MOTION: Councillor T. McDonald
That the proposed Amendment No.14 Foxhunter, is rejected and the lands retain their RW zoning.
Reasons:
The proposed rezoning of the Foxhunter lands from “RW” Retail Warehousing to “RES” Residential is undermined by the consistent position taken by Transport Infrastructure Ireland (TII), regarding the unsuitability of residential development at this location without first resolving significant transport and safety concerns.
In its submission on Variation No. 2: "TII recommends that this proposed re-zoning is premature pending a evidenced review which identifies and addresses mitigations and measures for both the management of the safety and operation of the national road network and protection of the amenity of future residential occupants at this location".
In 2022 in a TII submission for planning reference SD20A/ 0259, TII stated that the development would create "an unacceptable adverse impact on the use of adjoining national road and associated junction and would materially conflict with the Spatial Planning and National Roads Guidelines for Planning Authorities.
The proposed rezoning would inevitably intensify pressure for residential access arrangements through the adjoining Hermitage estate, including the opening of existing cul-de-sacs to facilitate vehicular permeability. This would fundamentally alter the established character and function of Hermitage Gardens as a quiet residential cul-de-sac.
The success of this rezoning is dependent on the opening of the cul-de-sac in Hermitage Gardens which residents are absolutely opposed to, and I support them in this. Without access via the Hermitage the rezoning is unworkable unless a compromise can be found with TII and direct vehicular access secured onto the N4 slip-road.
CE Response:
This motion is in relation to the designation of lands at the Foxhunter, Ballydowd that are currently zoned Objective ‘RW’ to ‘RES’ under Variation No. 2 of the South Dublin County Development Plan (CDP) 2022-2028. The land parcel in question is c. 1.18ha.
RW Zoning
The Planning Authority notes that the subject lands have been zoned objective ‘RW’ since the South Dublin County Development Plan (CDP) 2016-2022, prior to this, the lands in question were zoned ‘RES’ (previously objective A) under the 2004-2010 and 2010-2016 CDP. In this context, the subject lands have remained undeveloped for a prolonged period under the existing ‘RW’ zoning, which sought to provide for and consolidate retail warehousing, including previously anticipated occupiers which did not materialise. Notwithstanding this, no development to this effect has come forward, and the site remains an underutilised brownfield site. It is noted that the constraints highlighted from Transport Infrastructure Ireland (TII), including concerns regarding direct access to and impact upon the national road network (N4), limit the ability of the lands to accommodate a significant commercial led development.
TII and NTA
In relation to the matters raised by TII’s submission, the Planning Authority acknowledges TII’s role and recognises the importance of protecting the strategic function of the national road network, including the TEN-T Core and Comprehensive Networks.
Notwithstanding the above, it is emphasised that the zoning of the subject lands for residential development does not give rise to any immediate development. Should any future redevelopment proposal(s) on the site arise, they would remain subject to a Transport and Traffic Assessment through the development management process and be required to meet the appropriate CDP Policies and Objectives, in consultation with TII and other relevant bodies.
The National Transport Authority (NTA) has indicated that the Foxhunter lands could potentially be effectively served by existing and planned public transport infrastructure, including Bus Connects corridors serving the wider Lucan and Liffey Valley area. This supports the consideration for the lands for residential development within the broader national strategy of consolidating growth in accessible urban locations, as per the Compact Settlement Guidelines (2024).
Previous Planning Application
A previous application on the subject lands (SD20A/0259) sought permission for 161 residential units in blocks ranging from 3 to 20 storeys. Permission was refused, including on grounds of excessive height, zoning, density, visual impact, and unresolved traffic/access issues. This refusal reflected the scale and nature of that proposal. Furthermore, the national, regional, and local policy framework has been updated since ACP’s decision (21/02/22) and the updated frameworks continue to ensure that development proposals respond appropriately to scale, height and design with respect to its surrounding context.
It is considered that a development proposal of an appropriate scale and design, having regard to its receiving environment, supported by robust technical assessment, would be considered on its own merits.
Should any future redevelopment proposal(s) on the site arise, they would be required to address all the items for refusal, including issues relating to density, height, layout and impact upon the receiving environment. It is considered that, the parameters of any previous application(s), including SD20A/0259, does not suggest an effective sterilisation of the lands, rather makes clear that any proposal must be appropriate to its context and meet the relevant transport requirements.
Access
It is emphasised that there is no presumption within the proposed zoning that access must be provided through the adjoining existing residential lands, or that established residential areas would be subject to inappropriate permeability measures. Any future planning application proposed for the site would be subject to assessment through the development management process ensuring compliance with relevant Development Plan Policies and Objectives, relevant Section 28 guidelines, and stakeholder engagement. Planning applications are subject to public consultation with the ability to appeal the planning authority decision should that be considered necessary.
Conclusion
As outlined above, no retail warehousing use has come forward in the 10 years since its rezoning. The rezoning to residential would provide much needed housing in a sustainable location with good public transport. More recent residential planning applications for speculative development were not reflective of the context of the lands and are not a good basis on which to determine the suitability of the proposed residential zoning. The matter of access for a reduced scale of residential development can be considered with a proposed development specific transport assessment as part of a planning application in consultation with TII and the NTA.
Given the approach taken to the Variation, it is considered that South Dublin has clearly identified sufficient and suitable zoned land, including the Foxhunter lands, to meet the housing shortfall for 2028 with built-in additional capacity consistent with the achievement of the shared goals in the NPF, RSES and County Development Plan in relation to compact growth, accessibility, sustainable mobility and climate action.
However, having regard to the concerns expressed, it is considered that a SLO should be applied to the site to help address the transport and access concerns.
CE Recommendation
RES zoning and include a new Specific Local Objective on the Foxhunter lands as follows:
‘To ensure that any planning application on these lands adequately addresses vehicular access from the existing road network having regard to the need to protect the residential amenity of the adjoining area and safeguard the function of the national road network’.