The 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.

This 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:

• that the planning application was not accompanied by a demolition justification report addressing the sustainability of demolishing rather than retrofitting the existing hotel,
• that the report from the landowner in response to my appeal to the Board was not circulated to me although that was recommended within the Board, and
• that the handling of screening for environmental impact assessment did not meet EU law requirements.

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:

I 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.

My observations on planning application F25A/0094E.

I have made the following submission to this public consultation which is open until Sunday 12th January.

1. Kinsealy (Newpark) to Drumnigh Road (including traffic lights at the Drumnigh Road/Station Road junction)

The need for this link has been evident for many years and I have been pushing for it since 2016. It was finally agreed in adopting the Kinsealy Local Area Plan in 2019 that the planning application for this element would be made in 2021. Unfortunately that timescale hasn’t been kept. It is vital that this element be progressed as rapidly as possible. Given the short length of greenway involved, it is possible to advance this the Council’s executive powers, although I would not disagree with the use of Part 8 of the Planning Act.

What I absolutely urge is that this is progressed as soon as possible. I note the support of one of the landowners for this area, and haven’t been able to find any submission opposing this element. Furthermore I think that the design is well worked out and can be implemented rapidly.

I note that the landowner points out that the route matches the proposed treated effluent pipeline route; this is probably simultaneously an opportunity and a challenge. However, it should not be a cause of delay; an interim greenway can be provided if necessary in advance of the final layout.

2. Station Road

Major changes to the western section of Station Road to make it safe for walking and cycling are essential. I think the design needs some further consideration.

In March 2017, seeing housing applications including elements of active travel infrastructure on Station Road, I asked for a report on the intended final design of the road, with particular emphasis on people walking and cycling, and on the connection to the Baldoyle/Portmarnock Greenway.  It was reached at our April Area Committee meeting and following some discussion, also listed as a headed item in June 2017.

April 2017 https://meetings.fingal.ie/ieListDocuments.aspx?CId=140&MId=4799&Ver=4

June 2017 https://meetings.fingal.ie/ieListDocuments.aspx?CId=140&MId=4814&Ver=4

It was particularly important to raise this because previous housing developments on the north side of Station Road had included fragmented bits of cycle lane in a confusing manner, without proper access or egress. In the discussion it became clear that the planning applications coming in for the Portmarnock South Lands included piecemeal additions to Station Road while there existed neither an outline design nor specific design objectives to compare them against. (The Portmarnock South Local Area Plan is generally supportive, indicating this is an important walking and cycling link, but not detailed.)

I would say however, that what has been provided along the south side of the the eastern section of Station Road is good, needing only some revision at the junctions to emphasise active travel priority over turning movements, in line with the Design Manual for Urban Roads and Streets and the National Cycle Manual. What we have in essence is a shared space (which from a legal point of view doesn’t have the necessary signage to designate it as such) which is used for walking and cycling in two directions. (In my own case, cycling east on Station Road to get to the Greenway, if I’m coming from the station I use the shared space all of the way from the station to reach the Greenway; if I’m coming from Old Portmarnock, I typically turn right to get onto the shared space at the junction of Station Road and the Avenue. I would mention though that I don’t know what it’s like at the busiest times of day.)

In the intervening years since the discussion in 2017m the Council has done work on the eastbound only cycle track on the north side of the Road which has clarified its use significantly.

We have also had considerable controversy as regards the junctions at both ends of Station Road, including non-compliance with planning conditions requiring the upgrade of the junctions. See https://davidhealy.com/?p=1389for details. This application, including signalisation of the junction is addressing an element which should have been addressed to comply with those planning permissions. (There appears to be a systematic problem within the Council when it comes to enforcing the provision of vital active travel infrastructure required by planning conditions.)

This proposal is for a two-way cycle track along the north side of the road as far as the train station. It’s not clear why the north side of the road has been selected. Some narrative discussion of the design choices would really help those responding to this consultation.

It seems logical that if a two-way cycletrack is being provided on one side of the carriageway, it should be on the south side as this will give a better connection to/from both the train station and the greenway. The design of the shared space section on the eastern end of Station Road may need some minor adjustments. A two-way cycletrack would also shift the impact of the land acquisition to where the impacts on local residents would be less, and would have minor impacts on the development currently under construction (F21A/0378).

Putting the route to the south of the existing carriageway would also make it much easier to address the movement conflicts in the area around the train station and the bridge. At busy times, there are lots of pedestrians coming to or from the station and the proposed elements of shared space on narrow footpaths in the design will not work. The opportunity should be taken for a nice generous overbridge making room for people walking and cycling.

3. Kinsealy village

The layout at the Malahide Road/Chapel Road junction needs attention. I don’t think it’s to the benefit of any road users to provide shared space on the narrow footpath at Kinsealy Cottages. The design needs to consider cyclists accessing and leaving the shared space on Chapel Road when travelling in both directions on the Malahide Road.

4 Further active travel links

Submissions rightly raise the challenges of Kinsealy Lane and the section of Drumnigh Road south of Station Road. It is important to address these and keep them on the agenda.

I understand that a consultant’s report on Kinsealy Lane is due early this year.

A planning application for a pedestrian link between Drumnigh Woods and the new development on Station Road to the southwest of the railway bridge (at the location of F24A/0372) is hopefully imminent and should be granted to make this essential link.

The reopening of the bridge over the railway at Drumnigh Road seems to be straightforward in engineering terms. I hope it will be progressed rapidly. (Report to December 2025 Area Committee: https://meetings.fingal.ie/documents/s108672/Item%20No.%2010%20-%20Report%20on%20Opening%20of%20Railway%20Overbridge%20-%20Drumnigh%20Manor.pdf)