Barrett & Associates

7

Glendoher Avenue

Rathfarnham

Janet Herbage

Ballyboden Joint Residents Group

Eamonn Weber- Architect & Planning Consultant

180 Rathgar Road

Dublin 6

Patrick Leonard - An Taisce

C/O Moret, Edmonstown Road

Rathfarnham

Glendoher & District Residents Association

C/O 17 Glendoher Close

Rathfarnham

Health Service Executive Environmental Health

Hendrik W van der Kamp

1

Woodstown Court

Knocklyon

Irish Wildlife Trust

Olivia Mitchell TD

Dail Eireann

Mary Calnan

1

Glendoher Avenue

Ballyboden

James Fogerthy

1

Glendoher Close

Ballyboden

L Fogarty

1

Glendoher Close

Ballyboden

Paul O Dowd & Rebecca Sullivan

1

Glendoher Drive

Ballyboden

Tom & Bridget Grahan

1

Glendoher Drive

Ballyboden

Anna Geraghty

2

Glendoher Park

Ballyboden

Donna Geraghty

2

Glendoher Park

Ballyboden

Joanne Geraghty

2

Glendoher Park

Ballyboden

Kevin Geraghty

2

Glendoher Park

Ballyboden

Laura Geraghty

2

Glendoher Park

Ballyboden

Raymond Geraghty

2

Glendoher Park

Ballyboden

Stephen Geraghty

2

Glendoher Park

Ballyboden

Susan Craven

3

Glendoher Park

Ballyboden

James Kelly

4

Glendoher Close

Ballyboden

Berna Martin

5

Glendoher Avenue

Ballyboden

John Martin

5

Glendoher Avenue

Ballyboden

Arther & Dorren Nolan

5

Glendoher Close

Ballyboden

Thomas & Maura O Donnell

5

Glendoher Crescent

Ballyboden

Aileen Daly

5

Glendoher Park

Ballyboden

Brian Daly

5

Glendoher Park

Ballyboden

Rachel Daly

5

Glendoher Park

Ballyboden

Des Moffat

6

Glendoher Avenue

Ballyboden

Gabrielle Breslin

6

Glendoher Park

Ballyboden

Richard & Anne Heffernan

6

Glendoher Road

Ballyboden

Rachel Duff

7

Glendoher Close

Ballyboden

Rita O Brien

7

Glendoher Park

Ballyboden

Ann & Jim Wright

8

Glendoher Avenue

Ballyboden

Darragh & Elaine Casey

8

Glendoher Park

Ballyboden

Frank & Mary Casey

8

Glendoher Park

Ballyboden

Mairin Ni Bhoirn

8

Glendoher Road

Ballyboden

Audrey Blaney

9

Glendoher Park

Ballyboden

Brian Blaney

9

Glendoher Park

Ballyboden

Jacqueline Fearon

10

Glendoher Avenue

Ballyboden

Patricia Fearon

10

Glendoher Avenue

Ballyboden

Margaret Kelly

10

Glendoher Close

Ballyboden

Sean Kelly

10

Glendoher Close

Ballyboden

Deirdre Durcan

10

Glendoher Road

Ballyboden

Emma Lesware

11

Glendoher Avenue

Ballyboden

Gillian Lesware

11

Glendoher Avenue

Ballyboden

Stephen Donnelly

11

Glendoher Avenue

Ballyboden

Stephen Lesware

11

Glendoher Avenue

Ballyboden

Frank & Miriam Scott

11

Glendoher Drive

Ballyboden

Paul & Breda Bright

11

Glendoher Park

Ballyboden

Joe Walsh

12

Glendoher Avenue

Ballyboden

Laurie Walsh

12

Glendoher Avenue

Ballyboden

Anne Fitzpatrick

12

Glendoher Park

Ballyboden

Niall Fitzpartrick

12

Glendoher Park

Ballyboden

Mary & Seamus Keogh

13

Glendoher Avenue

Ballyboden

Margaret & Lynn Fitzpatrick

13

Glendoher Close

Ballyboden

Jacqueline Devlin

13

Glendoher Drive

Ballyboden

Martin Devlin

13

Glendoher Drive

Ballyboden

Conor Graham

13

Glendoher Park

Ballyboden

Patricia Fitzgerald

13

Glendoher Park

Ballyboden

Paul McDonald

14

Glendoher Avenue

