Category Archives: County Development Plan / Plean Forbartha Contae

An Bord Pleanála refuses permission for demolition on sustainability and climate grounds

David Healy, Green Party Councillor for Howth/Malahide on Fingal County Council, has welcomed the recent decision of An Bord Pleanála on a planning appeal for the demolition and replacement of a habitable house in Howth. 

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Appeal in relation to Deer Park Hotel

I have made a planning appeal in relation to the application to demolish and replace the Deer Park Hotel. I agree with the appropriateness of the existing hotel use and with the renovation of the hotel. The appeal focuses on three issues:

  • Sustainability assessment of demolition and reuse
  • Access and permeability by foot
  • Support for FIngal’s decision to refuse a large new access road
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Our observation on proposed draft direction to delete noise insulation objective from Fingal Development Plan; make your observation by Tuesday 2nd May!

Following advice from the Planning Regulator, the Minister of State for Local Government and Planning has drafted a Direction to Fingal County Council to delete a provision about noise insulation included in the Plan. The Draft Direction is open to public consultation until Tuesday 2nd May 2023 at 11.59pm.

The 5 Green Councillors on Fingal County Council have made an observation pointing out that there is no legal basis for the draft direction and that the provisions were included to protect human health.

The objective, agreed by unanimous vote of the Council, specifies that insulation for homes affected by aircraft noise should achieve 40 dB Lnight, which is the standard recommended by the World Health Organisation to protect people from the impact on health caused by sleep disruption.

Anyone affected by aircraft noise should make their views known before the deadline.

Submission to draft Airport Local Area Plan and Development Plan Variation

I made this submission to the public consultation on the draft Dublin Airport Local Area Plan and on the associated draft Variation to the County Development Plan. It refers back to my previous submission on the draft Local Area Plan and deals in particular with issues of climate change, noise, cycling access and water quality.

Fingal agrees to encourage the development of car-free neighbourhoods

The Council today confirmed the following amendment I proposed to the Draft Development Plan:

“At locations where higher density development is being provided, encourage the development of car-free neighbourhoods, where non-motorised transport is allowed and motorised vehicles have access only for deliveries but must park outside the neighbourhood, creating a much better quality public realm with green infrastructure, public health, economic and community benefits.”

It reflects successful experience  in neighbourhoods such as Vauban in Germany and entire suburban towns like Houten in the Netherlands, as well of course in old cities around the world.

 

Fingal agrees to review cycle infrastructure and undertake appropriate remedial works

As recognised in the National Cycle Policy Framework (NCPF), a lot of the cycle infrastructure provided in recent years has been poorly designed.

Following on from this and the wider commitment in the NCPF to audit existing roads, I proposed the following amendment to the Development Plan.

“Review existing cycle infrastructure which was not designed in line with the Principles of Sustainable Safety in a manner consistent with the National Cycle Manual and the Design Manual for Urban Roads and Streets and undertake appropriate remedial works.”

Following public display, this amendment was confirmed by a margin of 1 vote today.

Fingal agrees to provide 30km/h environment in the vicinity of schools

Following public display, the Council has voted, (by a margin of 1 vote!) to confirm the inclusion of the following in the Development Plan:

“Ensure that as soon as possible, but by the end of the lifetime of the Development Plan, the environment in the immediate vicinity of schools is a safe and attractive low speed (30km/h) environment, and drop-off by car within a given distance restricted.”

The text is copied from the National Cycle Policy Framework; it is something which should be happening at all schools nationwide by 2020.

 

Final stage of County Development Plan process

I have submitted the following motions in relation to the Amendments to the County Development Plan. The meetings will be on 14th and 16th February.

