Manager’s Reports in relation to motions on Donabate LAP

FINGAL COUNTY COUNCIL

MONDAY, 12th JUNE, 2006

ITEM NO. 34

MOTIONS TO DONABATE LOCAL AREA PLAN

Motion No. 1

   Motion:   Councillor J. Corr
“That the draft Local Area Plan be rejected and that
1.   in order to inform further consideration of the appropriate zoning of these lands, the Manager carry out a study on the provision of rail access to the RS1 zoned lands at Corballis and Ballymastone, to consider the following possibilities
a.   the closure of the existing railway station at Donabate in favour of one to the north and one to the south of the existing station
b.   the extension of the Metro to an interchange station at the new South Donabate Railway Station
c.   the continuation of the Metro to a final stop to serve Ballymastone
d.   any other practical methods to ensure that new housing is built within walking distance of an effective integrated rail service
1.   demographic calculations of the occupation of the houses in Donabate be carried out and a phased programme be devised for the provision of educational facilities based on these calculations
2.   when redrafted the draft LAP will provide that planning permissions will be granted only in accordance with the available school capacities
3   demographic calculations of the occupation of the houses in Donabate be carried out and a phased programme be devised for the provision of medical facilities based on these calculations
4.   when redrafted the draft LAP will designate a site for a primary health-care centre and that the bulk of the residential planning permissions will be granted only when this is provided
when redrafted, the draft LAP will provide for energy standards in buildings constructed similar to those adopted in the Portmarnock LAP.”

Report

The report on this motion is addressed under the following headings:
•   Appropriateness of the zoning.
•   Location of the rail station and integration of public transport facilities
•   Phasing of development in relation to the provision of facilities

Appropriateness of Zoning.

All of the plan lands which are the subject of this Draft LAP are zoned ‘RS1’ in the current County Development Plan: ‘To provide for new residential communities in accordance with approved local area plans and subject to the provision of the necessary social and physical infrastructure’. Given this zoning the Planning Authority was legally required to prepare a LAP for the subject lands. It is not within the power of the Manager to consider the appropriateness or otherwise of the existing zoning provisions relating to the subject LAP lands.
Location of rail station and the integration of public transport facilities.

Retaining the heart of the expanding town within the town centre and promoting the development of a vibrant town core in Donabate is the policy of the Council and it is within this context that the Draft LAP was prepared. The objective of the Planning Authority is ‘To channel and concentrate the development of additional commercial, social and civic facilities within the town centre and promote a high quality of urban design in such development.’

The existing rail station in the centre of Donabate in a key and central feature of the town centre. The majority of the existing residents and future residents in Donabate are and will be living within 1 Kilometre [10-12 minutes walk] of the existing rail station.

As part of the LAP/SEA process Fingal County Council considered the possible closure of the station in the centre of the town and it’s relocation southwards within the Corballis lands.
It was considered that the station at this new location would be close to the southern edge of the expanding town and at a greater distance from the majority of existing and future residents living within the town.

It was considered that the relocation of the station would likely result in the following:

[1] Most people within the growing town would not be living within walking distance of the station and would consequently be more likely to drive to the rail station which would increase the overall car and traffic movements in the town and particularly within the Corballis area.

[2] The new station would become the major focal point in the expanding town with development pressures to provide significant additional commercial and retail development on lands adjacent to the new station rather than within the town centre contrary to the provisions of the County Development Plan. In this event the ‘core ‘ or heart of the town could shift to the area around the new station and the existing town core could suffer from under investment.

The relocation of the station was considered to be contrary to the proper planning and sustainable development of the expanding town of Donabate.

Sections 12 and 13 of the Draft LAP incorporates a number of provisions to promote the effective integration of improved public transport facilities in order to maximise their use when they become available and to reduce car traffic demands.

Section 12.2 of the draft LAP entitled ‘Feeder and Local Bus Services’ states the following :

Fingal County Councill will promote the development of feeder and local bus services feeding into and fully integrated with the improvement of rail facilities and the provision of the Metro in accordance with Transport 21 and Development Objective 6 in County Development Plan “ to promote the development of a shuttle bus service linking Donabate and Portrane to the mainline commuter services on the N1 and/or Metro in Swords”.

The phasing of development in relation to the provision of facilities
The Managers report recommends a revised phasing scheme which provides for the following:

• Significant front loading of infrastructure prior to house/residential unit starts.

• Significant front loading of infrastructure prior to the occupation of house/residential units

• Placing a cap of 5000 units as the maximum number of residential units within the LAP lands.
• Allocating this number 5000 between the four tracts of land.

• Rolling out the LAP over a longer period 13 years 2006-2018.

• Capping the number of house/residential unit starts at a maximum of 500 per year in the 2009-2018 period.

• Allowing Circa 300 residential units [on sites located within the Ballymastone lands on the northern side of the Balcarrick Road] to be constructed in the 2007-2008 period.

• Tightening up the phasing of the delivery of Local Service Areas and schools.

School facilities

Regarding the provision of school facilities only a limited number of residential units [circa 300] can be occupied prior to the construction of the primary and post primary schools at Ballisk.
The Primary School Facilities at Ballymastone must be provided before the occupation of 500 residential units at Ballymastone.
The Primary School Facilities at Corballis must be provided before the occupation of 500 residential units at Corballis.

Medical facilities

Doctor/ dentist surgeries shall be provided in the Local Service Areas at Ballymastone and Corballis.

The Managers report recommends the inclusion of a specific objective in the Draft LAP relating to the provision of a primary health care facility as required within the Ballymastone Local Service Area.

While the direct delivery of the schools and the primary health care facility is the responsibility of the Department of Education and Science and the Health Service Executive and is not within the direct control of Fingal County Council, Fingal County Council will work closely with both of these agencies in order to promote the early provision of these services for the expanding town.

Energy standards in buildings

This issue is addressed in Motion 6, to which, the Manager has no objection.

Recommendation:
As it is considered that the bulk of the intentions contained in the motion – the rail issue was considered and there is provision to address further modifications if so required by Irish Rail, the phasing is related to the provision of infrastructure both outside and within the control of the Council and energy standards proposed in a later motion are supported – that this motion be rejected.

FINGAL COUNTY COUNCIL

MONDAY, 12th JUNE, 2006

ITEM NO. 34

MOTIONS TO DONABATE LOCAL AREA PLAN

Motion No. 2

Motion:   Councillor P. Coyle
“That the present Draft Local Area Plan for Donabate be revoked and a new Draft be drawn up following the setting up and operation of a Donabate Forum (in similar lines to the Dublin North City Fringe Forum) that will bring together:
a)   all the service providers (including Dept. of Education, HSE, Gardai, Iaranód Eireann, Dublin Bus, ESB)
b)   Council officials (including Planning, Transportation, Water Services, Housing, Community & Parks staff)
c)   Elected Members
d)   Community representatives

The objective of the Forum is to ensure that the needed infrastructure will be provided and be seen to be provided in an integrated fashion.”

Report

FINGAL COUNTY COUNCIL

MONDAY, 12th JUNE, 2006

ITEM NO. 34

MOTIONS TO DONABATE LOCAL AREA PLAN

Motion No. 3

Motion: Councillors Kelleher & McGuire
“That the draft Local Area Plan for Donabate can only be approved in conjunction with the provisions contained in the Motions 7 to 16 submitted in the names of Councillors Gerry McGuire and Tom Kelleher.”

Report:

FINGAL COUNTY COUNCIL

MONDAY, 12th JUNE, 2006

ITEM NO. 34

MOTIONS TO DONABATE LOCAL AREA PLAN

Motion No. 4

Motion: Councillor C. Daly
“To ensure transparency and accuracy in the translation of all motions passed, the County Manager will revise the LAP drawings and documents to take account of the Motions passed and put these on public display for a period of 6 weeks for the public to view and consulting with the community regarding any discrepancies found.”

Report

Fingal County Council is legally bound by the provisions of The Planning and Development Acts relating to Local Area Plans.

Any variation or modification to the Draft LAP proposed by the elected members, which would constitute a material alteration of the Draft LAP would have to be put on public display and the public would have the opportunity to make submissions in respect of the proposed variation or modification of the Draft LAP before the making of any Variation or modification.

Recommendation: To reject motion.