Ballyboden

Tom McDonald

14

Glendoher Avenue

Ballyboden

Anne B Nolan

14

Glendoher Close

Ballyboden

Carmel Lynch

15

Glendoher Close

Ballyboden

James & Marjore Doran

15

Glendoher Drive

Ballyboden

Jean Bermingham

16

Glendoher Close

Ballyboden

Les Bermingham

16

Glendoher Close

Ballyboden

Judy Davoren

16

Glendoher Park

Ballyboden

Anne O Donoghue

17

Glendoher Close

Ballyboden

Joseph O Donoghue

17

Glendoher Close

Ballyboden

Margaret O Donoghue

17

Glendoher Close

Ballyboden

Seamus & Margaret McGritt

17

Glendoher Park

Ballyboden

Eric O Reilly

18

Glendoher Road

Ballyboden

Niamh Ring

18

Glendoher Road

Ballyboden

D O Toole

19

Glendoher Close

Ballyboden

Helen O Toole

19

Glendoher Close

Ballyboden

Sarah Dillion

19

Glendoher Drive

Ballyboden

Valerie & Matt Dillion

19

Glendoher Drive

Ballyboden

Evelyn Sheehen

19

Glendoher Park

Ballyboden

Pat Sheehen

19

Glendoher Park

Ballyboden

Paul & Barbara Candon

20

Glendoher Avenue

Ballyboden

Michael Granger

20

Glendoher Close

Ballyboden

Oonagh Granger

20

Glendoher Close

Ballyboden

Damien Power

20

Glendoher Road

Ballyboden

Patrick & Margaret Power

20

Glendoher Road

Ballyboden

Jim & Rosemary Manley

21

Glendoher Park

Ballyboden

Alan Cushen

22

Glendoher Drive

Ballyboden

Breda Cushen

22

Glendoher Drive

Ballyboden

James & Brendan Cushen

22

Glendoher Drive

Ballyboden

James Cash

22

Glendoher Drive

Ballyboden

James Cushen

22

Glendoher Drive

Ballyboden

Sandra Aronen

22

Glendoher Drive

Ballyboden

Suzanne Cushen

22

Glendoher Drive

Ballyboden

Pat & Brid Larkin

23

Glendoher Drive

Ballyboden

Margaret M . Lennox

23

Glendoher Park

Ballyboden

Ciar Ni Fhloinn

24

Glendoher Drive

Ballyboden

Muiris & Toireasa O Floinn

24

Glendoher Drive

Ballyboden

Angela Mooney

26

Glendoher Close

Ballyboden

Michael Mooney

26

Glendoher Close

Ballyboden

Anne Cogan

26

Glendoher Drive

Ballyboden

Vincent &Winifred Whelan

27

Glendoher Park

Ballyboden

Colman Parks

28

Glendoher Avenue

Ballyboden

Josephine Kelly

28

Glendoher Close

Ballyboden

Emma & Alison Murphy

28

Glendoher Drive

Ballyboden

Michael & Mary Murphy

28

Glendoher Drive

Ballyboden

Alia Forshaw

30

Glendoher Close

Ballyboden

Orin Forshaw

30

Glendoher Close

Ballyboden

Tony Forshaw

30

Glendoher Close

Ballyboden

Phyllis Tooth

30

Glendoher Drive

Ballyboden

Olive McDonald

31

Glendoher Avenue

Ballyboden

Simon Barron & Claire Predergast

32

Glendoher Close

Ballyboden

David & Linda Lyons

32

Glendoher Drive

Ballyboden

Aoife O Shea

34

Glendoher Close

Ballyboden

Beatrice O Shea

34

Glendoher Close

Ballyboden

Fionnuala O Shea

34

Glendoher Close

Ballyboden

K Muarry

34

Glendoher Park

Ballyboden

D P Squire

35

Glendoher Avenue

Ballyboden

Nikki Squire

35

Glendoher Avenue

Ballyboden

David & Norma Heslip

35

Glendoher Drive

Ballyboden

Kenneth Heslip

35

Glendoher Drive

Ballyboden

Catriona Byrne

36

Glendoher Close

Ballyboden

Michael, Caitriona & Grainne Byrne

36

Glendoher Close

Ballyboden

Maureen , Carol , & Pauline Nortan

36

