This blog is full of necessary bits needed by and of interest to planners. Contact me - brendan@buckplanning.ie - if you want to publish anything relevant to planning or if you need a planning consultant call 0404-66060 or 087-2615871

Thursday, 31 July 2008

Locals challenge Vicar Street plan

DEVELOPER HARRY Crosbie's proposal to build a no-star 194-bed hotel to the rear of Vicar Street music venue in Dublin's Liberties has been challenged by local residents.

The residents of Michael Mallin House on Vicar Street, Dublin 8 have appealed planning permission for the hotel to An Bord Pleanála saying there are a lot of older people living in the flats and it is upsetting for them "that they will be overlooked every day by the hotel guests".

Harry Crosbie was granted planning permission earlier this month to build an eight-storey hotel with 1,285sq m (13,832sq ft) of space. As well as 194 bedrooms, he is proposing to build a creative art studio.

The residents say they fear that the terraced area of the restaurant for smokers on the seventh floor will cause disturbance. They are concerned about the increase in traffic, given that there are 43 children living in two blocks of flats. They are also concerned about a potential increase in anti-social behaviour.

The Irish Times

www.buckplanning.ie

Bord's no to building in hospital car park

DEVELOPER NOEL Smyth's Wexele Ltd has lost its bid to build 80 apartments on a seafront car park at St Michael's Hospital on Crofton Road in Dún Laoghaire, Co Dublin.

An Bord Pleanála upheld a decision by Dún Laoghaire Rathdown County Council to refuse permission for the apartments and two shops on a surface car park to the rear of the hospital.

The planning board ruled that the development, which would have ranged from six to eight storeys and be located opposite Dún Laoghaire Harbour, "would constitute an overly dominant and oppressive appearance on the streetscape". It said the site is in a "sensitive and prominent position" on Crofton Road, "an area of diverse architectural styles" and its bulk, scale and massing "would result in overlooking and loss of privacy of adjoining properties".

It also said the loss of the car park would result in an underprovision of car-parking space in the area, as well as overlooking and loss of privacy to adjoining properties.

A concurrent planning application by Smyth's company to refurbish and extend the nurses' home on Eblana Avenue, beside the Sisters of Mercy convent, and turn it into 31 apartments is still under appeal with the board.

The Irish Times

www.buckplanning.ie

Wednesday, 30 July 2008

New thoughts on high-rises

THE DECISION by An Bord Pleanála to approve scaled-down plans by Arnotts for its ambitious "Northern Quarter" development brings into focus again the conflicting views on plans for tall buildings in Dublin.

On the one side, we have property developers with vaulting visions, gung-ho architects with notions of putting their names on landmarks and the city council management's vision of a high-rise future in its draft policy document, Maximising the City's Potential: A Strategy for Intensification and Height. On the other, we have a raft of decisions by the appeals board rejecting, or substantially reducing, random high-rise building proposals, together with an increasingly interventionist stance by the Department of the Environment's heritage division and a sceptical, even antagonistic, public apparently incapable of being persuaded that Dublin needs Manhattan-like clusters of tall buildings.

An Bord Pleanála has been marking the planners' cards on a fairly consistent basis over the past few years, citing all sorts of reasons for overturning the decisions they have made. But the main reason usually relates to the absence of any planning framework under which high-rise proposals could be justified, including the 16-storey tower initially proposed by Arnotts. The department's heritage division, after a long period of enforced silence under previous ministers, seems to have been given more leeway by John Gormley to intervene in the planning arena. It characterised developer Seán Dunne's scheme for the Jurys-Berkeley Court site in Dublin's Ballsbridge as "excessively high".

Despite all the bluster during the boom about going higher, Liberty Hall, which was completed more than 40 years ago, is still the tallest building in Dublin. An Bord Pleanála departed from the advice it received from the department and, more explicitly, from one of its own senior planning inspectors to grant permission for the redevelopment of the Clarence Hotel on Wellington Quay; it would appear that the board was dazzled by the Foster + Partners' design. The end-result, if it is realised, will have an enormous impact on the Liffey Quays. Now, the new owners of the Bank of Ireland headquarters on Baggot Street are hoping to win approval for plans to add two floors to what is already a bulky building in a highly sensitive context.

It is noteworthy - and very welcome - that Dublin City Council's planners are reviewing their draft policy document following the overwhelmingly negative reaction it received at a series of public consultation sessions in June. Michael Stubbs, assistant city manager in charge of the planning department, told The Irish Times that the draft would be substantially changed before it was presented to the council's planning and economic development committee in September, to reflect public opposition to random high-rise proposals and place more emphasis on achieving higher densities in the context of statutory local area plans (Laps). Indeed, in a democratic society, public representatives must be involved in framing all such plans - as they are in the case of Laps - instead of leaving crucial decisions to unelected officials.

The Irish Times

www.buckplanning.ie

Killarney town councillor faces ethics inquiry

AN ETHICS investigation into Killarney town councillor Donal Grady is under way, to be undertaken by the mayor of Killarney, as well as the town manager, according to a statement from Killarney Town Council.

The ethics investigation into Mr Grady, an independent councillor, was confirmed by the council last week after Mr Grady negotiated money from a developer in return for withdrawing a planning appeal he had lodged with An Bord Pleanála against the development of an office and retail park.

Mr Grady has insisted everything “is above board”, that he contacted the ethics registrar himself about the matter and that the €25,000 payment had been lodged with a solicitor for the benefit of local residents.

The developer, who has not denied the payment, had also paid €71,825 in development levies to Killarney Town Council as part of his planning conditions.

It was not expected that the investigation would be conducted by the mayor of Killarney Patrick O’Donoghue. Mr O’Donoghue, who was unanimously elected mayor last month, is currently facing criminal charges for alleged breaches of local government ethics legislation relating to a planning matter.

Mr Grady said last week he expected the matter would be referred to the Standards in Public Office Commission in Dublin.

However, a council spokesman said it was part of the duty of a mayor to carry out such an investigation and there was nothing in the legislation to prevent Mr O’Donoghue from conducting the inquiry.

Last May, Mr O’Donoghue, a Fianna Fáil town councillor and managing director of the Gleneagle Hotel Group, was sent forward for trial from Killarney District Court on two charges, both of which were brought under section 181 (4) of the Local Government Act 2001 and section 177 of the Ethics Acts 1995 and 2001.

The charges are that between January 1st and March 6th, 2006, at the Gleneagle Hotel, he influenced, or sought to influence, the decision of the council in respect of a motion to rezone land at the Gleneagle Hotel and that he failed to withdraw from the town council meeting on March 6th, 2006, when the motion was considered.

Mr O’Donoghue is contesting the charges. The matter has been adjourned to the Circuit Criminal Court on October 6th, when it is expected a date will be set for the trial.

Mr Grady was one of five councillors to sign the rezoning motion in 2006.

The statement issued yesterday said: “Killarney Town Council can confirm that the ethics investigation into Killarney town councillor Donal Grady has commenced . . . Once the investigation has been finalised, a report will be issued to the ethics registrar.”

The Irish Times

www.buckplanning.ie

Pipe section exempted from planning approval

THE DEPARTMENT of the Environment has granted permission to the Corrib gas developers to construct a key section of onshore pipeline without approval from An Bord Pleanála under the Strategic Infrastructure Act.

Shell EP Ireland and its consultants RPS had said earlier this summer that the entire onshore section would be submitted to An Bord Pleanála under the new fast-tracking legislation, apart from two estuary crossings which are regarded as "marine" and come under the Foreshore Act.

However, the Department of the Environment has confirmed that a high-pressure section at the Glengad landfall which runs under Dooncarton mountain, location of a 2003 landslide, and across a public beach used by locals and tourists is "exempted" from planning approval under the Planning and Development Act 2000.

This includes an area above the high water mark - the normal demarcation between foreshore and planning authority control - running up a low cliff to a proposed landvalve installation. The cliff face has already been broken into by the project's construction team.

It is understood that the statutory authorities have designated "onshore" as beginning from the land valve installation, designed to shut off or control the flow of unprocessed gas.

The Glengad landfall is within protected habitats under the EU habitats directive, encompassing a section which Minister for the Environment John Gormley ordered Shell consultants to restore last year due to damage to the special area of conservation (SAC).

The company intends to start laying the offshore section of the pipeline very shortly.

No review of enabling legislation for the landfall, awarded by former marine minister Frank Fahey in 2002, took place after the September 2003 landslide, when heavy rain washed 200,000 cubic metres of debris off Dooncarton mountain, destroying houses, roads and bridges and washing part of Pollathomas graveyard into the sea.

Erris community group Pobal Chill Chomáin is seeking a halt to the work pending a "rigorous geological survey and examination", as it says that serious local concerns remain regarding the de- stabilising effect that continuing works will have on the area.

Minister for Energy Eamon Ryan has been criticised for a failure to politically manage the project by former Rossport Five spokesman Dr Mark Garavan, and also by residents with whom Mr Ryan was in close contact with during his time in opposition - and who he met with during a private visit to the area last August.

Dr Garavan called yesterday on Mr Ryan to "start acting like a minister on the Corrib gas issue, stop hiding behind artificial legal constraints and demonstrate conviction and responsibility on this crucial issue".

Mr Ryan had "strongly and publicly supported the campaign of north Mayo residents to reconfigure the Corrib gas project to better protect their health and safety" while in opposition, Dr Garavan said. However, as Minister now responsible for the project, Mr Ryan had not responded to a recent compromise proposal for the refinery, or to a motion passed recently by the Green Party's national executive calling for an independent study into the best location for the refinery, Dr Garavan said.

As an opposition TD, in August 2005, Mr Ryan criticised the difficulty in obtaining information on aspects of the project. A spokeswoman for Mr Ryan said that all consents and processes, previous and upcoming, would be placed on the website with a dedicated e-mail address for information.

The Irish Times

www.buckplanning.ie

Landscaping dispute between brothers adjourned

A DISPUTE between one of the country’s biggest property developers and his brother over contouring and landscaping works at his home has been adjourned to allow an engineer for one of the parties to examine the works.

Michael O’Flynn, MD of O’Flynn Construction, has been taken to court by his brother, Laurence, who alleges that landscaping work at Michael O’Flynn’s house at Kilcrea, Ovens, Co Cork, is not in keeping with the planning permission.

Michael O’Flynn was granted planning permission for the two-storey nine-bay break-fronted house in a mid-19th century neo-classical style by Cork County Council. This was later appealed by Laurence O’Flynn’s wife, Eileen and son, Adrian, to An Bord Pleanála.

An Bord Pleanála granted planning permission but attached a number of conditions, including one that the entrance to the property should be constructed in accordance with the layout of a revised planning submission on a contour plan submitted on March 29th, 2004.

Yesterday at Cork Circuit Court, Judge Patrick Moran heard closing submissions in an application brought by Laurence and Eileen O’Flynn under section 160 of the Planning Act 2000 that the entrance and related landscaping works did not meet the planning permission.

Counsel for Laurence O’Flynn, Ciarán O’Loughlin SC, had told an earlier hearing that the avenue did not comply with the conditions set out by An Bord Pleanála in that it involved a much wider sweep around his client’s property than was sanctioned by the appeals board. Mr O’Loughlin said such a sweep for the avenue had led Michael O’Flynn to landscape the site in such a way as to raise up the contours of the site which was in breach of An Bord Pleanála’s conditions and which reduced their visual amenity.

However, David Sutton SC, for Michael O’Flynn and his wife, Joan, said the landscaping work was substantially in compliance with the conditions of planning and as such was carried out with planning permission.

Judge Moran, who twice visited the site earlier this month, noted that before the landscaping work was done, Laurence and Eileen O’Flynn had a view from their kitchen and living room of rolling fields but that view was no longer available to them due to the landscaping.

Mr Sutton said there was no such thing as a right to a view in planning law and he reiterated his belief that because the landscaping had been substantially in compliance with the planning conditions, it had planning permission.

Describing the case as one of the most upsetting civil matters he had come upon, Judge Moran adjourned the matter until October to allow an engineer for Laurence O’Flynn to examine the landscaping from Michael O’Flynn’s property.

