Proposed Variation of South Dublin County Development Plan 2004 – 2010

‘Golf Village’, Fortunestown Lane, Saggart, (Variation No.5)

Manager’s Report on Submissions and Observations

Introduction

The proposed Variation of South Dublin County Development Plan 2004 – 2010 arises from a Motion passed without debate at a meeting of the Tallaght Area Committee on 26th November 2007 as follows;

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 retail 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

Following on from this motion the Members decided to initiate a Variation of the County Development Plan at the Council meeting held on January 14th 2008.  At the meeting of the Council on 10th December 2007 the Manager had advised the Members against the initiation of such a Variation (see Appendix 1).

The proposed Variation was published as follows;

Development Plan Maps

“Amend Development Plan Map No. 3 and rezone the area as shown on the attached map from zoning Objective ‘GB’ “To preserve a ‘Green Belt’ between development areas” to Objective ‘LC’ “To protect, provide for and/or improve ‘Local Centre’ facilities.”

Written Statement

Insert a new Specific Local Objective No. 125 – Golf Village, Fortunestown Lane, Saggart.

“It is an objective of the Council to facilitate;

a)       An increase in Class 1 retail space by way of mezzanine floors

b)      Change of use from Class 2 and 4 uses to Class1 retail  use

c)       The reduction in  size of permitted restaurant areas

d)       Other minor adjustments to the buildings known as the “Golf Village”, Fortunestown Lane

and ensure that these future developments do not alter the footprint of these buildings as permitted under Register Reference S02A/0096.”

The reason for the Variation would be to allow future retail development in the buildings known as the ‘Golf Village’ in accordance with (a) to (d) above in the buildings on site.

Strategic Environmental Assessment

In complying with the Planning and Development (Strategic Environmental Assessment) Regulations, 2004, South Dublin County Council has determined that a Strategic Environmental Assessment is not required in relation to the proposed Variation.

Procedure

In accordance with Section 13(4)(a) of the Planning and Development Act 2000 (as amended) the Manager of a Planning Authority shall prepare a report on any submissions or observations received and shall submit the report to the Members for their consideration.  The report shall

• List the persons or bodies who made submissions or observations.
• Summarise the issues raised by the persons or bodies in the submissions.
• Give the response of the Manager to the issues raised, taking account of the proper planning and sustainable development of the area.

In accordance with Section 13(6)(a) of the Planning and Development Act 2000 (as amended) the Members having considered the proposed Variation and the Manager’s Report may make the Variation with or without modifications or they may refuse to make it. 

Public Notification and Submissions

The proposed Variation of the County Development Plan 2004 – 2010 (Variation No. 5) ‘Golf Village’, Fortunestown Lane was advertised on 29^th February 2008.  Written submissions/observations on the proposed Variation were invited from interested parties. 

The submission period closed on Friday 28^th March 2008. 

Six acknowledgements and three submissions were received.  The six acknowledgements were received from – An Bord Pleanala, the Midland Regional Authority, Department of Community, Rural and Gaeltacht Affairs, Department of Enterprise, Trade and Employment, Department of Communications, Energy and Natural Resources and Department of Agriculture, Fisheries and Food. 

One of the submissions – that from Place Investments Ltd. - comprised of three separate pieces of correspondence.  One of the submissions was received after the closing date.   A list of the submissions received is set out in Table 1 below;

Table 1: Submissions received

Summary of submissions

Table 2 below summarises the issues raised in the submissions and outlines the Manager’s response to the issues raised.

Table 2 – Summary of Submissions and Manager’s Response.

It is noted that of the 2 submissions received within the legal time frame both were objections.  

There were no submissions in favour of the proposed Variation. 

The existing owners/occupiers of the ‘Golf Village’ have made no submission with supporting documentation outlining how the proposed Variation would be in accordance with the proper planning and sustainable development of the area.