Glendoher Drive

Ballyboden

Breda Mc Gonnell

37

Glendoher Drive

Ballyboden

Gillian Mc Gonnell

37

Glendoher Drive

Ballyboden

Nora McGarvery

38

Glendoher Drive

Ballyboden

Mary& Greg Smith

38

Glendoher Park

Ballyboden

Conor Houlhan

39

Glendoher Drive

Ballyboden

Eoin Houlhan

39

Glendoher Drive

Ballyboden

Evelyn Houbhan

39

Glendoher Drive

Ballyboden

Patrick Houbhan

39

Glendoher Drive

Ballyboden

Patrick & Nicola Roche

40

Glendoher Drive

Ballyboden

Jill Anoroso

40

Glendoher Park

Ballyboden

Mairead Anoroso

40

Glendoher Park

Ballyboden

Tony Anoroso

40

Glendoher Park

Ballyboden

John & Maura Moore

42

Glendoher Road

Ballyboden

Alan Carroll & Catherine McGovern

44

Glendoher Road

Ballyboden

Eoin Keith

44

Glendoher Road

Ballyboden

Eileen Pidgeon

45

Glendoher Drive

Ballyboden

Sinead Pidgeon

45

Glendoher Drive

Ballyboden

Susan Pidgeon

45

Glendoher Drive

Ballyboden

Sylvester Pidgeon

45

Glendoher Drive

Ballyboden

Jean Oates

46

Glendoher Drive

Ballyboden

Anna Kearns & Barry Fitzpatrick

48

Glendoher Drive

Ballyboden

Pauline & Michael Kierans

48

Glendoher Drive

Ballyboden

Margaret Mahon

53

Glendoher Drive

Ballyboden

S Mahon

53

Glendoher Drive

Ballyboden

Brian Nulty

55

Glendoher Drive

Ballyboden

Cathy Transman

55

Glendoher Drive

Ballyboden

Marcus Kelly & Amanda Kelly

65

Glendoher Drive

Ballyboden

David McGovern

6a

Glendoher Road

Ballyboden

John McGovern

6a

Glendoher Road

Ballyboden

Mary McGovern

6a

Glendoher Road

Ballyboden

Terence McGovern

6a

Glendoher Road

Ballyboden

Alee Moore

DANOG Glendoher Close

Ballyboden

Rachel Moore

DANOG Glendoher Close

Ballyboden

Paul & Barbara Cardon

20

Glendoher Avenue

Rathfarnham

John & Maria Kelly

Glendoher House

Ballyboden

John & Ann Maher

5

Palmer Park

Ballyboden

Janet & Derek Herbage

6

Palmer Park

Ballyboden

Mary Kearns

6

Palmer Park

Ballyboden

James & Sheila Morgan

7

Palmer Park

Ballyboden

Bridget Doyle

8

Palmer Park

Ballyboden

Joe & Grainne Ahearn

14

Palmer Park

Ballyboden

Eugene & Kay Kelly

16

Palmer Park

Ballyboden

Nualie Forde

17

Palmer Park

Ballyboden

M Davis

18

Palmer Park

Ballyboden

George & Elizabeth Long

24

Palmer Park

Ballyboden

Irene & Kieth Mallett

24

Palmer Park

Ballyboden

Thomas Millis

30

Palmer Park

Ballyboden

James & Betty Brennan

32

Palmer Park

Ballyboden

Ronald Thompson

33

Palmer Park

Ballyboden

Betty Kennedy

35

Palmer Park

Ballyboden

Loretta Mooney

42

Palmer Park

Ballyboden

Marie & Jon Hassett

43

Palmer Park

Ballyboden

Emmet & Nuala Donnelly

45

Palmer Park

Ballyboden

Elizabeth & Philip Barron

57

Palmer Park

Ballyboden

Patrick King

58

Palmer Park

Ballyboden

Mary McCann

59

Palmer Park

Ballyboden

Maregaret Mooney

67

Palmer Park

Ballyboden

Jim & Deirdre Corbelly

69

Palmer Park

Ballyboden

Brian & Vivienne Cox

70

Palmer Park

Ballyboden

Gareth & Emma Collins

66a

Palmer Park

Ballyboden

Jenny Wallace

1

Butterfield Orchard

Rathfarnham

Colette Gormley

1

Newbrook

Rathfarnham

Vincent and Judy Byrne

1

The Crescent

Ballyboden

