Category Archives: County Development Plan / Plean Forbartha Contae

Leave granted for a Judicial Review of the permission for demolition of Deer Park Hotel.

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:

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Fingal to consider variation of Development Plan to ensure apartment sales to the public

Fingal Councillors agreed unanimously on Monday to my motion to initiate the process to vary the Fingal Development plan to include a provision to require apartments to be sold to the public rather than to institutional for-profit landlords. I have previously written to the outgoing Minister for Housing asking him to consider a similar provision at a national level. That email sets out the reasons this important change needs to be made.

The next step in the process is a report from the Council executive within four weeks. At that stage, hopefully the Council will agree to put the proposed variation on public display. Given the motion received the support of all 34 Councillors present last Monday, I hope this change to our Development Plan will take effect soon.

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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.