PROPOSED MATERIAL CONTRAVENTION OF THE DEVELOPMENT PLAN AT A SITE ON MAIN STREET, RATHCOOLE, COUNTY DUBLIN SD08A/0163.

Proposed Material Contravention of the South Dublin County Council Development Plan 2004-2010 for the refurbishment, re roofing and change of use of Rathcoole House, a Protected Structure, from residential to corporate headquarters/office, to provide c.288sq.m. of office space over 3 floors, within the building the construction of c.1038sq.m. of new office space to the west/southwest over two floors and a link between the existing and proposed buildings. The development also includes the demolition of a lean to structure on the north-eastern corner of the existing building. The new extension will also accommodate toilets,plant areas, storage, boiler room and kitchen.. Rathcoole House is 3 storey at Main Street level (north) and 2 storey to the south.  The development also includes the construction of a glazed atrium space of c.90sq.m. at Main Street/ground level, vehicular access/egress, 20 no. car parking spaces at ground level, podium level garden area at existing first floor level, and all ancillary site development works and services..

REPORT

Description of Site and Surroundings

Site Area: The site area is stated as 2,316 sq.m (0.2316).

Site Descritption: The subject site is located in the village of Rathcoole, approximately 15 kilometres west of Dublin, to the immediate south of the N7 / Naas Road, and approximately 7 kilometres south-west of the M50 Red Cow roundabout.

The subject lands, are located on the southern side of Main Street, Rathcoole, approximately 80 metres south-west of the Rathcoole interchange and fly-over bridge, which facilitates access to and from the eastern side of the village to both the north and south carriageways of the N7.

The subject site is bound to the south and east by the rear gardens of Beechwood Lawns, a mature residential estate of terraced and semi-detached dwellings. A rubble stonewall, which runs around the perimeter of the adjoining Church of Ireland lands, separates the site from the church grounds and graveyard. The north / northwestern boundary fronts onto Main Street (public road) and is set-back from the road edge by a wide footpath of approximately 6.5 metres in width.

The topography of the site slopes uphill along Main Street from approximately 119.6 metres OD at the northern section of the site to approximately 120.3 metres at the southern section nearest the village core. Within the site the land slopes uphill from the northwest corner to the south-eastern corner by approximately 1.8 metres.

The existing building on site, Rathcoole House, which is a Protected Structure, is located towards the northern boundary of the site. The structure is a five bay two-storey over basement building with a semi-circular stairwell to the rear (with frontage onto Main Street). The windows of the dwelling have been blocked up, and the roof of the structure is slate in finish. A rough cement dash has been applied to the front and rear of the building, and the side elevations have a smooth lined render finish. The most recent use of the structure appears to have been residential.

The pattern of development along the southern side of Main Street, to the west of the subject site, comprises predominantly two-storey commercial properties with established residential estates to the south of same. These residential estates, such as Forest Hills and Greenogue Drive comprise pedestrian links directly accessing Main Street, and are satisfactorily surfaced. These links have allowed for high quality permeability between said older residential areas and the commercial uses along Main Street. Lands to the south of same zoned A1 – to provide for new Residential Communities in accordance with Approved Area Plans, are defined by Greenfield sites subject to specific urban design criteria set out in the Rathcoole Local Area Plan 2002 and the Tootenhill Area Plan 2007 (lands to the west of Main Street).

Proposal

Ø      The applicant proposes the refurbishment, re-roofing and change of use of Rathcoole House, a Protected Structure, from residential to office use;

Ø      Providing for approximately 288 sq.m of office space within the existing structure of Rathcoole House over three floors;

Ø      Construction of approximately 1,038 sq.m of new office space in a building to the west / southwest of Rathcoole House over two floors and a glazed link between the existing and proposed buildings.

Ø      The development also includes the demolition of a lean to structure on the north- eastern corner of the existing building;

Ø      The new extension will also accommodate toilets,plant areas, storage, boiler room and kitchen;

Ø      The development also includes the construction of a glazed atrium space of approximately 90 sq.m at main street / ground level, vehicular access /egress, 20 no car parking spaces at ground level, podium level garden area at existing first floor level, and all ancillary site development works and services

Zoning:

The subject site is zoned, ‘A’ – to protect and / or improve Residential Amenity. Offices less than 100 sq.m are open for consideration within this zoning objective. Offices of 100 sq.m – 1,000 sq.m, and Offices over 1,000 sq.m are not permitted within this zoning objective.

The subject site is located within a Zone of Archaeological Potential, established around the village of Rathcoole, Recorded Monument DU021-030, as listed in the South Dublin County Council Development Plan 2004-2010.

The site is also designated with the Special Local Objective 95 (SLO) for Rathcoole Village (Commercial Development).  It is the objective to locate any future expansion of commercial development within the curtilage of the commercial core of the village of Rathcoole in order to enhance it and sustain it.

Protected Structure

The existing structure on site, Rathcoole House, is a Protected Structure ( No. 305 in the South Dublin County Council development Plan – Record of Protected Structures as), and is record as a house and adjacent underground passage.

