COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, October 10, 2011

HEADED ITEM NO. 18

HEADED ITEM: M. Maguire - Corporate Services

NEW PROCEDURE UNDER S.12 OF THE 2010 PLANNING ACT REGARDING TALLAGHT LOCAL AREA PLAN

REPLY:

The following report was presented to, and considered by, the members at the O P & F meeting on 22nd September:

" 1) Introduction

Section 12 of the Planning and Development Act 2010 introduces a new provision, that amends Section 19 of the Planning and Development Act 2000, whereby a Planning Authority may extend the life of an existing Local Area Plan (the normal LAP duration is 6 years), for a further 4 years, i.e. up to a total of 10 years from adoption, provided the Planning Authority resolve to do this within 5 years of the original adoption date. (Members will be aware that there is also a mechanism in the Act for extending individual grants of planning permission.)

The Tallaght LAP was adopted in October 2006 is the first SDCC LAP to be affected by this legislation.  It will remain in force for 6 years from its adoption until October 2012.  The new procedure introduced under Section 12 of the Planning and Development Act 2010 gives the Council the option to extend the Tallaght LAP to October 2016.

Further to a briefing of the Tallaght Area Committee members, the purpose of this report is, in accordance with Section 12 of the Planning and Development Act 2010 and Section 19 of the Principal Act as amended, to set out below the opinion of the Manager that:-

a) The Tallaght Town Centre Local Area Plan remains consistent with the objectives and core strategy of the South Dublin County Development Plan 2010 – 2016; and

b) The objectives of the Tallaght Town Centre Local Area Plan have not been substantially secured.

2) Consistency with the objectives and core strategy of the South Dublin County Development Plan 2010-16

 The South Dublin County Council Development Plan 2010- 2016 sets out a coherent spatial planning framework for theCounty within the context of the National Spatial Strategy (2002) and the Dublin and Mid East Regional Planning Guidelines.

The primary aim of the Core Strategy as articulated in the Development Plan is as follows:-

“The core strategic aim of this Development Plan is to promote a more consolidated and compact urban form for this County. This will entail the following:

• The consolidation/strengthening of our designated town centres particularly the County Town of Tallaght”.

 The Development Plan policy for Tallaght County Town is as follows:-

 “Policy TDL7  It is the policy of the Council to secure the future development of Tallaght Town Centre as the County Town, to intensify and expand the town centre area and to facilitate the development of the extended town centre subject to the provisions of the Tallaght Town Centre Local Area Plan (2006). The Local Area Plan will continue the augmentation of the retail provision within the town centre and to upgrade the existing retail component to ensure its competitiveness in relation to other comparable centres elsewhere.

 The Tallaght Town Centre Local Area Plan (2006) provides for:

 • Promotion of Tallaght as a vibrant and desirable place to live, work and visit;

• Identification of a range of opportunities to intensify development in the town centre in accordance with local conditions and aspirations;

• Encouragement of a diverse range of land uses;

• Facilitation of a layout which integrates streets, squares and parks as well as linkages and accessibility;

• Sustainable employment opportunities;

• Quality housing;

• Community and cultural facilities;

• Choice of public transportation, cycling and walking as an alternative to the motorised vehicle;

• Protection and conservation of the natural and built heritage of the area;

• Securing of the area;

• High quality parks and public spaces, linkages with Sean Walsh Park and establishing a clear relationship between Tallaght and the Dublin Mountains and

• The appropriate scaling, location and heights of buildings combined with a proper network of streets, squares and gardens.”

The introduction by the Council to the Development Plan of the Employment Priority (EP)1 zone allows mixed land-use, developed mainly for employment generating uses but also being flexible to allow the introduction of residential use, where it is deemed appropriate i.e. in EP1 areas in the Tallaght Town Centre Local Area Plan and the Naas Road Development Framework.

It is apparent from the above and it is the opinion of the Manager that the Tallaght Town Centre Local Area Plan remains consistent with the objectives and core strategy of the South Dublin County Development Plan 2010 – 2016. 

3) Securing the Objectives of the Tallaght Town Centre Local Area Plan

The strategies  and objectives of the Tallaght Town Centre LAP are divided into three main areas as follows:-

• Land Use and Intensity;

• Access and Movement;

• Community and Culture

 The achievement of the objectives in the LAP has not progressed significantly due to the unsettled economic climate. It is envisaged that when economic activity strengthens, that the rate of progress will be significantly less than before. There remain a considerable number of vacant and underutilized sites within the Town Centre lands.