The Irish Times

www.buckplanning.ie

Arnotts says €750m Dublin plan will 'definitely proceed'

DUBLIN'S PROPOSED "Northern Quarter" retail district, for which An Bord Pleanála has granted approval, "is definitely going to proceed" despite the credit crunch and the associated economic downtown, a spokesman for Arnotts said last night.

The department store, which is spearheading the €750 million development, welcomed yesterday's planning decision, saying it was "delighted" - even though the appeals board substantially reduced the scale of the scheme, including the omission of a 16-storey tower.

A spokesman for Arnotts' chairman, Richard Nesbitt, said the board's decision "brings certainty to the whole Northern Quarter" after a lengthy planning process that had gone on for more than two years.

The spokesman said Arnotts and HKR Architects, which designed the scheme - and then had to redesign it at An Bord Pleanála's request - would be working with Dublin City Council in coming months to deal with the various conditions - 26, in all - laid down by the board.

"They [Arnotts] are very positive about this project and there's no question of it not going ahead. It is definitely going to proceed," the spokesman said, adding that "Mr Nesbitt sees this a long-term play by Arnotts".

The company would now be "working out a timeline before making firm decisions" and, given that the proposed development would take at least four years to complete, "it will be interesting to see what the economic landscape will be like then".

The 5½-acre site incorporates a prominent part of the city centre bounded by Henry Street, O'Connell Street, Middle Abbey Street and Upper Liffey Street.

According to HKR, it would turn Dublin's north inner city into a "state-of-the-art prime retail location".

"HKR's design for the regeneration of the Northern Quarter will create a unique and lively shopping and entertainment hub in the heart of Dublin's city centre" that would include a four-star hotel, 47 new shops, 14 cafes and bars and 121 apartments.

Jerry Ryan, HKR's managing director, described the scheme as "one of the largest and most significant regeneration projects to be undertaken in Dublin's city centre" and said his firm was "looking forward to moving forward and realising this project".

With some 90,000sq m (968,752sq ft) of commercial space, including major extensions to both Arnotts and Penneys department stores, the Northern Quarter is intended to complement the Dublin central retail precinct planned for the Carlton and adjoining sites on O'Connell Street.

Arnotts granted planning permission for scaled-down Northern Quarter plan: page 5; Editorial comment: 13

The Irish Times

www.buckplanning.ie

Council has no congestion charge plans for Dublin city

DUBLIN CITY Council (DCC) has said it has "no proposals to introduce a pilot scheme of road pricing", as recommended by last week's report of the Oireachtas Committee on Transport.

The committee said its recommendations - including traffic restrictions and the banning of private cars from parts of the city centre - would be particularly necessary during building of the Metro North and the city's proposed new Luas lines.

The issue has become critical this week with the approval by Bord Pleanala of the €750million Northern Quarter retail district. Arnotts department store, which is spearheading the development, said it was "definitely going to proceed", which means additional traffic management implications for the city centre during its construction.

The Oireachtas Committee report said the city council should carry out a "feasibility study for congestion charging" in the city centre.

But it separately recommended Dublin City Council and other local authorities in the Greater Dublin area "to identify a suitable corridor for the introduction of a pilot road user charging scheme".

Yesterday, the Dublin Transportation Office (DTO) and the City Council appeared to back away from the proposal.

Both bodies said they were running traffic modelling based on likely scenarios, but a spokeswoman for the council repeated "there are no active proposals" to introduce a road pricing pilot programme.

Spokesman for the DTO Michael Ahern said that office's thinking was more geared towards the availability of parking spaces used by 67,000 commuters who park in the city centre every day. Ahern said it was clear that people were continuing to bring cars into the city because there were parking spaces. But given the demand for access to the city centre, it was "untenable that it can continue with current levels of car use," he said.

Minister for Transport Noel Dempsey said yesterday that the Oireachtas report was "a useful contribution to the overall debate on the future for traffic in Dublin".

The Irish Times

www.buckplanning.ie

A councillor's view on planning - detailed design controls for every site in Dublin?

Madam, - During our economic boom Dublin sprawled and saw valuable green spaces gobbled up by developers. Despite the fact that five areas in the city were earmarked for high-rise buildings under the current Development Plan, it is indeed remarkable that Liberty Hall remains the City's tallest building.

Having been a member of Dublin City Council for the last four years I am convinced that one of the major reasons for this problem is the built-in vagueness and uncertainty which has underpinned planning for many decades. The preparation of the next City Development Plan for 2011-2017 is currently under way. The first phase of public consultation will begin in February.

In my opinion a completely new approach is required. I believe that land use zonings and height and density rules should be drawn up on a site-specific basis with complete clarity. Everyone will then know what can be built and where. The city needs development on a planned and sustainable basis. Clear rules will reduce delay and uncertainty for developers and give the residents of the city confidence in the planning process. - Yours, etc,

Cllr OISÍN QUINN, Temple Villas, Rathmines, Dublin 6.

Irish Times

www.buckplanning.ie

Monday, 28 July 2008

Protection plan to be piloted at Tara

A NEW project to protect the landscape and improve planning decisions nationally is to be piloted in the Tara Skryne valley, Co Meath.

The project, which will be carried out by the Heritage Council in conjunction with Meath County Council, will develop a landscape management plan and designate a landscape conservation area.

Initial funding of €25,000 is being provided by the Heritage Council and the local authority. Further funding is expected from the Department of the Environment next year. The end cost is expected to be about €125,000.

The project will begin in the autumn and is expected to be completed in 18 to 24 months. It will examine current and potential land use and develop a plan for the area. The project will have community input and will be led by the county council.

Heritage Council chief executive Michael Starrett described the project as an important step towards the realisation of a national landscape strategy.

“Landscape management is about accommodating change and development. It provides a much more holistic approach than the current model, to planning how we manage and develop the landscape where we live. It enables local communities to play an essential role in managing their own area, and has been very successful when introduced in other European countries.”

He said the project was about finding a successful model that could be applied to special landscapes across the State and another pilot was planned for the Burren, details of which will be announced later in the year.

Separate studies published last year by the Heritage Council and Fáilte Ireland concluded there was an urgent need for clear guidelines on land use.

The studies also found that Ireland was the only country in western Europe that had not specifically legislated for managing landscape on a national level.

“With or without the new motorway,” said Mr Starrett, “the Tara Skryne landscape is very special and it deserves special attention to ensure that future decisions and changes are made using the best tools available.

The Irish Times

www.buckplanning.ie

Greystones Marina takes shape

THE FIRST visible sections of a new €300 million marina and housing development for the east coast have started to appear above water at Greystones in Co Wicklow.

Work on replacing the town's crumbling Victorian harbour got underway earlier this year - after more than 100 years of lobbying - with major submarine engineering to lay foundations for the development's north and south sea walls.

To be included in the development are a 230 berth marina, commercial units, leisure facilities, premises for five local clubs, a new coastguard station and - somewhat controversially - 341, mainly apartment homes.

The scheme involves the removal of the former north wall and east pier which were built between 1885 and 1887, and the laying of some 4,000 new concrete blocks - each weighing 28 tonnes. It will also involve the removal of the "Kish" the existing circular end to the east pier which was originally built as a base for the Kish lighthouse, but having been damaged, was moved into position in Greystones as a harbour defence in the mid 1960s.

According to contractor Sispar - a consortium involving John Sisk and Company and Park Developments - the appearance of the new sea walls above water is a significant step. The walls, which will be extended at the rate of 10, 28 tonne slabs a day over the next 15 months, will provide shelter from the Irish sea - a less than hospitable place for a large scale construction project - particularly in an easterly gale.

But it is not just the winter that can throw up difficulties: this is a construction site through which children from the local sailing club regularly navigate their dingies along a marked channel. At the same time a convoy of lorries delivers massive boulders through the town, down to the harbour and along a temporary causeway to a new north wall.

The scale and challenges of the project give rise to wonder at how the Victorians managed to build a harbour at Greystones in the first place. But in fact the Victorian harbour started to decay within years of its completion and By 1895 the north wall was in decay.

The Irish Times records the chief secretary for Ireland Augustine Birrell arrived in 1910 to view the harbour "which was represented to him by the local authorities as being in such a condition of dilapidation that a grant of State money was urgently necessary. . .".

The State money failed to materialise however and 98 years later it is a wonder the harbour lasted as long as it did. The design of the east pier caused waves to bounce upwards with huge sprays making for dramatic scenes frequently enjoyed by customers of the Beach House pub and restaurant overlooking the harbour.

In contrast the new walls are designed to break and absorb the waves on an outside slope. The design involves an outer barricade of concrete blocks with holes in them, called "antifers".

Long-time campaigner for the new harbour and local Fine Gael councillor Derek Mitchell said he has seen antifers in operation at the Bangor Marina in Co Down, and remarked that "waves hit it and appear to vanish into it".

Towns people at least have the consolation that, unusually, the public amenity elements will be provided before the private housing.

In the meantime a project website www.greystonesharbour.ie has been set up and will provide regular updates and photographs as the project progresses.

The Irish Times

www.buckplanning.ie

Government invests €40m to help Ireland meet its Kyoto targets

THE GOVERNMENT has invested almost €40 million to date in carbon-reduction projects that will help Ireland meet its Kyoto commitments.

The first annual report (for 2007) of the Carbon Fund discloses that a total of €38.8 million has been committed to three funds, which each invest in projects that lead to global reductions in greenhouse emissions.

The Carbon Fund is managed by the National Treasury Management Agency (NTMA).

The Government has committed total funding of €270 million to the fund to allow Ireland meet its Kyoto target of an average of 62.8 million tonnes of carbon dioxide equivalent each year between 2008 and 2012.

Ireland’s emissions in recent years have risen to over 71 million tonnes, some 8.4 million tonnes about the target.

In order to meet the targets, the Government has also committed to using flexible mechanisms. This commits the NTMA to buy 3.6 million tonnes of credits in each of the five years of the Kyoto treaty period.

The NTMA Carbon Fund report, published late last week, shows that the first tranche of investment was in the Multilateral Carbon Credit Fund. A joint venture of the European Bank for Reconstruction and Development and the European Investment Bank (EIB), it funds projects located in 27 countries in central and eastern Europe as well as 11 former Soviet republics in central Asia.

The second fund is a Carbon Fund for Europe, set up by the World Bank and the EIB. It will help fund large projects in developing countries. A total of €10 million has been committed to this fund. A further €8.8 million has been earmarked for the Bio Carbon Fund which supports projects promoting conservation, poverty-alleviation and biodiversity in China, India, Moldova, Panama and Kyrgyztan.

However, the price of carbon is currently about €26 a tonne. If it continues to rise, the €270 million allotted to the fund may be insufficient to pay for the 16 million tonnes the Government is currently committed to purchase.

The Irish Times

www.buckplanning.ie

'Northern Quarter' gets the green light from the Board

An Bord Pleanála has today given the go-ahead for a major redevelopment by Arnotts in Dublin city centre.

The company is planning a €750 million redevelopment of a 5.5-acre block bordered by Henry Street, Middle Abbey Street, Liffey Street and O'Connell Street into a new shopping, entertainment and residential zone, called "Northern Quarter".

An Bord Pleanála gave the green light subject to 26 conditions, including the preservation of several protected buildings in the area.

An Post, An Taisce and the Rail Procurement Agency were among the parties that had appealed planning permission for the scheme, which was granted by Dublin City Council last summer.

Among the conditions laid down, an Bord Pleanála has ruled that the developer has to provide for 24-hour public access to all of the proposed new public streets and spaces, including Abbey Square.

The board also said there must also be a year-round festival ticket office at ground-floor level, appropriate childcare facilities, and an archaeological appraisal of the site.

An independent road safety audit must be done, and a parking-management plan prepared and agreed with the planning authority, the board stipulated.

Details of shopfront design - including any associated signage, lettering, lighting or security screens - is subject to a further application for planning permission.

An Arnotts spokesman said: “We are delighted with the news. It gives certainty to the very ambitious Northern Quarter project. We will work with the city council to deal with the various conditions An Bord Pleanála has made.”

