Board Direction _________________________________________________________________________ Ref: 29Z. ZD. 2005 The submissions on this file and the Inspector’s report (including appendices) were considered at a series of board meetings held on 13th, 22nd , 27th and 28th of March, 2012 and 4th, 18th and 23rd April, 2012. On 2nd May, 2012, An Bord Pleanála decided to APPROVE the making of the planning scheme based on the reasons and considerations under and subject to the modifications set out below. REASONS AND CONSIDERATIONS Having regard to:(a) the provisions of Part IX of the Planning and Development Act, 2000, (b) the Grangegorman Development Agency Act 2005, (c) Statutory Instrument No. 678 of 2010 - Planning and Development Act, 2000 (Strategic Development Zone) Order, 2010, (d) national and strategic policy as set out in the National Development Plan 2007-2013, Transport 21 and Smarter Travel 2009-2020, the National Spatial Strategy 2002-2020, and the Regional Planning Guidelines for the Greater Dublin Area, 2010 - 2022, (e) the provisions of the Dublin City Development Plan, 2011-2017, (f) the provisions of the Grangegorman GDA Strategic Plan, 2011, in particular, the masterplan; (g) the contents of the Environmental Report and Appropriate Screening Report and other accompanying documentation, (h) the Report of the City Manager and the changes made to the scheme by the members of Dublin City Council; (g) the existing pattern of development in the area, Assessment 1 (i) the submissions on file, and (j) the report of the Inspector, who conducted an oral hearing; the Board concluded that the draft planning scheme, with modification, would not be likely to have significant effects on the environment. It also concluded from a screening assessment that the planning scheme would not have significant effects on Natura 2000 sites, by itself or in combination with other plans or projects and so Stage 2 appropriate assessment is not necessary. Therefore, it is considered that, subject to the modifications set out below, the draft planning scheme complies with statutory requirements as set out under the Strategic Development Zone designation and provides for the comprehensive planning and development of the site. The draft planning scheme would, therefore, be in accordance with the proper planning and sustainable development of the area. MODIFICATIONS Chapter 2 Section 2.7 Transportation Context (Chapter 2 Page 15) Modification 1: Delete final paragraph. Reason for modification: It is not considered necessary to demonstrate that adequate transportation capacity is available to Grangegorman at the time of application for each planning consent, in a strategic development zone. Chapter 3 Section 3.3.2 Reaching Out: Linking to the Urban Context (Chapter 3 Page 9) Modification 2: Delete paragraph 3 and replace with: “High quality, prominent accesses are required on the eastern and western boundaries of the new Quarter, at Constitution Hill and Prussia Street. These accesses are necessary to ensure that the new Quarter integrates successfully into the existing community, to waymark the campus, to provide permeability through the site and to ease undue pressure on the existing circulation network in the area. These accesses are considered essential to the successful implementation of the planning scheme. The opening up of these accesses prior to the occupation of the facilities by the DIT students is a prerequisite of the planning scheme.” Reason for modification: It is considered that the provision of a high quality access to the SDZ lands from the west is essential to the integration 2 of the SDZ lands with the local community, as expressed in the Masterplan, to provide permeability through these lands and to reduce excessive pressure on the local network, in particular, Lower Grangegorman Road. Section 3.3.5 Adaptive Re-use: Celebrating Cultural and Historical Resources (Chapter 3 Page 10) Modification 3: Paragraph 2, Insert “in tandem with the development of new floor space.” after “urban quarter”. Reason for modification: To ensure that the renovation, restoration and reuse of protected structures will occur in a timely fashion. Section 3.4 Realising the Vision – Development of Key Structuring Principles (Chapter 3 Page 12) Column 1, “St. Brendan’s Way and Serpentine Walk”, Column 2, third paragraph, Modification 4: Delete the words “a potential” and add “the” before “access to Prussia Street.” Column 1, “Creating key connections between the site and surrounding district and marking the key entrances to the site as Gateways” (Chapter 3 Page 13) Modification 5: Delete the word “and” before Broadstone and add in “and Prussia Street” after Broadstone. Column 2, opposite Modification 6: Paragraph 2, at end of sentence, add in “, Broadstone and Prussia Street.” Modification 7: Paragraph 4, delete first sentence and revise second sentence to read: “The orientation of St. Brendan’s Way allows for connections and gateways at Broadstone, Prussia Street and Smithfield.” Figure 3.1, Key Structuring Principles which inform the overall urban form and layout (Chapter 3 Page 14) Modification 8: Add blue gateway circle at Prussia Street to diagram Reason for modifications 4-8: It is considered that the Broadstone and Prussia Street accesses are essential to the full development of the