 In terms of land-use, while almost 250 planning applications have been made since the adoption of the LAP in October 2006 t he implementation of the majority of permissions granted has been delayed due to economic circumstances :-

 Major Developments Granted and Built:

 Major Developments Granted and Not Constructed to date:

 There is approximately 95,000sq.m. of floorspace undeveloped (38,795 sq.m. office, 54 apartments, 19,917 sq.m retail, 13,423 sq.m cinema/leisure, 16,000 sq.m Educational, 1,700 sq.m car-showroom and 1,414 sq.m medical) in addition to the undeveloped permission for The Square Shopping Centre Extension.  Both the land-use and the density of developments proposed reflect the objectives as set out in the LAP.

 The policies and objectives in the Tallaght Town Centre LAP have also been important in ensuring that development that has not been sustainable and is not in accordance with the Plan has not received planning permission.  This is particularly so where proposed development does not concur with the phasing (see below) set out in the LAP.

 Major Developments Refused Planning Permission:

Permission for 3,597 sq.m of office, 331 apartments, 4,987 sq.m of retail and 5,013 sq. of hotel floorspace have been refused under the provisions of the Tallaght Town Centre LAP.

In terms of Access and Movement, the principal achievement has been the provision of a section of the high quality Zip pedestrian link with the second section due to be delivered as part of the facilitation work in the Institute of Technology, Tallaght.

One of the major advantages of the Tallaght Town Centre LAP is the Phasing set out.  While the proposed target level of growth is not strictly area specific, it is subject to the provision of certain key infrastructure and amenity improvements with regard to proposed development in the Town Centre area. This combination of quantitative, geographic and infrastructural considerations will significantly influence the amount, location and sequence, i.e. the ‘roll-out’, of future development in Tallaght Town Centre.

Specifically, redevelopment of sites in the vicinity of the Cookstown Luas and Belgard Luas precincts and the expansion of the Town Centre into Cookstown will not be granted until the key road infrastructure of the Belgard Square East/North connection to Fourth Avenue, the Airton Road Extension to Cookstown Road, the Embankment Road Extension and new access to the Cookstown Industrial Road from this Extension is in place.

In terms of Community Facilities and Culture, a Playground has been provided in Sean Walsh Park and a new CCTV system has been installed in the Town Centre.

4) Objectives of the LAP not secured

There are a series of objectives in the Tallaght Town Centre LAP within the Land Use and Intensity, Access and Movement and Community and Culture sections that have not or have only been partially secured. These are as follows:-

There also remain many vacant and underutilised sites in and around the Town Centre.  It is conisdered that the objectives of the Tallaght Town Centre LAP 2006 have not been substantially secured.

5) Statutory Procedure under Section 12 of the Planning and Development Act 2010.

Having sought and received from the Manager:-

1)     The opinion that the local area plan remains consistent with the objectives and core strategy of the relevant development plan; and

2)     The opinion that the objectives of the local area plan have not been substantially secured;

as set out in this Report, it is confirmed that that the sending and publishing of the notices may be deferred for a period of 5 years from October 2011 to October 2016. 

Subsequent to a resolution under S. 19 (1) (d) of the Planning and Development Act 2000 (as amended by Section 12 of the Planning and Development Act 2010), the Planning Authority must publish notification in a newspaper circulating in the area of the local area plan not later than 2 weeks after the resolution is passed and notice of the resolution must be made available for inspection by members of the public during office hours of the planning authority and made available in electronic form including by placing the notice on the authority’s website.

6) Manager’s Recommendation

It is recommended that the Council approve the procedure to defer the sending of a notice under section 20(3)(a)(i) of the Planning and Development Act 2000 -2010 (i.e. notices for making, amending or revoking the Local Area Plans as amended by Section 12 of the Planning and Development Act 2010) for the Tallaght Town Centre Local Area Plan for a further period not exceeding 5 years."

Following discussion it was AGREED that the Committee recommend the approval of the following resolution at the October Council Meeting :

"That this Council approve the procedure to defer the sending of a notice under section 20(3)(a)(i) of the Planning and Development Act 2000 -2010 (i.e. notices for making, amending or revoking the Local Area Plans as amended by Section 12 of the Planning and Development Act 2010) for the Tallaght Town Centre Local Area Plan for a further period not exceeding 5 years."