Cycling 
For background to the cycling motions, please see my report from the previous stage of the Plan.
7.10 Review of cycle infrastructure not designed in line with Principles of Sustainable Safety
That In light of policy 2.5 of the National Cycle Policy Framework, the proposed amendment
“Insert new Objective MT: Review existing cycle infrastructure which was not designed in line with the Principles of Sustainable Safety in a manner consistent with the National Cycle Manual and the Design Manual for Urban Roads and Streets and undertake appropriate remedial works.“
be confirmed.
(Unfortunately the Chief Executive is recommending that this amendment not be included.)
7.11 Design roads in accordance with the Principles of Sustainable Safety
That the Amendment agreed by the Council under Agenda item 284/ Motion AI028972
“Insert Objective after MT09: Design roads including cycle infrastructure in line with the Principles of Sustainable Safety in a manner consistent with the National Cycle Manual and the Design Manual for Urban Roads and Streets.”
be confirmed.
(Unfortunately the Chief Executive is recommending that this amendment not be included.)
7.15 30km/h environment in the immediate vicinity of schools
That the proposed amendment:
“Insert new Objective MT: Ensure that as soon as possible, but by the end of the lifetime of the Development Plan the environment in the immediate vicinity of schools is a safe and attractive low speed (30kph) environment with speed limits strictly enforced, and drop-off by car within a given distance restricted.”
be be amended to
“Insert new Objective MT: Ensure that as soon as possible, but by the end of the lifetime of the Development Plan the environment in the immediate vicinity of schools is a safe and attractive low speed (30kph) environment, and drop-off by car within a given distance restricted.”

(The deletion of the reference to enforcement comes from the fact that the Council has no influence on speed limit enforcement.  Unfortunately the Chief Executive is recommending this much weaker version: “Support and promote the implementation of policy in the immediate vicinity of schools to provide for a safe and attractive low speed (30kph) environment.”)

SH9.10 Cycle Routes to Kinsealy
That the proposed amendment to add indicative cycle route Abbeville to Kettle’s Lane be confirmed with the addition of “subject to feasibility study”.
That the proposed amendment to add indicative cycle route Portmarnock to Teagasc Kinsealy be confirmed with the addition of “subject to feasibility study”.
That the proposed amendment to add indicative cycle route Balgriffin to Teagasc Kinsealy (along field boundaries east and north of Balgriffin cemetery) be confirmed with the addition of “subject to feasibility study”.
That the proposed amendment to add indicative cycle route Balgriffin to Kinsealy (via Malahide Road) be confirmed with the addition of “subject to feasibility study”.
(Unfortunately the Chief Executive is recommending that none of these routes be included.)
SH14.2 Mark Greater Dublin Area Cycle Network on the Development Plan maps
That the proposed amendment to mark the routes of the Greater Dublin Area Cycle Network Plan within Fingal on the relevant Development Plan maps be confirmed.
(Unfortunately the Chief Executive is recommending that this amendment not be included.)
4.32 Balbriggan to Skerries cycling/walking scheme
That the proposed amendment:
Insert new Objective Skerries Promote and facilitate the development of the Balbriggan to Skerries cycling/walking Scheme along the Coast Road within the lifetime of this Development Plan”
be altered to now read:
“Insert new Objective Skerries
Promote and facilitate the development of the Balbriggan to Skerries cycling/walking Scheme along the Coast Road within two years of the adoption of this Development Plan”
as requested in the submission received.
(Unfortunately the Chief Executive is recommending that this two year time limit not be included.)
Low-carbon development and building
3.15 Low-carbon developments
That the proposed amendment
“Insert new Objective PM at Section 3.4 Sustainable Design and Standards New urban developments in Fingal will be required to be low-carbon developments, in all aspects of layout design and construction”
be confirmed.
(Unfortunately the Chief Executive is recommending that this amendment not be included.)
3.16 Low-carbon building materials
That the proposed amendment
“Insert new Objective PM at Section 3.4 Sustainable Design and Standards In general, require the use of low carbon building materials and where available use Environmental Product Declarations (EPD) for the assessment of the sustainable use of resources and of the impact of constructions works on the environment.”
be confir(Unfortunately the Chief Executive is recommending that this amendment not be included.)
Quarries
5.18 Extractive industries
That in light of the SEA assessment that “The deletion of this text is directly negative for biodiversity, water, population, landscape, soil/ landuse.” the deletion proposed in amendment 5.18 not be made.
(Unfortunately the Chief Executive is recommending this amendment which deletes strict criteria to be met for quarrying.)
5.20 Extractive industries
That in light of the SEA assessment that “The deletion of this text is directly negative for biodiversity, water, population, landscape, soil/ landuse.” the deletion proposed in amendment 5.20 not be made.
(Unfortunately the Chief Executive is recommending this amendment which deletes strict criteria to be met for quarrying.)
Public transport routes
For background, please see my posts relating to these routes
SH7.7 Public transport reservation Swords to Donabate
That the proposed amendment to insert a public transport reservation Swords to Donabate be confirmed.
(Unfortunately the Chief Executive is recommending that this amendment not be included.)
SH9.12 Public transport reservation from Metro West alignment to Balgriffin
That the proposed amendment to insert a public transport reservation – Metro West alignment aka Light Rail Corridor to Balgriffin – be confirmed.
(Unfortunately the Chief Executive is recommending that this amendment not be included.)
SH9.13 Public transport reservation from Balgriffin to Portmarnock
That the proposed amendment to insert a public transport reservation – Balgriffin to Portmarnock – be confirmed
(Unfortunately the Chief Executive is recommending that this amendment not be included.)