The retailer refused to comment on a previous announcement that 580 of its 950 staff will be let go when the store moves temporarily to Jervis Street Shopping Centre, which is one-third the size of Henry Street site.

Boyers on North Earl Street will also be converted to an Arnotts furniture and home store.

“The news has come a bit faster than expected, so Arnotts will now sit down to assess the detail of what will happen next,” the spokesman added. “Over the next few weeks, management will also work to bring clarity to the workers.”

Linda Tanham, an official with trade union Mandate, which represents most Arnotts’ workers, said staff are still unsure as to what will happen next. “We are expecting to meet with management this week to get an update on a timescale for trading and intended job losses,” she added.

When completed, the Northern Quarter – bordered by the Middle Abbey Street, Henry Street, and Liffey Street - is expected to employ over 5,000 people, with one-fifth of those working in the new Arnotts store.

It is envisaged one of the main features will be the re-creation of Prince’s Street as an urban street and pedestrian thoroughfare with a new public square at its centre.

Welcoming the decision, Jerry Ryan, managing director of HKR Architects, said: “This is one of the largest and most significant regeneration projects to be undertaken in Dublin’s city centre and is an exciting and challenging project for HKR.“

Gina Quin, chief executive of Dublin Chamber of Commerce, said the massive redevelopment will reinvigorate the heart of Dublin city centre.

“Not only will it have a significant impact on the city’s retail variety and range of offerings, but this development will also help to transform the Henry Street area into a vibrant residential, leisure and entertainment hub,” she said.

“The Northern Quarter will offer residents, shoppers and tourists a wide range of activities in the evenings and will play an important part in the transformation of Dublin’s city centre into that of a world class city with a quality of life that is second to none.”

The Construction Industry Federation said the scheme will make a huge contribution to the sector.

“There are a number of large scale projects in the pipeline or which have already begun and the Arnotts redevelopment is a huge construction opportunity, particularly for those in commercial construction,” a said spokesman.

In April, an Bord Pleanála had rejected several aspects of the development, which is planned for the site of the department store in Dublin - including a proposed 16-storey tower.

The board told Arnotts to cut the height of the tower by nine storeys and ensure that no other building in the development was higher than seven.

In its letter to Arnotts, the board said then the development would be "unduly obtrusive on the skyline" and would "seriously detract from the balance and architectural coherence of these streets".

Irish Times

www.buckplanning.ie

Sunday, 27 July 2008

Planning issue over Wicklow airport

PROCEEDINGS have been issued against the operator of a small private airfield in Co Wicklow over fears he is covertly transforming it into a commercial base for private jets.

John Nugent, the leaseholder of Newcastle Aerodrome – which is typically home to light aircraft – has denied the claims but refused to rule out the future possibility of higher grade aircraft landing at the facility.

"Everyone thinks there is going to be a huge international airport but come on; it's a bog in the middle of Wicklow," he told the Sunday Tribune.

However, if he fails to adhere to a warning letter sent from planning officials he could face two years in prison and a fine of up to €12.7m.

Nugent has put the complaints down to the meddling of "two or three individuals" but they were enough for Wicklow County Council to launch an onsite investigation and, finally, a warning notice last week.

The notice relates to the alleged "change of use of private airfield to commercial use without the benefit of planning permission."

"First of all it will be just flying lessons and then it will be private jets and such," said councillor Derek Mitchell, "and people don't want that."

He added: "Just like Weston (airport), it used to be a little bit commercial but then they laid down tarmac and now there are jets. It was small and amateur 30 years ago, now people pay to run private jets."

According to Nugent there are around 30 light aircraft and up to 65 members at Newcastle.

But responding to "quite a few" public complaints since he took over the lease three months ago, Wicklow County Council sent inspectors to the aerodrome. They found a number of concerns.

These included the change of use of an agricultural shed to an aircraft hangar, the provision of car parking, an onsite museum, the erection of fencing, advertising, the construction or alteration of aprons and airside roadways for aircraft and even a small refreshment area where pilots can drink tea.

The council has now officially notified Nugent of those aspects and he has four weeks in which to respond with details of what he intends to do to rectify the situation.

Failing that, the council will issue an enforcement notice obliging him to amend the issues before legal proceedings are initiated as a last resort.

A council source told the Sunday Tribune that Nugent's actions on the airfield were akin to using a house as a hotel.

Nugent then said that trying to operate a commercial airport in the Newcastle Aero­­drome was akin to hosting the Irish Open golf tournament on a pitch and putt course.

"There is absolutely nothing going on," he said.

"We have airplane activity and there are two or three residents trying to stir it. But it's a storm in a tea cup."

Nugent insists the fencing is to keep cows off the runway and, as an Irish man, he likes to offer his pilots a cup of tea when they land.

"I am chasing a dream here; this is not about a commercial operation."

Sunday Tribune

www.buckplanning.ie

The Clarence Hotel revamp will cost city dear

Saint Bono and The Edge have been granted permission to knock the Clarence hotel and the adjacent 18th-century buildings on the quays in Dublin into the middle of the 21st century -- for no better reason, it seems to the outside observer, than the fact that the Clarence hotel, which they own, is losing money. And the pair may be canonised philanthropists saving the world and giving away trillions at the drop of a hat ... (What? They're not? They even moved their tax operations abroad so they could cock a snook at the rest of us idiot Irish taxpayers? Oops.)

The Edge told the planning appeal that the only way the Clarence could make money was for them to be allowed to raze it to the ground, along with the nearly 300 years of history the adjacent buildings represent. And they won. Nobody even suggested that they should employ people to run the hotel in a way that it could make money rather than lose it. Or even accept that they'd made a bad investment, and put up with the loss. After all, even they shouldn't be able to trample over lesser people in order to make money. Or should they?

As it happens, I don't think the Clarence facade or interior would be much of a loss to Dublin. Art Deco architecture and decor are quite stunning when they're good: lofty, simple, elegant and welcoming; cool and sophisticated but never austere. And the Clarence was never any of those: before its U2 facelift it was bleak and dreary. Post facelift, it was cold and characterless, its public rooms disproportionately high with no sense of comfort or intimacy. In other words, it was, and is, bad design of its type.

The other buildings they have been given permission to demolish, however, are quite another pile of bricks. Like most of the Georgian architecture of Dublin that has survived the vandalism of money-grabbing development, they are fit for purpose, elegant, and a testament to their environment. They may well need some money spent on them, but it would be very well spent: properly and sensitively restored, they'd survive triumphantly for another 300 years, part of the fabric of Dublin in its heyday as the "second city of the Empire", as used to be proudly said.

And while knocking the Clarence might be no great loss, replacing it with something even more alien to the 18th-century quayside street- scape would be appalling. Indeed, it will be appalling, because Bono and The Edge have permission for a development that is totally alien, however good it may be objectively. The uniformity of the quays will be gone, which is one of the hallmarks of 18th-Century thinking.

Right opposite the proposed Clarence, on Ormond Quay on the north side of the river, there is a gem of Georgian restoration which proves it can be done if there is will and sensitivity. It is a private house, known simply as Number 10, but can be hired for parties. In other words, it is run as a business. The owner has restored it meticulously and lovingly, and you walk into "a gentleman's residence of the 1780s". The furnishings and art are unsurpassed in Dublin, and although there is electricity, nothing breaks the atmosphere.

When the current owner bought it, the house was in serious disrepair, far worse repair than the buildings Bono and The Edge are to be allowed to demolish. Now Number 10 is one of the gems of Dublin.

Why am I writing this? Just to show that it can be done: you don't have to tear down buildings to make progress, or indeed to make money, as The Edge's comments to the Planning Appeals hearing would seem to suggest.

On a much smaller scale, my neighbours and I were involved in a planning objection recently. We live in a nest of small-scale Victorian terraces, and there was a planning application for "a six- storey mixed use development" on a corner that would literally cast us into shadow. We won. (Sometimes the little people do win.)

Maybe there's a glimmer of hope.

- EMER O'KELLY

Renewed bid to build on Shrewsbury Rd

Niall O’Farrell, the businessman behind Black Tie, has renewed his bid to build two new houses on exclusive Shrewsbury Road in Dublin 4, writes Dick O’Brien.

O’Farrell has submitted a new planning application to Dublin City Council, seeking permission to demolish an existing two-storey house on the 0.12 hectare site at 28 Shrewsbury Road and build two semi-detached houses in its place.

O’Farrell, who lives in another house on Shrewsbury Road, bought the property in 2005 for €7.5 million.

Dublin City Council rejected an earlier planning application for the site in August 2006, saying any demolition would be contrary to the objectives of the Dublin City Development Plan.

The new application seeks permission for two three-storey over-basement houses with a gross floor area of 1,088 square metres. O’Farrell has applied for a social housing exemption certificate on the site.

Sunday Business Post

www.buckplanning.ie

Saturday, 26 July 2008

Pipeline protests switch to beach site

JUST two days after 12 protesters were arrested at the Corrib gas pipeline in Bellanaboy, Co Mayo, further clashes occurred yesterday between protesters and security at the site.

At 8am yesterday morning, up to 70 Shell security personnel and a further 40 gardai forced around 60 protesters off the public Glengad beach and a number of scuffles ensued.

Shell E&P Ireland are undertaking preparatory work at this site for the laying of the off-shore pipeline. It is also the site where the pipeline will start inland.

PJ Moran of Pobal Chill Chomain, an anti-pipeline group, said the protest won't stop.

"We will be back every day until Minister Ryan puts a stop to this," he said.

Shell maintains they have all the necessary permits and consents to erect the fences.

COLIN BARTLEY

www.buckplanning.ie

Cost worry means no decision on Metro until 2009

A DECISION on whether the planned Metro North for Dublin will go ahead is unlikely to be made until early next year, it emerged last night.

The Government has indicated it would not approve the light-rail system until the final cost of building the 17km line was known, despite the Railway Procurement Agency (RPA) having already spent €33m on the project.

The company which wins the contract to design, build and operate the system will not be announced until November, after which it will negotiate with the RPA over a final price. This process could run into early 2009, sources said last night.

And any delay to the project could have serious knock-on effects. The Ballymun Regeneration Scheme, expansion of Dublin Airport, development of a new town of 100,000 people in Swords and retail outlets, like Ikea, are all relying on the train route, and if it is put on the long finger it could have a "damaging impact on Ireland Inc", industry sources said last night.

Yesterday, Taoiseach Brian Cowen refused to say if the project, announced with great fanfare in 2006 under the Government's Transport 21 programme, would go ahead.

Proceed

Speaking in Tullamore, he said that major projects had to be "considered and approved at the relevant time on the basis of the fullest possible information available", adding: "There's no suggestion that we made a decision not to proceed with the Metro North."

Metro North will run from St Stephen's Green to Lissenhall, north of Swords, via Dublin Airport, and is expected to cost at least €3bn. Planning permission will be sought in September, and work is due to begin in 2009 with a four-year timetable.

The Department of Transport confirmed at least two cost-benefit analyses had been carried out, one by the RPA and a second by the Department of Finance.

The RPA said it had spent €33m on design, ground investigations, utility mapping and preparing an Environmental Impact Statement, and that the economic case for Metro "greatly exceeded" its costs.

Last night, opposition parties called on the Government to "come clean" on the future of the Metro project, with Fine Gael Transport spokesman Fergus O'Dowd saying there was a "lack of co-ordination" between the departments of finance and transport.

"Up until yesterday, it was assumed Metro North was going ahead, as indicated repeatedly by the transport minister. But now the finance minister is throwing doubt over a number of major infrastructural projects by saying they will only go ahead if it can be proved they will deliver value for money.

"Thousands of commuters and new jobs depend on the planned Metro project and they need clarification on whether or not it will go ahead," he said.

Paul Melia

www.buckplanning.ie

Ballsbridge tower would benefit city, says council official

THE DEVELOPMENT of a 15-storey tower block in Ballsbridge would increase Dublin’s competitive edge economically, culturally and socially, a city planner has said.

Mary Conway, acting deputy planning officer with Dublin City Council, told an An Bord Pleanála hearing that the proposed tower is of “exceptional architectural and urban design quality”.

