Subsequent to An Comisiún Pleanála reopening it’s consideration of the appeal on the demolition and replacement of Deer Park Hotel, I have made observations on additional submissions from the applicant, based on the three issues in my appeal: sustainability of demolition, pedestrian access, and the proposed additional road.
Continue reading(Update 6th November: I have received the Development Pipeline Analysis commissioned from EY.)
Fingal’s Development Contribution Scheme is up for review. There are some significant decisions to be taken. I will be arguing for us to end an exemption which favours car parking over housing, and to do what we can to facilitate shared spaces, communal, social and cultural facilities.
A Development Contribution Scheme sets out the rate of development contribution levied on new developments to (partially) fund the infrastructure that enables the developments. A draft was brought to the full Council last week, but we didn’t have time to get into the details of it. It is based on an analysis by EY, which also hadn’t been circulated.
In addition to seeking the EY report and any other relevant background information, I have asked for answers to the following questions in order to prepare a response to the public consultation. I will make a more detailed submission when I have the necessary information.
Continue readingMy observation on Phase 1F of this development south of Station Road in Portmarnock focuses on the following:
An Coimisiún Pleanála have accepted that they should have circulated the applicant’s response to my planning appeal to me for comment and conceded the legal challenge I took against them.
They will now reconsider the file and enable me to make a submission on the applicant’s response to my appeal.
Background and details:
Continue readingI have made the following response to the proposed parking bye-laws which the Executive of Fingal County Council has put on public display.
Legality
Part 19 of the Local Government Act 2001 includes the following provision:
s.199 (5) The approval of a draft bye-law, the consideration of submissions in relation to such draft bye-law and the making, amendment or revocation of a bye-law, are each reserved functions.
This draft bye-law hasn’t been brought to the Council for approval.
Continue readingThe Land Development Agency (LDA) which recently bought the unbuilt development land at Stapolin, much of which has had a planning permission since 2016 and which has been only partly constructed, has committed publicly to prioritising the completion and opening of the new access to Clongriffin railway station via the planned Stapolin Square. The commitment was given in a letter to Fingal County Council, noted at today’s meeting.
Continue readingThis morning I have been granted leave to take a Judicial Review of An Bord Pleanála’s handling of a proposal to demolish and replace the Deer Park Hotel on Howth Demesne.
Why I’m lodging this JR
The new owners want to knock down Deer Park Hotel and build a new hotel but they did not even consider renovating/reusing the existing building – and I believe they should have.
That’s why I have applied for a Judicial Review of An Bord Pleanála’s handling of the proposal: ABP should have sought a demolition justification report to address the sustainability of knocking down the existing hotel rather than retrofitting and restoring it.
Too much of Dublin’s building stock is destroyed and dumped in favour of new builds. Many people see this for what it is – an enormous waste of resources. Demolition can and should be justified, and ABP should have made sure it was. That’s why I’m lodging this Judicial Review.
The grounds for the application are threefold:
My concerns are about the sustainability of demolition. I agree with the principle of a hotel at this location, and I don’t consider that the existing hotel is of architectural heritage value. But buildings of poor quality can be turned into high quality buildings with low environmental impact; see the prize-winning examples by Lacaton and Vassal linked from the details below.
Background and details:
Continue readingI have made the following submission to the Electoral Commission:
research@electoralcommission.ie
A chairde,
I write as an elected councillor for the Howth/ Malahide ward who has run in many elections since 1991.
I’m sending this by email as my submission doesn’t fall into the questions set on the online form. It is in two parts:
* a discussion of the fact that community resistance is already restricting election postering in a significant way and that unrestricted postering does not exist in practice; and
* a copy of a motion agreed by Fingal County Council, indicating our willingness in principle to participate in a process of establishing designated areas for the display of posters in a manner similar to that envisaged in the Regulation of Display of Electoral and Polling Posters and Other Advertisements Bill 2022, whether as part of a nationwide approach or as a pilot.
Community resistance to unrestricted postering
The Research Programme under which this work is being carried out contains a reference to an interesting RTÉ Brainstorm article. https://www.rte.ie/brainstorm/2020/0218/1116223-election-posters-ban-voter-turnout/
This article refers to research which suggests that there is a correlation between grassroots poster bans organised by local community interests and reduced turnout. Unfortunately the article doesn’t link to the research itself, which would be essential for evaluating its robustness in terms of both controlling for other factors and the statistical significance of the correlation found.
However, the fact that grassroots poster bans are sufficient for researchers to do such research highlights an essential issue which the Electoral Commission must consider. There is a strong and growing tendency for communities to enforce poster bans. This is important for the Electoral Commission’s research in two respects:
a) it shows the breadth and depth of public disapproval of the current postering regime, and
b) it highlights that in a substantial and growing number of areas, the current lack of regulation is leading to absolute bans promoted and socially enforced by grassroots organisations. If the Electoral Commission is of the view that posters are important factors for public recognition of the election and of the candidates, it needs to recognise that the current situation is leading to a highly uneven and probably unfair distribution of postering.
In considering the impact of grassroots poster bans, the Electoral Commission may wish to establish their extent. I haven’t found any information on the extent of poster bans in the 2024 elections. I note this report that such bans were in place in 150 towns in the 2019 local election. https://greennews.ie/election-poster-ban-150-towns/
My anecdotal evidence is that in Dublin Bay North, we had a substantial new additional poster-free area, along the entire Clontarf seafront, organised by grassroots campaigners in the 2024 General Election. The Electoral Commission and the research it commissions must recognise the strength of public sentiment and the willingness of communities to organise against postering.
Even if it was desired, it would not be possible, or probably even legal, to interfere with grassroots organising against postering. Therefore the reality is that we do not have a threeway choice between
a) unrestricted postering,
b) restricted postering, and
c) an absolute ban.
We have a choice between
a) restricted postering in an ad hoc, uneven (and probably unfair) manner based on grassroots campaigns,
b) restricted postering under a fair and transparent legal regime, and
c) an absolute ban.
Fingal County Council’s support for a system of designated areas for the display of posters
Fingal County Council adopted the following resolution, which I proposed, in December 2023:
“That this Council, in line with our commitments to reducing resource use, environmental impact and litter, and noting:
a) the commitment in the Programme for Government to task the Electoral Commission which reads
‘We will…task the new Electoral Commission to examine the issue of the use of posters at elections and referendums within 12 months of its establishment and consult on placing limitations on the number of posters that can be used or fixing certain locations for their use, the Government will legislate for its recommendations in advance of the 2024 Local Elections.’; and
b) the discussion in Seanad Éireann on the Regulation of Display of Electoral and Polling Posters and Other Advertisements Bill 2022, in May 2022 when the Seanad agreed that the Bill be read a second time on 30th June 2023,
write to the Minister for Housing Planning and Local Government and the Minister of State for Heritage and Electoral Reform to express this Council’s willingness in principle to participate in a process of establishing designated areas for the display of posters in a manner similar to that envisaged in the Bill which is in line with common practice in many other European countries, whether as part of a nationwide approach or as a pilot.”
Conclusion
I urge the Commission to set about devising a fair and transparent system for restricted postering.
Thank you for considering the above observations.
Best regards,
Cllr. David Healy
The Council yesterday unanimously agreed to my motion to investigate placing photovoltaic panels over some of the off-street car parking areas run by the Council.
Continue readingMy observations on planning application F25A/0094E.