The following Protected Structures are also in the vicinity of the subject site:

To the west - No. 310: Church of Ireland, Rathcoole – Church, Graveyard and walled enclosure (RM)

To the south-west - No. 316: Rathcoole Heath Centre – Detached five bay two storey house

Article I.                   Consultations

Environmental Services Department:

Foul Drainage – Further Information requested;

Surface Water – Further Information requested;

Water – No objections.

Parks and Landscape Services Department: No report received to date.

Roads Department: Further information requested.

Conservation Officer: No report received to date.

Architects Department: No objections subject to conditions

Department of the Environment, Heritage and Local Government – Development Applications Unit:  No report received to date.

Failte Ireland: No report received to date.

Heritage Council: No report received to date.

An Taisce: No report received to date.

Department of Defence: No objections.

Article II.                Submissions/Observations/Representations

None on record for subject site.

Article III.             Relevant Planning History

None on record for subject site

Article IV.             Relevant Enforcement History

None on record for subject site

Pre-Planning Consultation

An initial pre-planning meeting took place with the Area Planner and the Conservation Officer on Wednesday 19^th September 2007. The applicant was advised that the proposed quantum of office development would materially contravene the zoning objective for the site and would seriously undermine the character and setting of the existing Protected Structure on the site. The applicant was advised that a quantum of 300 sq.m office use within the existing structure may be an option on site, subject to further investigation.

A second pre-planning meeting was held with the Senior Executive Planner and the Senior Architect on Wednesday 10^th October 2007. The applicant was advised that the size and scale of the proposed development should be sensitive to the village setting of the site and in consideration of the character and setting of the Protected Structure. The applicant was advised quantum of office space proposed was in excess of that permitted for the site. The Senior Architect agreed to further consult with the applicant regarding the design approach of the proposed development.

A further meeting took place with the Senior Architect and County Architect on Thursday 10^th January 2008.

Relevant Policy in South Dublin County Council Development Plan (2004-2010):

Policy AA1: Protection of Archaeological Heritage

Policy AA4: Conservation of Buildings, Structures and Sites

Section 12.2 General Design Considerations

Section 12.2.2 Landscape and Site Features

Section 12.4.11 Development in Historic and Rural Villages

Section 12.7.2 Car Parking Provision

Section 12.7.5 Entrances

Section 12.11.3 Development in relation to Protected Structures

Relevant National Policy

National Spatial Strategy 2002-2020, The Department of the Environment, Heritage and Local Government (2002)

Regional Planning Guidelines for the Greater Dublin Area 2004-2016, Regional Planning Guidelines Project Office, (2004)

‘A Platform for Change’,Dublin Transportation Office (DTO), (2001).

Architectural Heritage Protection – Guidelines for Planning Authorities, The Department of the Environment, Heritage and Local Government, (2004).

Assessment:

The main issues for consideration in relation to this application are design and related impact on the character and setting of the Protected Structure, road and parking layout, landscaping, overlooking, internal areas, drainage, impact on the existing streetscape, and archaeological impact.

The proposed development will be assessed under the following headings:

Ø      Zoning Issues

Ø      Rationale for the proposed development

Ø      Quantum of development

Ø      Design Approach

Ø      Detailed Design

Ø      Archaeological Impact

Ø      Impact on the Protected Structure

Ø      Roads and Access Matters

Ø      Privacy and Overlooking

Ø      Landscaping

Ø      Boundary Treatments

Ø      Lighting

Ø      Signage

Ø      Aviation Safety

Ø      Services

Zoning Issues

The proposed development would allow for the refurbishment and bringing back into use of Rathcoole House. However, the proposed development cannot be deemed to be in accordance with the uses permitted under the zoning objective for the site.

A standard condition regarding the monitoring of works within a potential archaeological zone should be included in the event of a grant of permission.  It is considered that the proposed development in close proximity to the LC zoning along Main Street would not be inconsistent with SLO95, regarding commercial development in Rathcoole.

Rationale for the proposed development

The existing structure on the site, Rathcoole House, is the remaining element of a much larger cluster of buildings associated with a mill, with associated grounds, which were located on the subject site, and on the adjoining lands to the south. The adjoining lands to the south have been developed for low density residential use over the years.

To allow for the refurbishment of the existing structure (which is empty and in a state of disrepair) and to utilise the remaining development potential of the site, the applicant proposes an integrated office development of approximately 1,661 sq.m gross floor space, that comprises the construction of a two-storey office building to the west of the existing structure, a glazed link to the existing structure and the refurbishment of the existing structure for office use.

The Conservation Report submitted with the application states, ‘the Protected Structure appears out of scale at present, inter alia, the design solution is a light modern two-storey office building linked by glazing to the Protected Structure, providing a new two storey glazed entrance at street level. This improves the scale but still allows the existing building to dominate the site’. In consideration of the building having been in disrepair and empty for many years, it is stated that, ‘the bonus for the Protected Structure is that it will be restored carefully and correctly without any substantial intrusions to the existing fabric’. 

Quantum of development

The proposed development would result in approximately 1,326 sq.m of office development. The zoning objective allows for up to 100 sq.m of office development only, given said objective is ‘A’, to protect and / or improve Residential Amenity, as the proposed development would materially contravene the zoning objective for the site.  However, given the location of the site, the re-use of a Protected Structure and the quality of the proposed design, in principle the proposal is considered reasonable, subject to the material contravention procedures.

