COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

 

MEETING OF CLONDALKIN AREA COMMITTEE

Wednesday, May 16, 2018

MOTION NO. 14

MOTION: Councillor B. Bonner

"That this area committee calls for effective enforcement of the planning conditions which were attached to the development at the Lexington Site on Monastery Road (SD17A/007)and asks for details of  the archaeological survey, bat survey and bio diversity survey which were to be provided to the local authority at least four weeks before the commencement of any works on the site."

REPORT:

RE:          Development at Lexington House, Monastery Road, Dublin 22.

This report sets out in detail the Councils enforcement of conditions required as part of An Bord Pleanála’s grant of permission, order PL 06S.248776, for the development of a nursing home etc., located at Lexington House, Monastery Road, Dublin 22.

There are three separate conditions relevant, namely Condition 12, Condition 13 and Condition 14.

Condition 12.    

• notify the planning authority in writing at least four weeks prior to the commencement of any site operation (including hydrological and geotechnical investigations) relating to the proposed development.

While an express condition, relating to development, limits what may occur on site prior to written notification being received by the Authority, it is accepted practice that site clearance may begin concurrently with any waiting period.

In the absence of evidence to the contrary, the Council regards actual development work as beginning with the arrival of the Japanese Knotweed Company on or about 24^th April 2018 as specified in a complainant’s correspondence received on the 27^th April 2018.

In February 2018, the developer provided written evidence to the Council of their intention to begin development when it invited representatives of the Council to a meeting intended to facilitate same.

• employ a suitably qualified archaeologist who shall monitor all site investigations and other excavation works, and

The site was inspected by the Council on 2^nd May 2018 and, in the absence of a suitably qualified archaeologist to monitor site works, requested that all work should stop until the condition was resolved. The developer had been carrying out the removal of an invasive species, namely Japanese knotweed.

An archaeologist attended on site on the 4^th May 2018. The archaeologist conducted a review of all works carried out as part of the knotweed removal plan. This involved a review of the existing excavations as well as the various spoil heaps. The spoil heaps were sieved mechanically and by hand under the archaeologist’s supervision. No archaeology was found.

• provide arrangements, acceptable to the planning authority, for the recording and for the removal of any archaeological material which the authority considers appropriate to remove.

The archaeologist will be on site to supervise any future development. Should artefacts of archaeological significance be discovered, they will liaise with the Council prior to their removal.

In Default of agreement on any of these requirements, the matter shall be referred to An Bord Pleanála for determination.

While the Planning Department is not wholly satisfied with the relative timing of the implementation of sections a and b above, it is its opinion that no substantial default of agreement occurred. The fact that the archaeologist could monitor thorough sieving of all spoil, in addition to receiving unfettered access to the excavations, allows for certainty regarding a lack of artefact presence despite the review occurring after the invasive species management plan had occurred. This is reflected in the archaeologist’s report.

Condition 13.

• Prior to the commencement of any development works on the site, the developer shall undertake a bat survey by a competent qualified person or consultancy to ascertain the presence of any bat activity on the site in relation to roosting and foraging and an assessment of any potential impact on the species arising from the proposed development. The nature and methodology of the survey shall be agreed with the planning authority prior to the commencement of the survey. No building, feature or vegetation shall be altered or removed prior to this survey and assessment.

The developer engaged a competent qualified person with whom the Council has arranged a methodology for conducting a bat survey. As part of that process, it was agreed that carrying out the survey at that time was unlikely to return an accurate indication of bat activity as a consequence of the late cold spring delaying the emergence of bats from hibernation. The Council and the developer’s consultant agreed to postpone the survey until a more accurate result could be expected as weather conditions improve. The Planning Department considered this as the appropriate response to the condition which simply stated that a survey needed to occur, prior to development beginning, without regard to the most suitable time.

While waiting for a better opportunity to conduct the bat survey, the developer was permitted to begin treatment of the invasive species. However, it was agreed that no development would occur within the building until it as first assessed by the bat expert for its potential to contain nesting bats. It is the opinion of the Councils planning officer, following an inspection on the 02^nd May 2018, that this prohibition was respected in its entirety.

 

• Full details of the survey and assessment shall be submitted to the planning authority in advance of any development works on the site.

The survey is scheduled to occur next week after which the Council expects to receive assessment documentation from the developer’s consultant.

 

• Should the presence of bats be established on the site, no development shall occur until the necessary permission / derogation has been obtained from the appropriate statutory body.

The presence, or not thereof, of bats on the site will determine the Councils response. The developer’s consultant is aware of the legislative obligations that such a finding would impose on any potential works. 

Condition 14.

 Prior to the commencement of development on the site, the developer shall submit for the written agreement of the planning authority, a detailed invasive species management plan. 

A detailed invasive species management plan was submitted to the Planning Department and its programme of works deemed appropriate and acceptable to discharge this condition. Japanese knotweed is an extremely aggressive invasive species, the removal of which is a priority for the South Dublin County Council. In that regard, the mitigation plan was both appropriate and thorough. The Council received copies of this plan prior to its representatives meeting with the developer in February