“It is considered that the overall design strategy will help create a high-quality environment that will prove attractive for living, work and leisure,” she said.

The proposed development has been strongly criticised in the Ballsbridge area, with objections from 24 residents groups on grounds of its height, architecture and potential environmental impact. Ms Conway said the application was “compliant” with the Dublin City Development Plan.

“The heights would not differ significantly to that already in the area and therefore would not have a detrimental or negative impact on architectural character or visual amenities of the area,” she said.

The tower, which would be located on the former site of the UCD Veterinary College, is being proposed by Ray Grehan of Glenkerrin Homes, which paid more than €171 million for the 0.825 hectare plot three years ago.

Plans for the 52-metre building, which would be named Number 1 Ballsbridge, include 109 apartments, 20,000sq m of office space, a number of retail units and a cultural centre.

The site is adjacent to the Jurys/Berkeley Court hotel site which is owned by property developer Seán Dunne, who is planning a €1 billion high-rise development.

When questioned by planning inspector Tom Rabbette as to why a new plan had not been devised, Ms Conway said councillors seemed to have been swayed by public opinion in their decision and did not seek amendments to the proposal.

“There was a groundswell of local opinion against the plan . . . the councillors went with that,” Ms Conway said.

“I believe there was no desire to compromise, the councillors were not prepared to work with us.”

The hearing is expected to conclude today.

The Irish Times

www.buckplanning.ie

New housing bill to aid low income earners

Social welfare recipients and low income earners seeking to buy new houses could be given up to 60 per cent of the value of the property by the exchequer under the new Housing Bill published today by Minister for the Environment John Gormley.

The bill introduces a range of measures designed to encourage more people to buy houses and to improve the management of social housing by local authorities. However the long-awaited legislation to allow tenants to purchase their local authority flats has not been included in the bill.

The new Incremental Purchase Scheme will allow people who qualify for social housing and cannot afford to buy under the affordable housing scheme to get on the property ladder. Qualifying applicants will take out a mortgage for a percentage of the purchase price (likely to be around 40 per cent, although the terms have yet to be finalised) to buy a house from a local authority or voluntary housing body. The remaining stake in the house is gradually released to the buyer over the period of their mortgage.

Unlike the existing shared ownership scheme, which was also aimed at buyers who could not afford affordable housing, buyers pay no rent or any other charge to the council and are entitled to full ownership of the house on purchase of their share of the equity. The scheme will only apply to new-build houses offered through local authorities or voluntary and cooperative bodies.

Minister of State for Housing Michel Finneran said there had been a very poor take up of the shared ownership scheme.

“People obviously were’t particularly happy with the shared ownership scheme. We believe that this scheme will be more attractive and will give them an opportunity to get on the property ladder at a very early stage.”

It will also provide more money for social housing to be built, as people who would ordinarily be renting for extended periods will be providing fund to local authorities through their purchases.

However, because it applies to new houses only, the scheme will not be available to the thousands of local authority flat tenants, who, according to Dublin City Council, want to buy their homes.

A tenant-purchase scheme for flats was introduced by Dublin Corporation, now Dublin City Council, in 1988, but collapsed because of a lack of legislation to deal with issues such as the ownership and maintenance of common areas, such as stairwells and gardens, and the protection of residents who chose not to buy and remain tenants.

The council made several detailed proposals to the Department of the Environment for a sale of flats scheme and in January of last year the department said the legislation was being drafted. Last October the then housing minister Batt O’Keeffe said the legislation had been delayed because of legal issues raised by the Attorney General. Until recent weeks city councillors had expected the scheme would be included in the Housing Bill.

Mr Gormley said he regretted the sale of flats was not in the bill, but said legal issues such as building management and transfer of title could not be resolved in time for publication.

The bill offers some relief for owners of affordable housing who need to change mortgage terms. Previously any mortgage change, such as re-financing, triggered a “claw-back” requiring the owner to repay the discount received on their purchase. This anomaly has been removed, however families who have outgrown their affordable home still cannot up-size without triggering the claw-back.

The bill would give local authorities more powers to deal with housing issues such as anti-social behaviour, which was making people’s lives “unbearable” Mr Gormley said.

“I’ve been accused in the last few weeks of taking powers away from local authorities, what we’re doing here is empowering the councillors to draw up their own charter and decide how they proceed.”

Local authorities will be required to devise housing plans which comply with ministerial regulations and guidelines and national policies, rather than using individual systems developed by council’s on an “ad hoc” basis, Mr Gormley said.

Irishtimes.com

www.buckplanning.ie

Office plan 'beggars belief' for residential amenity area

THE OFFICE element of a 15- storey tower proposed for Ballsbridge amounts to 15 per cent of the total office space completed in Dublin last year, a Bord Pleanála hearing heard yesterday.

Plans for the building, on the site of the former UCD veterinary college, include a 15-storey tower, apartments, office blocks, shops and cultural centres.

The scheme put forward by developer Ray Grehan's Kintene Ltd was approved by Dublin City Council in February. Mr Grehan paid more than €171 million for the 0.825 hectare site three years ago.

However, at a Bord Pleanála appeals hearing yesterday, barrister Colm Mac Eochaidh said it "beggars belief" that the developer should seek such a level of office space in an area which was zoned for the improvement of residential amenity.

Mr Mac Eochaidh said the issue raised the question of whether the entire development should be considered a material contravention of the city development plan - a move which would mean permission would have to have been granted by Dublin elected councillors, rather than the authority's planning staff.

Mr Mac Eochaidh said he believed the council's planning staff were "in a huff" because the elected councillors failed to adopt a local area plan for Ballsbridge which would have opened the way for high-rise development on the veterinary college site, as well as the D4 Hotels site, formerly Jurys and the Berkeley Court, next door.

He said the issue of planning permission for the veterinary college site and the hotels site represented "the local area plan by the back door" and said the elected members of Dublin City Council were very angry about this.

However, planning consultant Colin McGill, for the developers, insisted the planning application "did not seek to take advantage of the abandoned local area plan". He said the application had been grounded in what was proper planning and sustainable development.

Mr McGill said the 15 per cent figure related only to office space which had been completed in Dublin in 2007 - not that which was under construction or that which was already developed.

The Irish Times

www.buckplanning.ie

Thursday, 24 July 2008

Council rejects claims of rural planning ‘obstacles’

A CLAIM that “every obstacle” is being put in the way of people wishing to build houses in rural Kerry has been rejected by senior county council officials.


Fianna Fáil Councillor Dan Kiely said many people are finding it virtually impossible to get planning in the county and asked if the council has adopted a new policy to stop rural development.

Other councillors claimed many young couples are finding it increasingly difficult to get planning, even on family-owned land.


Kerry North Fine Gael TD Jimmy Deenihan said there was growing unrest because of the tough stance being taken by the council on percolation — the inadequate drainage of waste water from septic tanks.

But senior planning engineers said it is necessary to reduce pollution of rivers, lakes and groundwater caused by seepage from septic tanks and agricultural sources.

They said effluent contamination was a serious matter and, with new regulations from the EU and the EPA coming into force this year, the situation is being monitored more closely.

Fine Gael Councillor Johnny O’Connor, who claimed there was a refusal rate of over 50% in the Ring of Kerry area, said many people are angry about inconsistencies in planning decisions, noting that while some are turned down for planning, others a short distance away receive it.

More than 60% of planning applications are granted and county manager Tom Curran said there is no shortage of applications that end in favourable decisions.

He said there are no statistics to support claims that every obstacle is being put in the way of people seeking planning in rural areas.

Fianna Fáil Councillor John Brassil said his party will be putting forward a submission to the County Development Plan, asking applicants to select one councillor to act on their behalf if problems arise.

Irish Examiner

www.buckplanning.ie

Billionaire objects to plan for Ballsbridge 'spike'

BILLIONAIRE businessman Dermot Desmond has accused a developer planning to build a 15-storey office block in Dublin 4 of being solely concerned with the "maximisation of profit".

In a submission to a planning hearing yesterday, Mr Desmond claimed that developers were "dictating" planning decisions and that a high-rise office block proposed on the former home of the UCD School of Veterinary was nothing more than an "incongruous spike".

The claims were made on the opening day of An Bord Pleanala hearing which will decide if developer Ray Grehan can build 109 apartments, 20,000 square metres of office space, retail units and a cultural centre in Dublin 4, which will be named Number One Ballsbridge.

The proceedings will be keenly watched by developer Sean Dunne, who proposes building a €1bn mixed-use development -- including a 37-storey skyscraper -- on the Jury's Berkerley Court site which adjoins Mr Grehan's two-acre holding.

Site

Mr Grehan bought the site for €171.5m two years ago, and his proposals have been approved by Dublin City Council.

He says that Ballsbridge is home to numerous office blocks, including Lansdowne House and Hume House, which are nine-storeys tall.

But 24 residents groups and individuals have objected to the scheme. Another seven, including Dermot Desmond, have made observations which allows them to address the public hearing but not to cross-examine witnesses. They claim planning rules were ignored when permission was granted and that the proposed buildings, which range from nine to 15 storeys, are too high and that Mr Grehan's and Mr Dunne's proposals should be treated as one planning application because they are on adjoining sites.

In a submission, Mr Desmond says that the character of Ballsbridge is residential, and there is "no justification" for "inappropriate" developments.

"While there appears to be a trend for developers now to propose very tall buildings on an extensive scale, the justification for this appears to be the maximisation of profit," he says.

"I have a real concern that the developer rather than the planning authority...is dictating the planning process and the real motivation appears to be the maximising of site value rather than the proper planning and sustainable development of the area."

Colm MacEochaidh BL, representing 17 groups and individuals, also said the Board should ask the High Court to rule if it was entitled to decide the application, given the fact that the zoning for the site did not allow for the development proposed.

Senior Inspector Tom Rabbette will recommend whether the scheme should be approved when he submits his report after the hearing ends next week. He will also decide on Mr Dunne's application for the Jury's Berkerley Court site.

Paul Melia

www.buckplanning.ie

Award for Killiney house

A HOUSE in Killiney designed by O'Donnell and Tuomey Architects, and a bridge at the University of Limerick by Wilkinson Eyre Architects, each won RIBA European Awards this year. They are the two Irish projects to do so.

The Sleeping Giant house in Killiney, Co Dublin has already won awards in Ireland. RIBA (Royal Institute of British Architects) said the organically formed house on a spectacular site overlooking the sea introduced "to a domestic context a contemporary aesthetic more common in major public buildings . . . the apparent randomness of the shapes results from an unusually relaxed approach from architects for whom subtle control is more typical".

The bridge at the University of Limerick is also organic in shape and "appears to grow out of the landscape", said the judges. The bridge, by the British architects of the iconic Millennium Bridge in Gateshead, England - which won the Stirling Prize - was required when the university expanded across the River Shannon.

The bridge widens out above each of its legs to create places in which to sit and chat, on seats in the structure behind glazed windbreaks.

"What may have been a mere technical solution to a practical design problem has been elevated by sensitive architecture to make a poetic statement about the river which is at the heart of the campus," said the judges.

The other RIBA European Award winners include two buildings in Germany by David Chipperfield and a project in Austria by Zaha Hadid Architects.

O'Donnell and Tuomey will be heading to the 11th International Architecture Exhibition in Venice in September as part of an Irish delegation that will exhibit their work and ideas about architecture.

The Irish Times

www.buckplanning.ie

124 homes planned for former bank sports grounds

O'MALLEY CONSTRUCTION has submitted a planning application for a 124-unit residential development at the former Bank of Ireland sports grounds at Knockrabo, Goatstown, Dublin 14.

This is the third planning application the company has lodged for the site, having failed twice before to get planning permission.

Last year An Bord Pleanála refused O'Malley Construction planning permission for a 129-unit housing scheme because the scheme adjoins a reservation for a major road development, the Sandyford to St Helen's link road, and a road layout for the area had not been finalised by the National Roads Authority at that stage.

Two years ago a similar scheme proposed by the company for 159 units was refused on the same grounds.

An Bord Pleanála is expected to decide in the coming months whether Compulsory Purchase Orders on lands along the Sandyford to St Helen's link road will go ahead.

