COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Thursday, February 04, 2016

MOTION NO. 30

MOTION: Councillor W. Lavelle

Kishogue Community College/Lucan East Educate Together NS

To amend Maps 1 & 2 to show the Kishogue Community College building and to zone the entire sites of Kishogue Community College and Lucan East Educate Together NS as ‘Res’ in the same manner that as-built areas of Adamstown SDZ are zoned ‘Res’; and to further add new local objective under C12: “To require the provision of public open space, including play pitch adjoining each of Kishogue Community College and Lucan East Educate Together NS.”

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. The application of development plan zonings and specific local objectives to lands that are now within the designated area is not 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 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, 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 education 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.

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

Recommendation

It is recommended that this motion is not adopted.