campus. Chapter 4 3 Section 4.1 Overview of development, Paragraph 3 (Chapter 4 Page 3) Modification 9: Revise second sentence “Therefore the delivery of a public route…process” to read “The delivery of public routes through the site, providing connections from North Circular Road, Broadstone and Prussia Street shall be in place to coincide with the occupation of the first tranche of DIT buildings to be delivered under the SDZ process”. Reason for modification: To ensure the timely delivery of the Broadstone and Prussia Street accesses. Modification 10: Paragraph 4, delete the words, “has” and “maximum”, from the third sentence. Reason for modification: To provide flexibility in the implementation of the planning scheme vis-à-vis public transport upgrades. Figure 4.1 Key Structuring Principles (Chapter 4 Page 4) Modification 11: Add blue gateway circle at Prussia Street to diagram. Modification 12: Revise Footnote 8 to read “The connections shown in Figure 4.1 are fixed elements of the planning scheme. However it is acknowledged that these involve third party lands.” Reason for modifications 11 and 12: It is considered that the Broadstone and Prussia Street accesses are essential to the full development of the campus. Section 4.4.3 Building Heights (General Building Heights) (Chapter 4 Page 16) Modification 13: Add new paragraph, after second paragraph, “The three proposed mid-rise buildings at Broadstone are considered to be particularly sensitive, having regard to their potential height, visibility across a wide area and proximity to protected structures at Broadstone and the Kings Inns at Constitution Hill. Therefore, although located on SDZ lands, these buildings shall be subject to the normal planning procedures, under section 34 of the Planning and Development Act, 2000, as amended.” Reason for modification: Having regard to the sensitivity of the location of these buildings and their prospective heights and the level of detail supplied in the Planning Scheme, it is considered that these proposed buildings should be assessed through the normal planning process. Figure 4.6 Minimum and Maximum permissible building heights (Chapter 4 Page 17) 4 Modification 14: Add to legend: 3. Where edge height restrictions are shown with coloured circles as above, the restriction shall apply to at least that portion of the building which extends seven metres back from the relevant building line. Modification 15: Add to legend: The three buildings at Broadstone, as outlined on the attached diagram with this order, shall be subject to the normal planning application procedures. Modification 16: Amend diagram so that the building plot to the west and south-west of Grangegorman Upper shall be reduced as necessary, so that there is a minimum set-back distance of 5 metres between the property boundary to the rear of the existing houses at Grangegorman Upper and the proposed building line. Modification 17: Amend diagram so that the building plot to the east of Saint Joseph’s Court shall be reduced as necessary, so that there is a minimum set-back distance of 3 metres between the property boundary to the rear of the existing houses at Saint Joseph’s Court and the proposed building line. Modification 18: Amend diagram so that the south-west end of the long narrow curved building plot to the north-west of ‘The Fields’ shall be separated from the adjoining property boundary by a minimum of 10 metres and the south-western quarter of the building plot shall be designated as having a maximum of 4-6 storeys in height as opposed to 6-8 storeys. Modification 19: Amend diagram so that the yellow dots shown on the plot marked 54.2, shall be continued along the entire length of the eastern block and around to the south. The maximum building height of the east end of the building plot located south of the proposed school and which adjoins Grangegorman Upper shall be limited to ensure that adequate sunlight can be achieved year round in the children’s playground to the north of this building. Therefore the height limit currently shown on the diagram shall be omitted. The lowering of the proposed building’s height will lessen the building’s impact on the setting of protected structures in the vicinity. Modification 20: Amend diagram so that the quadrangle to the south of the Lower House at the southern end of the site shall be set back from the existing building line of the Lower House (as defined by the southernmost elevations of the Protected Structure) so that the northern building line of the proposed new buildings shall not protrude beyond the line running from Fitzpatrick Place North and Morning Star Avenue. Modification 21: Amend the diagram so that the northern nib of the building south of the Clock Tower shall be deleted. 