Eileen & John O Shea

2

Moyville Lawn

Rathfarnham

James & Irene Nolan

2

Willsbrook Down

Rathfarnham

Brian Duff

3

Moyville Lawn

Ballyboden

Claire Marrinan

3

Moyville Lawn

Ballyboden

Finton Clarke

4

Newbrook

Rathfarnham

Ms Anne Clarke

4

Newbrook

Rathfarnham

Rita Cullen

5

Beachwood

Rathfarnham

Stephen & Asling Power

7

Fonthill Park

Rathfarnham

Brian Colgan

7

Pine Valley

Rathfarnham

Margaret Colgan

7

Pine Valley

Rathfarnham

John Hoolahan

12

Whitecliff

Rathfarnham

Susan Tollemache

13

Willsbrook Grove

Rathfarnham

Shane MacLaughlin & Rhona Byrne

15

Moyville Lawns

Rathfarnham

Carol Walls and Declan Nolan

16

Ballyboden Crescent

Rathfarnham

Bridget O Donoghue

16

Rathfarnham Mill

Rathfarnham

Maurice and Bobbie Bryan

22

Butterfield Park

Rathfarnham

Cormac & Marion Farrell

26

Willbrook Lawn

Rathfarnham

Fiona & Peter O Shea

39

Ballyboden Crescent

Ballyboden

Joan Bolster

40

Grange Court

Rathfarnham

Sean Healy

40

Moyville

Ballyboden

Oonagh Nevin

46

Elkwood

Rathfarnham

Ronald Donnelly

63

The Priory

Rathfarnham

Michael and Jackie Meaney

64

Whitecliff

Rathfarnham

The Narton Family

113

Ballyboden Road

Ballyboden

Adrianne O Brien

143

Collinswood Dr

Rathfarnham

Keith Felton

147

Ballyboden Road

Rathfarnham

Michael Whelan

153

Ballyboden Road

Rathfarnham

Emer O'Leary

155

Ballyboden Road

Rathfarnham

Elaine Birmingham

177

Moyville

Rathfarnham

Michael Mc Crosscan

177

Moyville Lawn

Ballyboden

Brian and Emma Barry

221

Moyville

Ballyboden

Paschal Bugler

Ballyboden House

Rathfarnham

John O Hanlon

Kellystown Road

Rathfarnham

Gary Chambers

Seaview , Mount Venus Rd

Rathfarnham

Meabh Mckeown

Thomond House

Rathfarnham

Orlan Mckeown

Thomond House

Rathfarnham

Boden Park Residents Association

21

The Rise

Boden Park

Des Mulley

24

The Avenue

Boden Park

Eva Breslin & Brian O Donnell

66

The Rise

Boden Park

Sandra Walk

23

The Rise

Boden Park

The Kelly Family

15

The Green

Boden Park

Christopher Nolan

1

Pearse Brothers Park

Ballyboden

Neil Kennedy

3

Pearse Brothers Park

Ballyboden

Bridie Kane

4

Pearse Brothers Park

Ballyboden

Patricia Flood

7

Pearse Brothers Park

Ballyboden

Pat & Brendan Thompson

16

Pearse Brothers Park

Ballyboden

Eamon Hallowed

19

Pearse Brothers Park

Ballyboden

Kealy Family

20

Pearse Brothers Park

Ballyboden

Staunton Family

27

Pearse Brothers Park

Ballyboden

Manuel & Brenda Doyle

28

Pearse Brothers Park

Ballyboden

Gary & Carol Morgan

29

Pearse Brothers Park

Ballyboden

Geraldine Hollowed

30

Pearse Brothers Park

Ballyboden

Carol Fagan

31

Pearse Brothers Park

Ballyboden

Kathleen Worth

33

Pearse Brothers Park

Ballyboden

Maria McDonald & Kevin Cardiff

34

Pearse Brothers Park

Ballyboden

Maurice & Claire Byrne

37

Pearse Brothers Park

Ballyboden

Denis & Joan Teeling

38

Pearse Brothers Park

Ballyboden

Jonathan Swaine & Aoife Mulligan

42

Pearse Brothers Park

Ballyboden

Susan Mulligan

43

Pearse Brothers Park

Ballyboden

Cathal & Sharon Glynn

47

Pearse Brothers Park

Ballyboden

Marie Dolan,Peter McEvoy,Nikki Gillide,Declan Quinn

