COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, November 08, 2010

HEADED ITEM NO.9(i)

HEADED ITEM: P. Department, Michael Hannon

REPORT ON PART 8 OF PLANNING AND DEVELOPMENT REGULATIONS 2001 - 2008.

Report on the Part 8 Public Consultation in relation to the Proposed Road to the rear of Dodsborough Cottages, Lucan

REPLY:

A report and presentation outlining the proposal to proceed to Part 8 Statutory Public Consultation in connection with the above was noted at the Lucan-Clondalkin Area Committee (1) meeting held on 16th June 2010 and it was agreed to proceed with the Part 8 consultation.   A report on this Public Consultation was presented to the Lucan-Clondalkin Area Committee (1) meeting held on the 20th October 2010 and the recommendation to proceed with the proposal was noted by Elected Members.

The details of the proposal and the report on the Public Consultation is as follows.

The following report was presented to the Elected Members at the Lucan Clondalkin Area Committee (1) on the 16th June 2010.

Part 8 Public Consultation for a Proposal to Construct An Access Road to the Rear of 17 - 23 Dodsborough Cottages, Lucan

PLANNING AND DEVELOPMENT ACT 2000

Part 8 Planning and Development Regulations 2001 to 2007 

Proposed Part 8 Public Consultation for the construction of a new section of road to the rear of 17 to 23 Dodsborough Cottages, Lucan.

Proposal

This is a proposal to construct an access road to serve proposed new individual housing units (subject to planning permission) in the rear gardens of the houses at 17 to 23 Dodsborough Cottages in Lucan.  There is no access at present to these gardens since the gardens themselves back onto the open space at Airlie Heights Estate.   There is a short section of road that was constructed by the Lucan United Football Club to provide access to their recently constructed clubhouse and car park and the proposal would extend this road as far as the rear garden of 23 Dodsborough Cottages.

In order to facilitate this proposal it would be necessary to construct a road parallel with the garden boundary across the open space.  The feasibility and the impact of this proposal have been examined.  There would be no negative impact on the existing playing pitches and minimal impact on the quantum of open space that would be affected.  A section of hedgerow to the rear of the gardens would have to be removed but there may be a possibility of retaining some of the trees – which are of a relatively young age.  On the positive side there would be an increase in passive supervision of the open space.

The proposal incorporates the construction of the road to normal Council standards including the provision of public lighting, drainage, footpath, a low concrete wall boundary to the open space and access points for Council maintenance equipment and also to the Lucan United car park.  The boundary wall will be screened on both sides by a hedge and with a line of street trees to provide for the creation of an avenue.

This Part 8 proposal is to facilitate this development.  The road itself would be constructed, at no cost to the Council, by the owners of the sites acting as a consortium and subject to conditions agreed with the Council.  The plans for the individual sites would be subject to applications for planning permission in the normal way.

Plans and particulars of the proposed development will be available for inspection or purchase at a fee not exceeding the reasonable cost of making a copy at:

(a) South Dublin County Council Offices, County Hall, Tallaght, Dublin 24 between the hours of 9:00 am – 5.00pm Monday to Thursday and 9.00am - 4.30pm on Friday (Inspection and purchase),

(b) County Library, County Hall, Tallaght, Dublin 24 between the hours of 9.45am-8.00pm Monday to Thursday and 9.45am - 4.30pm Friday and Saturday (inspection only).

From Monday 21st June 2010 to Friday 30th July 2010.

