Final Grant Order No.:

1498

Date of Final Grant:

11-Jul-2007

Decision Order No.:

0669

Date of Decision:

03-Apr-2007

Register Reference:

SD06A/0699

Date:

07-Mar-2007

Applicant:

G, J & R Stanley

Development:

Reduction in the number of units from 273 units to 268 units, with the change in unit types as follows: Revision in numbers of Type A, 2 bed 2 storey terraced units from 25 to 22, revision in numbers of Type G, 4 bed 2 storey plus attic semi detached houses from 18 to 22, revision in numbers of Type G1, 4 bed 2 storey plus attic corner semi detached houses from 12 to 6. Houses 19, 20, 89, 90 and 149 (total 5 units) have been omitted. The number of unit types A1, A2, E, E1, F, F1 and D remain unchanged. The area of public open space in front of the existing Forest Hills estate has been increased. The numbers and types of apartments in Blocks A, B, C and D remain unchanged.   Apartment Blocks C and D and the communal bin store have been relocated towards the east. Revisions also include the retention and re-alignment of the existing Storey Road, with the introduction of a new roundabout to serve the site. Revisions have been made to the layout of 16 no. Type G and G1 houses at the entrance, with the creche being relocated to the north. The size and hours of operation of the creche remains the same, with the decrease in the outside play area from 581sq.m. to 405sq.m. and the increase in staff parking / drop off area from 30 spaces to 31 Spaces. Revisions have also been made to houses 49 to 63, with these houses being relocated towards the west . The total number of residential car parking spaces has decreased from 457 to 453, comprising of 349 surfaces car parking spaces and 104 basement car parking spaces.

Location:

Stoney Road, Rathcoole, Co. Dublin.

Time extension(s) up to and including

Additional Information Requested/Received

05-Oct-2006, , 25-Jan-2007 / 21-Dec-2006, 12-Jan-2007,

1.      The development shall be carried out in its entirety in accordance with the plans, particulars and specifications lodged with the application, and as amended by Further Information received on 21/12/06,     Unsolicited Further Information received on 12/01/07 and Clarification of Further Information received on 07/03/07, save as may be required by the other conditions attached hereto.   The permission is for 184 units only. REASON: To ensure that the development shall be in accordance with the permission, and that effective control be maintained.

2.      The development shall be carried out in accordance with the revised site plan (Drawing no. 06059-PL-002) revision C submitted to the Planning Authority on the 7th of March 2007, save as amended by conditions attached below. REASON: In the interest of clarity.

3.      Apartment Blocks A and B shall be omitted. This equates to 72 units. The area thus freed may be subject to a new planning application for residential development for a maximium of 3 storeys. REASON:   The application site is located at the edge of a rural village and a reduction in the overall scale and mass is considered to be in keeping with the overall character of this rural village and in the interest of residential amenity for intended occupants and the proper planning and sutainable development of the area.

4.      The second floors shall be omitted from apartment blocks C and D.     This equates to the omission of 12 apartments. The remaining apartment units shall be redesigned so that there is separate provision (apart from hot press) for a utility room of at least 2.9 sq.m approx (31sq.ft.) to accommodate two appliances and a drying area. Drying area may be internal (must adjoin an external wall for ventilation) or external (must be screened by opaque glass or winter garden). Prior to commencement of development   revised plans, elevations and particulars for above shall be submitted for the written agreement of the Planning Authority prior to commencement of development on site. REASON: The proposed apartments are located at the edge of a rural village and a reduction in the overall scale and mass is considered to be in keeping with the overall character of this rural village and in the interest of residential amenity for intended occupants and the proper planning and sutainable development of the area.

5.      No more than 200 residential units shall be occupied prior to the commissioning of the Boherboy Water Supply Scheme. REASON: In the interests of orderly development and residential amenity

6.      a) A 1.5m wide hard strip shall be provided on both sides of the roadway as space for public light poles, signs, street furniture. b) Provision of minimum buffer strip width of 1m between Stoney Lane and Estate Road (house no’s 4/7). A 1.5m high natural stone wall shall be constructed on this strip to prevent vehicle lights dazzling oncoming traffic on Stoney Lane. c) The road shall be improved along the road frontage of the site from the village end to beyond the entrance to the site in order to provide tie-ins and vision splays. The applicant shall construct the roundabout, tie-ins and approaches at his own expense, in accordance with the engineering standards of the Planning Authority. REASON: In the interest of traffic safety and the proper planning and sustainable development the area.