Assessment and Impact of Proposed Variation

Strategy

The retail hierarchy of the County is a fundamental part of the Council’s overall settlement strategy (as identified in the County Development Plan).  This strategy has had regard to the Regional Planning Guidelines for the Greater Dublin Area and to the National Spatial Strategy.  Decisions are made in the County based on the strategy as outlined in the Development Plan.

A ‘District Centre’ (DC) is zoned in the County Development Plan 2004-2010 at the junction of Fortunestown Lane and the N82 approximately 700 metres from the ‘Golf Village’. 

Policy S 7 of the County Development Plan specifically refers to facilitating the development of this new District Centre.  The Plan states that -

“It is the policy of the Council to maintain and strengthen the existing Level 3 District Centre in the County and to designate and facilitate the development of new Level 3 District Retail Centres of an appropriate scale at Adamstown and Verschoyle/Carrigmore to serve new neighbourhood and employment centres in the vicinity.”

This District Centre at Verchoyle/Carrigmore commenced trading in September 2007 as Citywest Shopping Centre and together with the Local Centre at Saggart village will serve the area.  The Citywest Shopping Centre has some 9,800m² of permitted retail space of which approximately 18% is vacant. 

The existing Local Centre of Saggart Village, also zoned in the Development Plan, has circa 3,660m² of permitted and existing retail floorspace.  Approximately 3,360m² of this retail space was granted permission in the last few years in Saggart village and some of this is now available for letting. 

Permission in the existing ‘Golf Village’ buildings on Fortunestown Lane, on lands zoned ‘Green Belt’, already allows for 1,190m² Class 1 retail space.

The proposed Variation, if made, would deviate significantly from the Council’s settlement strategy and would thus undermine the overall settlement and retailing strategy for the County i.e. the identified and zoned District and Local Centres.

Floorspace

The proposed Variation seeks to facilitate changing all existing permitted units in the ‘Golf Village’, which are restricted to Class 2 and 4 uses, to Class 1 retail use.  In addition it is proposed to further increase the Class 1 retail space by way of the addition of mezzanine floors in the development. 

Taken together the overall increase in Class 1 retail floorspace as a result of the proposals put forward in this Variation would be 2,573 m².  This would mean that the ‘Golf Village’s’ Class 1, permitted retail floorspace, would increase from 1,190m² to 3,764m² or by more than 3 times that which had been granted by way of a Material Contravention in October 2002.

The retailing element of the ‘Golf Village’, as originally permitted, would have been some 12% of the floorspace of the Citywest District Shopping Centre.  However the potential for 3,764m² of retail floorspace in the ‘Golf Village’ as indicated by the proposed Variation would, if adopted, be over 38% of the new District Centre’s retail floorspace.  In addition the potential retail floorspace of the ‘Golf Village’ would also be greater than the retail floorspace (3,360m²) granted permission over the last few years in the existing zoned Local Centre of Saggart village.

It is also noted that there is a considerable amount of new retail space (approx. 6,326m² or 68,100 sq. feet) in the area which is unoccupied – see Table 3 below.

Having regard to the above it is considered that in adopting this Variation there would be a negative impact on the vitality and viability of both the zoned District Centre at Citywest and the zoned Local Centre of Saggart and would undermine both centres and be contrary to the overall settlement strategy for the County. 

Table 3  Summary of retail floorspace in area

Luas

The background for making the proposed Variation (as stated in the Motion to the Tallaght Area Committee) was that “the extension of the LUAS to Garter Lane is a substantial public transport gain”.  It is noted that this contention has not been made in submissions in relation to the proposed Variation.  The proposed Luas extension will serve the existing and planned new communities in the West Tallaght/Saggart areas and is in line with Council policy and the settlement strategy as set out in the County Development Plan.  The proposed Luas extension can not be used to undermine this agreed strategy.