Design Approach

The design approach of the proposed development is considered generally acceptable. The quantum of development and associated layout and footprint of same is appropriate to the subject site and satisfactorily exploits the natural contours of the site. The proposed development strikes a balance between the need to preserve the character and setting of the Protected Structure and the need for new build development on the site necessary to optimise the potential of the site. The applicant proposes a clear demarcation between the existing structure on the site and the contemporary design approach to the new build elements of the scheme. The design approach is considered in keeping with the principles of building conservation and high quality urban design. The glazing element that links the Protected Structure to the new build office building, maintains views of the footprint of the structure and views into the proposed landscaped area to the rear of same. Furthermore, the height and design approach of the new office building respects the character and setting of the Church of Ireland site, adjoining the subject site to the west, and is set-back approximately five metres from the boundary with same.

Detailed Design

The applicant proposes a traditional railing along the western boundary of the landscaped area, adjacent to the two storey office building. This is not acceptable and would detract from the overall design approach of the proposed development by blurring the distinction between the existing Protected Structure on the site and that of the contemporary new build elements. The applicant should be requested to revise the design approach of this treatment, providing for a more contemporary balustrade treatment. The applicant should be invited to consider glazing as an appropriate alternative. The applicant should be requested to submit revised drawings of same. This matter should be addressed by way of a request for further information.

Brochure samples of all external finishes, including railings as indicated on the landscape plan have not been submitted. The applicant should be requested to submit brochure samples of all proposed external finishes, by way of a request for further information.

The layout plans submitted show vents servicing the ground floor car park, along the southern boundary of the site. The applicant has not submitted design details with regard to same, in particular whether or not the vents would project above ground level. From the landscape plan submitted, it would appear that the vents would project above ground level. The applicant should be requested to submit design details with regard to same. This matter should be addressed by way of a request for further information.

Archaeological Impact

The applicant has submitted an Archaeological Assessment and Impact Statement as part of this application. Six test trenches were excavated to ascertain the evidence of structural features associated with Rathcoole House and grounds.

The results of the test trench excavation findings are summarised as follows:

Trench 1 – the concrete surface of an earlier structure was noted, a linear feature was also noted at the base of the trench. Demolition rubble, including large limestone blocks and mortar lenses were also noted;

Trench 2 – the concrete surface of an earlier structure was noted; and a limestone block wall. The eastern boundary wall of the earlier land plot was also noted. The same linear feature that was noted in trench 1 was also observed;

Trench 3 – As in Trenches 1 and 2, the concrete surface of an earlier structure was noted. The eastern boundary wall of the earlier land plot was also noted. The same linear feature as observed in Trenches 1 and 2 was also noted. Features of a probable pathway leading to Rathcoole House and the driveway to same were also noted;

Trench 4 – As in Trenches 1, 2 and 3 the concrete surface of an earlier structure was noted. The same linear feature that was noted in the previous trenches, was also noted. As in Trench 3, elements of the previous pathway to the structure were also noted;

Trench 5 – Nothing of archaeological interest was noted in this trench;

Trench 6 – Nothing of archaeological interest was noted in this trench.

No evidence of the underground passageway was identified as part of the archaeological survey / works carried out on site. The Archaeological Assessment and Impact Statement concludes, ‘removal of rubble and topsoil on the site will reveal features uncovered during the test-excavation. It is likely that further structural remains or other archaeological features could also be exposed during the programme of groundworks’. It is considered that in the event of a grant of planning permission a condition should be attached with regard to pre-development testing and archaeological monitoring, reporting and mitigation measures in compliance with the requirements of The Department of the Environment, Heritage and Local Government.

Impact on the interior of the Protected Structure

The applicant proposes the refurbishment of Rathcoole House as a central part of the proposed development. It is proposed to re-instate the overhang and corbel details to the existing roof, in order to bring the roof back to its proper scale and size. With regard to the external elevations it is proposed to demolish the existing two-storey lean-to extension, remove all cement rough dash, and to re-plaster with lime render three coast work.

At ground floor level, the applicant proposes to strip all walls and remove all damp plaster, replace ceiling joists and insulate same. It is also proposed to erect internal walls, if necessary, lay new screed finished floors and construct new stairs.

At first floor level, the existing floor joist shall be replaced, and it is proposed to copy the original skirting throughout and replace floor boards. Fireplaces are to be re-instated in both main reception rooms. Other works at first floor level include repairing of plaster cornice, replacement of corbels and roses and the provision of new double doors.

At second floor level, it is proposed to keep the room layout but to replace all damaged plaster throughout. It is also proposed to replace all windows with sash windows.

The proposed works to Rathcoole House, both internal and external, are considered extensive, and should be carried out in a way that protects the character and setting of the existing structure. In the event of a grant of planning permission, conditions should be attached with regard to same, including the submission of a method statement and detailed specifications of the proposed works, and the protection / safeguarding of the structure during the course of the construction of the development, and the submission of a photographic record. 