7.      a) The layout of the proposed car parking for the crèche shall be redesigned to ensure amenity of the adjoining residential properties is not negatively impacted and to provide adequate turning facilities. b Prior to commencement of development on site, revised drawings showing this revised layout including a landscaped buffer strip of at least 3 metres between the development and adjoining residential units shall be submitted to and agreed in writing with the planning authority. c) A 3 metre natural stone wall shall enclose the crèche as per details in drawings no 06059 – P – 121 along the boundary with Stoney Roa REASON: In the interest of residential amenity

8.      a) Prior to commencement of development on site, details of the surface materials to be used for the traffic calmed areas shall be submitted to and agreed in writing with the planning authority . Hard wearing durable material in compliance with the technical standards of the Planning Authority shall be used. b) Prior to commencement of development on site, details of high quality paving for the car parking areas shall be submitted to the agreed in writing with the planning authority. All spaces shall be clearly delineated. REASON:In the interests of residential amenity and to avoid expansive areas of asphalt.

9.      a) Unless otherwise stated all side boundary walls and dividing garden boundary walls and rear garden walls shall be 2 metres high and capped and plastered on both sides. b) Otherwise all boundary details shall be carried out in accordance with Drawing no. 06059-P-004 and site plan 06059-PL-002. d) All landscaping shall be carried out in accordance with the Landscape proposals Drawings no.s 00-(i) & (ii REASON: In the interest of residential amenity and the proper planning and sustainable development of the area.

10.  Prior to commencement of development, the developer shall submit and agree in writing with the Planning Authority, detailed proposals for compliance with the Part V of the Planning and Development Act 2000 (as amended) as referred to in the South Dublin County Council Development Plan 2004-2010. REASON: To promote social integration and have regard to the policies/objectives of the Councils Housing Strategy as contained in the South Dublin County Council Development Plan 2004-2010.

11.  All service cables associated with the proposed development (such as electrical, communal television, telephone and public lighting cables) shall be run underground within the site. Provision shall be made for broadband connections. REASON: In the interest of orderly development and the visual amenities of the area.

12.  Prior to commencement of development the developer shall submit, and obtain the written agreement of the planning authority to a plan containing details for the management of waste (and, in particular, recyclable materials) within the development, including the provision of facilities for the storage, separation and collection of the waste and, in particular, recyclable materials, and for the ongoing operation of these facilities. REASON: To provide for the appropriate management of waste and, in particular recyclable materials, in the interest of protecting the environment.

13.  The water supply and drainage infrastructure, including the disposal of surface water, shall comply with the technical requirements of the Planning Authority. REASON: In the interests of public health and in order to ensure adequate drainage provision.

14.  Prior to commencement of development the developer shall submit samples of all proposed finishes to units and boundaries for the written agreement of the Planning Authority. REASON: In the interest of architectural harmony and visual amenity.

15.  Prior to the occupation of the first residential unit a plan clearly identifying the external common areas of the development being retained in private ownership shall be submitted to the Planning Authority. The said areas shall not be taken in charge by the Council and shall instead be maintained by a Management Company set up for this purpose pursuant to the Companies Acts, 1963 as amended.   Continued membership of a Management Company set up for this purpose pursuant to the Companies Acts, 1963 as amended shall be compulsory for all owners for the time being of property within the development.   A copy of the Certificate of Incorporation of the said Company shall be submitted to the Planning Authority with the said plan.   Any changes to the status or nature of the Management Company shall be notified to the Council forthwith.     The Management Company shall hold insurance for public liability risk at all times. REASON: To ensure a proper standard of residential development and maintenance of the private areas within the development.

16.  Prior to the commencement of development the applicant/developer shall submit a street naming and dwelling unit numbering scheme for the written agreement of the planning authority that reflects the local and historical context of the approved development, complies with the guidelines on naming and numbering of the Department of the Environment, Heritage and Local Government and preferably makes reference to the use of the Irish language and have regard to the Guidelines issued by the Placenames Commission (An Coimisiún Logainmneacha). REASON: In the interest of the proper planning and development of the area.

17.  a) During the construction phase of the development, Best Practicable Means shall be employed to minimise air blown dust being emitted from the site. This shall include covering skips and slack-heaps, netting of scaffolding, daily washing down of pavements or other public areas, and any other precautions necessary to prevent dust nuisances. There must be compliance with British Standard B.S. 5228 Noise Control on Construction and Open sites. b) A suitable location for the storage of refuse shall be provided. c) All rooms, passageways, sanitary accommodation and lobbies shall be ventilated to the external air. d) No heavy construction equipment/machinery (to include pneumatic drills, construction vehicles, generators, etc..) shall be operated on or adjacent to the construction site before 8.00 Hours on weekdays and 9.00 Hours on Saturdays nor after 18.00 Hours on weekdays and 13.00 Hours on Saturdays, nor at any time on Sundays, Bank Holidays or Public Holidays. REASON: In the interest of public health and residential amenity and the proper planning and sustianable development of the area.