5 Modification 22: Amend diagram to show that the south-eastern corner of the building marked 41.7 shall be chamfered so as views to the western elevation of the laundry building are maintained. Reason for modifications 14-22: In the interest of clarity, to protect the amenities of existing residential and other property in the vicinity, to ensure a proper standard of development and to protect the character and settings of protected structures on the site. Modification 23: The modifications to Figure 4.6 above shall be incorporated into other Figures of the Planning Scheme, including those which show associated site sections, (Figures 4.13 to 4.19), as appropriate. The list of modifications shall include the following figures, in particular: 4.2, 4.3, 4.7, 4.12, 4.20, 6.9, A2a1, A2a2. Reason for modification: In the interest of clarity and in order to conform to the revisions made to Figure 4.6 as set out in Modifications 14 to 22. Section 4.4.4.1 Energy Use of Buildings (Chapter 4 Page 23) Modification 24: Add new paragraph “It is envisaged that a District Heating System, designed as part of the initial infrastructure package, will ultimately provide the heating and hot water requirements of the Grangegorman Urban Quarter.”, before “The centralised nature of the energy systems...” Reason for modification: In the interest of energy efficiency and clarity. Modification 25: Add new heading “Telecommunications Strategy” after Energy Use of Buildings. Under this new heading, add in the following text: “The telecommunications needs of the campus including ducting, cabling, antennae, dishes, etc. shall be incorporated into the design of the campus from the outset. A design-led approach will ensure the adequacy of the telecommunications infrastructure, without compromising the quality of the built environment, to minimise the visual impact of attachments to buildings.” Reason for modification: To ensure a high quality telecommunications infrastructure while protecting the visual amenities of the area. 6 Section 4.5.1 Description of St. Brendan’s Way (Chapter 4 Page 34) Modification 26: Paragraph 2, amend last sentence to read “It also provides for accesses through Broadstone, Constitution Hill and Prussia Street. This route forms the main east-west route, linking the campus to the local community and to the wider city. The early implementation of this route will be crucial for the campus in regard to permeability and integration, both in physical and social terms.” Reason for modification: It is considered that the Broadstone and Prussia Street accesses are essential to the full development of the campus. Section 4.5.6 Characteristics of the Quadrangles (Chapter 4 Page 42) Modification 27: Amend paragraph 5 to read “The western element of the quadrangle located directly behind Grangegorman Villas, if used for student accommodation, shall be designed so that no balconies are provided facing westwards and the area between the western façade of the western element and the rear boundaries of properties at Grangegorman Villas shall be suitably landscaped so as to give enhanced boundary treatment to protect the amenities of existing residential properties.” Reason for modification: In the interest of residential amenity. Section 4.6 External Connections and Internal Circulation (Chapter 4 Page 44) Modification 28: Amend Paragraph 1, last sentence, replace “and” with comma and add in “and Prussia Street.” Modification 29: Amend Paragraph 2, delete the last two sentences and replace with “The Planning Scheme provides for the creation of gateways through Broadstone and Prussia Street, facilitating the movement of pedestrians and cyclists from a westerly direction to the city centre and vice versa.” Figure 4.29 Pedestrian and Cyclist Access Routes (Chapter 4 Page 45) Modification 30: Replace yellow arrows at Broadstone and Prussia Street with solid blue arrows. Reason for modifications 28-30: It is considered that the Broadstone and Prussia Street accesses are essential to the full development of the campus. 7 Section 4.7.1 Land Use Zones and Quantum of Development, 2b Education related (Chapter 4 Page 48) Modification 31: Amend 2b (Education Related) zone in with the addition of the following words “centrally located” before “campus bar”. Reason for modification: In the interest of residential amenity. Section 4.7.1 Land Use Zones and Quantum of Development, 3 Mixed Uses (Chapter 4 Page 48) Modification 32: Add last sentence “The buildings for these uses shall be subject to normal planning procedures.” Reason for modification: Having regard to the sensitivity of the location of these buildings and their prospective heights and the level of detail supplied in the Planning Scheme, it is considered that these proposed buildings should be assessed through the normal planning process. Mixed Uses (Chapter 4 Page 51) Modification 33: Add last sentence to last paragraph “This zone is subject to normal planning procedures.” Reason for modification: In the interest of clarity. Section 4.8 Transport Infrastructure (Chapter 4 Page 57) Modification 34: Delete paragraphs 6 and 7, regarding the need for planning applications to demonstrate sufficient transportation capacity to be available and the right of the planning authority to refuse permission on traffic on the grounds of the adequacy of transportation infrastructure. Reason for modification: It is considered that it is not necessary to demonstrate adequate transportation capacity is available for Grangegorman at the time of application for each planning consent, in a strategic development zone. Section 4.9 Flexibility of Planning Scheme, Fixed Elements (Chapter 4 Page 58) Modification 35: Paragraph 2, delete from “While the connections…is to be permitted”. Reason for modification: To reinforce the fixed nature of the Broadstone and Prussia Street gateways. Section 4.9 Flexibility of Planning