COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN/PALMERSTON/NORTH CLONDALKIN AREA COMMITTEE

Tuesday, October 27, 2020

MOTION NO. 10

MOTION: Councillor Joanna Tuffy

That the Chief Executive Officer give an update on what the Council is doing to monitor works in the vicinity of the Tobermaclugg stream and the need to protect it and biodiversity and the site of the holywell and if he will make a statement on the matter.

REPORT:

Planning permission for the development of Tobermaclugg Park was permitted under SDCC Reg. Ref. SDZ20A/0005. Date of Final Grant: 17-Apr-2020

The Proposal: Provision of a new public park, called 'Tobermaclugg Park' of approximately 3.4 Ha comprising of site development and landscape works. The proposed park will incorporate pedestrian pathways, maintenance access and routes, seating zones, areas for play and planting and all ancillary boundary treatments and entrances (to Tubber Lane Road, to Hallwell Residential Development, to the Airlie Heights public open space, to the Shackleton Residential Development and to Shackleton Drive), planting, necessary regrading works and realignment of portion of existing Tobermaclugg Stream; a total of six visitor car parking spaces are also proposed, located to the eastern boundary of the site along Shackleton Park.

Tobbermaclugg stream runs north to south through the centre of the park site, the northern portion of which has been culverted previously and the stream is only visible over ground in the southern portion of the site. A Holy Well listed in the Record of Monuments and Places (DU017-027) is located within the northern portion of the site.

The protection of the stream, biodiversity and the site of the Holywell has been considered as part of the grant of planning permission under SDZ20A/0005. The terms and conditions of the planning permission are binding and the applicant is required to comply. The Planning Authority can commence with Planning Enforcement if unauthorised development occurs.

The design of the park integrates with the stream. The landscaping proposal, designed by a Landscape Architect, meanders the south portion of the stream to create a water feature for park amenity with weir terracing. The stream will be realigned back more or less to its original location pre installation of the drainage through this area as part of the Tobermaclugg Pump Station and surface water system.

As part of the proposed development, seating and landscaping will be provided around the holy well. An Archaeological Impact Assessment report by Irish Archaeological Consultancy Ltd (IAC) was submitted with the application. This states that ‘the holy well will be retained as part of the proposed development, with provisional plans indicating the remains may be exposed and incorporated into the park as a heritage feature’. The report sets out a number of mitigation measures to minimise impacts on the holy well.

Conditions of note attached to the planning permission in relation to these issues:

7. Ecology

The measures to mitigate the impact of the proposed development on Fauna and Flora set out in the Baseline Survey Report by Faith Wilson Ecological Consultant, submitted in support of this planning permission application, shall be implemented in full.

REASON: To conserve local biodiversity and specifically protected species by implementing measures to compensate for any loss of foraging areas and nesting sites resulting from the construction of the proposed development.

8. Bat Roost and Monitoring

a) The applicant shall provide bat roosting opportunities such as a specially constructed architecturally designed structure for a bat roost in consultation with the Heritage Officer. Details shall be provided and agreed in writing with the Planning Authority prior to the commencement of development.

b) The applicant shall submit a five year bat monitoring report of bat activity of the bat population in this area of Adamstown SDZ in order to monitor the effectiveness of mitigation measures. The measures may be subject to adjustment as required by the Heritage Officer depending on the monitoring results.

c) No public lighting shall be provided in Tobbermaclug Park.

REASON: In the interests of bat protection as any interference with protected species such as bats and disturbance or destruction of their roosting sites, in particular, is a prosecutable offence under the EU Habitats Directive and S.I. No. 477 of 2011 (European Communities (Birds And Natural Habitats) Regulations 2011).

 

9. Inland Fisheries Ireland (IFI)

(i) Prior to commencement, the detailed design of the works proposed to the Tubbermaclugg Stream shall be agreed with Inland Fisheries Ireland (IFI) in advance of any construction.

(ii) All construction shall be in line with a detailed site specific Construction Environmental Management Plan (CEMP). The CEMP shall identify potential impacts and mitigating measures and shall provide a mechanism for ensuring compliance with environmental legislation and statutory consents. The CEMP should detail and ensure Best Construction Practices including measures to prevent and control the introduction of pollutants and deleterious matter to surface water and measures to minimise the generation of sediment and silt.

(iii) All stream works must be completed in line with an agreed detailed Method Statement, instream works in this catchment is confined to the period May to September.

REASON: In the interests of public health and to ensure no negative impact on fisheries status.

 

10. Archaeological Monitoring

(i) The applicant/developer shall employ a qualified Archaeologist, licensed to carry out Archaeological Monitoring of all sub-surface works carried out within the proposed development site. This will include the archaeological monitoring of the removal of topsoil, the excavation of trenches for foundations, services, access roadway, etc. associated with the proposed development.

(ii) Should archaeological material be discovered during the course of Archaeological Monitoring, the applicant shall facilitate the archaeologist in fully recording the material. The applicant shall also be prepared to be advised by the Department with regard to the appropriate course of action, should archaeological material be discovered.

(iii) The archaeologist shall prepare and submit a report, describing the result of the Archaeological Monitoring, to the Planning Authority and the Development Application Unit of the Department of Environment, Heritage and Local Government within six weeks following completion of Archaeological Monitoring.

REASON: To facilitate the recording and protection of any items of archaeological significance that the site may possess.

 

11. Water Services

Prior to commencement of development the applicant shall contact OPW with respect to obtaining a Section 50 for proposed works where necessary.

REASON: In the interest of the proper planning and sustainable development of the area.

This Motion was MOVED without DEBATE