18.  The maximum height of any building shall not exceed the 131 metre contour (Ordnance Datum) and notwitstanding the provisions of exempted development provisions of the Planning and Development Regulations (2001) as amended, no additional ancillary structures (such as masts, antennae, flues etc, shall exceed this maximum height restriction). REASON: In the interest of public safety, having regard to the proximity of the site to Baldonnell Aerodrome.

19.  The proposed creche shall only be operated between the hours of 7am to 7pm. REASON: In the interest of residential amenity.

20.  Foul Drainage: a) The proposed 225mm foul sewer adjacent to the attenuation facilities appears to be within 2 metres of proposed buildings. Prior to commencement of development developer shall submit a revised foul drainage layout ensuring that no building is within 3 metres of any sewer. Where this standard is not possible, an alternative method of construction of the sewer in compliance with th technical standards of the Planning Authority is required. b) All drainage works for this development shall comply with the greater Dublin Regional Code of Practice for Drainage Works which can be viewed/downloaded from http://environment.southdublin.ie (click-publications then specifications). c) The applicant shall be required to install and maintain a suitable flow recorder on the outfalls from the site together with a rain gauge. Details of this shall be agreed with Environmental Services Department of South Dublin County Council prior to the commencement of development. d) Prior to commencement of development foul water drainage details to be agreed with the Area Drainage Engineer, Deansrath Depot (Ph 01-4570 784). e) All foul water sewers with the potential to be taken in charge shall be a minimum of 225mm in diameter, not closer than 3m to the nearest building and be located in roads, footpaths or public open space. Where this standard is not possible, an alternative method of construction of the sewer in compliance with the technical standards of the Planning Authority is required. f) Applicant shall ensure full and complete separation of foul and surface water systems. All wastewater from commercial kitchens/ canteens shall be routed via an appropriate grease trap or grease removal system before being discharged to the public sewer. g) All pipes shall be laid with a minimum cover of 1.2m in roads, footpaths and driveways, and 0.9m in open space. Where it is not possible to achieve these minimum covers, pipes shall be bedded and surrounded in C20 concrete 150mm thick. Surface Water: a) The proposed 300mm surface water sewer adjacent to the attenuation facilities appears to be within 2 metres of proposed buildings. Prior to commencement of development applicant shall submit a revised surface water drainage layout ensuring that no building is within 3 metres of any sewer.   Where this standard is not possible, an alternative method of construction of the sewer in compliance with the technical standards of the Planning Authority is required. b) The location, size, shape and proximity to other services of the proposed attenuation facilities are likely to present maintenance problems. Prior to commencement of development applicant shall submit detailed drawings showing location of the attenuation facilities in relation to adjacent services. Full details indicating how it is proposed to maintain the attenuation facilities shall also be submitted. Developer shall liaise with the Drainage Maintenance Engineer (Deansrath Depot, Phone 4138500) prior to resubmission of the information. c) Prior to commencement of development applicant shall submit plans showing how it is proposed to cater any ditches/ water courses adjacent to the site. d) Prior to commencement of development applicant shall submit cross sections for the proposed surface water attenuation facilities showing inlets, outlets, cover levels, maximum water levels etc, and full details of how it is proposed to clean the attenuation facilities and keep them free from siltation. e) All drainage works for this development shall comply with the greater Dublin Regional Code of Practice for Drainage Works which can be viewed/downloaded from http://environment.southdublin.ie (click-publications then specifications). f) Prior to commencement of development surface water drainage details to be agreed with the Area Drainage Engineer, Deansrath Depot (Ph 01-4570 784). g) All surface water sewers with the potential to be taken in charge shall be a minimum of 225mm in diameter, not closer than 3m to the nearest building and be located in roads, footpaths or public open space.   Where this standard is not possible, an alternative method of construction of the sewer in compliance with the technical standards of the Planning Authority is required. h) Applicant shall ensure full and complete separation of foul and surface water systems.   All pipes shall be laid with a minimum cover of 1.2m in roads, footpaths and driveways, and 0.9m in open space. Where it is not possible to achieve these minimum covers, pipes shall be bedded and surrounded in C20 concrete 150mm thick. Water:       a) No water main layout drawing has been submitted to accompany changes in layout of the proposed development. Prior to commencement of development applicant shall submit a water main layout showing location and size of water main, valves, hydrants etc. No part of any building shall be within 3 metres of water mains 150mm or less.   Where this standard is not possible, an alternative method of construction of the mains in compliance with the technical standards of the Planning Authority is required. b) Prior to commencement of development applicant shall submit revised plans showing a revised layout for the proposed 300mm diameter Boherboy watermain. This shall take into account the following: (i)   The applicant shall consult with the Environmental Services department to establish exact route of the Boherboy watermain through this site. (ii)  The proposed 300mm diameter Boherboy watermain traversing the site shall be constructed of ductile iron in accordance with the South Dublin County Council’s Specification for the Boherboy Water Supply Scheme. (iii) In particular no trees shall be planted within 4 metres of the Boherboy watermain. All buildings shall have a 5 metre set back from this watermain. * Where these standards conflict with the site layout, technical solutions shall be in compliance with the technical standards of the Planning Authority and shall not require the relocation of buildings. (iv) The developer shall be responsible for the construction of the part of Boherboy watermain which crosses his property. (v) All necessary setback and protection requirements for the Boherboy watermain traversing the site shall be fully complied within the remit of technical standards. (vi) Prior to commencement of the development all water drawings for the development shall be agreed with the Water Maintenance Engineer (South Dublin County Council Deansrath Depot, Nangor Road, Clondalkin, Dublin 22, Ph 01-4570 784). (vii) The water supply to all commercial, including the crèche, shall be commercially metered. (viii) Buildings of 3 storeys or more shall require balancing tanks and booster pumps on rising main to top storey units to ensure adequate pressure to top storey units. (ix) Each individual unit shall have its own connection to the watermain and full 24hour water storage shall be provided. (x) For multiple occupancy buildings the service manifold for each separate unit shall be located at an accessible location agreed by the Water Maintenance Engineer Deansrath Depot (Ph 01-4570 784) (xi) The bulk water supply to the development shall be metered to the satisfaction of the Water Network Management Section (South Dublin County Council Deansrath Depot, Nangor Road, Clondalkin, Dublin 22, Ph 01-4570 784). (xii) The connection to and tapping of public watermains shall be carried out by South Dublin County Council personnel at the applicant’s prior expense. (ciii) All works shall be carried out in accordance with the South Dublin County Council ‘Specification for the Laying of Watermains’ which can be viewed/downloaded from http://environment.southdublin.ie (click-publications then specifications). REASON: In the interests of public health and proper development.