FINGAL COUNTY COUNCIL

MONDAY, 12th JUNE, 2006

ITEM NO. 34

MOTIONS TO DONABATE LOCAL AREA PLAN

Motion No. 5

Motion: Councillor G. McGuire
“That land swaps within the LAP lands and County should be an objective of the plan so that areas within the County that do not have access to land for social and affordable housing may be accommodated.”

Report:
It is assumed that the motion refers to the Council owned lands at Ballymastone. Development by the Council of all the Council owned lands at Ballymastone exclusively for social and affordable housing would be contrary to the provisions of the draft LAP. Therefore it is intended that the Council will either sell some of the land concerned or to engage in land swaps which will facilitate the Council in obtaining land in other areas.

Recommendation:
Insert additional objective as follows in Section 6.3 of the Draft LAP:

‘The Council to seek to engage in land swaps and/or sale of some of the Council owned land at Ballymastone so as to ensure a wide choice in terms of housing tenure at this location’

FINGAL COUNTY COUNCIL

MONDAY, 12th JUNE, 2006

ITEM NO. 34

MOTIONS TO DONABATE LOCAL AREA PLAN

Motion No. 6

Motion: Councillor J. Corr
“That the following be included in the draft Local Area Plan:

Approach

Fingal County Council is committed as a priority to encouraging more sustainable development through energy end use efficiency, and increasing the use of renewable energy, in all new building projects in the designated area within the Donabate Local Area Plan.

It will achieve this by:

• Encouraging responsible environmental management in construction
• Promoting sustainable approaches to housing developments by spatial planning, layout, design and detailed specification
• Ensuring high standards of energy efficiency in all housing developments under its remit, and encouraging developers, owners, and tenants to improve the environmental performance of the building stock, including the deployment of renewable energy
• For housing, specifically applying an improvement of 60% relative to prevailing norms as represented by the Building Regulations Part L
• For other buildings, specifically applying an improvement of 60% relative to prevailing norms as represented by the Building Regulations Part L
• Anticipating the operational implementation of the EU Directive on the Energy Performance of Buildings (EPBD) by encouraging the energy rating and labelling of building energy performance, so as to give visible recognition to such improvements.

The specific approach proposed for developers is to set a target, accompanied by a menu of design and technology options, including renewable energy technologies, as a means of offering flexibility towards meeting that target in the most technically and economically feasible manner on a case by case basis.

As an initial step towards achieving greater environment sustainability, Fingal County Council is proposing the introduction of a performance based CO2 Emissions Target (CET) for new buildings being constructed within the Donabate Local Area Plan.

Targets

All new buildings within the designated area will represent a significant improvement in energy and associated environmental performance relative to prevailing practice. The following conditions apply:

A collective reduction of at least 60% in CO2 emissions deriving from total energy usage (space heating, water heating, lighting, other) arising from all services within the development, relative to a baseline of existing regulatory and design practice. This initial baseline of comparison is to be represented by the provisions of TGD L to the Building Regulations, 2006. In the absence of an official national methodology for determining the energy performance of non-domestic buildings, this calculation is to be carried out using a method compliant with the draft European Standard prEN 13790.

In meeting this CO2 performance target, the development shall include:
• A collective average reduction of at least 60% in energy consumption for all services , relative to the baseline of existing regulatory and design practice and using a methodology as outlined above; and
• A contribution of 30% by renewable energy supply systems to meet the collective energy requirements within the development.

Fingal County Council requires that new housing developments should achieve a 60% reduction in CO2 emissions associated with space and water heating (i.e. to below 9.5 kg/m2/year), which must include a reduction in energy use for this purpose (i.e. to below 50 kWh/ m2/year) and a contribution of at least 30% by renewable energy systems to meet the collective space and water heating requirements within the development.

Menu of options

In pursuit of these targets, a strong menu of superior design and specification options will include the following:

• Site layout and associated bio-climatic/ passive solar design measures
• Enhanced levels of insulation in walls, roofs, floors, glazing and doors
• Reduced uncontrolled air infiltration losses
• Use of healthy and controllable ventilation systems
• Heat recovery systems
• Use of daylight
• Water conservation measures
• More sustainable building materials
• Improved heat generation appliance efficiency, e.g. condensing boilers
• Intelligent heating system configuration and time/ temperature/ zone/ function controls
• Efficient provision of domestic hot water
• Fuel switching to low or zero CO2 emitting fuels
• Energy efficient lighting systems
• Incorporation of renewable energy systems, e.g. active solar, heat pumps, biomass
• Provision of appropriate group or district heating systems.

In the case of non-domestic buildings, additional options include:

• Heating, ventilation and air conditioning systems and controls
• Electrical energy use including motive power
• Efficient lighting systems and controls
• Building Energy Management Systems
• Occupancy controls
• Monitoring and Targeting systems
• Combined Heat and Power (CHP).

Other measures which can contribute to the energy efficiency and renewable energy targets can also be considered.

This menu approach enables specifiers and developers to adopt approaches which are responsive to site and client circumstances and constraints, and offers the flexibility to explore and employ different mixes of options on a case by case basis, to maximise technical and economic feasibility.”

Report:

There is no objection to the motion subject to the following paragraphs being inserted after the sentence “the following conditions apply” under Targets:

Housing:

A collective average reduction of at least 60% in CO2 emissions deriving from energy usage for space and water heating within the housing development, relative to a baseline of prevailing regulatory and design practice. This initial baseline of comparison is to be represented by the provisions of Technical Guidance Document L (TGD L) to the Building Regulations, 2002 using a conventional gas fired heating boiler with an assumed seasonal efficiency of 75%. The calculation is to be carried out for the time being using the Heat Energy Rating Method in TGD L, pending adoption of the official national methodology for determining energy performance of housing for the purposes of the EU Energy Performance of Buildings Directive (EPBD).

In meeting this CO2 performance target, the development shall include:

• A collective average reduction of at least 60% in energy consumption for space and water heating , relative to the baseline of existing regulatory and design practice and using the methodology outlined above; and
• A contribution of 30% by renewable energy supply systems to meet the collective space and water heating requirements within the housing development.

Non-residential:

In meeting this CO2 performance target, the development shall include:

• A collective average reduction of at least 60% in energy consumption for all services , relative to the baseline of existing regulatory and design practice and using a methodology as outlined above; and
• A contribution of 30% by renewable energy supply systems to meet the collective energy requirements within the development.

To illustrate the above, using the Heat Energy Rating methodology, the baseline energy performance of new housing is typically 125 kWh/m2/year for space and water heating when constructed to the minimum requirements of Building Regulations, 2002, and using a boiler with a seasonal efficiency of 75%. This translates into a CO2 performance of 23.7 kg/m2/year using a gas fired heating system.

Fingal County Council requires that new housing developments should achieve a 60% reduction in CO2 emissions associated with space and water heating (i.e. to below 9.5 kg/m2/year), which must include a reduction in energy use for this purpose (i.e. to below 50 kWh/ m2/year) and a contribution of at least 30% by renewable energy systems to meet the collective space and water heating requirements within the development.

Menu of Options

In pursuit of these targets, a strong menu of superior design and specification options will include the following:

•   Site layout and associated bio-climatic/ passive solar design measures
•   Enhanced levels of insulation in walls, roofs, floors, glazing and doors
•   Reduced uncontrolled air infiltration losses
•   Use of healthy and controllable ventilation systems
•   Heat recovery systems
•   Use of daylight
•   Water conservation measures
•   More sustainable building materials
•   Improved heat generation appliance efficiency, e.g. condensing boilers
•   Intelligent heating system configuration and time/ temperature/ zone/ function controls
•   Efficient provision of domestic hot water
•   Fuel switching to low or zero CO2 emitting fuels
•   Energy efficient lighting systems
•   Incorporation of renewable energy systems, e.g. active solar, heat pumps, biomass
•   Provision of appropriate group or district heating systems.

In the case of non-domestic buildings, additional options include:

•   Heating, ventilation and air conditioning systems and controls
•   Electrical energy use including motive power
•   Efficient lighting systems and controls
•   Building Energy Management Systems
•   Occupancy controls
•   Monitoring and Targeting systems
•   Combined Heat and Power (CHP).

Other measures which can contribute to the energy efficiency and renewable energy targets can also be considered.

This insertion will make the motion exactly the same as the motion on sustainability adopted in the Portmarnock L.A.P.

Recommendation: That the amended motion be passed and inserted as new section 9.1 in LAP.