Previous South Dublin and An Bord Pleanala decisions on ‘Golf Village’

A decision to grant planning permission (under register reference S02A/0096) for the ‘Golf Village’ was issued on 31^st October 2002 following a Material Contravention of the 1998 County Development Plan by the Council on 14^th October 2002.  The case was made by the proposers, HSS Ltd., in a letter accompanying the planning application (dated 2^nd February 2002) that “the emphasis of the proposal and in particular the retail element is on the retention of existing visitors to hotel conferences, golf centres and recreation centre and in particular to ensure that accompanying persons are catered for…..The retail element of the proposal is a unique concept catering for a “specialised market” not catered for locally consisting of high quality designer type goods and golf outlet”. 

A subsequent proposal for revisions to the permission (S02A/0096) granted on foot of the Material Contravention to increase the retail floorspace in the ‘Golf Village’ was refused permission both by the Council and subsequently by An Bord Pleanala on appeal in June 2005 (register reference SD04A/0732).

An Bord refused the development for two reasons.  Points in the An Bord decision included:

• the proposed significant increase in retail floor area,
• the proximity to Saggart village centre,
• the availability of lands zoned for ‘District Centre’ facilities to the east of the site,
• the impact on the vitality and viability of the established village centre and other suitably zoned lands in the vicinity and
• non-conformity with the provisions of “Retail Planning Guidelines for Planning Authorities” and with the Green Belt zoning of the area.

The reasons given by An Bord Pleanala are still applicable.

Conclusions

Many of the issues raised in the submissions made in relation to the proposed Variation are considered reasonable.

The proposed Variation;

·          Is not in accordance with the Retail Planning Strategy for the Greater Dublin Area,

·          Is not in accordance with Retail Planning, Guidelines for Planning Authorities 2005,

·          Is not in accordance with the proper planning and sustainable development of the area in that there is an adequacy of retail space already provided, approved and not occupied in the area on zoned lands, 

·          Is not in accordance with the retail hierarchy/strategy as identified in section 6.2 of the County Development Plan, 2004 – 2010 and therefore undermines the settlement strategy for the County in this area.

Recommendation

It is recommended that the Members refuse to make the proposed Variation.

Section 13 (7) Planning and Development Act 2000 (as amended) provides that the Members in making or refusing to make a proposed Variation are restricted to considering the proper planning and sustainable development of the area, 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.

_______________________

T. Doherty

Director of Planning

23^rd April 2008

Extract from Council Minutes

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, 10^th December, 2007

Headed Item HI -(23)

Report on Golf Village Fortunestown Lane  Saggart

      (Arising from Tallaght Area Committee, November 26^th 2007)

At the Tallaght Area Committee 2 meeting on Monday November 26^th 2007 the following motion was passed without debate:-

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.

The following is the report made to the Area Committee:

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 18^th 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 14^th 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 –

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 24^th September 2004 and refused by the Council on 16^th November 2004 and by An Bord Pleanala, following an appeal, on June 2^nd 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 2,573.86m^2. 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 be not 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;”.

End of Report to Committee

Further Report for County Council Meeting Monday, 10^th December, 2007:

It should be noted that the reasons given by An Bord Pleanála on 2^nd June 2005 are still applicable;

“ 1.     Having regard to:

(i)                 the significant increase in retail floor area proposed on the site,

(ii)                site proximity to Saggart village centre, and

(iii)               the availability of lands zoned for ‘District Centre’ facilities to the east of the site, as indicated in the current Development Plan for the area,

it is considered that the location of the Class 1 retail development would adversely impact on the vitality and viability of an established village centre and other suitably zoned lands in the vicinity of the site. The proposed development would, therefore, be contrary to the provisions of the “Retail Planning Guidelines for Planning Authorities” issued by the Department of the Environment, Heritage and Local Government in January, 2005 and would be contrary to the proper planning and sustainable development of the area.