Roads and Access Matters

The proposed development would be accessed from Main Street with an entry / egress system in pace facilitating access to the ground level car-park area. The applicant proposes 20 no. car-parking spaces and parking for 28 no. bicycle parking spaces. Given the design approach of the proposed development the car-park area would be located beneath the first floor level public landscaped areas and would be screened from Main Street by a rendered wall with an arch style vehicular entrance, with quoins matching the design of the existing structure on the site.

The Architects Department is not satisfied with the design approach of the proposed arch style vehicular entrance to the car-park.   By attempting to match the design approach of the existing structure on the site, said feature detracts from the contrast between the existing build and the proposed contemporary new build which appears to be the main design focus to the overall development. As such, it is considered that the applicant should be requested to re-design this element of the proposed development allowing for a more contemporary designed vehicular entrance to the car-park, following the lines and form of the proposed new build adjoining the existing Protected Structure. The proposed quoins should also be omitted. The applicant should be requested to submit revised drawings of same. This matter should be addressed by way of a request for further information.

The proposed development would require 33. no. car-parking spaces in order to comply with Development Plan standard. Given the location of the site within the urban area of Rathcoole village, the Roads Department would accept a reduction of up to 10%, resulting in a car parking requirement of 30 no spaces. The applicant proposes 20 no spaces at ground floor level, therefore resulting in a shortfall of 10 no. spaces. The Roads Department request the application address this shortfall. However, it is the view of the Planning Authority, that given the Protected Structure status of the site, the development constraints associated with same, and the adequate provision of car-parking in the area, the shortfall of parking in this case is not considered to be significant when balanced against the negative impact of additional parking spaces on the site with respect to the retaining the character setting of the Protected Structure.  

The applicant proposes the re-construction of the existing public footpath to the north of the site using silver granite paviors, approximately 400mm x 300mm. The Roads Department request that the footpath be reconstructed of paviors / bricks of maximum dimensions 200mm x 150mm and a minimum depth of 80mm. The Roads Department also request that the paviors / bricks be laid on a 50mm thickness of lean mix concrete (or sand /cement mix) over compacted broken stone, and that the outer periphery be constructed of cast in-situ concrete kerbline with intermediate concrete bands every 10 metres. This matter can be addressed by way of condition.

It is the view of the Architects Department that stainless steel bollards should be erected between the northern strip of trees (adjacent to the public road), set at a distance of approximately 1.8 metres apart, and should not exceed 0.9 metres in height. This matter could be addressed by way of condition.

The Roads Department request details of internal stop / go mechanism at the one way access / egress system accessing the car-park. It is considered that this matter should be addressed by way of a request for further information.

Privacy and Overlooking

Two-storey residential dwellings are located on the adjoining lands to the south, at Beechwood Lawns. The existing ground level along the southern boundary is shown as 122 metres OD on the site survey drawings submitted, however, the ground level of the pedestrian passageway along the southern elevation of the proposed new two-storey office building is shown as 123 metres OD on the section drawings submitted. The Planning Authority would be concerned that as the boundary treatment to said adjoining dwellings would be approximately 2.4 metres in height (as shown on the drawings submitted), this may result in lack of privacy by reason of possible overlooking, overshadowing and easy access into the site.  The applicant should be requested to address this matter by submitting a revised section drawing in a south / north direction, from the rear walls of the neighbouring dwellings at Beechwood Lawns through to the northern boundary of the site, and any revisions should be submitted which mitigate adverse impacts while retaining the high quality setting of the Protected Structure (increasing the height of the opaque boundary would not be acceptable in terms of overshadowing the rear garden).This matter should be addressed by way of a request for further information.

Landscaping

No report from the Parks Department was received at the time of writing this report.

Boundary Treatments

Detailed information has not been submitted with regard to boundary treatments for the proposed development. It is not clear from the documentation submitted whether or not existing boundary treatments are to be retained, or whether new boundary treatments are proposed as part of the proposed development. The applicant should be requested to submit revised drawings, including elevation drawings of all boundary treatments, and clearly label same, stating whether existing treatments are to be retained or not.

Lighting

The applicant has not submitted any details of how the proposed development would be lit nor any details of public lighting of the landscaped area at first floor level. This is a particular concern of the Planning Authority in relation to preserving the character and setting of the Protected Structure, but also from a security point of view (in particular the pedestrian passageway along the western and southern elevation of the proposed two-storey office building, which would appear to directly accessed from Main Street without any gate or security measure. The applicant should be requested to submit a lighting strategy for the proposed development and the locations of all lighting fixtures / columns should be clearly indicated and labelled on revised drawings submitted. The applicant should be advised that only bulkhead and ground lighting would be acceptable on / adjacent to the external elevations of the proposed new buildings on the site. The applicant is also requested to outline how it proposed to light the external elevations of the existing Protected Structure, if at all. Standard public lighting columns are not acceptable at this location given the necessity to preserve the character and setting of the existing Protected Structure on the site, but also that of the existing Church of Ireland on the adjoining site to the west.  Standard public lighting columns may result in light spillage, and by reason of glare may detract from the character and settings of the structures. Furthermore, standard public lighting columns in the proposed landscaped areas may result in light spillages into the rear gardens and onto the rear opes of the neighbouring dwellings at Beechwood Lawns. These matters should be addressed by way of a request for further information.