FINGAL COUNTY COUNCIL

MONDAY, 12th JUNE, 2006

ITEM NO. 34

MOTIONS TO DONABATE LOCAL AREA PLAN

Motion No. 7

Motion: Councillors Kennedy, McGuire, Kelleher & Kelly
“That Fingal County Council resolve that the Social and Affordable housing element in new residential housing be restricted to 15pc of the units being built and the distribution and breakdown between Social and Affordable housing be consistent with current best practice in Fingal.”

Report:
Fingal County Council policy as stated in Policy SIP11, Fingal County Development Plan 2005-2011 is ‘To integrate new social housing into existing social and urban fabric of the County’s settlements’. It is also is an objective of the draft Donabate Local Area Plan to ensure that social and affordable housing is spread throughout the plan lands and this will be achieved in accordance with current best practice in Fingal. In order to provide certainty in this regard the following amendment to the draft plan was proposed in the Managers Report:

‘Section 6.3 be replaced by the following:

Based on the target number of residential units within the LAP lands, not more than 10% of the target number of units shall comprise Social housing. The Social/ Affordable housing shall be delivered jointly by Fingal County Council, private developers and the voluntary housing sector. In order to promote and facilitate integration it is an objective of the Council to ensure that social and affordable housing is spread throughout the Plan lands, i.e. Corballis, Ballymastone, Rahillion & Turvey.’

The Council has a statutory responsibility to ensure that housing is available for persons who have different levels of income, in accordance with the Planning and Development Acts 2000-2002. Ensuring the provision of affordable private housing for persons whose payments on a mortgage would exceed 35 per cent of that person’s annual income, net of income tax and PRSI, subject to income limits, is part of this responsibility. It is considered unreasonable to limit the number of affordable units other than to implement Council policy in this regard, this policy is set out in the Housing Strategy for the County.

Recommendation:
Adopt Manager’s proposed Amendment.

FINGAL COUNTY COUNCIL

MONDAY, 12th JUNE, 2006

ITEM NO. 34

MOTIONS TO DONABATE LOCAL AREA PLAN

Motion No. 8

Motion: Councillors Kennedy, Devitt, McGuire, Kelleher, Daly &
Kelly
“That Fingal County Council resolve that the existing town centre of Donabate be enhanced in accordance with the provisions of the Donabate Local Area Plan and the County Manager must ensure that any other commercial centre to be developed within the Local Area Plan lands does not compromise the viability of the existing town centre.”

Report

The draft LAP was prepared having full regard to the existing Town Centre. Retaining the heart of the expanding town within the town centre and promoting the development of a vibrant town core in Donabate is the policy of the Council and it is within this context that the draft LAP was prepared. The objective of the Planning Authority is ‘To channel and concentrate the development of additional commercial, social and civic facilities within the town centre and promote a high quality of urban design in such development.’

Following adoption of the Donbate LAP an Urban Centre Strategy will be prepared by Fingal County Council. As part of the Urban Centre Strategy site design and development briefs will be prepared for a number of identified key sites [map on page 34 of Draft LAP] within the Town Centre including lands on the west side of the rail line, to ensure that these key sites are developed in an integrated manner providing for much needed additional facilities to serve the expanding town while enhancing and improving the civic and environmental quality of Donabate village and the vibrancy and vitality of the village core.

The early implementation of a traffic management scheme in the town centre, which is a stated objective of the draft LAP, will improve the environmental quality of the town centre. The Manager’s Report recommends that the traffic management scheme shall be implemented prior to the occupation of all residential units within the LAP with the exception of 300.

Most of new residential units will be located within 10-12 min walk of the rail station which is in the heart of the town centre. A key element of the draft LAP is the provision of pedestrian /cycle links between the LAP lands and the Town Centre which will provide future residents with direct and convenient connections to the Town Centre.

The town centre does not have the capacity to accommodate the full retail, commercial and service demands arising from the expansion of Donabate.

In order to meet the future demands of the expanded town the draft LAP provides for the development of two local service areas at Corballis and Ballymastone which will provide for the day to day needs of the local community in each of these distinct areas. The services provided within these Local service areas shall add to and complement existing and future services within the town centre and shall not undermine the primacy and vibrancy of the town centre.

.
Recommendation

[1] Section 17.0 Local service areas: paragraph 4 shall be replaced by the following:

The role and function of the Local service areas at Ballymastone and Corballis shall be to provide for the day to day needs of the local community in each of these distinct areas. The services provided within these Local Service Areas shall add to and complement existing and future services within the town centre and shall not undermine the primacy and vibrancy of the town centre. The services provided within these Local service areas shall not be at a level that will attract extraneous traffic onto the peninsula.

[2] Section 16.0: relationship of LAP lands to the Town Centre: the following sentence shall be added in at the end of the second paragraph :

The services provided within these Local service areas shall add to and complement existing and future services within the town centre and shall not undermine the primacy and vibrancy of the town centre.

FINGAL COUNTY COUNCIL

MONDAY, 12th JUNE, 2006

ITEM NO. 34

MOTIONS TO DONABATE LOCAL AREA PLAN

Motion No. 9

Motion: Councillors Kennedy, Devitt, McGuire, Kelleher, Daly &
Kelly
“That Fingal County Council resolve that provision be made in the Local Area Plan for the reservation of any additional lands for an integrated transport hub for Donabate and Portrane. Any such reservation should accommodate rail and bus service needs, and car and bicycle parking.”

Report:

As part of the LAP/SEA process Fingal County Council considered the possible relocation of the rail station southwards within the Corballis lands. It was considered that the station at this new location would be close to the southern edge of the expanding town and at a greater distance from the majority of existing and future residents living within the town.

It was considered that the relocation of the station would likely result in the following:

1.Most people within the growing town would not be living within walking distance of the station and would consequently be more likely to drive to the rail station which would increase the overall car and traffic movements in the town and particularly within the Corballis area.

2.The new station would become the major focal point in the expanding town with development pressures to provide significant additional commercial and retail development on lands adjacent to the new station rather than within the town centre contrary to the provisions of the County Development Plan. In this event the ‘core ‘ or heart of the town could shift to the area around the new station and the existing town core could suffer from under investment.

The relocation of the station was considered to be contrary to the proper planning and sustainable development of the expanding town of Donabate.

As part of the urban centre strategy specific Site Design and Development Briefs shall be prepared for identified undeveloped or potential redevelopment sites within the town centre including the lands around the rail station.

These Site Design and Development Briefs shall clearly present a vision for how these areas might be developed/ redeveloped in an integrated manner to provide for additional facilities to serve the expanding town in a manner that will enhance and improve the civic and environmental quality of this village and the vibrancy and vitality of the village core.

In any future development /redevelopment of the lands around the rail station [Area 4 on map of town centre] provision shall be made for: additional commuter parking in the form of a multi-storey facility; bus parking and turning facilities and pedestrian and cyclist facilities including cycle parking , to promote greater use of improved public transport facilities as they become available and full integration between the different modes of transport [ cars, buses , trains and cycling].

Recommendation

Section 16.0 Relationship of LAP lands to the Town Centre : Last paragraph shall be amended to read as follows:

In any future development /redevelopment of the lands around the rail station [Area 4 on map of town centre] provision shall be made for: additional commuter parking in the form of a multi-storey facility; bus parking and turning facilities and pedestrian and cyclist facilities including cycle parking, to promote greater use of improved public transport facilities as they become available and full integration between the different modes of transport [ cars, buses , trains and cycling].

FINGAL COUNTY COUNCIL

MONDAY, 12th JUNE, 2006

ITEM NO. 34

MOTIONS TO DONABATE LOCAL AREA PLAN

Motion No. 10

Motion: Councillors Kennedy, Devitt, McGuire, Kelleher, Daly &
Kelly
“That the detailed planning for the new residential developments must make provision for a high degree of permeability, specifically cycling, pedestrian and vehicular permeability both between and within those areas connecting to the existing town centre. To enhance the degree of permeability, provision should be made for footpaths, cycle ways and walkways and the Council must facilitate in particular access to train station, Newbridge Demesne, the beaches and major open space at Rogerstown and Broadmeadow estuaries. Permeability must be of the highest design standards and address crime prevention concerns of the local community.”

Report

The matters subject to this motion have been fully addressed in the Draft LAP.