The site is bounded by the Salamanca, Salzburg and Heidelberg roads in Ardilea. Local residents came out in force against previous developments, objecting on the grounds of its density.

This time around O'Malley Construction is looking for 124 residential units, comprising 102 apartments and 22 houses in three blocks on the five-acre site.

In April developer Niall Mellon of Knockrabo Developments Ltd submitted a planning application for his 5.9-acre part of the grounds. It is three years since he was refused planning permission by An Bord Pleanála for a development of over 360 residential units on the site.

He is submitting a planning application to Dún Laoghaire-Rathdown County Council for a much smaller development of 85 residential units (comprising 26 five-bed four-storey houses, one three-storey house and 58 apartments in three five-storey blocks).

He is also looking to build a new entrance off Mount Anville Road.

Mellon purchased the site for €50 million in 2003 from Michael Roden's Merrion Property Group.

O'Malley Developments bought a portion of the site from Knockrabo Developments in an off-market deal.

The Irish Times

www.buckplanning.ie

Bord rejects K Club plan

AN BORD Pleanála has overturned planning permission granted to the K Club for a residential development in the walled garden of Straffan House, Co Kildare following an appeal by a Canadian businessman.

Sheldon Mintzberg, the CEO and founder of Montreal-based Marine Group, and Carmele McGeary, who own the Inner Lodge on the grounds of Straffan House, said the development of 20 homes would represent "an unrelieved terrace facade and unbroken roofline as a backdrop to the current rural setting of the inner lodge".

The club was looking to build 11 two-bed and nine three-bed duplex homes in three blocks.

The Irish Times

www.buckplanning.ie

Retention of Corrib details an oversight, says Minister

MINISTER FOR Energy Eamon Ryan has acknowledged an "oversight" in failing to publish latest authorisations for work on the Corrib gas project.

This follows criticism from members of his party and community representatives in Erris over the Department of Energy's failure to make public key information about current work at the Glengad landfall for the pipeline.

A spokewoman for Mr Ryan said the department had activated authorisation of certain consents for the works, but this information was not made publicly available.

This was an "oversight", the spokeswoman said, and all authorisations and new information relating to the department's role would be published on the website from today. Relevant authorisations would also be published in future in the local press, the spokeswoman said.

Twelve residents who staged a peaceful protest to question the authorisations were arrested by gardaí on Tuesday, and later released without charge.

PJ Moran, one of the 12, said he would "never have participated in the protest" if he had known about the authorisations.

Dr Mark Garavan, former spokesman for the Rossport five, was also critical of the dearth of information.

"All information should be made clear, and the fact that this work on Glengad relates to consents originally approved before the 2003 Pollathomas landslide also needs to be questioned," Dr Garavan said.

Andy Wilson, of the Mayo branch of the Green Party, said the work at Glengad in advance of approval for the pipeline made a "complete mockery" of the planning process.

Speaking in a personal capacity, he called on Mr Ryan to support the recommendations of the recent Green Party national council motion, which called for the establishment of an independent review body to examine alternative refinery sites in north Mayo.

Pobal Chill Chomáin, a local community group, has called on the two Green Party Government Ministers to cease all civil engineering works by Shell E&P Ireland in the Pollathomas and Glengad area until a "rigorous geological survey and examination" is conducted.

The Irish Times

www.buckplanning.ie

Councillor facing alleged ethics code breach says everything 'above board'

A KILLARNEY town councillor is to be investigated for possible breaches of local government ethics legislation after he negotiated money from a developer in return for withdrawing a planning objection from An Bord Pleanála.

The councillor insists the money he negotiated was for the benefit of residents, not for personal use.

Under the ethics legislation Cllr Donal Grady could expect to be questioned by the chairman of the council, in this case the mayor of Killarney, as part of any such investigation. However, the mayor of Killarney, Patrick O'Donoghue, is not taking part as he himself is facing criminal charges for alleged breaches of the same ethics legislation arising out of a rezoning issue in Killarney town council in 2006.

Mr Grady (Ind) had twice objected to a retail and office development at the entrance to the Pinewood Estate after it got the go-ahead from Killarney Town Council. He was the sole objector. The latest objection was lodged in March and withdrawn on July 4th last.

This was days after Mr Grady hand-delivered letters to local residents, signed by the developer, saying a €25,000 contribution was being made for the improvement of entrances and exits to the estate. The letter said Mr Grady was the reason they had made many worthwhile changes to their planning applications in order to facilitate residents.

However, it was not clear last night if the developer - who does not deny making the contribution or writing the letter - knew the letter was going to be made public.

It has also emerged that levies of €71,825 had been imposed on the developer for infrastructural and road works as part of his planning conditions, a sum which did not include the €25,000.

Mr Grady insists the €25,000 was for the community. The cheque was lodged with a solicitor for the use of the community, and he himself contacted the council's ethics registrar about the matter to get his approval.

A council spokesman yesterday said it was this contact that sparked the investigation.

"It is all above board. Everything is documented. The money is for the residents and the cheque made out to a solicitor," Mr Grady said.

Under normal circumstances in an ethics investigation, under Section 174 of the Ethics in Local Government Service Section of the Local Government Act, 2001, the councillor could expect to be interviewed by the chairman of the town council, mayor of Killarney Patrick O'Donoghue and the town manager.

However, as Mr O'Donoghue has himself been investigated by the Standards in Public Office Commission on alleged ethics breaches and has now been sent forward for trial to the Circuit Criminal Court with regard to two alleged breaches of the legislation regarding a motion to rezone lands in 2006, the councillor said the mayor cannot be the one to interview him.

"Patrick O'Donoghue is not in a position to do it. This will have to bring someone from Dublin [from the Standards in Public Office Commission]," Mr Grady said.

Meanwhile, Killarney town council's planning department yesterday confirmed that levies of €71,825 had been imposed on the developer. According to the senior planner, Fiona O'Sullivan, the levies, for public infrastructure, included a special road levy and would have included works to the entrance and exit to the estate.

The works for which the levies were imposed were assessed by the town council engineer, and had been paid by the developer, she said.

Kerry County Council has confirmed the investigation is being initiated.

The council spokesman also confirmed that the investigation into Mr Grady will automatically be referred to a Garda liaison officer.

The Irish Times

www.buckplanning.ie

D4 high-rises profit-driven, says Desmond

BUSINESSMAN DERMOT Desmond has described a proposed high-rise development on the site of the former veterinary college in Ballsbridge as "an incongruous spike" in a sea of Victorian architecture and said the entire justification for such high-rise buildings seemed to be "the maximisation of profit".

Mr Desmond, who lives on Ailesbury Road, Ballsbridge, made the comments in a submission to An Bord Pleanála's oral hearing on the development, which opened at the RDS yesterday.

The financier was not present at the hearing but his submission was circulated to all parties.

In February, Dublin City Council granted planning permission to Kintene Ltd for the redevelopment of the site, after it had received almost 90 objections.

Plans for Number 1 Ballsbridge include a 15-storey tower, apartments, office blocks, shops and cultural centres. Developer Ray Grehan of Glenkerrin Homes paid more than €171 million for the 0.825 hectare site three years ago.

It is beside the Jurys/Berkeley Court site which is owned by developer Seán Dunne. He is also planning a high-rise development.

In his submission, Mr Desmond said it was "surprising and of concern" that the planning authority did not seek an Environmental Impact Assessment before planning permission was granted.

He said the development was "of such size and scale as to be entirely inappropriate and insensitive and contrary to the visual and recreational amenities of the area". Mr Desmond said there had been some insensitive and inappropriate developments permitted in the past but this was no justification for "further insensitive and inappropriate developments.

"I have a real concern that the developer rather than the planning authority ... is dictating the planning process and the real motivation appears to be the maximising of site value rather than proper planning and sustainable development."

At yesterday's hearing, local residents objected to the density and height of the plan. Speakers also claimed that the plan was inextricably linked with Mr Dunne's plans for the adjacent site.

Barrister Colm Mac Eochaidh asked planning inspector Tom Rabbette to refer the case to the High Court because he believed the plan was a material contravention of the Dublin City development plan. He also criticised the absence of key city council planner Kieran Rose from the hearing. Mr MacEochaidh was representing 11 residents' associations as well as a number of individuals.

He was speaking after town planner Fergal McCabe said the proposed 20,000 sq m of office space was a material contravention of the development plan because the area was zoned for residential use.

Mr McCabe said the 15-storey tower would be a "very significant marker" in the city yet there seemed to be no corresponding public gain from it.

An Taisce's Ian Lumley said he had no idea why the developers were claiming that the area needed such a landmark building. "There is no indication whatsoever that this site would benefit in any way from a landmark building ... in fact the opposite would be the case," he said.

Planning consultant Colin McGill pointed to other high-rise buildings in the area such as Hume House but Mr Lumley said many of these tall buildings has utterly failed to incorporate into their setting.

Fine Gael Cllr Paddy McCartan and Lucinda Creighton TD said the planners had ignored their own guidelines by granting permission. The hearing is expected to continue for several days.

The Irish Times

www.buckplanning.ie

Cable car project to seek city council sanction

THE DEVELOPER behind the €90 million "Suas" cable car project for the River Liffey is to seek planning permission from Dublin City Council for the scheme, after failing to secure fast-track planning approval from An Bord Pleanála.

Details of the Suas, which would run from Heuston Station to the docklands and involve the construction of 80m (262ft) towers along its length, were yesterday presented to city councillors ahead of the submission of a planning application.

Developer Barry Boland, formerly a planner with Dublin County Council, last year sought to have the Suas considered under fast-track planning rules which allow strategic infrastructural developments to be determined directly by An Bord Pleanála.

However, the board decided the Suas did not qualify as strategic infrastructure, leaving Mr Boland no option but to apply to the city council.

The Suas would be a tourist attraction rather than a public transport system, Mr Boland said.

"We're trying to create the equivalent of an Eiffel Tower, the London Eye or the Sydney Opera House - the sort of iconic thing that Dublin currently lacks."

Each cable car could carry 30 people and would run every 20 minutes. A round trip would cost €25. Two 80m towers - 20m taller than Liberty Hall - would be built at Marlborough Street and Wood Quay, and 60m towers would be located in the docklands and at Watling Street to support the cable. Mr Boland estimates that one in every eight visitors to Dublin would use the Suas.

Several councillors said they were interested in the project, but stopped short of endorsing it.

"My mind was quite closed to this project, and I would still have a certain scepticism, but my mind is perhaps a little less closed," Labour councillor Emer Costello said.

Sinn Féin's Daithí Doolan said it was good to see a project that was "trying to do something with the Liffey".

Mr Boland said it was up to the planners to decide if it detracted from the skyline. He had wanted the cable cars to be in the shape of a pint of Guinness, but this violated advertising codes.

Mr Boland said he would be ready to submit his planning application within weeks. However, because the city council owns some of the land on which the entrance to the Suas and the towers supporting the cable would be built, he needs to be given permission by the city manager to lodge an application.

A Dublin City Council spokeswoman said Mr Boland would need to seek a pre-planning meeting with the council to detail how he intended to deal with certain issues including access.

The Dublin Docklands Development Authority said it supported the project in principle, pending a decision from the council.

The Irish Times

www.buckplanning.ie

Ikea says M50 upgrade will delay Dublin opening

DUBLIN'S NEW Ikea store is likely to be "mothballed" for at least seven months following its construction because of what the company says is a delay in upgrading the M50.

The distinctive blue-and-yellow frame of the 31,800sq m building has now been erected on lands bordering the M50 and St Margaret's Road in north Dublin. The company said the 56-week build is three weeks ahead of schedule.

The premises is due to be completed by January and will be ready for business from the following month. An access road is currently being built to connect it to a slip road off the M50.

However, upgrade works on the M50 will not be complete until the "tail end of next year", the National Roads Authority (NRA) said last night.

Ikea said this delay would prevent it from opening, adding that it had never experienced such a delay in opening any of its 282 stores in 36 countries. It has not yet had a store set back by more than two weeks, said Garry Deakin, Ikea's Ireland manager.