Signage

The applicant has not included details of signage in terms of location, lettering and composition such as materials and illumination. In the event of a grant of permission it is recommended that a condition be attached that prohibits the erection of any signage without the benefit of subsequent planning permissions.

Aviation Safety

The proposed development would not adversely impact on Casement Aerodrome located to the north of the site. The Department of Defence has no objections to the proposed development.

Services

The Environmental Services Department request further information with regard to foul drainage and surface water drainage. Given the Protected Structure status of the subject site, it is considered that this matter should be addressed by way of a request for further information.

Conclusion

Whilst the principle and general design approach of the proposed development is considered acceptable, given the quantum of office floor space proposed (approximately 1,326 sq.m) it is considered the material contravention process would need to be initiated to allow a grant of permission in this case.

Nothwithstanding same, it is considered that further information should be requested from the applicant with regard to design details, privacy and overlooking, the proposed vehicular access to the car park, lighting and security, finishes, boundary treatments, services, before the aforementioned procedure being initiated.

REPORT IN RESPONSE TO FURTHER INFORMATION REQUEST

REG. REFERENCE: SD08A/0163

CASE OFFICER: Anthony McNamara

REPORT DATE: Friday 19^th September 2008.

Introduction

A response to the further information request was received on 1^st September 2008.

Further Observations / Representations

None on record for subject site

Further Consultations

An Taisce (National Trust for Ireland) – No report received to date

Department of Defence – No objections

Department of Environment, Heritage and Local Government Development Applications Unit – No report received to date.

Architects Department – No objections.

Conservation Officer – No objections subject to conditions.

Environmental Services Department –

Foul Drainage – No objections subject to conditions;

Surface Water Drainage – No objections subject to conditions;

Water – No objections subject to conditons.

Parks and Landscape Services Department – No report received to date.

Roads Department – No objections.

Assessment

Item 1 – Surface water drainage matters

Response

The applicant has submitted revised surface water drainage information and plans for the proposed development.

Appraisal

The revised information and plans submitted are acceptable to the Environmental Services Department subject to conditions.

Item 2 – Foul drainage matters

Response

The applicant has submitted revised foul water drainage information and plans for the proposed development.

Appraisal

The revised information and plans submitted are acceptable to the Environmental Services Department subject to conditions.

Item 3 – Lighting and security

Response

The applicant has submitted a lighting strategy and associated drawings prepared by Lightplus. It is proposed to uplight the existing Protected Structure on the site with in-ground light sources. It is stated in the lighting strategy submitted that the aim of this type of lighting is to ‘emphasise the architecture, particularly the location of windows. The entrance porch especially to be featured’. With regard to the new build office extension it is only proposed to light the underside of the zinc cladding at roof level, to accentuate the height of the existing Protected Structure on site. No lighting is proposed along Main Street, existing lighting columns are to be moved to the furthest extent of the development. Low level bollard lighting is proposed in the rear garden area. It is not proposed to light alleyways at the side and rear of the new build element of the development. ‘Brick lights’ at low level are proposed at the entrance to the proposed car-park.

With regard to security it is stated in a letter submitted that all access gates are controlled, the gate located at street level on the south-western side of the office block would be used as a fire escape only. It is also stated that access to the garden area would be through Rathcoole House only.

Appraisal

The lighting strategy submitted it considered acceptable. It is considered that in the event of a grant of planning permission, a condition should be attached stating that the level of external illumination be reviewable at any time by the Planning Department – South Dublin County Council, and any adjustments to be made at the developer’s expense.

The controlling of the pedestrian access gates and the proposed access to the rear garden area through the existing Protected Structure only, are considered acceptable measures in addressing the security concerns of the Planning Authority.

Item 4 – Car park entrance design

Response

The applicant has submitted drawings showing a revised design of the proposed car-park entrance. The vehicular entrance would be rectangular in shape and would follow the lines and proportions of the proposed office extension to the side of Rathcoole House. The applicant also proposes the use of Kilkenny Blue Limestone as the external finish to both Main Street elevations of the car-park entrance and the proposed office extension.

Appraisal

The design of the car-park entrance is considered acceptable and addresses the previous concerns of the Planning Authority.

Item 5 – Ground levels

Response

The applicant has submitted revised section drawings through the site in a north/south direction (Drawing RO36-AI-0010). The ground level along the southern boundary of the site would change from 123 OD adjacent to the rear (south) elevation of the proposed office building to 122 OD along the remaining southern boundary i.e that area of the proposed podium level garden. The height of the boundary wall at this location would be 2.6 metres. The height of the boundary wall to the rear of the proposed extension building would be 2.0 metres.

The applicant has submitted a sunpath diagram that confirms the proposed development would not result in overshadowing of neighbouring dwellings at Beechwood Lawns.

Appraisal

It is considered that a boundary wall height of between 2.0 and 2.6 metres along the southern boundary of the site would be acceptable and would not detract from the amenities of neighbouring dwellings at Beechwood Lawns to the south. From a security point of view, given that access to the rear garden area would be through Rathcoole House only and the proposed controlling of pedestrian access gates, it is considered that the security of the neighbouring dwellings at Beechwood Lawns would be ensured. 

