COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Thursday, February 04, 2016

MOTION NO. 29

MOTION: Councillor L. O'Toole

Motion: Cllr L O’Toole, Cllr G. O’Connell, Cllr P. Gogarty

That his council takes note and recognises the overwhelming support for the land “south of the railway line and North of the Grand Canal adjacent to the Newcastle/Lock road be zoned (commonly known as Beattie’s Field)”, to be used for Enterprise & Employment or Community Recreational purposes when the Clonburris SDZ is being designed and also acknowledges that a significant portion of this land is in a flood risk area.

REPORT:

The outcome of this motion could conflict with the motion submitted under Item ID 48017.

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.

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 to 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. 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. This rules out the need to prescribe land uses or objectives prior to the making of a planning scheme.

The provisions of Part IX of the Planning and Development Act 2000 (as amended) ensures 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 suggestion of zoning objectives or 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 and would be at variance with proper planning.

Recommendation

It is recommended that this motion is not adopted.