Scheme, Flexible Elements (Chapter 4 Page 58) 8 Modification 36: Add new sentence to end of first paragraph: “The eastwest connection of Grangegorman to the wider community is considered an essential element of the Planning Scheme”. Reason for modification: To reinforce the fixed nature of the Broadstone and Prussia Street gateways. Modification 37: Add new fifth paragraph: “However, given the particular location of the three proposed buildings west of Broadstone, in proximity to protected structures and their highly visible location, it is considered that the detailed design of these buildings should be subject to Section 34 of the Planning and Development Act 2000, i.e. normal planning application procedures.” Reason for modification: Having regard to the sensitivity of the location of these buildings and their prospective heights and the level of detail supplied in the Planning Scheme, it is considered that these proposed buildings should be assessed through the normal planning process. Modification 38: Amend last paragraph to delete “Similar to the Broadstone site discussed above” and the next sentence refer to “the wider community”, in place of “Prussia Street, Stoneybatter, Smithfield and the Broadstone site.” Reason for modification: To ensure the integration of Grangegorman campus in the wider community. Chapter 5 Section 5.4.1 Pedestrian, Cyclist and Public Transport Accessibility (Chapter 5 Page 18) Modification 39: Replace paragraph 3 to read as follows: “A pedestrian access route will be provided to the Blanchardstown QBC, which runs along Stoneybatter/Prussia Street, from access points on Prussia Street and North Circular Road. Pedestrian access to the existing Luas Red Line and the Quays will be provided via multiple access points on Grangegorman Lower and Morning Star Avenue.” Reason for modifications: It is considered that greater permeability from the west, via Prussia Street is essential. Section 5.4.1 Pedestrian, Cyclist and Public Transport Accessibility, Pedestrian and Cyclist Access Opportunities Modification 40: The three paragraphs under this heading shall be replaced with: 9 “The main gateway accesses are to be supplemented by additional pedestrian and cyclist accesses at North Circular Road, Fingal Place and other locations, as illustrated on Figure 5.17. These accesses will provide for north-south and east-west connectivity, to avail of public transportation services proximate to Grangegorman. The pedestrian accesses will also cater for cyclists and link with existing cycling routes on the North Circular Road, Prussia Street and Church Street, Constitution Hill and future cycle routes, as set out in the Dublin City Council Development Plan.” Reason for modification: To clarify the status of the accesses. Figure 5.17 (Chapter 5 Page 19) Modification 41: Replace orange arrows at Broadstone and Prussia Street, at proposed St. Brendan’s Way, with solid blue arrows. Reason for modification: To clarify the status of the accesses. Section 5.4.2 Vehicular Access (Chapter 5 Page 20) Modification 42: Add “The principal vehicular accesses are” to replace “Vehicular access is” in the first sentence of the paragraph. Modification 43: Add “and Prussia Street” to the fifth paragraph, after “Ivy Avenue” Reason for modifications 42 and 43: To clarify the status of the accesses. Section 5.5.1 Public Transport Interventions and Impacts (Chapter 5 Page 24) Modification 44: At *, delete “An optional” from footnote. Reason for modification: In the interest of clarity. Modification 45: Paragraph 6, Page 25, replace “will require further interventions” with “shall be supported by further interventions”. Reason for modification: In the interest of clarity. Chapter 7 Section 7.2.3 Heating (Chapter 7 Page 9) Modification 46: Paragraph 1, add new third sentence to read “An inground distribution network for this heating system will form part of the initial infrastructure applied for as part of the public realm application.” 10 Reason for modification: In the interest of orderly development and to minimise disruption to the public realm at a later date. Section 7.2.6 Telecoms/Cable Television (Chapter 7 Page 10) Modification 47: Paragraph 2, add new sentence to end of paragraph 2 “From the outset, the above ground telecommunications infrastructure will conform to a campus wide design approach, to ensure the quality of the built environment is not diminished.” Reason for modification: To ensure a high quality telecommunications infrastructure while protecting the visual amenities of the area. Figure 7.4 Structures to be demolished (Chapter 7 Page 12) Modification 48: Move the possible locations for materials reprocessing to nearer the edge of the playing fields. Reason for modification: To ensure that the maximum amount of area is available to be retained in use for the playing fields during the demolition/construction process. Chapter 8 Section 8.1.4 Summary of Phasing (Chapter 8 Page 3) Modification 49: Paragraph 1, new first sentence shall read “The phasing and ordering of development shall generally reflect the suite of packages as set out in the Grangegorman GDA Strategic Plan, 2011.” Reason for modification: In the interest of orderly development, to ensure a coherent approach to the phased delivery of various elements of the campus. Section 8.1.5.2 Transport (Chapter 8 Page 4) Modification 50: Delete paragraph 2. Reason for modification: It is considered that the scheme is generally acceptable in terms of the transportation provisions in Chapter 5 and this obviates the need for individual screening at each planning application in a strategic development zone. Section 8.1.5.3 Services Infrastructure (Chapter 8 Page 4) 11 Modification 51: Paragraph 1, add in “heating network” after “security” in last sentence. Reason for modification: In the interest of clarity. Modification 52: Paragraph 2, …“Notwithstanding the foregoing,” delete from “However...” to Table 8.1, Summary Phasing Table Step 2, Planning - Buildings Note (Chapter 8 page 4) Modification 53: Replace existing wording with “The GDA will work closely with DCC in regard to the development of the site.” Reason for modifications 52 and 53: Having regard to the general acceptability of the proposed development, it is not considered that such detailed scrutiny of each planning application is appropriate in a strategic development zone. Section 8.1.5.3 Services Infrastructure (Chapter 8 Page 4) Modification 54: Last paragraph, replace the last sentence to read “The inclusion of a distribution network for the district heating system, medium voltage power, telecommunications and other systems requiring underground ducting shall form part of the infrastructure planning application.” Reason for modification: To ensure that all basic infrastructure requirements have been dealt with at the earliest opportunity, in the interest of orderly development. Section 8.1.5.4 Public Realm (Chapter 8 Page 5) Modification 55: Paragraph 2, replace second sentence to read “The major elements to be developed initially shall be St. Brendan’s Way from Broadstone to Prussia Street on an east-west axis and linking north to the North Circular Road”. Reason for modification: It is considered that a western access point is critical to the development of the campus at the earliest opportunity. Section 8.2.3.2 Compounds (Chapter 8 Page 9) 12 Modification 56: Add new penultimate sentence, “The compound to the South shall be located to minimise interference with the playing fields and to ensure these fields remain usable during the construction period.” Figure 8.2 Anticipated location of compounds (Chapter 8 Page 9) Modification 57: Relocate orange circle in an easterly direction, near the edge of the playing fields. Reason for modifications 56 and 57: It is considered reasonable that the playing facilities should remain available during the construction period, which may be prolonged. Appendix Table A1.1 Planning Scheme Compliance Matrix (Chapter Appendix 1 Page 3) Modification 58: Quantum of development, Column 3, second sentence, delete from “and” to end of sentence. Modification 59: Phasing and delivery of infrastructure, Colum 3, delete second, third and fourth sentences. Add new sentence “The renovation, restoration and reuse of protected structures shall take place in tandem with the development of new floorspace.” Reason for modifications 58 and 59: Having regard to the general acceptability of the proposed development, it is not considered that such detailed scrutiny of each planning application is required. However, the timely renovation, restoration and reuse of protected structures is considered a priority. Modification 60: Project Design, Building Heights (4.4.3), Column 3, add new third sentence to read “The proposed taller buildings at Broadstone will be subject to normal planning application procedures.” Reason for modification: Having regard to the sensitivity of the location of these buildings and their prospective heights and the level of detail supplied in the Planning Scheme, it is considered that these proposed buildings should be assessed through the normal planning process. Notes in relation to Inspector’s Recomendations: The Board noted the Inspector’s concerns regarding access onto Prussia Street and included modifications to the draft Planning Scheme to ensure the early delivery of 13 a high quality entrance to the campus from the west, as the gateway envisaged in the masterplan of the Grangegorman GDA Strategic Plan, 2011. The Board was concerned that the delivery of floorspace on the campus would be unduly tied to the provision of public transportation schemes. While acknowledging that public transportation to the site needs to be improved, restrictions over and above those imposed in Chapter 5 were considered unnecessary, taking account of the central location of the campus and the level of accessibility to it,. The Inspector’s concerns in regard to the lack of detail in Chapter 8 on Phasing and Implementation were noted. However, the Board considered that implementation, as set out in the Grangegorman GDA Strategic Plan, 2011, provided clarity in regard to the building out of the site and modified the text of the draft Planning Scheme to reflect the contents of the Strategic Plan. The Board noted the Inspector’s recommendations regarding the role of the Community Liaison Committee, but considered that the role of this committee as set out in the draft Planning Scheme was acceptable. Please issue a copy of this direction with the Order. Board Member:_______________________ Mary Mac Mahon Date: 9th May, 2012 14
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