A key element of the development strategy for the LAP lands as laid down in the draft LAP is the delivery of interconnecting pedestrian /cycle routes to provide for a high degree of permeability in the expanding town. The LAP provides for a network of cycleways and pedestrian linkages throughout the Plan lands and linking the LAP lands to the Town Centre, the rail station; existing residential areas; Newbridge and St. Ita’s Demesnes and the Malahide Estuary. These routes are indicatively shown on the LAP map. The precise routings will be identified at Master Plan stage. Developers shall be required to provide these pedestrian/cycle routes within the LAP lands in conjunction with phased residential development. Future development will be required to overlook these routes to provide passive surveillance and pedestrian safety.

The proposed network of routes within the LAP lands will interconnect with existing and new pedestrian/cycle routes to be provided into the future as shown on the‘Green Spaces and Networks’ map in the Draft LAP. Monies levied as part of the Section 48 Contribution Scheme from development in Donabate shall be ring -fenced to deliver parts of the green network outside the LAP lands in consultation with the relevant stakeholders.

Vehicular access to future development at Corballis and Ballymastone will be via designated junctions off the new distributor road. The proposed street network in the draft LAP will provides a high degree of permeability to ensure that vehicle flows are well distributed and that through traffic is minimised.

Recommendation : No change as the provisions are already included in draft LAP.

FINGAL COUNTY COUNCIL

MONDAY, 12th JUNE, 2006

ITEM NO. 34

MOTIONS TO DONABATE LOCAL AREA PLAN

Motion No. 11

Motion: Councillors Kennedy, Devitt, McGuire, Kelleher, Daly &
Kelly
“That Fingal County Council resolve that as part of a comprehensive programme to upgrade vehicular road traffic movements in and out of Donabate/Portrane peninsula that the Manager submit to the Council his proposals and time scales to improve existing county road connections to the proposed connector road. These improvements must make adequate provision for connections from the distributor road eastwards with Portrane and westwards with the national road network and the M1 motorway at Lissenhall junction.”

Report
The future demands for infrastructure including roads and traffic management were assessed as part of the LAP process. The commissioned ILTP study on traffic and transport looked at future traffic demands on the peninsula arising from both existing development on the peninsula and the development of all the zoned lands. The draft LAP outlines planned improvements to existing road infrastructure as well as the provision of new infrastructure to cater for future demands. The phasing of development in the LAP lands is linked to improvements to existing infrastructure as well as the provision of new infrastructure. The planned programme is as follows:
•   Footpaths on Turvey Avenue – work has commenced and it is anticipated that footpaths will be completed by year-end.
•   Footpaths will be provided between Beaverstown and the village centre – to be provided over the next twelve months.
•   Road improvement measures on the Portrane Road during 2007.
•   Short-term improvements to Hearse Road and improved access to the M1 by way of signalisation. It anticipated that this work will be complete within the next 6-8 month period
•   The provision of a main distributor road [between Hearse Road and Portrane Road] incorporating the new railway bridge crossing.
•   An upgrade of Hearse Road to distributor road standard with adaptation to the access to the M1 intersection, a study to determine the optimum solution in this regard is underway.
•   Implementation of a traffic management scheme within the town centre.

Recommendation:

No Change as the provisions are already included in the draft LAP.

FINGAL COUNTY COUNCIL

MONDAY, 12th JUNE, 2006

ITEM NO. 34

MOTIONS TO DONABATE LOCAL AREA PLAN

Motion No. 12

Motion: Councillors Kennedy, Devitt, McGuire, Kelleher, Daly &
Kelly
“That as part of a proposed programme to have phased provision of infrastructure in advance of housing construction, that the County Manager submits his proposals to the Council and reports regularly on progress, in phasing and targets for the provision of necessary infrastructure, in addition to the targets already provided for in the Local Area Plan for Donabate. Such proposals and regular reports must specify the distributor road, four and storm water drainage, water and electricity provision, Class 1 open space and other essential community facilities, specifically primary and secondary schools, Garda, Fire and Medical Services, Civic facilities, Public Library, adequate Retail facilities, After School Care, Crèche facilities, and enhanced Transport links.”

Report:
Proposals in relation to phasing and rate of development in terms of the delivery of infrastructure are outlined in Section 28 of the draft LAP as amended by the Manager’s Report. It is considered appropriate that the Council be provided with regular progress reports regarding the development of the LAP including the provision of infrastructure.

Recommendation
Insert the following provision as an additional section, 28.10, of the Plan

28.10 Six monthly reports will be presented to Council in relation to this LAP detailing progress in the delivery of the physical and social infrastructure proposed in this plan.

FINGAL COUNTY COUNCIL

MONDAY, 12th JUNE, 2006

ITEM NO. 34

MOTIONS TO DONABATE LOCAL AREA PLAN

Motion No. 13

Motion: Councillors Kennedy, Devitt, McGuire, Kelleher
“Fingal County Council resolves that the phasing of residential development in the Donabate area must be constrained to a maximum of 150 units a year until 2010, and the County Manager must outline to the Council his proposals for phasing thereafter having regard to infrastructure provisions and sustainability.”

Report:
The following report is limited to dealing with development within the LAP lands. Section 4 of the Manager’s Report recommends a revised phasing scheme for the development of the LAP lands which includes:
• Significant frontloading of infrastructure prior to house/residential unit starts.
• Significant front loading of infrastructure prior to occupation of house/residential units.
In relation to house starts, the Manager’s Report recommends the following amendments to Section 28 of the draft local area plan to include the following provisions:

‘Capping the number of house/residential unit starts at a maximum of 500 per year in the 2009-2018 period. Circa 300 proposed residential units may be constructed in the 2007-2008 period on sites located within the Ballymastone lands on the northern side of the Balcarrick Road. The number of annual house/residential unit starts shall be distributed evenly across the 4 separate tracts of land in the 2009-2018 period. ‘

This motion proposes to cap the number of house starts at 600 in the period to 2010, a reduction of 200 to that proposed above, this is acceptable. However, as the number of unit starts is also linked to the provision of physical and social infrastructure it is considered that the cap should more appropriately be set as an average number of unit starts per year. This will allow the same number of unit starts in the period but will take account of the likely delay caused by the requirement to front load infrastructure during the early phase of the plan.

The first three paragraphs of Section 28 of the draft LAP as amended by the Manager’s Report states the following:

‘Development within the LAP lands shall take place over a minimum period of 13 years 2006-2018.
The maximum number of residential units which shall be built within the LAP lands is 5000.

The number of house/residential unit starts shall be capped at a maximum of 500 per year in the 2009-2018 period. The number of annual house/ residential unit starts shall be distributed evenly across the 4 separate tracts of land.
Circa 300 proposed residential units may be constructed in the 2007-2008 period on sites located within the Ballymastone lands on the northern side of the Balcarrick Road subject to all of the requirements of Section 27.0 ‘Mechanisms for Implementation of the LAP’ being met.’

Recommendation:

These paragraphs to be amended as follows:

‘Development within the LAP lands shall take place over a minimum period of 13 years 2006-2018.
The maximum number of residential units which shall be built within the LAP lands is 5000.

The number of house/residential starts shall be capped at an average of 150 units per year to 2010 and thereafter at a maximum of 500 units per year until the 5000 residential units proposed have commenced. The number of house/residential unit starts shall be distributed evenly accross the 4 separate tracts of land with the exception of circa 300 proposed residential units which may be constructed in the 2007-2008 period on sites located within the Ballymastone lands on the northern side of the Balcarrick Road subject to all of the requirements of Section 27.0 ‘Mechanisms for Implementation of the LAP’ being met.’’

FINGAL COUNTY COUNCIL

MONDAY, 12th JUNE, 2006

ITEM NO. 34

MOTIONS TO DONABATE LOCAL AREA PLAN

Motion No. 14

Motion: Councillors Daly & Kelly
“The phasing of residential development in the Donabate area must be constrained to a maximum of 150 units constructed a year until 2010, and the County Manager must outline to the Council his proposals for phasing thereafter having regard to infrastructure provisions and sustainability.”

Report:

The following report is limited to dealing with development within the LAP lands. Section 4 of the Manager’s Report recommends a revised phasing scheme for the development of the LAP lands which includes:
• Significant frontloading of infrastructure prior to house/residential unit starts.
• Significant front loading of infrastructure prior to occupation of house/residential units.
In relation to house starts, the Manager’s Report recommends the following amendments to Section 28 of the draft local area plan to include the following provisions:

The first three paragraphs of Section 28 of the draft LAP as amended by the Manager’s Report states the following:

‘Development within the LAP lands shall take place over a minimum period of 13 years 2006-2018.
The maximum number of residential units which shall be built within the LAP lands is 5000.