21.  Prior to the commencement of works on site the developer to agree with the Parks and Landscape Services Department and submit to the Planning Department a detailed landscape plan with full works specification. This plan to include grading, topsoiling, seeding, paths, drainage, boundary treatment, planting and street trees planting. These works to be in accordance with South Dublin County Council's Guidelines for Open Space Development & Taking in Charge available from the Parks and Landscape Services Department. The agreed scheme shall be implemented in the first planting season after the commencement of development. Thereafter, the scheme shall be maintained on a continuing basis. REASON: In the interests of amenity

22.  That the open space be fenced off during construction work and not be used for the purpose of storage of plant, materials soil or spoil without the written consent of this department REASON: In the interests of amenity.

23.  The developer shall pay the sum of €2,093,769.58 (two million ninety three thousand seven hundred and sixty nine euro and fifty eight cent)   (updated to the appropriate rate at the commencement of development in accordance with changes in the Tender Price Index) to South Dublin County Council as a contribution towards expenditure in respect of public infrastructure and facilities benefiting development in the area of the planning authority and that is provided, or that it is intended will be provided, by or on behalf of the County Council as provided for in the Contribution Scheme for the County made by the Council. This contribution to be paid before the commencement of development on the site. REASON: The provision of such facilities will facilitate the proposed development. It is considered reasonable that the payment of a contribution be required, in respect of public infrastructure and facilities benefiting development in the area of the planning authority and that is provided, or that is intended will be provided, by or on behalf of the Local Authority.

24.  Before the development is commenced, the developer shall lodge with the South Dublin County Council a cash deposit of €449,750 (four hundred and forty nine thousand seven hundred and fifty euro) (updated to the appropriate rate at the commencement of development in accordance with changes in the Tender Price Index) , or a bond of an Insurance Company of €743,798 (seven hundred and forty three thousand seven hundred and ninety eight euro) (updated to the appropriate rate at the commencement of development in accordance with changes in the Tender Price Index) , or other security to secure the provision and satisfactory completion and maintenance to taking-in-charge standard of roads, footpaths, sewers, watermains, drains, public lighting and other services required in connection with the development. REASON: To ensure the satisfactory completion of the development.

25.  The proposed local distributor road shown on the layout drawing No. 06059-PL-002m, Revision C, extending from the proposed roundabout at the northeast of the site to the southwestern boundary of the site shall be constructed as part of the proposed development prior to the occupation of any dwelling. Precise design and costing details to be agreed with the Planning Authority prior to commencement of development. REASON: To ensure the provision of adequate road infrastructure in the area and in the interest of the proper planning and sustainable development of the area. Note 1: The applicant is advised that a planning application would be required for a temporary structure to accommodate a water storage supply facility. Note 2: Water cannot be guaranteed at all times due to lack of adequate volumes of treated water to consumers in the Greater Dublin Region. Note 3: The developer is advised that under the provisions of Section 34 (13) of the Planning and Development Act 2000 a person shall not be entitled solely by reason of a permission to carry out any development.