51

Pearse Brothers Park

Ballyboden

Elizabeth & Seamus Halpin

53

Pearse Brothers Park

Ballyboden

Rose Clinton

59

Pearse Brothers Park

Ballyboden

O Neill Family

60

Pearse Brothers Park

Ballyboden

Bernadette Finlay

78

Pearse Brothers Park

Ballyboden

Finaly Family

79

Pearse Brothers Park

Ballyboden

Frank & Martina Kelly

1

Taylors Lane

Taylors Lane

Catherina Wallace

2

Boden Villas

Taylors Lane

M Wallace

2

Boden Villas

Taylors Lane

Grannie & Tony Leach

2

Newbrook

Taylors Lane

Sandra Free

4

Boden Villas

Taylors Lane

Michael O Rielly

4

Taylors Lane

Taylors Lane

John Doran

5

Boden Villas

Taylors Lane

Angela Kerrigan

7

Newbrook

Taylors Lane

Chawki & Hilary Djedaa

7

Newbrook

Taylors Lane

Tommy & Ann Keary

8

Moyville Lawns

Taylors Lane

Liam Irwin

8

Newbrook

Taylors lane

Thomas & Margaret Gisbey

11

Newbrook

Taylors lane

James Byrne

161

Ballyboden Road

Taylors Lane

Peter,Bernadette, Michael and Anthony Donnelly

Massabielle

Taylors Lane

Elizabeth Murphy

Mountain View

Taylors Lane

Walter Murphy

Mountain View

Taylors Lane

Kevin McCarthy & Ken Foley

11

Kingston Court

Ballyboden

Margerat Colgar

12

Kingston Court

Ballyboden

John Brennan

5

Dun Enir Close

Geraldine McCabe

7

St Francis St

Gretta Smith

9

Thatch Road

Whitehall

Marion Segrave

13

Stockton Green

Castleknock

Bryab Clery

15

Sycamore Close

Cabinteely

T Kiernan

17

Bayfire Park

Sutton

Harry Kiernan

24

Shantalla Road

Beaumount

Fergal Noonan

25

Hampstead Park

Glasnevin

Graham Gentles

26

Treepark Close

Kilnamanagh

Anne Colgan

30

Ashlawn

Dundrum

Jim Colgan

30

Ashlawn

Dundrum

Andrea O Kelly

30

Tuscany Downs

Raheny

Gerard Dunne

36

Lorcan Crescent

Drumcondra

Lynn Amoroso

36

Railway Avenue

Inchicore

C Boyd

51

Chawell Road

Artane

James Snett

52

Tuscany Downs

Raheny

Kenneth Snett

52

Tuscany Downs

Raheny

Mark Snett

52

Tuscany Downs

Raheny

Robert Snett

52

Tuscany Downs

Raheny

Marie Francis

57

Ardcollum Avenue

Artane

Debbie Kiernan

65

Meadow Copose

Clonsilla

A Brewan

92

Elm Mt Avenue

Drumcondra

Catherine Brewan

92

Elm Mt Avenue

Drumcondra

David Brewan

92

Elm Mt Avenue

Drumcondra

James Brewan

92

Elm Mt Avenue

Drumcondra

Kenneth Brewan

92

Elm Mt Avenue

Drumcondra

Slisa Dore

105

Raphoe Road

Crumlin

Claire Kiernan

168

Aulean Grange

Santry

V & L Bird

168

Cedarwood Green

Glasnevin

Enda Mary Roche,

78a

Partick St

Dun laoghire

K & S Hughes

Ardcollum Avenue

Artrane

Liam Roche

Castle Road

Saggart

Alieen Heenesy

Cullagbreeva

Clonsilla

A.Oliver

Selskar Rise

Skerries

D & C Bernie

The Drive

Skerries

D & L Neville

The Rock

Skerries

Paul Byrne

5

The Laurels

Clane

Ciaran Curran

Brookville

Drogheda

Pat Cremin

The Cedis Portan

Clonee

W & N Doyle

Tudor Grove

Ashbourne

Una Mcloughlin

Manor Kilbride

Blessington

Of these submission 7 where in favour of the development, whilst 312 objected to the development .This includes 303 mass template submissions from 227 households .The following is a breakdowns of these submissions by area