Recommendation:

These paragraphs to be amended as follows:

‘Development within the LAP lands shall take place over a minimum period of 13 years 2006-2018.
The maximum number of residential units which shall be built within the LAP lands is 5000.

FINGAL COUNTY COUNCIL

MONDAY, 12th JUNE, 2006

ITEM NO. 34

MOTIONS TO DONABATE LOCAL AREA PLAN

Motion No. 15

Motion: Councillors Kennedy, Devitt, McGuire, Kelleher, Daly &
Kelly
“Fingal County Council resolves that the overall number of units to be constructed must be consistent with the National Spatial Strategy and with Regional Planning Guidelines for the Greater Dublin Area 2004-2016, which identifies Donabate as a moderate growth town.”

Report:

Most of the LAP lands [all of the Corballis, Turvey and Rahillion and some of the Ballymastone lands ] were rezoned for residential development by Variation to the 1999 County Development Plan in January 2004 [Variation 34 ]. The remainder of the Ballymastone lands subject to this LAP had been zoned for residential use in the 1999 CDP and some of these lands had been zoned for residential use in the 1993 CDP.

The Regional Planning Guidelines for the Greater Dublin Area 2004-2016 were published in July 2004. They were prepared in the context of the NSS. The Regional Planning Guidelines must be reviewed not later 2010. Donabate is designated in the RPGGDA as a moderate growth town within the Metropolitan Area. The indicative population range for such towns is 5000-15,000. This is offered as guidance to planning authorities and cannot be interpreted as an absolute maximum in every case.

The current County Development Plan was adopted by Fingal County Council in June 2005, having regard to the RPGGDA.

The revised phasing scheme as proposed in the Managers Report will result in a maximum population of circa 10,000 in Donabate town in 2010 -the date for the review of the RPGGDA. The population in Donabate in 2016 will not likely be much over 15,000 people, which is the indicative population for moderate growth towns.

Recommendation: No Change as the provisions are already included in the draft LAP.

FINGAL COUNTY COUNCIL

MONDAY, 12th JUNE, 2006

ITEM NO. 34

MOTIONS TO DONABATE LOCAL AREA PLAN

Motion No. 16

   Motion: Councillors Kennedy, Devitt, McGuire, Kelleher, Daly &
   Kelly
“That, in recognition of Community Concerns for the low lying lands and the areas of ecological sensitivity (Figure 5, Area 3 of the Strategic Environmental Assessment) in the LAP Section west of the railway line and south of the Hearse road, a detailed environmental impact study be prepared and presented to the Council for consideration re:
A)   The alternative route for the new distributor road
B)   The design and construction of the new distributor road
C)   Potential residential and or commercial development in the section
D)   The potential designation of open space, greenways or protected lands in the Section.”

Report

The draft LAP and SEA have fully considered the implications of the development of the plan lands in terms of their ecological sensitivity. Consultation took place internally with the Biodiversity officer and Heritage officer. External independent advice was also sought from Natura Environmental Consultants, who were commissioned to conduct an ecological assessment. During this process, consultation took place with the National Parks & Wildlife Service, the Eastern Regional Fisheries Board, local naturalists and members of BirdWatch Ireland. The ecological assessment looked at:
•   The implications of development on the biodiversity value of the LAP lands;
•   Impacts on the nearby designated nature conservation areas, particularly Rogerstown and Malahide Estuaries, and
•   Impacts on surrounding features of ecological value on adjacent lands.

The recommendations in the ecological assessment carried out by Natura Environmental Consultants have been incorporated within the draft LAP and SEA. In this regard particular reference is made to the following sections in the draft LAP and SEA:

LAP: Section 15 Public open space, landscape and recreational strategy;
LAP: Section 21.1 Measures to protect and enhance biodiversity;

SEA: Section 6.1 Biodiversity/Flora and Fauna
SEA: Section 12.1.1 Designated Class 1 Public Open Space at Corballis
SEA: Section 12.1.5 Maintain Mature Treelines and Hedgerows
SEA: Section 12.1.9 Riverside Corridors
SEA: Section 13.1 Ecology
SEA: Appendix 3 Extract from Ecological Assessment by Natura Environmental Consultants

The area identified by a number of councillors as of particular concern for the public is Area 3, located west of the railway line (between Hearse Road and Island Road). The habitats in Area 3 were identified by Natura Environmental Consultants as comprising a mixture of small fields and hedgerows containing some dry meadows and some arable crops. 3 bird species recorded in this area are the Yellowhammer, the Kingfisher, and the Buzzard.

The section of the River Pill in area 3 is the only significant freshwater habitat in the LAP lands and is used by the kingfisher. The river is also of importance given that it drains into the Outer Malahide Estuary.

The ecological assessment did not recommend that ‘Area 3’ be kept free of all development. A number of recommendations were made in respect of this area and these were incorporated into Section 21.1 of the Draft LAP ‘ Measures to protect and enhance biodiversity’ .

Section 21.1 of the Draft LAP ‘ Measures to protect and enhance biodiversity’

The LAP incorporates a number of measures, which will protect and enhance biodiversity including inter- alia the following:
•   Promoting the provision of constructed wet ponds/ wetlands as part of the SUDS strategy.
•   Creation of new habitats and habitat corridors.
•   Providing for ‘green corridor’ along the River Pil, forming a visual buffer and incorporating pedestrian/cycle routes.
•   Protecting and retaining identified mature woodlands, trees and hedgerows where practicable.
•   Promoting the development of some semi-natural grassland planting within areas of open space;

It is a specific objective of the Draft LAP to retain mature trees and hedgerows in so far as practical in ‘Area 3’ (LAP Section 21.1; specific objective 2 on the LAP map and SEA Section 12.1.5). The Draft LAP states the following:

‘ Mature trees /hedgerows: There are a number of field boundaries which contain mature tree lines and hedgerows in the vicinity of Ballymastone Farm buildings and mature hedgerows in the south west part of the Corballis lands between Hearse Road and Island Road. It is an objective that these mature trees /hedgerows shall be retained and incorporated into future development in so far as is practicable and this shall be the subject of further assessment as part of the Master Plan stage.

The purpose of this measure is:

To maintain connectivity between neighbouring blocks of woodland and other habitats in the surrounding demesnes and parkland.
To provide corridors of vegetation cover for larger wildlife species such as birds and mammals.

Any hedges/ trees, which are to be removed from the LAP lands, shall not be removed during the nesting season’.

The Managers report recommends that the following be inserted as the third sentence under Mature trees /hedgerows, Section 21.1 of the LAP:

‘Opportunities for enhancement of field boundaries and hedgerows shall also be encouraged where feasible’.

A green corridor adjoining the River Pill has been provided to the south western edge of the Corballis lands in proximity to the estuary, in accordance with the ecological assessment (LAP Section 21.1, LAP map and SEA Section 12.1.9).The Draft LAP states the following:

‘The River Pil, which flows from Newbridge Demesne, crossing the Hearse Road and Island Road before entering the Malahide Estuary, is a valuable habitat and shall be enhanced by some selective planting of riverside trees. This waterway is an important ecological feature and water quality shall be protected. A ‘green’ corridor will be provided along part of this river’

The Managers report recommends that the following be inserted under the heading ‘The River Pill’ under Section 21.1 as the final sentence:

‘Consultation shall take place with the DEHLG and the Fisheries Board’.

Environmental Impact Assessment (EIA) is the detailed process carried out in respect of individual developments likely to have significant environmental impacts. The EIA for the Corballis lands will be prepared in tandem with the preparation of the Master Plan. The Master Plan must comply with the provisions of this LAP. Environmental impacts in ‘Area 3’ will be considered as part of the EIA for development within the Corballis lands.

The Master Plan will consider carefully the proposed location of class 2 public open space in this area having particular regard to the ecological value of this area.

The Managers Report recommended that the following paragraph be inserted in Section 27.0 of the LAP:

‘Environmental Impact Assessment: An EIA is required to be submitted for development on each of the three tracts of land at Corballis, Ballymastone and Turvey. This will require co-operation between landowners’.