2.     The proposed development is located on lands where the land use zoning objective is “GB” – ‘To preserve a green belt between development areas’, development of the type proposed is ‘not permitted’ on such zoned lands as indicated in the current Development Plan for the area. It is considered that the proposed intensification of use would be contrary to the land use zoning objective for the area and would, therefore, be contrary to the proper planning and sustainable development of the area.”

For the reasons given above and for those given in the body of the Report to the Area Committee Meeting it is considered that the proposed re-zoning of land is contrary to the proper planning and sustainable development of the area.

It is not proposed to initiate the suggested variation of the County Development Plan.

Extract from Minutes of County Council Meeting 14^th January 2008

(C/0026/08)  REPORT ON INITIATION OF PROCEDURE FOR VARIATION OF THE COUNTY DEVELOPMENT PLAN IN RESPECT OF GOLF VILLAGE DEVELOPMENT AT FORTUNESTOWN LANE

The report by the Manager, which had been circulated, was presented by Mr. T. Doherty, Director of Planning:

“Arising from the resolution passed at the December ’07 meeting of the Council, Senior Counsel opinion on the matter is now available – (see attachment)

It is now proposed to initiate the procedure for the making of a variation to the County Development Plan and Public Notice will be given when the usual initial statutory screening under the Strategic Environment Assessment regulations has been completed – which is a requirement applying to any variation.

Counsel also states that “the content and strength of the submissions which will, presumably, be offered by the various interested parties, along with the proper planning and sustainable development of the area (the section 13(7)) considerations) will be the relevant determinant in this regard.”

It is likely that the Public Notice will be given in approximately four weeks.

Tom Doherty

Director of Planning”

A discussion followed with a contribution from Councillor T. McDermott. 

Mr. M. Kenny, Senior Planner, responded to the Members’ queries.

            It was proposed by Councillor B. Gogarty, seconded by Councillor T. McDermott

“That the procedure for Variation of the County Development Plan be initiated in respect of Golf Village Development at Fortunestown Lane.”

Planning History of ‘Golf Village’

Planning application register reference S02A/0096 from HSS Ltd for a development at Fortunestown Lane was granted following a Material Contravention of the 1998 County Development Plan on 14^th 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.

Permission was refused under planning reference SD04A/0732 for revisions to S02A/0096.  The revisions proposed were as follows;

(1) Revised ground floor layout of Blocks A and B. 

(2) The change of use classes 2 and 4 shops with a net floor area of 1,224.99 sq.m. to Class 1 shops as defined in the Planning and Development Regulations, 2001. 

(3) Also the net increase in retail floor area of 1,494 sq.m. by moving the shop stores, offices, canteen and toilet facilities to new mezzanine floor levels in each unit and all associated site works.

The refusal by the Planning Authority was upheld by An Bord Pleanala for the following reasons:

1.         Having regard to:

                                  I.      the significant increase in retail floor area proposed on the site,

                                II.      site proximity to Saggart village centre, and

                              III.      the availability of lands zoned for ‘District Centre’ facilities to the east of the site, as indicated in the current Development Plan for the area,

it is considered that the location of the Class 1 retail development would adversely impact on the vitality and viability of an established village centre and other suitably zoned lands in the vicinity of the site.  The proposed development would, therefore, be contrary to the provisions of “Retail Planning Guidelines for Planning Authorities” issued by the Department of the Environment, Heritage and Local Government in January, 2005 and would be contrary to the proper planning and sustainable development of the area.

2.         The proposed development is located on lands where the land use zoning objective is “GB” - ‘To preserve a green belt between development areas’, development of the type proposed is ‘not permitted’ on such zoned lands as indicated in the current Development Plan for the area.  It is considered that the proposed intensification of use would be contrary to the land use zoning objective for the area and would, therefore, be contrary to the proper planning and sustainable development of the area.

Under planning register reference SD05A/0275 permission was granted for the construction of a canopy/covered walkway on to the façade of the existing shopping village which was under construction at the time of the application.