Mr Deakin said it was now his understanding that the M50 project in the area would be complete by late summer 2009 and he commented that Ikea was "unhappy" about this.

He stressed relations with the NRA were very good, but said Ikea would be very happy if contractors could "accelerate their works" on the M50 to allow Ikea to open early next year.

Mr Deakin said Ikea had 475 permanent jobs to offer in Dublin, but could not advertise the posts until it could confirm an opening date with the NRA.

He said the construction cost for the new store, which is bigger than the one in Belfast, is between €105 million and €110 million and some 45 management personnel had been hired already.

A spokesman for the NRA said that the M50 improvement works were "paramount to the functionality" of the motorway and the enhancement was being done to satisfy the taxpayer and not any private companies.

He added: "The NRA is adhering to [ its] schedule to complete the upgrade to the M50 . . . we are doing our best to get it done as soon as possible."

Ikea said it was confident it would attract some 2.75 million customers to the Dublin branch in year one, despite an economic downturn. Mr Deakin said that the firm had been trading since 1943 through various economic cycles and the Ikea range was "strong in a downturn because it is pitched at that end of the market".

Ikea is also investing €1.75 million into environmental processes at the store to include a €117,000 facility whereby rainwater from the roof will be collected in a 40ft tank and then filtered for use in flushing the toilets.

Concrete from a former flat block in Ballymun has been used as bulk filling to level the land on the 12.7 hectare site. The store will include a 500-seat restaurant, a bistro, a cafe and a Swedish food hall as well as a free creche. It will have more than 1,500 parking spaces and will carry almost 10,000 products.

Mr Deakin said the company had been involved in extensive consultation with nearby residents in the St Margaret's Road area to minimise disruption to them during construction.

The Irish Times

www.buckplanning.ie

Wednesday, 23 July 2008

Leading trainer says €200m incinerator will harm thoroughbreds

A CHAMPION racehorse trainer has said he is confident a planning application by a US company to build an incinerator will be rejected.

Ted Walsh, who trained English Grand National winner Papillion, has said the incinerator "makes no sense whatsoever". Energy Answers International (EAI) is seeking permission to build the €200m waste facility in an old quarry off the N7 at Rathcoole, Co Dublin.

If it goes ahead, it will handle 365,000 tonnes of waste annually. But Mr Walsh has expressed serious concern for the welfare of racehorses in Co Kildare if the plans go ahead. "Horses are very susceptible to all things. Punchestown and Naas racecourses are just up the road. We have Goffs and there are 25 stud farms within seven or eight miles of the site -- it would definitely make life very difficult for us."

Mr Walsh is hopeful that An Bord Pleanala will consider the objections of the equine industry to the massive incinerator. "I think An Bord Pleanala do things pretty well and they have to hear every application as part of due course." Labour TD Emmet Stagg has lodged an objection with the planning board against the incinerator.

In his objection he highlighted how the former Taoiseach Bertie Ahern told the Dail that the overall requirement nationally for incineration was in the order of 400,000 tonne per annum in the next seven years and that "in the eastern region at present capacity was double that with 800,000 tonnes provided for in Carnstown in Co Meath and at Poolbeg".

Mr Stagg also said the scale of the furnace would lead to "substantial emissions" close to residents living nearby. "These toxic emissions will pose an unacceptable risk to people and there is no safe threshold for carcinogenic emissions."

He outlined other concerns on increased traffic and of the impact an incinerator would have on the equine industry in Co Kildare.

"There are eight stud farms and horse training facilities in Co Kildare within 5km of the proposed incinerator.

The incinerator would seriously damage the environment of these facilities and would be incompatible development, similar to the recent proposal at Coolmore."

Eimear Ni Bhraonain

www.buckplanning.ie

Private car ban in city centre from next April

PLANS TO ban private cars from parts of Dublin City centre, including O'Connell Street, Westmoreland Street and College Green, should go ahead by next April, a key Oireachtas Transport Committee report will recommend today.

The proposals to allow only public transport into the central area by next year, as outlined by Transport Committee chairman Frank Fahey last May, had been expected to be postponed after strong opposition from city traders and members of Mr Fahey's own Oireachtas Committee.

Objections centred on claims that there are insufficient buses or other public transport in the area to support the ban. Objections also cited insufficient time to steer a proposed new bridge across the Liffey through the planning process, and that the proposed Samuel Beckett bridge at Macken Street will not be open before 2010.

The car ban was planned by the Dublin Transportation Office to coincide with the start of work on Metro North and the building of the city centre Luas link. While Metro North is not now expected to start until 2011, and the Luas works will not happen before that, it has been decided to recommend early 2009 as the start of the car ban.

The Irish Times understands the report will recommend a "bus gate" be established at College Green by next April, and that only buses, bicycles, taxis and other public service vehicles be allowed to access the central core area.

Efforts to contact Mr Fahey yesterday were unsuccessful, but he has previously insisted: "We are quite satisfied that the proposals within this report are possible and can be implemented."

The report recommends the acquisition by Dublin Bus of 350 new buses - to be leased from the private sector if not immediately available to buy.

The proposed Bailey bridge between Marlborough Street and Hawkins Street is to be reserved for public transport and will be replaced by a Luas bridge.

The Irish Times

www.buckplanning.ie

Builders told all homes must be carbon neutral by 2013

ALL new homes built from 2013 onwards will have to be carbon neutral and emit no harmful greenhouse gases, the Irish Independent has learned.

Solar panels, woodchip burners, wind turbines and triple-glazing windows will become standard features on new housing under ambitious plans outlined by Environment Minister John Gormley yesterday.

Mr Gormley plans to change the building regulations so that "passive" housing becomes the Irish norm. Tougher regulations will also apply to office blocks and other developments.

The current building standards mean that housing must emit 40pc less carbon dioxide and use 40pc less energy to heat than under the old regulations, and these will be upgraded to 60pc by 2010.

But Mr Gormley plans to roll-out the carbon neutral homes within five years, resulting in Ireland having the toughest standards and most environmentally-friendly housing stock in the EU.

"This will be rolled-out as early as practicable," Mr Gormley said. "We're looking at 2010 for the 60pc reduction, I would hope by 2012 or 2013 for all domestic buildings (to be carbon neutral).

"That's my ambition. The targets set are extremely onerous, but we have to step up to the plate. We can create jobs out of this. Those who are in there first will have the most to benefit."

Developers

The move comes on the same day that Cabinet colleague Eamon Ryan announced a €9m grant scheme for those developers building energy efficient houses.

Up to 40pc of the cost of installing the necessary technology can be reclaimed from Sustainable Energy Ireland, and the homes would have to be 70pc less polluting than the existing housing stock.

Welcoming the grant aid, the Construction Industry Federation said last night it would help show the cost of making homes more energy-efficient.

But it said a significant amount of work would have to be done before Mr Gormley's zero carbon home became a reality.

"We would have concerns about the availability of products and materials, and it is a huge challenge, so training will be needed," a spokesman said.

"These sorts of standards haven't been widely achieved elsewhere. There are real practicalities that need to be addressed as in many ways we're taking the lead."

Architects, planners, quantity surveyors and construction workers would need training in the new standards, and customers would have to be guaranteed that the technologies being installed would work in the long term.

There is also the issue of the increased costs. Experts believe the cost of upgrading a home to the 40pc more efficient standard currently in place can add up to 10pc to the cost of building. A carbon neutral house is likely to cost significantly more, but over the long-term residents will pay much lower fuel bills.

Also yesterday, the Government called on local authorities to submit proposals to build "greener" homes under a pilot project to promote best practice.

Eighteen houses built in the 1970s in Lusk, Co Dublin, will also be "retro-fitted" with solar panels and other technology to help promote energy efficiency.

Chairman of Sustainable Energy Ireland Brendan Halligan said an "unprecedented" level of mobilisation would be required from the construction industry to meet the targets.

Paul Melia

www.buckplanning.ie

Mansfield's convention facility to go ahead after long battle

AN BORD Pleanála's decision to give the go-ahead to developer Jim Mansfield's convention centre at Citywest in Dublin signals the end of a long-running saga that has seen the building batted around the various elements of the planning system for close to half a decade.

The planning appeals board yesterday overturned the ruling of one of its own inspectors and decreed that the centre can go ahead.

Its decision is based on the facts that the facility fits in with specific zoning objectives laid down in the South County Dublin Development Plan, and that the Luas light rail line will be extended out to Saggart in Co Dublin, where Citywest is located, from its current terminal in Tallaght.

Four years ago, South Dublin County Council granted Mr Mansfield's company, HSS Ltd, permission to build the centre.

The company points out that there were no objections after five weeks, the time allowed for anyone opposed to such decisions to come forward.

After that five-week period elapses, there was a further four weeks allowed to facilitate any objections from adjoining landowners and from the developer himself, if he had a problem with any of the conditions laid down by the local authority.

Mr Mansfield was not going to object to the conditions and as the owner of most of the Citywest complex, he was also the adjoining landowner.

But heritage body, An Taisce, found out about the county council's decision after the initial five-week period was over. It went to An Bord Pleanála, which ruled that the council should have informed it.

This also opened the door to Harry Crosbie, owner of the Point Depot in Dublin's docklands, and a potential competitor for conference business, to object. In 2004, their objections succeeded, and the centre, which HSS had started building, was halted.

Mr Mansfield and his company began a protracted battle to get the centre built. In April 2007, he scaled it back, cutting capacity from 6,000 people to just over 4,100. Last November, the council again granted it permission.

An Taisce lodged an appeal in January, pointing out that the site was not singled out as suitable for a conference centre in either of two national development plans or the National Spatial Strategy.

The heritage body also had concerns about the amount of traffic it could create, and argued that the Luas extension was not enough to cope with this. However, An Bord Pleanála did not agree and has now given it the go-ahead.

Mr Mansfield was happy with the decision yesterday. His business, the Mansfield Group, which includes the hotel, conference centre and golf courses, welcomed the news. Its chief executive, Bernard O'Byrne, said that its potential value to the economy is €50 million a year.

"Independent research indicates that each overseas convention delegate contributes €1,500 to the Irish economy," he said.

Mr Mansfield was eager to make it clear that the planning row which has dogged the centre was not of his making. "Citywest and the local economy has paid a very high price - in the region of €200 million - for someone else's mistake," he argued.

He pledged to move ahead with the project as quickly as possible, although there could be an outside possibility that one of the objectors will seek to have the courts review the An Bord Pleanála ruling.

The group gave no indication of when it intends opening the centre for business, but it's likely that Mr Mansfield will be keen to do so before the proposed National Conference Centre in Spencer Dock in Dublin city, which is due to be completed in 2010.

The Irish Times

www.buckplanning.ie

Ministers urged to suspend Shell gas work

A NORTH Mayo community group has called on two Green Party Government Ministers to suspend all civil engineering works by Shell E&P Ireland in the Pollathomas and Glengad coastal area until a "rigorous geological survey and examination" is conducted.

Pobal Chill Chomáin issued the request last evening to Minister for Energy Eamon Ryan and Minister for the Environment John Gormley. The community group was formed several months ago to back a compromise location for the Corrib gas refinery.

Its statement followed the arrest of 12 people, including Rossport Five member Willie Corduff, at Glengad yesterday during a protest. The 11 men and one woman were questioned in relation to alleged criminal trespass, and were released without charge shortly before 6pm, according to the Garda in Belmullet, Co Mayo.

Shell E&P Ireland said it suspended work at the location - site of its landfall for the Corrib gas pipeline - for four hours, due to health and safety concerns associated with the protest.

In a statement, Shell said that "all necessary permits and consents" were in place from the statutory authorities. It said that environmental management plans and construction method statements had been approved by the relevant departments, and the National Parks and Wildlife Service had "witnessed" yesterday's work at Glengad.

The Department of Agriculture and Fisheries said that a foreshore licence had been issued, in consultation with the Department of the Environment.

The Department of Energy said the company had consents under section 40 of the Gas Act for construction of the pipeline, and phased consents for landfall works were issued on June 27th and 28th by the Minister Eamon Ryan.

The Department of the Environment said that while it was "not a consent authority for this project", it was "fully informed of the works that are proposed to take place this summer".