Glendoher - 150

Palmer Park - 25

Boden Park - 5

Pearse Brothers Park - 25

Taylors Lane - 16

Kingston Court - 2

Rathfarnham / Ballyboden - 39

Greater Dublin Area - 36

Outside Dublin - 5

A summary of points raised in the submissions:

1. Submissions were received regarding the open space status of the site at Kingston Court

This site consists of an uncompleted housing development that was left in an unfinished and derelict state in the late 80s. The Council acquired it under the Derelict Sites Act in 1989 with the intention of providing housing on it. The site was rendered non-derelict and maintained in its current state pending such development.

The site is zoned for Housing in the current Development Plan and also in the local area plan. It was never zoned for open space purposes.

The original planning permission granted under the Local Government Planning and Development Act 1963 for this site was for 12 terraced town houses (File Reference P.C 14652).However of the 12 units granted permission on this site only 5 units were constructed.

The plans relating to the original grant of planning permission for 12 residential units have been lost over time. Therefore the actual location of conditioned open space on this site is problematic and conjecture.

The total site area of the original development of 12 units is calculated to be circa 0.362ha (0.89 ac). It can be concluded from similar developments in the vicinity at that time under the prevailing planning regime that approximately 10% of the site area would have been identified as open space. That area would have been circa 0.0362 ha (0.089 ac).

The area, as shown on the plans for the Part 8 Kingston Court site proposal identified as open space, is measured to be 0.104 ha (0.26 ac). This represents approximately 28% of the total site area.

The area of open space on the Part 8 proposal represents an increase of 108% more area of open space than would have been provided by the decision of the Council to grant permission for 12 units on this site. This quantum is greater than the 14% open space currently required for new housing developments in A1 zoned lands and the 20% open space required for development on institutional lands

2. Submissions were received regarding the status of the Glendoher Site :

This site is in Council ownership and is zoned housing in the current Development plan and in the Local Area Plan.

The Glendoher site has a sewer traversing rear of the site preventing an L shaped development. It fronts onto Taylors Lane but has a significant frontage onto Glendoher drive.

This site is currently being used as a builders compound by the contractors for the Green Route and the development as proposed will contribute to enhance the visual quality and security of the location.

3. A number of submissions stated that this development was contrary to the Local Area Plan :

The Ballyboden Local Area Plan, which was approved by the Council in 2006, confirmed the status of the site as development land and suggested that an open and limited housing development be provided to Taylors Lane in the development.

Furthermore, the Local Area Plan indicates possible development to the front of the site which is acceptable in planning terms and has a precedent from the original planning permission on the site. This would restrict both open space possibilities, and views.

The Managers Report on submissions to the Local Area Plan stated that this site, adjacent to an interurban distributor road, does not comply with the criteria in the Development Plan for a new local park.

The current proposal increases the level of amenity proposed in the Local Area Plan. The open space is greater in areas than proposed in the Local Area Plan and views to Taylors Lane have been retained.

The current proposal seeks a minimal building solution on one side of the site to define and contain an open space area. The open space area proposed has been as created as large as possible within the constraints of the overall site.

Submissions under the Local Area Plan were received from residents of Pearse Brothers/Palmer Park indicating their preference to be rehoused locally when the existing units are refurbished, and the Council was agreeable to this proposal. Sites within the Councils ownership at the entrance to Glendoher Estate; at Kingston, Taylors Lane were identified for the provision / procurement of the required accommodation.

In order to establish the needs of the tenants of the maisonettes a survey of each resident of both Pearse Brothers Park and Palmer Park was undertaken. Each resident was asked what were their preferences regarding their future accommodation. In addition any special needs or requirements of the residents, was established. The following is a summary of the findings of the survey:

Number of residents wishing to remain in a

Redeveloped/refurbished unit of accommodation

in their present location = 5

Number of residents wishing to move

to a newly developed unit in the area = 5

Number of residents who were flexible = 10

Number of residents requesting a

Transfer from the area = 2

4. A number of Submissions questioned the standard of Design & Quality Issues

Submissions have commented on design and quality issues. It is proposed that a high quality hard and soft landscape treatment would be used in the general areas of the project to provide a higher level of finish. The area proposed to be developed as open space will be landscaped as part of the overall proposal. All windows to the rear a first floor level are limited to minimise the possibility of overlooking.