Item 6 – Ventilation

Response

The applicant has submitted revised ventilation proposals for the proposed ground floor car park, indicated on Drawing RO-36-AI-0003 submitted. The original vents proposed along the southern boundary of the site. The revised vents are located flush with the podium level garden.

Appraisal

The ventilation proposals submitted are considered acceptable and would not detract from the amenities of the end users of the proposed office development or of dwellings in the vicinity.

Item 7 – Railing at western boundary of garden

Response

The applicant has revised the design of railing treatment at this boundary. The applicant has submitted revised drawings showing a glazed balustrade at this location. The proposed railing would be 8 metres in width and 1 metre in height.

Appraisal

The proposed glazed balustrade is considered acceptable and addresses the concerns of the Architects Department.

Item 8 – Boundary treatments

Response

The applicant has submitted revised drawings showing boundary treatments, Drawings R036-AI-0011 and R036-AI-0012. The existing southern boundary wall would be capped and rendered to a uniform height of between 2.0 and 2.6 metres (as discussed under Item 5 above). It is also proposed to cap and render the boundary wall to the east. The existing boundary with the Church of Ireland site to the west comprises a stone wall. Additional stone would be added to this existing wall on the south-west corner of the site to bring the wall up to the height of the southern boundary wall. The remainder of the existing stone wall will be maintained as existing.

Appraisal

The proposed boundary treatments are considered acceptable.

Item 9 – Internal stop/go mechanism

Response

The applicant has submitted drawings showing the proposed barrier at the one way access/egress car park entrance from Main Street (Drawing M563-M01). The proposed barrier would be 1.0 metres in height and 6.0 metres in width.

Appraisal

The location and design of the proposed barrier are acceptable to the Conversation Officer and the Roads Department.

Item 10 – Brochure samples

Response

The applicant has submitted revised drawings and brochure samples detailing all external finishes. The applicant proposes to re-roof the existing Rathcoole House with natural slates to match as close as possible the slates used on the roof of the church on the neighbouring site to the west. With regard to other external finishes the applicant proposes planar glazing, curtain walling to internal elevations, Kilkenny Blue limestone, and flagstone paving.

Appraisal

The proposed external finishes are considered acceptable and would be sympathetic to the character and setting of the existing Protected Structure on the site.

Conclusion

It is considered that the applicant has adequately addressed the Further Information items as outlined above and any outstanding issues can be dealt with by condition. The proposed development is in compliance with Architectural Heritage Protection – Guidelines for Planning Authorities, The Department of the Environment, Heritage and Local Government, (2004).

The proposed development is summarised as follows:

Area proposed for demolition = 20.15 sq.m

Floor area to be retained (Rathcoole House) = 288 sq.m

Gross floor area of proposed office building = 1,373 sq.m

Gross Floor Area  =1661sqm

In the event of a decision to grant of permission the following conditions should apply:

1)      The development shall be carried out in its entirety in accordance with the plans, particulars and specifications lodged with the application, and as amended by Further Information received on 1st September 2008, save as may be required by the other conditions attached hereto.

REASON: To ensure that the development shall be in accordance with the permission, and that effective control be maintained.

2)      No intensification of the office use hereby approved on site, or change of use within Rathcoole House or the proposed office building shall take place, without the prior grant of permission of the Planning Authority, or An Bord Pleanala on appeal.

REASON: In the interests of clarity, orderly development and the proper planning and sustainable development of the area.

3. a) The water supply and drainage infrastructure, including the disposal of surface water, shall comply with the technical requirements of the Planning Authority and shall be in compliance with standards which protect the Archaeological potential of the site.

b) There shall be complete separation of the foul and surface water drainage systems.

c) All drainage works for this development shall comply with the Greater Dublin Regional Code of Practice for Drainage Works which can be viewed/downloaded from http://environment.southdublin.ie (click-publications then specifications).

d) All wastewater from any kitchens/canteens shall be routed via an appropriate grease trap or grease removal system before being discharged to the public sewer.

e).All pipes shall be laid with a minimum cover of 1.2m in roads, footpaths and driveways, and 0.9m in open spaces. Where it is not possible to achieve these minimum covers, pipes shall be bedded and surrounded in C20 concrete 150mm thick.

f).This development shall be fitted with South Dublin County Council specification water meter at the developer’s expense.

g). No part of any building shall be more than 46 m from the nearest hydrant.

h). Each unit shall have its own connection to the public watermain and full 24 hour water storage.

REASON:  In the interests of public health and in order to ensure adequate drainage provision.

4 a) A suitably qualified archaeologist (licensed under the National Monuments Acts 1930-2004) to carry out pre-development testing at the site. No sub-surface work shall be undertaken in the absence of the archaeologist without his / her express consent.

b) The archaeologist is required to notify the Department of Environment, Heritage and Local Government in writing at least four weeks prior to the commencement of site preparations. This will allow the archaeologist sufficient time to obtain a licence to carry out the work.

c) The archaelogist shall carry out any relevant documentary research and may excavate test trenches at locations chosen by the archaeologist, having consulted the proposed development plans.

d) Having completed the work, the archaeologist shall submit a written report to the Planning Authority and to The Department of Environment, Heritage and Local Government for consideration.

e) Where archaeological material is shown to be present, avoidance, preservation in situ, preservation by record (excavation) and / or monitoring may be required and the Department of Environment, Heritage and Local Government will advise the developer of these lands with regard to these matters.

e) No site preparation or construction work shall be carried out until after the archaeologist's report has been submitted and permission has been received in writing from the Planning Authority in consultation with the Department of Environment, Heritage and Local Government.

