COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Thursday, February 04, 2016

MOTION NO. 9

MOTION: Councillor W. Lavelle

Clonburris SDZ

Noting the designation of an extended Clonburris SDZ by Government under SI 604 of 2015; and further noting that under S.169(9) of the Planning & Development Act the preparation of an SDZ planning scheme can override and revoke zonings outlined in the Development Plan; it is proposed that the future use of all these lands in the now-designated and extended Clonburris SDZ should be separately considered in the context of the preparation of the SDZ planning scheme, including with reference to detailed transport assessments; and therefore, in the interim, all lands in the extended SDZ should be zoned as ‘SDZ’, with the following exceptions;

• - the lands making up Lucan Pitch & Putt should be zoned as ‘OS’ (map attached)

• - the lands identified for the extension of Griffeen Valley Park southwards to the Grand Canal should retain their existing ‘0S’ zoning;

• - the entire sites of Kishogue Community College and Lucan East Educate Together NS should be zoned as ‘Res’ (maps attached), in the same manner that as-built areas of Adamstown SDZ are zoned ‘Res’;

Furthermore, it will the policy of South Dublin County Council to seek to adhere to all local objectives contained in the Development Plan by including them in any future planning scheme, including, for example, C12 SLO 1 requiring the provision of public open space, including at least one full size playing pitch.

Co-sponsored by Cllr. Casserly

REPORT:

The Planning and Development Act 2000 (Designation of Strategic Development Zone: Balgaddy-Clonburris South Dublin County) Order 2015 (S.I. No. 604 of 2015) establishes a revised designated area for the Balgaddy-Clonburris Strategic Development Zone (SDZ) in accordance with Part IX of the said legislation. It is accepted that Development Plan maps should be amended to reflect the Order and that the designated lands should be identified. The application of development plan zonings and specific local objectives to lands that are now within the designated area is, however, no longer appropriate and would be at variance with the SDZ Order and planning and development legislation.

As stated in the Order, the area is designated for the establishment of a strategic development zone and the making of a draft planning scheme under the Planning and Development Act 2000 (as amended), which is a separate reserved function to the making of a Development Plan.

Section 168 of the Planning and Development Act 2000 (as amended) requires each draft planning scheme to indicate (inter alia) the type or types of development which may be permitted, the extent of such development and proposals relating to transportation. It is a requirement for this reserved plan making function to be subject to a comprehensive public consultation process and to consider the proper planning and sustainable development of the area such as transportation and the need for recreational amenity lands. This rules out the need to prescribe land uses and specific local objectives prior to the making of a planning scheme.

Section 169 of the Planning and Development Act 2000 (as amended) comprehensively prescribes the process for making a draft planning scheme. It is stated that, in considering a draft planning scheme, the provisions of the development plan and the effect on neighbouring land shall (inter alia) be considered together with the proper planning and sustainable development of the area. These provisions ensure that a planning scheme can be comprehensively considered without onerous restriction while at the same time ensuring that the broader and strategic provisions of the development plan are considered including proper planning.

The prescribed application of Development Plan zoning objectives and specific local objectives to designated SDZ lands prior to the making of a Planning Scheme would pre-empt and undermine the separate plan making process in an inappropriate manner.

Recommendation

It is recommended that this motion is adopted with amendment:

Amend all Development Plan Maps (Nos. 1,2,4 and 5) to reflect the Planning and Development Act 2000 (Designation of Strategic Development Zone: Balgaddy-Clonburris South Dublin County) Order 2015 by identifying all lands that are subject to the SDZ Order and replacing the zoning objectives and specific local objectives of the lands affected with an SDZ identification.