Recommendation : This paragraph shall be amended to read as follows:

“Environmental Impact Assessment: An EIA is required to submitted for development on each of the three tracts of land at Corballis, Ballymastone and Turvey. This will require co-operation between landowners. The EIA’s for the Corballis and Ballymastone lands shall be prepared in tandem with the preparation of the Master Plans for the Corballis and Ballymastone lands.

Any EIA for the proposed distributor road will pay particular regard to Area 3 on figure 5 in the SEA.”

FINGAL COUNTY COUNCIL

MONDAY, 12th JUNE, 2006

ITEM NO. 34

MOTIONS TO DONABATE LOCAL AREA PLAN

Motion No. 17

Motion: Councillor A. Devitt
“That the lap provide for a transitional zoning on the Rahillion lands at the interface between the existing 3 storey development and the proposed single story development for the remaining majority of these zoned lands —in the interest of providing a phased step down, to minimise overlooking from thr 3storey units of the lower developments.”

Report

This Draft Local Area Plan sets out the optimal development strategy for the proper planning and sustainable development of the undeveloped residentially zoned lands at Donabate. The Draft LAP must comply with the provisions of the County Development Plan.

There are two local objectives which apply to the Rahillion lands:

LO 127: development in the area shall be conditional on a satisfactory outcome of a detailed topographical and hydrological and visual/ landscape impact assessment.

LO128: development of these lands along the northern edge of Rogerstown Estuary shall be single storey development.

The LAP restricts development to single storey development in accordance with the provisions of the County Development Plan

Providing for higher buildings on the Rahillion lands would materially contravene LO 128 in the County Development Plan and would be ‘ultra vires’.

Recommendation : Reject Motion.

FINGAL COUNTY COUNCIL

MONDAY, 12th JUNE, 2006

ITEM NO. 34

MOTIONS TO DONABATE LOCAL AREA PLAN

Motion No. 18

Motion:   Councillor C. Daly
“Environment
“To protect the character of Donabate, the environment and sensitive habitats, landscapes and views, the County Manager will adapt the LAP to include the following provisions:
•   No development anywhere in Donabate may be 4 or more storeys in height. Development in Corballis may not exceed 2 storeys, Rahillion may not exceed 1 storey and Turvey may not exceed 2 storeys.
•   Retain the low density development in Rahillion as per the draft LAP, and do not increase this as proposed by the Manager’s Report
•   Prior to drawing up Masterplans, adopt, with consultation with the Department of the Environment, Birdwatch Ireland and other groups proposed by the Donabate and Portrane Community, a conservation mandate for the entire peninsula, whether lands are directly included in LAP land, SPA’s, Ramsar Sites or not, to include dunes, estuaries, forestry, marshlands, wild animals, birds and their habitats, which if not specifically protected will be under threat from development.
•   To reduce damage to sensitive habitats at Corballis, Rahillion and Turvey nearest the Estuary, planning applications must contain measures to prevent construction pollution and run-off and protect existing vegetation and hedgerows with severe penalties for failure to do so.
•   To reduce damage to sensitive habitats by Corballis, Rahillion and Turvey nearest the Estuary, give priority to planning applications containing grass roof (sedim) planting schemes, attenuated stormwater catchment and sustainable energy use schemes approved by Sustainable Energy Ireland.
•   No building development, road or disturbance of the landscape may be permitted closer than 200m from the Broadmeadow or Rogerstown Estuaries.
•   No road or housing may be constructed on any lands found to support rare plant or nesting rare or endangered bird species as identified in the SEA and any future required EIS.”

Report
This motion comprises a number of distinct elements. The proposed changes in this motion would fundamentally alter the development strategy as laid down in the Draft LAP. The effect of this motion if passed is to ‘de facto’ reject the Draft LAP.

Commissioned Reports

The following experts were commissioned to carry out studies to inform the LAP and SEA in the following areas:
Natura Environmental Consultants – Ecological Assessment.
Jacob Babtie Consultants – Surface Water and Stormwater Management Assessment.
Murray O Laoire Architects – Landscape Baseline Study.

Recommendations contained in these reports were incorporated into the Draft LAP and SEA.

Re. Building heights

This motion seeks to restrict the maximum height of development as follows:
– Single storey development at Rahillion.
– 2 storey at Turvey and Corballis .
– 3 storey at Ballymastone.

In determining the appropriate height of buildings across the LAP lands serious consideration was given both to:
• The need to put in place a development strategy which will promote the development of an attractive urban place for the developing community and
• The impact of proposed development on the existing visual amenities of the area.

The Draft LAP provides for the following:

Single storey development: Development at Rahillion will be restricted to single storey development.

2 Storey development: Development within the Turvey lands, the Transitional Character Areas at Ballymastone and at Corballis and the Hillside Character Area at Corballis will comprise mainly 2 Storey development. Within the Interface Character Area at Ballymastone new development will be restricted to a maximum height of 2 storeys where it immediately adjoins existing development.

3 storey development: Development will be located mainly within the Urban Quarter Character Areas at Corballis and Ballymastone adjoining the two proposed Boulevards.

4-5 storey residential blocks: 4-5 storey residential blocks will be the exception and not the rule. They will only be permitted at key locations within the Urban Quarter Character Areas at Ballymastone and Corballis to provide identifiable visual land marks for the different ‘places’ within the expanding town, for example at the 2 Local Service Areas and at key junctions along the distributor road.

Building two-storey developments across the Corballis lands would effectively result in large suburban housing estate extensions to the town and would not facilitate the development of an attractive urban place for the developing community at Donabate.

The visual impact of 2 storey development at Corballis as viewed from Malahide would not it is considered be significantly different to the visual impact of development as proposed in the recommended strategy, given the distant views involved.

The view of the Corballis Lands from Malahide is of lands rising from the estuary. The stark white gables of the houses at the Strand are clearly visible sitting on the primary ridgeline. Given the elevated nature of the Corballis lands east of the rail line, it is considered that any development including single storey built on these lands will be visible in distant views from Malahide.

As part of the LAP/SEA process a Landscape Baseline Study was prepared by Murray O’Laoire Architects and a number of alternative development options for these lands were considered with a view to maximising the ‘fit’ of development in the landscape at this location

It is considered that the optimum strategy is that proposed in the LAP. It provides for the higher buildings /denser development on the lower elevations and the lower buildings on the higher reaches of the site. The maximum ridge /roof heights at this location shall be limited to 26 metres OD which is below the ridge height of existing houses at ‘The Strand’. The form of development within the Hillside Character Area shall provide for stepped roof/ ridge heights reflecting the contours of the land at this location. No building will be permitted above the 20-metre contour line.

Other key elements included in the LAP, which will mitigate the visual impact of development on these lands, are:

Strategic Landscape Mitigation Measures [along the primary ridge and in the vicinity of the secondary ridgeline]: these will be in place before any housing is built. These will include strategic tree planting on the primary ridge to soften the visual impact of existing housing at the Strand and provide a visual backdrop to proposed development.

Form of development: pavilion style buildings, and seamless roof construction will be promoted.

External finishes: muted colours to be used.

Re. Density at Rahillion

The Draft LAP stated that the average net density of development on the Rahillion lands is likely to be circa 10 units per acre. This would result in 136 units being constructed at this location. The Managers report recommends that the maximum number of units at Rahillion shall be 150 units at an average net density of 11 per acre.

Re.Conservation Mandate

One of the elements of this motion states the following:

‘Prior to drawing up Masterplans, adopt, with consultation with the Department of the Environment, Birdwatch Ireland and other groups proposed by the Donabate and Portrane Community, a conservation mandate for the entire peninsula, whether lands are directly included in LAP land, SPA’s, Ramsar Sites or not, to include dunes, estuaries, forestry, marshlands, wild animals, birds and their habitats, which if not specifically protected will be under threat from development’.

This change can not be considered on the basis that it is not clear what is proposed by ‘a conservation mandate for the entire peninsula’ as ‘conservation mandate’ has no meaning in planning terms ,and the lands subject to the Draft LAP do not extend over the entire Donabate peninsula.

Re.Ecological Issues

Natura Environmental Consultants, were commissioned by Fingal County Council to conduct an ecological assessment. During this process, consultation took place with the National Parks & Wildlife Service, the Eastern Regional Fisheries Board, local naturalists and members of BirdWatch Ireland. The ecological assessment looked at:
•   The implications of development on the biodiversity value of the LAP lands;
•   Impacts on the nearby designated nature conservation areas, particularly Rogerstown and Malahide Estuaries, and
•   Impacts on surrounding features of ecological value on adjacent lands.