Written submissions or observations with respect to the proposed development, dealing with the proper planning and sustainable development of the area in which the development would be situated, may be made in writing before 4.30 p.m. on Friday 13th August 2010 to the:-

Senior Executive Officer, Parks Department, South Dublin County Council, County Hall, Tallaght, Dublin 24.  E-mail address: - parks@sdublincoco.ie Website: www.sdublincoco.ie

It should be noted that the Freedom of Information Act applies to all records held by South Dublin County Council. Web: www.southdublin.ie

Three submissions were received by the closing date;

  1. Paul O Connell and Associates on behalf of Lucan United FC
  2. A group of residents from Airlie Heights
  3. G and F Consultants on behalf of Mr and Mrs J Dalton, 23E Dodsborough Cottages

The submissions made and the response of the Council to them is detailed as follows.  (Some of the individual items in the separate submissions that are essentially similar have been grouped

 and treated together for ease of reference):

1  Lucan United FC

In principle there is no objection to the proposal

LUFC are concerned that the low concrete stub wall and associated hedging is located too close to one of the main entry points of the clubhouse. Further, they are concerned that it will restrict the movement of bulky items of club apparatus such as temporary goal posts in and out of the building.   Response There is no reason that the concrete stub wall and associated hedging should restrict movement of bulky items from the club house.  The Council can discuss the details of the wall construction with the club prior to commencement of the project in order that any possible problems can be dealt with in an organised manner.

An alternative to the wall construction is suggested that would eliminate possible anti social activity.  There is also concern about the height of the hedge. Response The wall is considered to be the most appropriate form of boundary to prevent unauthorized encroachment and combined with the hedgerow will be an aesthetically pleasing addition to the area.  The hedgerow will be maintained at a height of 600 – 800mm which will provide a clear vision across the open space that will enhance the security of the area.

The club is concerned that balls kicked from the adjoining pitch might pose a health and safety hazard to road users and it requests a high netting to prevent this. Response There is no reason to suppose that this will present a problem and therefore high netting is not considered to be a necessary addition to the proposal.

LUFC would ask that in the event of the cost of their insurances increasing due to the proximity of the new roadway that, the developer be responsible for any such ongoing increases.   Response There is no reason to believe that insurance cover for the club will increase as a result of the extension of the public road system in the estate.

LUFC understand that the roadway is not intended to be extended beyond the location shown on the drawings. Response It is not intended to extend the roadway beyond the location shown on the public consultation drawings.

It is noted that there is no provision for on street car parking in the plans exhibited.  It is likely therefore, that visitors to any new end of garden dwellings will park on the roadway affecting traffic flow or alternatively park in the spaces presently intended to service the clubhouse close to the Airlie Heights housing and directly beside the clubhouse. It is reasonable to suggest that additional off street car parking is essential.   Response The proposed road is a cul de sac and as such should pose no problems in terms of excessive car parking or interfere with the car parking for the club.  It is not intended to provide additional  car parking spaces.

The sectional drawing indicates the proposed location of lighting standards on the side of the new roadway closest to Dodsborough Cottages gardens. LUFC would ask that consideration be given to their relocation to the northern side of the roadway. This would help to increase the general lighting levels about the exterior of the clubhouse and help to reduce potential anti-social behavior and increase security. Response The detail of the positioning of the lighting standards will be a matter for the final design of the road and that design will be undertaken by the consultant appointed by the group of residents in conjunction with the Roads Department of the Council.  Consideration will be given at that time to having the lighting standards positioned as requested but only if this would comply with the appropriate safety and design standards.

It is noted that LUFC would wish that in the event of a new roadway being constructed that it be speedily taken in charge by the Local Authority to ensure that it is adequately maintained and so that LUFC have a direct reference point in the event of any ongoing defects with its construction, maintenance, bin collections, removal of abandoned vehicles etc.   Response   It is intended that the road will, if constructed, be taken in charge by the County Council  subject to the normal taking in charge process.

LUFC would wish to see a method statement relating to the construction period in advance of any decision to grant permission for its construction. Such should include a programme for construction, and deal with the issues associated with likely disruption etc. to the day to day operation of LUFC’s clubhouse. A bond to ensure satisfactory completion of the construction stage should be in place before any construction is permitted to start.   Response   All of the matters raised above will be included in documentation that is a normal requirement for such projects.

