Category Archives: Other / eile

Commissioner for Environmental Information has upheld my appeal on refusal of access to information on Station Road junctions

The Commissioner for Environmental Information has ruled on my appeal against Fingal County Council’s refusal to release planning compliance documentation in relation to condition 2 of planning permission SHD/012/19. The condition required the redesign of the junctions at either end of Station Road before development started, which didn’t happen. One has since been redesigned. The other still hasn’t. More background here.

The Commissioner found

36. Articles 7(4) and 11(4) of the AIE Regulations require public authorities to provide reasons for refusal at both original and internal review decision stages, consistent with Article 4(5) of the AIE Directive. It is clear that the Council did not provide adequate reasons for refusal of the appellant’s request.

37. I am satisfied that the Council adopted a blanket approach to its refusal of the records at issue under article 8(a)(i) of the AIE Regulations and to its refusal of the records at issue under articles 8(a)(iv) and 9(2)(d) of the AIE Regulations, without having regard to the nature or content of the records.

The Commissioner has now directed the Council to undertake a fresh decision-making process.

Kinsealy Greenways update

At the September Council meeting I asked when for an update on the design of the Kinsealy-Portmarnock Greenway and was told it had gone to tender. I couldn’t find it on e-tenders so I raised at the Area Committee where I was told that the information at the Full Council was wrong and the request for tenders wouldn’t issue until early next year.

At the October Council meeting we considered the Capital Programme for 2023-2025. It only included the design work for Kinsealy Lane and the Kinsealy-Portmarnock Greenway. I submitted these motions to add to the plan the construction of the Greenways to Portmarnock and Kettle’s Lane and the redesign of Kinsealy Lane:

  • That this Council recommends that the capital programme line for the Kinsealy- Portmarnock Greenway continue subsequent to 2023 with a total expenditure of €12 million (based on the Feasibility Study already carried out) with funding to be from grants and levies.
  • That this Council recommends that the capital programme line for the Kinsealy Lane upgrade continue subsequent to 2023 with a total expenditure of €4 million (based on the Feasibility Study already carried out) with funding to be from grants and levies.
  • That this Council recommends that a capital programme line be included for the Kinsealy- Kettles Lane Greenway with a total expenditure of €9 million (based on the Feasibility Study already carried out) with funding to be from grants and levies.

The first was defeated after the Mayor wouldn’t let me amend it to delete the words “and levies”. The other two were agreed with that amendment. 

In our Development Plan process, I have submitted motions to include the two greenways on the Development Plan maps. Unfortunately the Chief Executive is opposing these motions. This is despite the feasibility study done in 2018 which is at

Planning observation on proposed infill behind the West Pier

Following the non-statutory consultation in 2021 (see my submission here), the Department of the Marine made a planning application (F21A/0368) for the dredging and infill. I didn’t hear about it until just before it was appealed to An Bord Pleanála (PL06F.314487). I have submitted an observation on the appeal.

Overall, I’m very concerned that the application really hasn’t thought through the amenity or biodiversity potential of an infill development, but will provide a road and some extra car parking neither of which is needed.

Road markings to improve conditions for walking and cycling on Stockhole Lane

The Council plans to resurface part of Stockhole lane south of the junction with Baskin Lane. I have made the following observation in response to the public consultation on the temporary closure:

If we are to achieve the necessary improvement in conditions for walking and cycling to achieve national and local goals for road safety and climate, we need to ensure that that all maintenance and repair work on roads avails of the opportunity to improve conditions for active travel.

In this instance, the road to be resurfaced lacks a footpath over most of the stretch to be resurfaced and is unpleasant for cycling. The M1 motorway and R139, R132 and R107 regional roads provide alternatives for all potential through trips. Therefore there is no reason for this road to be used by motor vehicles for anything other than local access to/from Stockhole and Baskin Lanes. 

In these circumstances, the road layout should reflect this purpose and be designed to prioritise active travel access. These examples from the Netherlands and France show the road markings appropriate in these circumstances.

Observation on Belcamp SHD application – need for light rail-based development

A very large urban development application has been made on the Belcamp lands, in advance of the Local Area Plan which the zoning provides for. I have made an observation to An Bord Pleanála (version with appendices) focussing on the need to develop around high-quality public transport.

It has been clear to me for over 15 years that the large development area planned between Clonshaugh and Clongriffin, of which this Belcamp application forms part, should be served by an orbital light rail or metro connection to the Dart in the east and the Metro in the west, a link which will also be of wider benefit to the public transport network.

The only additional recent element is that NTA, in its proposals for revising the Greater Dublin Area Transport Strategy, now recognises that there will be a need for a light rail service on the Malahide Road, so it’s proposing a further link in the network.

Observation on the second Auburn SHD

The first Strategic Housing Development planning application at Auburn SHD was turned down by An Bord Pleanála. (See my submission here.) A new application has come in with some minor changes, but still with no walking routes northward to connect up with Malahide and the Swords Road (and 102 bus route). So my observation again points to the accumulation of policy which commits to ensuring that new residential areas are walkable and asks An Bord Pleanála to follow national, regional, county and local policy.

Observation on Broomfield SHD

My observation on the Strategic Housing Development planning application at Broomfield, Malahide is here. The main points are:

  • The application is for a very car-dominated and child-hostile environment. It would be much better to group the car parking near the Back Road and provide for a pedestrian-oriented estate layout, with motor vehicle access for deliveries only.
  • To minimise walking distances to the town of Malahide, public transport and local amenities, there should be a walking and cycling access from the north of the proposed housing area to Back Road.
  • The applicant should be required to reserve a route to facilitate the active travel access route between the Back Road and Malahide Community School proposed in the draft Fingal Development Plan following recommendations from a report by Sustrans.
  • The applicant here should be required to incorporate a school in their application or reserve and allocate a site for a primary school.