The recommendations of this Ecological Assessment have been fully incorporated within the draft LAP and SEA. In this regard particular reference is made to the following sections in the draft LAP as amended in the Managers Report:

Section 15 Public open space, landscape and recreational strategy;
Section 21.1 Measures to protect and enhance biodiversity;
Section 21.2 Future management of beach/ dunes.

New development will be required to use sustainable drainage systems (SUDS), which balance the impact of urban drainage through the achievement of control of run-off quantity and quality and enhancing amenity and habitat.

This issue of sustainable energy standards in buildings is addressed in motion 6.

The draft LAP has includes specific requirements relating to construction pollution under Section 25.0 and all planning applications /planning consent applications will have to demonstrate compliance with the provisions of the LAP in this regard.

Objectives relating to mature woodlands; mature trees and hedgerows and semi- natural grassland are included in section 21 of the Draft LAP as amended in the Managers Report and any future development proposals will have to comply with the provisions relating to same.

National Legislation including the Planning and Water Pollution Acts may be invoked as required to ensure the protection of water quality.

Re.Environmental Impact Assessment

Environmental Impact Assessment (EIA) is the detailed process carried out in respect of individual developments likely to have significant environmental impacts.

EIA requirements derive from EC Directive 85/337/EEC (as amended by Directive 97/11/EC) on the assessment of the effect of certain public and private projects on the environment. The Environmental Impact Statement is a document produced in the course of this process.

An EIA will be prepared for development on each of the three tracts of land at Corballis, Ballymastone and Turvey. The EIA for the Corballis and the Ballymastone lands will be prepared in tandem with the preparation of the Master Plans. The Master Plans must comply with the provisions of this LAP.

The distributor road is likely to be designed and built as one entire infrastructural project by Fingal County Council. This road will be subject to a statutory legal consent process and any requirements in relation to Environmental Impact Assessment will be fulfilled.

It is not appropriate/feasible to assess the plan at the detail required for an EIA at the LAP/SEA stage. The LAP/SEA assesses the environment at a strategic level, allowing a more thorough and guided assessment to follow at the EIA stage

Re. No development within 200m from the Broadmeadow or Rogerstown Estuaries

The ecological assessment undertaken by Natura Environmental Consultants recommended that serious consideration be given in the future to determining appropriate ecological buffer zones in respect of all lands adjoining the estuaries in order to protect their ecological value.

The Draft LAP provides for such an area on the lands immediately adjoining the south boundary of the Corballis lands [east of the rail line] and between the LAP lands and the estuary. These lands are reserved in the Draft LAP as Class1 Public Open Space, in accordance with the recommendations in the ecological assessment. The designated Class 1 public open space at Corballis will provide for passive recreational needs in a manner which protects the ecological sensitivities of this area and in particular to the use of these lands by wintering flocks of geese and waders as well as other birds. No buildings shall be constructed on these lands and no active recreational facilities [e.g. football pitches; golf courses] shall be developed.

The only residential development which will be located within 200 metres of either the Broadmeadow or the Rogerstown estuaries is the land west of the rail line at Corballis. Natura Environmental Consultants did not recommend that this area of land be maintained free of development.

A green corridor has also been proposed in the draft LAP along the south -western edge of the Corballis lands in proximity to the estuary.

Recommendation: Reject Motion
It is considered that the majority of the issues raised are already dealt with in the LAP and accompanying SEA. The issue of the strategic and limited use of building height to define and add character to particular locations are legitimate and considered in their particular locations to add interest and character to the emerging town. In these circumstances the motion is recommended for rejection.

FINGAL COUNTY COUNCIL

MONDAY, 12th JUNE, 2006

ITEM NO. 34

MOTIONS TO DONABATE LOCAL AREA PLAN

Motion No. 19

   Motion:   Councillor C. Daly
“Education
“To ensure that education facilities are accessible and safe for children to reach and to reduce the risk of hazards crossing the distributor road and noise from the railway, the County Manager will alter the LAP in the following ways by setting aside council owned land, obtaining land swaps or pursue compulsory purchase orders as necessary.
o   Relocate the Corballis Primary School away from the railway line and distributor road to a new location along or near the Balcarrick Road.
o   Locate a new Secondary School in Ballymastone on or near the Balcarrick Road to allow for sharing of facilities between schools.
o   Relocate the Ballymastone Primary School to a new location on the same side of the distributor road as the residential development.
o   Identify a location in for a Tertiary Education Institution of the same size as the proposed Secondary school.
o   Identify locations for the development of pre-school facilities in all four LAP areas.”

Report

This motion comprises a number of distinct elements. The proposed changes would fundamentally alter the development strategy as laid down in the Draft LAP. The effect of this motion if passed is to ‘de facto’ reject the draft LAP.

Re.School facilities:
A key element of the proposed development strategy as laid down in the LAP is the proposed ‘clustering’ of retail, service ,educational and recreational community facilities at accessible locations The rationale for this approach is to make these key facilities as accessible as possible for all modes of transport ,to promote multi purpose trips and thereby reduce car trips and car parking demands.

Primary schools: the two reserved sites for the primary schools are both located within easy within walking distance of the majority of future residents at Corballis and Ballymastone. They are both located adjacent to the Local Service Areas and the designated Class 1 public open space areas in their respective areas.

Primary school at Ballymastone: whichever side of the distributor road the primary school at Ballymastone is located, people will have to cross the distributor road to access it.

Section 11.0 of the Draft LAP deals with the distributor road and section 11.4 deals specifically with the design issues relating to this road. Detailed requirements are laid down in the draft LAP relating to the design of this road which travels through the Ballymastone lands .The objective is to create a safe, attractive low speed urban street within Ballymastone, which reduces the ‘barrier’ effect of this road within the developing community. The Square will be a traffic managed zone with an operational traffic speed of 30km/h. Appropriately designed pedestrian crossing facilities will be provided at locations including: The Square in Ballymastone and between The Square and Balcarrick Road to facilitate safe pedestrian and cycling crossing movements

The proposed location for the primary school at Ballymastone between the extended recreational facilities and the Local Service Area and civic square is considered to be the optimal location for the Primary School. The school will benefit greatly from having Class 1 public open space facilities immediately adjacent.

Primary school site at Corballis: The reserved primary school site at Corballis is located north of the distributor road adjoining the Local Service Area and opposite the designated Class 1 public open space. It is centrally located within easy walking distance of all residents in Corballis.The majority of residents living in Corballis will not have to cross the distributor road to access the school. Relocating the school close to the Balcarrick Road would make it less accessible to the majority of residents in Corballis, many of whom will live up to 1 km away from the school and would be unlikely to walk there.

To facilitate safe pedestrian and cycling crossing movements across the distributor road between the school and the public open space, signal controlled junctions incorporating pedestrian crossing facilities will be provided at the designated access points off the distributor road and in addition to these facilities a pedestrian /cycle connection will be provided under the road bridge linking the school and the Class 1 public open space.

It is prevalent in Dublin to have all types of development including residential located in very close proximity to rail lines.

The reserved Post Primary School site located on the south side of Balcarrick road is centrally located within the expanding town and within walking distance of the train station.

Pre school Facilities: provisions relating to Childcare Facilities are laid in section 17.4 of the Draft LAP. The policy of Fingal County Council is to ensure that childcare facilities are provided for as part of the overall development of the LAP lands in accordance with the Guidelines for Planning Authorities [June 2001].Purpose built childcare facilities shall be built as part of the proposed local service areas. The locations of additional childcare facilities shall be identified at Master Plan stage.

Tertiary facilities: As regards the provision of third level education in Fingal the sole reference in the Fingal Development Plan 2005-2011 is Objective Balbriggan 12 is as follows:
‘To promote and facilitate the establishment and development of a third level educational facility in Balbriggan.’

Under policy currently set out in the Development Plan any tertiary facility for North County Dublin would therefore likely be located in Balbriggan.