2  A group of residents from Airlie Heights

The group of residents object to the proposal “on the grounds that if the development went ahead, it would result in significant increases in the levels of traffic problems and noise in Airlie Heights.  It will have a serious impact on the current parking problems in the estate”. Response If the road is constructed to allow for the construction of houses in the rear gardens in Dodsboro Cottages it is likely that at most a total of 8 houses would be constructed.  It is not considered that the volume of traffic generated by this development would result in any significant increase in traffic generation in Airlie Heights estate or contribute to car parking problems in the estate.

3  G and F Consultants on behalf of Mr and Mrs J Dalton, 23E Dodsborough Cottages

The proposed access road will create unnecessary noise and turning areas are renowned for anti social loitering by younger drivers. Response The road will be a short cul de sac road and therefore traffic will move at a relatively slow speed that will not create undue noise intrusion. This area (Airlie Heights) and the adjoining Dodsboro Cottages estate have a number of cul de sacs and it is not accepted that anti social activity will be higher than normal as a result of the construction of this road.

The natural environment would be destroyed and there would be serious effects on the natural light and overlooking of adjoining properties. The characteristics of the surrounds will be negatively impacted upon. Response This area is in the main an urban  housing area and it is not intended to destroy any of the existing natural environment but it may be necessary to remove a section of hedgerow to the rear of Dodsboro Cottages.  Any removal of hedgerow will be controlled by condition in any subsequent planning application and it would be the intention of the Council to preserve this hedgerow if at all possible.  The issue of natural light and overlooking will also be dealt with through the planning application process.  There will be a change in the character of the surroundings but it is intended that this will be ameliorated by additional planting, including street tree planting and conditions in relation to the materials to be used in any subsequent building work as a result of a grant of Planning Permission.

Sufficient details regarding accommodation works have not been provided and the proposed concrete stub wall is insufficient to provide adequate security. Response The Council contends that sufficient details have been provided as part of the public consultation process that would allow for a proper understanding of the purpose of the proposal as well as the likely impact of it on the surrounding area and the residential population. It is also contended that the concrete stub wall is adequate to provide the necessary security to the open space and this has already been provided in other areas of the same open space.

Insufficient detail has been provided in relation to surface water, foul sewage and potable water supply. Response Surface water runoff will be accommodated through the existing system in Airlie Heights or as advised by the Environmental Services Department. Foul sewage will also be accommodated through the existing system in Airlie Heights and Environmental Services Department has advised that there is sufficient capacity in the system to accommodate this. There is sufficient capacity to cater for water demand and the supply to the client’s property should not be affected by the construction of a system to cater for the proposed development.

The public lighting on the proposed road will spill into the clients property and create unnecessary lighting in the rear garden. Response The public lighting will be directed onto the road and any spillage will not impact negatively on the adjoining properties. 

The access road provides a direct route to the rear of our Client’s property leaving the potential for burglary and unwanted access to the rear of our Clients property. Response The existing housing area in Dodsboro Cottages is open at the rear to an open space in Airlie Heights and there will essentially be no change to this if the proposal is implemented.

Construction of the proposed access road and future development will create unnecessary construction nuisances such as noise, vibration, dust and dirt on the local roads. Response Construction is a normal activity particularly in an urban environment. Any construction work creates dust and noise and this is regulated by way of condition arising from Planning Permission and this will be done in the event of an application for Planning Permission to construct the road.

For many years the green area proposed for the road has been used by the children and parents of Dodsboro Cottages as a walkway to the local school.  The proposed road would take this access away forcing parents to drive to the school. Response There will be no change in the use of the open space as a result of the construction of the proposed road and no reason for parents to be forced to drive their children to school as a result.

Having considered the three submissions received it is considered that the proposal is in accordance with proper planning and sustainable development and that the issues raised can be dealt with by way of conditions arising from a subsequent planning application by the group of residents who wish to build in the rear gardens of 17 to 23 Dodsboro Cottages.  It is therefore recommended that the Part 8 Proposal is approved by the Elected Members.