Gardaí are also investigating a complaint about video footage taken by Shell security personnel located at Glengad.

The Irish Times

www.buckplanning.ie

Mansfield's Dublin convention centre gets the go-ahead

AN BORD Pleanála ended a four-year planning battle yesterday by giving permission to developer Jim Mansfield to go ahead with his controversial €90 million convention centre at Citywest in Saggart, Co Dublin.

The planning appeals board over-ruled an objection by heritage group An Taisce and the recommendation of one of its own inspectors to give the green light to the centre.

It will have the capacity to house over 4,100 delegates and will cost between €70 million and €90 million to complete.

The centre is partly built, but has been caught in a tangle of planning permissions and objections since 2004, when South Dublin County Council (SDCC) originally gave the facility the go-ahead. In its ruling, the board states the centre meets a specific objective of SDCC's development plan, in that it is in line with existing land use for the site - it is home to a golf club and hotel - and because Dublin's Luas light rail network will be extended to Saggart.

The board also pointed out that Mr Mansfield last year cut the centre's capacity from 6,000 to 4,161.

"In deciding not to accept the inspector's recommendation to refuse permission, the board had particular regard to the improved public transport facilities and the scale of the facility in relation to existing development permitted on the site," Bord Pleanála states in its ruling.

SDCC originally gave permission for the facility in 2004, and no party objected within the five-week timespan allowed for this. However, An Taisce and rival developer Harry Crosbie subsequently objected and Bord Pleanála ruled that the local authority should have informed interested parties of its decision.

The board allowed their objections, and Mr Mansfield had to take the project back to the drawing board. His group got permission last November, but An Taisce objected on planning and traffic grounds in January. Mansfield Group is one of three developers with interests in the area who are paying €13 million each to cover the cost of extending the Luas to Saggart from Tallaght.

Mr Mansfield welcomed Bord Pleanála's decision yesterday. "It's a great pity that this project has been delayed so long at an estimated cost of €1 million a week to the local economy in south Dublin, but we are eager to move this development forward as quickly as possible," he said.

His estimate of the loss to the local economy is based on research showing that each conference delegate that travels to Ireland is worth about €1,500 to the economy.

Mr Mansfield added that the hotel has been turning away "significant amounts" of conference business because the group was unable to complete the centre. Mr Mansfield's other interests include Citywest Hotel and business park, Finnstown House Hotel, near Adamstown, Weston Aerodrome and Johnstown House in Co Kildare.

The Irish Times

www.buckplanning.ie

Public hearing on Ballsbridge tower scheme begins

A BORD Pleanála public hearing on a proposed high-rise scheme for the site of the former veterinary college in Ballsbridge, Dublin, which adjoins the Jurys/Berkeley Court site owned by developer Seán Dunne, begins today.

Dublin City Council granted planning permission last February to Kintene Ltd for the redevelopment of the college site, which includes plans for a 15-storey tower, despite receiving almost 90 objections from the public to the proposal.

Local councillors had also recommended that the planners not grant permission for the development on the grounds of its height, although its tallest structure is less than half the height of the 37-storey structure sought by Mr Dunne.

The Bord Pleanála hearing of 24 appeals against the council's decision, which will be held in the RDS from today, comes just days after the council said it was reviewing its high-rise strategy for the city, following an overwhelmingly negative response from the public.

The council, as the authority which originally gave permission for the college site, will be represented at the hearing, which is expected to last for at least a week.

However, it is more likely that its representatives will be defending the decision to approve the scheme, rather than reflecting any changed views in relation to high-rise buildings.

The 24 appellants are largely residents' associations, including: Ailesbury Road Residents' Association; the Shelbourne Road Residents' Group; and the Ringsend, Sandymount and Irishtown Environment Group.

An Taisce has also appealed, claiming the council contravened the city development plan by granting permission. It says the office and retail parts of the development are not allowed under current zoning rules and the 15-storey building would be "extremely imposing and would totally dominate the area".

Plans for the 40,000sq m site include shops, offices, an arts centre and 109 apartments.

The Irish Times

www.buckplanning.ie

Buses should be allowed use Port Tunnel - report

Buses should be allowed to use the Port Tunnel in order to help tackle traffic congestion in the capital, according to a transport plan published today.

The new action plan for an efficient bus network for Dublin was published by the Joint Oireachtas Committee on Transport.

The proposal aims to have 80 per cent of the city's commuters using the bus network by 2010, and includes expanding the quality bus corridor network, expanding the fleet by 350 buses and boosting links between the different transport systems, such as the Luas.

The committee found that there was a "lack of urgency and coordination" in tackling Dublin's congestion problems, and said there was a need for a "focused and determined approach" to delivering an efficient bus service for Dublin.

"Although there has been some progress over the last ten years the objectives set out in the short term action plan proposed by the Dublin Transport Office to the year 2000 have yet to be met," said the chairman of the Joint Committee, Frank Fahey.

"There appears to be a lack of urgency and coordination in the implementation of an action plan to tackle Dublin’s congestion problems, which need to be addressed immediately if we are serious about dealing with current traffic issues.”

The report recommended that high priority routes and cross city routes be designated to ensure reliable and efficient services, and that off peak frequency be increased using the existing fleet. It also said that buses should be allowed to use the Port Tunnel, and a bus gate - already recommended by the Dublin Transport Authority - be installed at College Green to facilitate a more free flowing bus service through the centre of the capital.

It is also seeking the construction of a temporary bridge beween Hawkins Street and Marlborough Street to speed up journey times, until a more permanent structure can be built.

“Traffic capacity of Dublin road network was reached 15 years ago. Today after unprecedented economic growth, the pressure on the network has increased by 300 per cent but little additional road capacity has been provided," said Mr Fahey.

"Therefore, it is more necessary now than ever that we encourage a greater number of Dublin’s commuters to use buses. This is especially relevant over the next five years before the light rail network is introduced throughout the city.”

Irishtimes.com

www.buckplanning.ie

Tuesday, 22 July 2008

Incinerator plan raises pollution and traffic fears

AN INCINERATOR which is proposed for the Rathcoole area of south Co Dublin has become the subject of significant protest and criticism among local residents.

An application was lodged with An Bord Pleanála last May by a US company, Energy Answers International.

It is seeking permission to construct the facility at a place known locally as Behan's Quarry, close to the main Naas Road/N7 motorway.

The planning application comes under the Strategic Infrastructure Bill 2006 which enables the fast-tracking of planning applications for projects deemed to be of a particular infrastructural significance, and as such bypasses any requirement to go through the local council's planning procedure.

The proposal has met with criticism from South Dublin County Council, and was strongly opposed at last week's council meeting, according to Cllr John Hannon (FF), who said there was a broad cross-party objection to the proposal.

Martin Judge from the council's planning department said they have undertaken a study of the likely effects of the incinerator, and the subsequent report unequivocally advised against any support for such a facility.

He said "the council has submitted objections to the planning application on the basis that the proposal does not comply with the Dublin regional waste management plan, and also because of concerns over the expected traffic problems which will be generated by the facility".

Local objections in Rathcoole are being led by a group called Rathcoole Against Incinerator Dioxins (Raid), which has held a series of public meetings in the area in the past few weeks.

Liam McDermott, secretary of Raid, said "our information is that the emissions likely to come out of this facility represent a danger to thousands of people in the surrounding area when the prevailing wind distributes them".

He said "the local environment for miles around will be polluted consistently for years".

"It should be considered that this area includes an equine industry worth in excess of €1 billion per year, as well as the Poulaphouca reservoir which in only six miles away from the site," he said.

Ted Walsh, one of the leading horse trainers in Ireland, has his business located within four miles of the proposed incinerator site, and has also objected strongly to the planning application.

He said an incinerator in that location, with the winds blowing in every direction, is likely to spread ash across the countryside and affect the quality of grazing for horses.

"Obviously, the effects on people is the most important thing, but Kildare is a great county for horses, with studs and farms that have produced Grand National and Gold Cup winners, and to have something like this built a few miles up the road would be a disaster."

Gerry O'Sullivan of Energy Answers International said the proposed facility was of huge importance and "would be capable of handling 365,000 tonnes of residual municipal waste per year, and would produce enough energy to power over 43,000 homes in the Dublin area".

He said Energy Answers International believed there was no basis to concerns over a significant increase in traffic in the area.

"The facility would be constructed within the quarry site, selected as the most appropriate location because it is close to existing waste-management infrastructure and transport routes," he said.

"It will have a dedicated exit from the N7, and as far as we are concerned there are no significant implications for local traffic in the area."

Mr O'Sullivan said "Energy Answers International has an open office on this matter, and is happy to discuss the matter and allay any concerns".

Tomorrow is the last day for objections to the planning permission application with An Bord Pleanála.

A final decision is expected towards the end of this year.

The Irish Times

www.buckplanning.ie

Council approves plans for Adamstown town centre

SOUTH DUBLIN County Council has approved plans for the development of a €1.2 billion town centre for Adamstown, south of Lucan, which is billed by developers Castlethorn Construction as "Ireland's first 21st century town".

At 154,000 sq metres (1.66 million sq ft), Adamstown Central is one of the largest mixed-use schemes in the history of the State, with a full range of retail, com-munity, civic and commercial facilities for an anticipated population of 30,000.

The new town centre would have 60 retail units including restaurants, cafes and bars, a nine-screen cinema, health centre, inter-church place of worship, leisure centre and swimming pool, as well as a library, enterprise centre and several civic squares.

The scheme, which also includes 600 apartments, has been designed by seven architectural practices supported by 55 other consultants, including landscape architects, engineers, colourists, lighting designers and wind and movement consultants.

The seven architectural practices involved are DMOD, Grafton Architects, Henry J Lyons, HKR, O'Donnell + Tuomey, OMP and London-based Metropolitan Workshop. The idea behind having so many was to give the town centre real diversity.

Once the tendering process is complete, Castlethorn estimates that up to 1,000 jobs would be created during the construction of Adamstown Central, and that it would also lead to the creation of more than 2,500 new jobs in and around the town centre.

The developers said leasing of the retail element of the scheme was "bucking current market trends", with anchor retail and leisure tenants lined up two years in advance of scheduled completion dates.

Details of tenant contracts are to be announced later.

Irish Times

www.buckplanning.ie

New grants for energy efficient homes unveiled

Developers are being encouraged to build energy efficient, low carbon housing through a new grant scheme designed to help fund their construction.

The Low Carbon Homes Programme will give capital grants for homes that meet certain criteria including maximising solar heat gain and heat recovery, minimising heat loss through insulation and ventilation control, and that use smart metering and other technologies to manage electricity demand.

The eligible housing will also provide heating by using renewable energy technologies, such as solar hot water and pellet fuel stoves, and generate their own electricity through micro wind, hydro power or other approved means. Homes must also have a Building Energy Rating (BER) of A2 or better for each unit.

Grants, which will be administered by Sustainable Energy Ireland, will amount to up to 40 per cent of eligible expenditure in the projects. The scheme has funding of €9 million up to the end of 2011.

There has been an increasing move towards energy efficient housing in recent years. New building regulations adopted in 2007 set out mandatory higher energy efficiency and emissions standards, which were a 40 per cent improvement on the 2005 Building Regulations. There are proposals to increase this figure to 60 per cent in 2010.

Unveiling the scheme, the Minister for Communications, Energy and Natural Resources, Eamon Ryan, said the recently adopted regulations placed Ireland among the best in Europe in terms of energy efficient new housing.

"However, the threat of climate change and the impacts of rising oil, gas and electricity prices mean that we must aim for the very highest efficiency standards possible, while tackling the carbon emissions from our electricity use in the home," he said.

"These will be houses where energy waste is minimised and where heat is produced and electricity generated on site. This is the housing of the future."

Irishtimes.com

www.buckplanning.ie

Monday, 21 July 2008

Dumps clean-up to cost millions

THE government faces a multi-million euro bill to reduce the pollution risk from 300 dumps and 100 abandoned mines.