Recommendation : Reject Motion

FINGAL COUNTY COUNCIL

MONDAY, 12th JUNE, 2006

ITEM NO. 34

MOTIONS TO DONABATE LOCAL AREA PLAN

Motion No. 20

   Motion:   Councillor C. Daly
“Community Facilities
“In order to meet the needs of both the present and future generations of Donabate and to ensure the sustainability of existing and future communities the County Manager will adapt the LAP to include the following provisions by setting aside council owned land, obtaining land swaps or pursue compulsory purchase orders as necessary:
•   Relocate both the Corballis and Balcarrick commercial centres to Balcarrick Road so that the existing Donabate town centre can expand and link to new commercial areas.
•   Adopt a condition that no new houses in the LAP lands may be occupied until parking for the Donabate beachfront is provided for 200 cars with changing and toilet facilities, including disabled facilities at the Corballis Road with a protected pathway to the beach.
•   Treble the size of the Donabate cemetary.
•   Adopt a condition that no new houses in the LAP lands may be occupied until a detailed programme is drawn up with all involved Heritage groups for the restoration of St Patrick’s Church of Ireland and any other heritage structures in disrepair.
•   Identify a location with safe access for a youth facility, which will include a skateboard park, basketball courts and playgrounds for younger children.”

Report

This motion comprises a number of distinct elements. The motion proposes fundamental changes to the development strategy as laid down in the Draft LAP. The effect of this motion if passed is to ‘de facto’ reject the draft LAP.

Re. Relocation of proposed local service areas:
This motion seeks to relocate the LS Areas at Corballis and Ballymastone to the Balcarrick road.

A key element of the proposed development strategy as laid down in the LAP is the proposed ‘clustering’ of retail, service educational and recreational community facilities at accessible locations. The rationale for this approach is to promote multi purpose trips and thereby reduce car trips and car parking demands.

Two local service areas are reserved within the ‘Urban Quarter’ Character Areas at Ballymastone and at Corballis adjacent to proposed civic /public spaces, as well as reserved primary school sites and designated class 1 public open space areas.

They will be highly accessible for pedestrians and cyclists, as they are located within a 400 metres distance [circa 5 minutes walk] of most of the proposed residential units within their respective areas.

Vehicular access to both Local Service Areas will be via the proposed new distributor road.

The disadvantages of relocating the Local Service Areas’s to the Balcarrick road are as follows:

• All local services would be located entirely on the northern side of the Balcarrick Road. Given that the land south of this road is zoned ‘GB’ the development of a Local Services Area there would not be permitted, as it would constitute a material contravention of the provisions of the County Development Plan.

• Amalgamating both Local Service Areas to one location north of the Balcarrick Road would result in a significantly larger ‘green field’ development than currently proposed in the draft LAP, attracting a larger draw, providing a critical mass to compete with rather than compliment the development of the town centre and would likely reduce investment within the existing town centre. The existing town centre would be physically separated from the proposed amalgamated LSA by existing residential development and therefore would not ‘expand’ and ‘link’ to the new commercial areas. This proposal would undermine the primacy and vibrancy of the town centre and would be contrary to the provisions of the CDP.

• The LSA would no longer be centrally located within these two distinct development areas and would not be as accessible for pedestrians and cyclists living within the Corballis lands and Ballymastone lands, resulting in more people driving to the LSA. The Corballis lands would be bereft of any local services and the urban core/ heart would shift to the Balcarrick Road.

• The amalgamated LSA would be located immediately adjoining existing single and two storey residential development at St. Patrick’s Park, The Spires and The Links, resulting in significantly increased traffic movements and associated noise levels at this location, adversely impacting on existing residential amenities.

• Amalgamating both LSA’s to one large site on the Balcarrick Road would likely result in severe traffic congestion, particularly on the Balcarrik Road and consequently poor environmental quality for local residents.

Re.Donabate Beach

The Managers Report recommends that section 21.2 of LAP be replaced by the following:

The beaches and sand dunes in the general vicinity will be subject to increased recreational pressure as a result of the development of the LAP lands. Fingal County Council shall provide for the careful planning and management of these areas and shall formulate a management plan within 2 years of the adoption of the LAP. This management plan shall be developed and undertaken in consultation with the heritage section of the DEHLG and relevant national (BirdWatch Ireland) and relevant local interest groups. Any management plan for the habitats and species within and adjoining the Rogerstown and Malahide estuaries shall be in accordance with any existing or proposed management regime developed in accordance with the habitats directive/natural habitats regulations. The main focus of such a management plan will be on:
-Management of visitor access and pathways including the designation of areas for different levels of use;
-Management of future parking areas;
-Dune repair and restoration, using ecologically sensitive methods, where required.

Re. Cemetery size

The size of cemetery extension was determined following internal consultations with the Environment Department. The size of the cemetery is deemed adequate for the existing and projected population in the area.

Re. St. Patricks Church

St. Patrick’s Church of Ireland and the majority of other Protected Structures in the vicinity are in private ownership. The Conservation Office will continue to advise and assist owners with the repair and maintenance of these structures. However, it is currently not deemed necessary for a detailed restoration programme to be drawn up for these properties.

Re. Other recreational facilities

The Draft LAP provides for a significant increase in the amount of public open space facilities. The LAP designates 2 major new Class 1 areas at Corballis and at Ballymastone. These areas together with the Regional Park at Newbridge House will provide for extensive recreational amenities for existing and future residents in Donabate. The Donabate Portrane Community Club is a new, fully fitted out Sports and Recreation Centre, the equal of any such facility in the country, this facility continues to under-used. In order to keep it open, it therefore necessary for the Council to provide an annual subsidy in the region of €250,000, this facility is therefore available to both existing and future residents. A library and an all-weather pitch are planned as part of the school complex at Ballisk.

Recreational facilities including a skateboard park , tennis and basketball courts could be developed at appropriate locations within the designated Class 1 public open space at Ballymastone or within the Regional park at Newbridge House.

Recommendation:
Reject those parts of the motion relating to “Relocation of proposed local service areas”, and Amend the LAP Section 21.2 and replace that section with:

“The beaches and sand dunes in the general vicinity will be subject to increased recreational pressure as a result of the development of the LAP lands. Fingal County Council shall provide for the careful planning and management of these areas and shall formulate a management plan within 2 years of the adoption of the LAP. This management plan shall be developed and undertaken in consultation with the heritage section of the DEHLG and relevant nation (BirdWatch Ireland) and relevant local interest groups. Any management plan for the habitats and species within and adjoining the Rogerstown and Malahide estuaries shall be in accordance with any existing or proposed management regime developed in accordance with the habitats directive/natural habitats regulations. The main focus of such a management plan will be on:
-Management of visitor access and pathways including the designation go areas for different levels of use;
-Management of future parking areas;
-Dune repair and restoration, using ecologically sensitive methods, where required.

As those parts of the Motion relating to “Cemetary Size””, “St. Patrick’s Church and “Other Recreational Facilities” are judged to be either not necessary or being dealt with without a need for inclusion in the LAP, these Sections are not recommended.

FINGAL COUNTY COUNCIL

MONDAY, 12th JUNE, 2006

ITEM NO. 34

MOTIONS TO DONABATE LOCAL AREA PLAN

Motion No. 21

Motion: Councillor P. Coyle
“In order to ensure that the needed infrastructure will be provided and be seen to be provided in an integrated fashion, a Donabate Forum (in similar lines to the Dublin North City Fringe Forum) will be set up that will bring together:
a) all the service providers (including Dept. of Education, HSE, Gardai, Iarnród Eireann, Dublin Bus, ESB)
b) Council officials (including Planning, Transportation, Water Services & Parks staff)
c) Elected Members
d) Community representatives
and this Forum will monitor and control the provision of infrastructure for the area.”

Report:
It is appropriate that a Forum involving all relevant stakeholders be set up to monitor implementation of the Plan. In terms of the involvement of outside agencies the County Manager will invite all relevant agencies to participate.

Recommendation:
Adopt Motion in the following terms.

“In order to ensure that the needed infrastructure will be provided and be seen to be provided in an integrated fashion, a Donabate Forum (in similar lines to the Dublin North City Fringe Forum) will be set up and the following will be invited to participate:

a) all the service providers (including Dept. of Education, HSE, Gardai, Iarnród Eireann, Dublin Bus, ESB)

b) Council officials (including Planning, Transportation, Water Services & Parks staff)

c) Elected Members

d) Community representatives

and this Forum will monitor the provision of infrastructure for the area.”
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David Healy

Green Party / Comhaontas Glas, Howth / Beann Éadair – Malahide / Mullach Íde

Manager’s Reports in relation to motions on Donabate LAP