Both sections of the infill protect existing amenity and reinforce previously unprotected boundaries. The houses have been designed to maximise solar gain and the enjoyment of natural light.

5. Submissions questioned the Quality of Open Space to be provided with this Development

The open space that was proposed in the original planning permission, for the 12 units of which only 5 were built, was significantly less than in the current proposal. More significantly, from an amenity view point, the unbuilt homes had their gardens / rear facing Taylors Lane and the open space would not have been readily accessible from Taylors Lane.

The space also had little passive supervision. The current proposal addresses both those issues, with the open space readily accessible from both Taylors Lane and Kingston Court and adequate passive supervision to ensure security for residents. The open space will be of a high standard of finish.

6. A number of submissions queried the impact this development would have on the nearby Newbrook House

Newbrook House is a privately owned house which is set deep within its site and behind the general building line established along Taylors Lane. Proposals if any are not available as yet for the development of the Newbrook House site but it is inevitable that any development, as indicated by the Local Area Plan, will be forward of Newbrook House and close to the general building line. It should be noted that any further development of Newbrook House would be subject to the planning process.

The proposed houses are located to form an edge with Newbrook House and frame any future view into the site. Any other configuration would have resulted in building units in front of the existing houses in Kingston Court and leaving an exposed boundary wall to the house. This was considered unacceptable.

7. Submissions were received regarding the provision of a Moore Garden

David Moore was born in Dundee, Scotland. After serving his gardening apprenticeship in Scotland, he moved to Ireland in 1828. He was appointed as botanist to the Ordnance Survey spending five years listing and collecting the native plants of Antrim and Derry.

In 1838 he became curator of the National Botanic Gardens. He remained there until his death in 1879. When David Moore died, Frederick his son, who was then Curator at Trinity College Botanic Gardens, was appointed his successor. Sir Frederick and Lady Moore are known to have moved from the Botanic Gardens to Willsbrook House, Rathfarnham when he retired in 1922

The Parks Department has stated that there is some merit in a Moore Garden that would include these plants that are associated with these three people. In its view however, the most important site for such a garden is at Willsbrook House, which is privately owned.

The second most suitable site would be somewhere in St. Endas Park, which is across the road and is managed by the OPW (as is the Botanic Gardens). It suggested that the Parks Department could also consider a Moore Garden within the grounds of Rathfarnham Castle Park. All of these locations have in common, a strong association with the past and a suitable site within a secure park where the plants could grow in harmony with their surroundings.

The Parks Department stated that it does not consider the open space at Kingston Court as being appropriate for such a garden because the type of plants (mainly alpine and herbaceous species) are more suitable for a garden situation. The only association of Kingston Court is its nearness to Willsbrook House and that is not considered sufficient reason to place it in that location.

Following from consultations and discussions the following changes have been made to the original proposal to develop housing in the area.

1. The layout has been revised to provide a larger park area.

2. Apartment type units have been substituted with terrace house types.

3. Joseph Byrne *, the renowned local architect, will be complimented by not only an artistic / installation within the project but also by the design of the houses, both energy and space wise, to meet standards appropriate to emerging concerns on energy conservation and environment.

*(Joseph Byrne who lived in Kingston Lodge was County Manager for Dublin rural district council, he designed the award winning cottages that are now 'all listed' in Ballyboden and in many other parts of County Dublin, in 1919 he was appointed chief housing architect to the Local Government Board, and was responsible for the Mount Brown Estate, (adjacent to James Hospital).)

The development as proposed seeks to provide a minimal number of small two storey units, in keeping with the scale of the area, and providing the maximum amount of dedicated, and designed, open space.

There is a sufficient need for Housing in the locality as there are 1,301 applicants on the normal housing list in the Ternure / Rathfarnham area. Whilst on the Persons With Permission to Reside List (P.W.P.R) there are 1,243 applicants. There are also 22 families in Palmer Park that have to be relocated as part of the refurbishment/renewal of the area.

The report was noted at the meeting of Terenure / Rathfarnham Area Committee dated 13th November 2007.

As the proposed development as amended in the foregoing report and now comprising the construction of 9 dwellings is in accordance with the proper planning and sustainable development of the area, it is proposed to proceed with the development as amended.