REASON: To ensure the continued preservation (either in situ or by record) of places, caves, sites, features or other objects of archaeological interest.

5  Works to the Protected Structure (Rathcoole House) shall be carried out in accordance with details provided in the Conservation Report submitted with this application on 1st September 2008. All repair/restoration works shall be carried out under conservation principles and as per the specifications provided by the Conservation Consultant.

REASON: To ensure that all works to the Protected Structure are carried out to the appropriate conservation standards.

6  A suitably qualified conservation architect shall be present on site to supervise the proposed works ensuring that works are carried out as per the conservation recommendations provided in the Conservation Report submitted with this application on 1st September 2008.

REASON: To ensure proper supervision by a suitably qualified professional during the proposed works to Rathcoole House, a Protected Structure.

7  Prior to the commencement of any development on site, the developer of these lands shall submit for the written agreement of the Planning Authority, details of works on how the existing builiding, Rathcoole House, will be safeguarded during the construction of the proposed development.  Specific details shall be provided as to the safeguarding of interior architectural features.

REASON:  To safeguard the existing building and important architectural features.

8  a) The existing roof pitch of Rathcoole House shall be maintained. The roof shall be completely re-slated with natural slate to match the original slates..  Appropriate timber shall replace roof timbers and wallplates. 

b) All timbers shall be pre-treated before coming on site.

c) All new roofing laths shall be used with breathable roof membrane and insulation to the underside. The eave details with timber corbels shall be used as shown on Drawing No.RO36-A1-110 submitted. The corbels shall be used in pairs.

d) The gutters shall be a pressed metal secret gutter behind a built up facia board with all necessary lead flashings.

e) The remains of the timber corbels visible on the west elevation of the curved roof shall be retained as it is part of the original house. 

f) The details for the re-plastering of the exterior of Rathcoole House with lime plaster roughcast (harling) finish shall comply with the specifications and details outlined in the Conservation Report submitted on 1st September 2008.

REASON: To ensure the use of appropriate materials and conservation methods for works to a Protected Structure.

9..a) The landscaping scheme shall be commenced in the first planting season after commencement of development. Thereafter the scheme shall be maintained on a continual basis. Any tree/shrub which fails in the first two planting seasons shall be replaced.

b) The developer of these lands shall submit a certificate of effective completion for the landscape scheme, such certificate to be prepared by the Landscape Architect for the project.

c) Detailed proposals for the future maintenance/management of all landscaped areas following effective completion shall be submitted for the written agreement of the Planning Authority prior to the commencement of development, in order to ensure proper establishment of proposed plantings and grassed areas.

REASON: In the interest of visual amenity.

10.  a) Reconstruction of existing public concrete footpath/bitumen macadam hard strip shall be of paviors/bricks of maximum plan dimensions 200 x 150mm and minimum depth of 80mm. The paviors/bricks shall be laid on a 50mm thickness of lean mix concrete (or sand/cement mix) over compacted broken stone (Mot cl 804 material). The outer periphery shall be constructed of cast in-situ concrete kerbline with intermediate concrete bands every 10 metres.

b) Stainless steel bollards shall be erected between the northern strip of trees (adjacent to the public road) set a distance of approximately 1.8 metres apart, and shall reach a height of no greater 0.9 metres.

c) Relocation of ESB transmission poles/lamp standards shall bein compliance with the technical standards of the of the planning authority (Roads Department - South Dublin County Council) and shall be carried out at the developer's own expense.

REASON: In the interests of amenity and public safety given the increased pedestrian and vehicular access to the site on foot of this permission.

11..No gates shall open across a public footpath.

REASON: In the interests of visual amenity and pedestrian safety.

12  a) The external lighting system shall be designed to minimise potential glare and light spillage, particularly onto the Protected Structure on the subject site (Rathcoole House), neighbouring dwellings to the south and east and the adjoining Church of Ireland site to the west.

b) Levels of illumination shall be reviewable at any time by the Planning Authority and any adjustments made shall be at the developer's own expense.

REASON: To prevent light pollution in the interests of the proper planning and sustainable development of the area.

13 All public services to the proposed development, including electrical, telephone cables and equipment shall be located underground throughout the entire site.

REASON: In the interest of amenity.

14  Sheltered and secure cycle parking facilities shall be provided.  Details of bicycle parking facilities for the units shall be submitted to the Planning Authority for agreement in writing prior to commencement of development.

REASON:  To promote sustainable forms of transport and in the interests of permeability and proper planning and sustainable development.

15. Prior to commencement of development, the developer shall submit, and obtain the written agreement of the Planning Authority, a plan containing details for the management of waste (and in particular, recyclable materials) within the development, including the provision of facilities for the storage, separation and collection of the waste and, in particular, recyclable materials, and for the ongoing operation of these facilities. 

REASON: To provide for the appropriate management of waste and, in particular recyclable materials, in the interests of protecting the environment and in the interests of the amenities of the area.