Reports on County Development Plan – Cycling motions

Last month’s County Development Plan meetings discussed a wide range of issues. I’m posting some reports in particular on the motions I submitted. I also supported important motions by my Green colleague Roderic O’Gorman and a range of Councillors from all parties.

The largest batch of motions were those on cycling so I’ll address those first.

One of the results of the public display of the draft plan was the receipt of a range of submissions criticising the inadequacy of the policies contained in the draft as regards cycling.These came from a range of parties, including the National Transport Authority which suggested that the policies in relation to cycling in the plan could be strengthened.

In response to these submissions, I submitted a range of proposed amendments, many of which were directly extracted from the National Cycle Policy Framework (NCPF), particularly the policies and actions identified in the Framework for implementation by local authorities.

In advising the Councillors on the motions submitted, the Council management first claimed that many of the motions submitted were invalid as they didn’t relate to submissions received. This label was applied to 15 of the 21 amendments which I proposed based on the NCPF. When I pointed out their origin this claim did not resurface.

When it came to the discussions, the first two cycling related motions were

  • to mark the cycle routes from the Greater Dublin Area Cycle Network Plan on the Development Plan maps the same as the other cycle routes already proposed
  • to provide safe routes to school as part of the process of identifying and procuring new school sites

It was a bit of a surprise that, unfortunately, the Planning Department opposed both of these. The majority of Councillors supported my motion to mark the GDA routes on the maps despite the official advice against it.

However they also opposed my proposal that safe walking and cycling routes would be provided to new schools  as part of the school development process and a slim majority of Councillors voted it down. The media, starting with the cycling journalism website Irishcycle.com, naturally took an interest in this and reported it the following week: Irishcycle.com, TheJournal.ie, DublinLive.ie.

At the following meeting, the officials continued to oppose the cycling motions and a number of other important motions were defeated including a proposal to implement HGV management strategies in urban areas, a proposal to carry out remedial measures to existing cyclist unfriendly urban roads and a proposal to provide safe cycling and walking routes to existing schools during the lifetime of the plan including an audit of all schools. These motions were all based on the National Cycle Policy Framework adopted in 2009, but despite that the officials convinced a majority of Councillors to vote them down.

At a subsequent meeting, the media attention to the vote against safe routes to schools started to have an impact and my motions to provide cycle routes from Holywell, Portmarnock and Balgriffin to Kinsealy to serve the proposed new secondary school there and the existing primary schools were all successful. So overall, a mixture of good and bad news.

 

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Proposed greenway style cycle route from Kettle’s Lane to Kinsealy via Abbeville

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Proposed greenway style cycle route from Portmarnock to Kinsealy

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Proposed greenway style cycle route from Balgriffin to Kinsealy

The amendments to the Draft Plan are on public display until 2nd December. At this stage they are only proposed amendments; they could be overturned following the consultation. So if you agree with any of the amendments, make sure to make a submission!

I’m still following up on the National Cycle Policy Framework (NCPF) issue. The media reports on the motion for safe routes to schools which was defeated, led to me learning from a member of the public of the existence of Planning Circular_pssp_8_2010_on NCPF_and_development_plans. This circular requires the Council to make the Development Plan consistent with the NCPF.

All of the cycling related motions had already been dealt with when I received the Circular but I immediately drew the attention of the next Council meeting dealing with the Development Plan to the obligations placed on the Council by the Circular. The Council officials were unwilling to recognise that the Circular had any significance to the process or to revisit the issues.

I have written to the Minister for Housing and Planning in relation to this.