COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN AREA COMMITTEE

Tuesday, May 28, 2013

HEADED ITEM NO. 6

REPORT ON PROPOSED EXTINGUISHMENT OF THE PUBLIC RIGHT OF WAY OVER GRASSED STRIP AT BEWLEY GROVE AND MOUNT BELLEW WAY, LUCAN.

REPORT:

The following Headed Item was tabled at the Lucan Area Committee Meeting on 23rd April, 2013.

'Report on proposed extinguishment of the public right of way over grassed strip at Bewley Grove and Mount Bellew Way, Lucan, Co Dublin.' Following the report, the Area Committee deferred the decision to refer the closure of the right of way to a Council Meeting and it was agreed to enable the Manager to investigate the feasibility of a permeability project at this location.

 New Information Since April Meeting

 As part of the investigation into the feasibility of a permeability route in lieu of the existing tracks across the open space between Mount Bellew, Bewley Grove and St. Andrew's Fairway, the following work was undertaken:-

• User Counts and profiling on Thursday 2^nd & Tuesday 14^th May 2013
• Consultation with Lucan Community Gardaí and the Lucan Educate Together School
• Internal consultation and analysis with Traffic and Parks staff
• Consultation with National Transport Authority (NTA) regarding funding
• Planning history/legislation check

 User Counts

The results of the user counts outlined the following:

• 477 trips were made on Thursday May 2^nd (between 7am and 7pm),
• 467 trips were made on Tuesday May 14^th (between 7am and 7pm),
• 25% of users (116) - observed as arriving by car to use the tracks
• 75% of users (351) - sustainable modes of transport i.e. walking and cycling

 The counts detailed that parking associated with the school is predominantly in St. Andrew's Fairway (69% or 80/116 trips). This indicates that the existing car parking/ set down issues at Lucan Educate Together School combined with traffic congestion on Willsbrook Road have resulted in the dispersion of the car parking and set down demand to the adjoining estates.  Whilst the closing of the tracks would provide a barrier to this and would result in the deflection of school related car parking from adjoining estates to Mount Bellew/Willsbrook Road, this would further exacerbate traffic congestion and potential traffic hazard at these already congested locations.

 A more detailed survey of a sample of 75 users was undertaken on the day of the first count.  This indicates that 75% of those surveyed use the route three times a week or more and that 61% of users were from Bewley, St. Andrew's or Mount Bellew.  This also indicated that 56% of trips were to access the school, with the remainder to access the bus stop, shops, park and visit friends. 

 During the course of the survey, six adjoining residents requested to be surveyed and to make their views known, in addition to the 75 users. 

 Consultation with Local Gardai and Lucan Educate Together School

The results of the consultation with the Gardaí and the school indicate that traffic and car parking problems are present in the area at school time and have been reported.  The Gardai were not aware of anti social behaviour issues, which they indicated have not been reported.  Whilst not a significant issue at this location relative to other areas, the problems undoubtedly exist at a relatively low level and may therefore be addressed through design and deterrence measures.

 The school principal is also aware of traffic and parking issues and would welcome potential solutions, but believes that closure of the fence is not the answer.  The School is within the Green Schools programme and took part in the Smarter Travel Communities initiative during 2012 and demonstrated strong potential for 'park and stride' measures.

 Internal Consultation with Roads-Traffic and Parks

The Roads Traffic and Parks sections have been consulted in respect of the impact of the closure of the fence and potential solutions to address issues of concern. The Roads Traffic section consider that if the pedestrian access between, Bewley, St. Andrew's and Mount Bellew were closed, the resulting displacement of vehicles would be likely to lead to an increase in on street parking both within Mount Bewley and on the Willsbrook Rd. 

 It is the traffic section view that any increase in parking on the Willsbrook Road in particular would lead to deterioration in traffic conditions and increase congestion and delays in the area. Also, planned proposals for further improvements to the junctions on Willsbrook Road as part of the NTA funded cycle scheme would be negatively affected if local permeability is reduced.

 The parks section is concerned that closure of the fence is not guaranteed to displace anti-social behaviour and could lead to the re-establishment of a more dangerous makeshift means of climbing over or through the fence that could lead to personal injury claims or encourage vandalism in terms of the removal of fence panels.

 Experience elsewhere, including throughout South Dublin County suggests that closing off an area with barriers and fences provides a secure, safe haven for those intent on loitering, whereas providing a clearly defined, secure, lit route that can be used by all and encourages passers by and passive survelliance, especially where visible and directly overlooked by housing.  This type of measure will actually discourage anti social behaviour and when combined with CCTV, acts as a strong disincentive to such activity.