16. a) No advertising sign(s) or structure(s) shall be erected except those, which are exempted development, without the prior approval of the Planning Authority or An Bord Pleanala on appeal.

b) Signs shall not be internally illuminated.

REASON: In the interest of the proper planning and development of the area.

17. The site works and building works required to implement the development shall only be carried out between 0800 hours and 1800 hours, Monday to Friday and between 0800 hours and 1300 hours on Saturdays and not at all on Sundays, Bank Holidays or Public Holidays.

REASON: To safeguard the residential amenities of adjacent dwellings.

18. a) All necessary measures shall be taken by the developer of these lands to prevent the spillage or deposit of clay, rubble or other debris on adjoining roads during the course of the works.

b) All footpaths and roads affected by the development works shall be maintained in a safe and tidy condition.

REASON:  In the interest of the amenity, safety and maintenance of adjoining roads and footpaths.

19.During the construction/demolition phase of the development, Best Practicable Means shall be employed to minimise air blown dust being emitted from the site.  This shall include covering skips and slack-heaps, netting of scaffolding, daily washing down of pavements or other public areas, and any other precautions necessary to prevent dust nuisances. 

REASON: To contain dust arising from construction / demolition in the interests of public health and to prevent nuisance being caused to occupiers of buildings in the vicinity.

20 The developer of these lands shall comply with British Standard B.S 5228 Noise Control on Construction and Open sites.

REASON:  In the interest of public health.

21 The developer shall pay the sum of € 148,937.34  (one hundred and forty eight thousand nine hundred and thirty seven euro and thirty four cent) (updated to the appropriate rate at the date of commencement of development in accordance with changes in the Tender Price Index) to South Dublin County Council as a contribution towards expenditure in respect of public infrastructure and facilities benefiting development in the area of the planning authority and that is provided, or that it is intended will be provided, by or on behalf of the County Council as provided for in the Contribution Scheme for the County made by the Council.  This contribution to be paid before the commencement of development on the site.

REASON:  The provision of such facilities will facilitate the proposed development.  It is considered reasonable that the payment of a contribution be required, in respect of public infrastructure and facilities benefiting development in the area of the planning authority and that is provided, or that is intended will be provided, by or on behalf of the Local Authority.

22 Before the development is commenced, the developer shall lodge with the South Dublin County Council a cash deposit of € 7,229 (seven thousand two hundred and twenty nine euro) (updated to the appropriate rate at the date of commencement of development in accordance with changes in the Tender Price Index), or a bond of an Insurance Company of € 11,413 (eleven thousand  four hundred and thirteen euro) (updated to the appropriate rate at the date of commencement of development in accordance with changes in the Tender Price Index), or other security to secure the provision and satisfactory completion and maintenance to taking-in-charge standard of roads, footpaths, sewers, watermains, drains, public lighting, open spaces and other services required in connection with the development.

REASON: To ensure the satisfactory completion of the development.

Note 1: The applicant/developer is advised that under the provisions of Section 34 (13) of the Planning and Development Act 2000 a person shall not be entitled solely by reason of a permission to carry out any development.

In the event of a decision to refuse permission, the following reason would apply:

The proposed development, which includes 1,661 sq.m gross floor area of  office use would be in excess of the maximum area for office use permitted on sites subject to the 'A' zoning objective, where the South Dublin County Council Development Plan 2004 - 2010 states that  "...Offices over 1,000 sq.m are not permitted within this zoning objective…".  Therefore it is considered that the proposed development by virtue of the scale of proposed use would constitute a material contravention of the zoning objective, which seeks "to which seeks to protect and/or improve residential amenity". 

RESOLUTION

It is necessary for the passing of a resolution deciding to grant planning permission for a development which would materially contravene the County Development Plan that the number of members of the Council voting in favour of the resolution be not less than three quarters of the total number of members of the Council (fractions being disregarded).  In the case of this Council the number required to vote in favour of the resolution must not be less than 19.

It is recommended that in the interests of the proper planning and sustainable development of the area that the following resolution be passed in accordance with Section 34 (6)(a) (iv) of the Planning and Development Act 2000:-

“That a decision be made to grant planning permission in respect of the application for planning permission Reg. Ref. SD08A/0163 for the refurbishment, re roofing and change of use of Rathcoole House, a Protected Structure, from residential to corporate headquarters/office, to provide c.288sq.m. of office space over 3 floors, within the building the construction of c.1038sq.m. of new office space to the west/southwest over two floors and a link between the existing and proposed buildings. The development also includes the demolition of a lean to structure on the north-eastern corner of the existing building. The new extension will also accommodate toilets,plant areas, storage, boiler room and kitchen.. Rathcoole House is 3 storey at Main Street level (north) and 2 storey to the south.  The development also includes the construction of a glazed atrium space of c.90sq.m. at Main Street/ground level, vehicular access/egress, 20 no. car parking spaces at ground level, podium level garden area at existing first floor level, and all ancillary site development works and services..

 at Rathcoole House, Rathcoole, Co. Dublin for Kevin Mc Nulty as a material contravention of the South Dublin County Council Development Plan 2004-2010 subject to the conditions as set out in the report of the County Manager.”