 Consultation with National Transport Authority (NTA) regarding funding

The importance of the route to permeability in the area in accordance with the NTAs sustainable transport measures grants programme and the comparable cost of establishing a route that would attract 350 or more sustainable trips on a daily basis (and the impact of closing one that does) as well as a recognition that traffic congestion and parking in the vicinity of the school need to be addressed, has meant that the NTA has indicated in a letter (appended) that it would support the further exploration of a package of measures that would enable the fence to remain open and improve the local situation.

 To address the existing traffic, car parking and anti social behaviour issues in the area and enhance permeability and the promotion of sustainable transport, the Manager has worked with the NTA and proposes the exploration of the following balanced package of measures: 

• Improve existing access (footpaths, public lighting, CCTV, landscaping);
• Provide new car parking / set down and turning area and along Mount Bellew (opposite school);
• Provide a new public car park at Willsbrook Park and initiate a 'Park and Stride' scheme to the school;
• Investigate the provision of a set down area on the Outer Ring Road at the southern pedestrian entrance to Mount Bellew;
• Work with the school to manage drop off of children;
• Introducing and enforcing traffic/parking management during school drop-off/collection times in St. Andrew's and Bewley Estates and at other locations.
• Setting up a stakeholder group including Residents, Lucan Educate Together, Gardaí and South Dublin County Council to manage the route.  

As the above demonstrates, a balanced package of measures should be examined in order to address the issues arising at this location. It is of particular benefit that the NTA has indicated a willingness to support the analysis, design and funding of such a package.  Given the strength and availability of NTA commitment, it is respectfully suggested that it could be considered unreasonable not to allow an opportunity to develop these proposals further.

 Planning History/Legislation Check

In response to representations from local residents, and elected members, this has been assessed in further detail.  It is apparent that the existing Bewley, St. Andrews and Mount Bellew Estates were constructed more than seven years ago and are therefore outside the period for planning enforcement action. 

 The most recent planning permission (SD00A/0907) was for Mount Bellew and the landscape plan submitted indicates that 'access details to be confirmed by SDCC' at the boundary location in question.  This indicates that the permission envisaged that access would continue to be provided.

 It is also apparent that the areas of open space between the three estates through which the right of way exists, are provided as public open space.  Whilst it remains possible to extinguish the right of way under the current procedure, the works required to give effect to this would require planning consent under the 'restrictions on exemption' in the Planning Regulations 2001-12.  This is because Part 2, Article 9 (x) of the Planning & Development Regulations determines works that 'consist of the fencing or enclosure of any land, habitually open to the public during the 10 years preceding such fencing or enclosure for recreational purposes or as access to any seashore, mountain, lakeshore, riverbank or other place of natural beauty or recreational utility', to be development.

 This means that if the Area Committee and Council decides to proceed with the closure of the right of way, there would be a requirement for planning consent for the works.

 Manager's Recommendation

 The Manager considers the closure of the right of way will have a significant negative impact the area, including in particular:-

• Current users of the route (almost 500 a day, 350 of whom are using sustainable modes) who would no longer have the option of using the route and would face longer, more inconvenient and less safe journeys;
• The Lucan Educate Together School Community (c450 children and their parents); who would no longer have the option of using the route and would face worse traffic congestion and potential hazard as a consequence;
• Mount Bellew Residents (c100 no. residential units), who would face worse traffic congestion at the entrance road to their estate as well as potential parking problems;                 
• Users of Willsbrook Road, that will have to take more traffic;
• Bewley and St. Andrew's residents (c100 no. residential units each), who would no longer have the option of using the route, with no guarantee that anti-social behaviour would be addressed.

 In contrast to this negative scenario, the proposed package of measures is intended to provide improvement for both adjoining residents and the wider community and would lever significant local investment:-

• The proposed works to define, light, remove vegetation and provide CCTV would make the area more visible and deter anti-social activity;
• Restricting and enforcing parking measures in adjoining estates at school times would eliminate drop off parking;
• Providing set down parking and turning at the school would free up access for school users mount Bellew residents;
• Providing park and stride parking at Willsbrook Park and on the ORR would provide alternative parking and set down options for school users and much needed parking for the park, that would in turn discourage anti-social activity;
• Working with the Gardai and School as well as the Council in respect overseeing the behaviour change aspects of the above would ensure that there is an ongoing commitment to monitoring and review.

 The closure of the route and rejection of the package of measures would remove the potential benefits of the proposal for the wider community.  

Having regard to the existing level and purpose of usage of the route, the serious negative impact of closure on the community, and extent of NTA support on offer for a package of alternative package of measures, the Manager strongly recommends that the route remain open and the extinguishment not be proceeded with, at least until there has been an opportunity to develop these proposals further. It is of further concern that implementing closure of a well used permeability link connecting local facilities could impact negatively on the overall sustainable transport projects programme which SDCC is successfully implementing with the NTA across the County. (Full details given by NTA at the March O & P & F meeting).