The Environmental Protection Agency (EPA) has identified 300 "historic" dumps scattered across the country that it says need attention, some of which may harbour toxic or hazardous waste which poses a risk to groundwater. On Wednesday, the EPA will outline to the Dail Environment Committee the work that needs to be done.

The agency is also carrying out an urgent review of disused mines which may pose a health risk to local residents. The question of who will foot the bill for the work is still to be resolved and could delay the clean-ups for years. It has also emerged that lands with a low commercial value could be the last to be restored to full health.

Mining involves use of dangerous chemicals, which can contaminate the land and water sources. And many landfills contain leachate, or water contaminated with decomposing rubbish, and methane gas which can ignite. "There was indiscriminate illegal dumping for years when any old hole in the ground would do," Labour's Emmet Stagg said last night. "The leachate going into water is the biggest issue."

Responsible

Details of the audit come after traces of a highly toxic cancer-causing chemical were discovered at the site of the former Irish Steel works on Haulbowline island in Co Cork.

The Department of the Environment is solely responsible for the clean-up of Haulbowline, but local authorities and the EPA are responsible for landfills. The Department of Communications, Marine and Natural Resources takes responsibility for old mines, including Avoca in Co Wicklow and Silvermines in Co Tipperary.

Among the 100 mines under investigation are Tynagh in Galway, Gortdrum in Tipperary, and old mine sites in the Allihies in West Cork.

In a 2006 report, the EPA estimated there were 50-80 "brownfield" sites in Ireland where there was a risk of pollution, but when former petrol stations, tanneries, dockyards, old municipal waste landfills, and railway depots are taken into account there could be up to 2,500 sites that pose a risk.

Paul Melia
Irish Independent

www.buckplanning.ie

Planning refusal upheld by High Court

Cicol Ltd -v- An Bord Pleanála HIGH COURT Judgment was given by Ms Justice Irvine on May 8th, 2008

JUDGMENT

An Bord Pleanála was correct in refusing planning permission to a proposed residential/commercial development on land known as "Dudley's Field" beside Airfield Estate in Dundrum, Dublin, on the grounds that it contravened the Development Plan and was contrary to the proper planning and development of the area.

BACKGROUND

The applicant - the development company Cicol - was the owner of the land in question, which it bought from the Airfield estate in 2005. It sought planning permission for a development consisting of 62 residential units in five apartment blocks, each of which was to be five storeys in height; a two-storey leisure building housing an indoor recreation centre, a health spa and a creche.

When the planning application was made to Dún Laoghaire-Rathdown County Council, the planning official stated that the open areas and recreational and sports facilities fell within the categories of uses which were "permitted in principle", but that the proposed residential component of the development would materially contravene the Development Plan because of its quantum, density and plot ratio.

Nonetheless, the director of Economic Development and Planning for the council, Michael Gough, recommended that permission be granted, which it was, subject to conditions.

An appeal against the permission was lodged by seven third parties, including two residents' associations and a local school.

An Bord Pleanála appointed an inspector to prepare a report. She submitted this in August 2007, recommending the refusal of planning permission. She said the existing open space use of the site would be radically altered; the transformation of an open field into a development of five five-storey apartment blocks was a radical deviation from its current use which amounted to a material contravention of the Development Plan. The board met and refused permission, in accordance with her recommendation.

The applicant sought to judicially review this decision in the High Court.

The court first decided to grant leave to bring the proceedings, on the grounds that the applicant had a substantial interest in the proceedings and therefore had locus standi. Ms Justice Irvine also considered that the applicant had substantial arguments to make, and went on to consider these.

The applicant put forward five arguments for consideration by the court:

1. Did the board comply with its statutory obligations to "state the main reasons and considerations" on which its decision was based?

2. Did it give appropriate weight to the manner in which the planning authority had interpreted its own Development Plan at the time of granting planning permission?

3. Did it adequately have regard to the following considerations: the local objective to "encourage the retention and development of Airfield Estate for educational, recreational and cultural uses", and uses of land which were "permitted in principle" and/or "open for consideration" under the Development Plan?

4. Should it have, and did it consider the applicant's proposal by reference to the entirety of the lands adjoining the site? If it should have considered the entirety of the lands, was the board wrong in concluding that the proposed development was a material contravention of the Development Plan?

5. Should the board have considered whether the development ought to have been permitted, even if it contravened the Development Plan?

DECISION

Ms Justice Irvine began by considering the function of Development Plans in general and how they should be constructed, and Dún Laoghaire-Rathdown Development Plan in particular. Having considered the case-law, she said: "[ They] should be properly construed in their ordinary meaning as would be understood by members of the public."

In the Dún Laoghaire-Rathdown Development Plan, Airfield Estate, including "Dudley's Field", is zoned "F", for use as open space, and is an urban farm, which had been singled out by the local authority for special attention. The land zoned "F" permits certain uses under the headings "permitted in principle" and "open for consideration". The former includes community facility, cultural use, open space, recreational facilities/sports clubs, travellers' accommodation, and the latter includes agricultural buildings, caravan park or car park, cemetery, creche, recreational, residential, restaurant or shop use.

However, these possible uses of the land would also be subject to other considerations, such as the most efficient use of land, density, height, massing, traffic generation, public health regulations, design criteria, visual amenity and others, she said.

Considering whether the board had stated "the main reasons and considerations" for its decision, Ms Justice Irvine said that where the board's decision is different from its inspector's recommendation, it is obliged to indicate the main reasons for not accepting such recommendation. However, here the board accepted the recommendation of its inspector, Ms Coogan, having duly considered it, as it was obliged to do.

"I believe that the board has cross-referenced its decision to the inspector's report in terms of the matters which it considered prior to reaching its decision and that it thereby complied with its statutory obligations," Ms Justice Irvine said.

Considering whether the board attached appropriate weight to the manner in which the planning authority had interpreted its own Development Plan, she said that the inspector had made it very clear that there were opposing views as to the proper construction of the Development Plan.

However, she said no primacy could be given to a planning authority's interpretation of its Development Plan. "If special primacy were to be afforded to the local authority's interpretation of its own Development Plan, it is difficult to see how any party could mount a challenge to a decision made by the local authority and successfully claim that a proposed development was in contravention of the Development Plan."

Turning to the question of examining the proposed development in the context of the overall use of Airfield Estate, she said it had been argued that the purchase price paid for "Dudley's Field" would copperfasten the future development of Airfield.

However, she said no evidence was put before the inspector or the board regarding the financial status of Airfield Trust at the time of the sale of Dudley's Field. Further, there was no assertion that the sale of the field was subject to planning permission.

Considering whether the board had adequately examined the question of development "permitted in principle" and "open for consideration", she said there was no doubt that the proposed development was primarily for residential and mixed commercial use, and an ordinary member of the public, reading the Development Plan, would not consider the proposal to be one principally devoted to the provision of open space and recreational amenity.

Turning to whether the proposal had been considered in the overall context of the entirety of lands adjoining the site, which would remain open land, she said that the original planning application had been made on the basis that Dudley's Field should be seen as a separate entity from the Airfield Estate.

Finally, Ms Justice Irvine considered whether the board should have granted the permission, even if it contravened the Development Plan. She said that the basis on which the applicant sought planning permission was that it was consistent with the plan, and did not make any argument for the development if it constituted a material contravention.

"I believe the applicant is stopped from now complaining that the board did not consider granting full planning permission or some limited planning permission, having concluded that the development . . . was in material contravention of the Development Plan," she said.

Accordingly, she said she was satisfied that the board's decision, as a matter of law, was one which was correct.

The full text of this judgment is available on www.courts.ie

Maurice Collins SC and Michael O'Donnell BL, instructed by O'Donnell Sweeney Eversheds, Dublin (for the applicant); Nuala Butler SC, Oran Doyle BL, instructed by Barry Doyle & Co, Merchants Quay, Dublin (for the respondent)

The Irish Times

www.buckplanning.ie

€210m development planned for Cork

THE PROPOSED multibillion-euro Cork docklands development has received a boost with confirmation by property developer Owen O'Callaghan over the weekend that he has applied for planning permission for a €210 million office and retail development near the city centre.

O'Callaghan Properties have applied for planning permission to Cork City Council for 14,864sq m (160,000sq ft) of office and ground floor retail at Anderson's Quay in a project which is expected to create 700 permanent jobs and 350 jobs during construction.

The site, close to the bus station at Parnell Place and fronting on to the north channel of the river Lee, will create a further link between the development of the docklands and the city centre similar to the nearby City Quarter developed by Howard Holdings which fronts on to the south channel. According to O'Callaghan Properties managing director Owen O'Callaghan, the project's location within a few minutes' walk of the city's principal retail and business districts makes a strong statement for commercial investment on Leeside.

"Cork has suffered in recent years because of a lack of large-scale, third-generation city centre office availability. Investment and jobs have gone elsewhere as a result," said Mr O'Callaghan, who is also developing a major retail site on Academy Street in the city.

"The development of office accommodation on such a well-placed site, near the railway and bus stations, will be very attractive and will address some of the city's office capacity problems. It also continues the successful renewal of the area which has occurred in recent years."

The site, adjacent to Clontarf Street, covering three-quarters of an acre, was assembled through the acquisition by O'Callaghan Properties of a number of adjoining premises including Reliance Bearing Ltd, the former Cork Society for the Prevention of Cruelty to Animals (CSPCA) shelter, Maher Sports and S-Tyres.

Maher Sports and S-Tyres will continue to operate within the new complex while O'Callaghan Properties, as part of its agreement with the CSPCA, has developed a new state of the art animals home at Mahon to replace the Clontarf Street facility.

According to Mr O'Callaghan, the building design by Wilson Architecture is striking and contemporary and characterised by a circular, cylindrical form with the building line set back from the corner of Anderson's Quay/Clontarf Street to create a public space area.

This allows more active public frontages to the ground-floor units as well as allowing the public realm to be brought into the building to the atrium which accesses the offices overhead, he said, adding that it will also incorporate 140 underground car spaces.

"We see this as an opportunity for Cork to have a corporate headquarters type office building available in a city centre location. We are very confident about this project and it would be our intention to commence construction once planning permission is obtained."

The Irish Times

www.buckplanning.ie

Scaled-down visions for tall buildings

CORK HAS again stolen a march on Dublin, with the Elysian tower overtaking Cork County Hall to claim the title of the Republic's tallest building, 11m (36ft) higher than Liberty Hall in Dublin, which is still the capital's tallest despite numerous proposals to go higher.

While Dublin is still in the process of discussions and deliberations about the planning of tall buildings, Cork has gone beyond that and is delivering them, Norman Craig, managing director of construction consultants Davis Langdon PKS, said last week.

In June, the Office of Public Works confirmed the 117m apartment tower planned for a site near Heuston train station had been put on the long finger because of current market conditions - three years after An Bord Pleanála granted planning permission for the project.

Upholding a decision by Dublin City Council, the appeals board gave its approval largely because of the design quality of the scheme by Paul Keogh Architects. Design was also the key issue in the board's decision last week to approve Foster + Partners' plans for the Clarence Hotel.

But An Bord Pleanála has been far from indulgent in permitting high-rise schemes in Dublin. The record shows it is not prepared to approve random tall buildings, particularly in cases where there is no local area plan with explicit provisions for extra height.

Within the past few months, the board has overturned Dún Laoghaire-Rathdown County Council's decisions to approve two tower blocks on Sandyford Industrial Estate, mainly because of the absence of an adequate planning framework.

Earlier this month, the council itself refused permission for another complex in Sandyford, with three towers ranging in height from 12 to 24 storeys.

It has been a similar tale in the city. Where Dublin City Council's planners were prepared to permit tower blocks of up to 13 storeys in schemes planned for Bridgefoot Street and Francis Street in the Liberties, An Bord Pleanála cut them down substantially in scale.

On Thomas Street, the board flatly refused permission for high-rise clusters on sites acquired from the State for Digital Hub developments; its decisions referred to the council's declared policy of protecting the skyline of the inner city.

In May, the board overturned the council's decision to approve a mixed-use scheme of offices and apartments ranging from four to nine storeys on Harcourt Terrace, on the basis it would "fail to respect its context" - notably the Regency terrace directly opposite.

The board made it clear to Arnotts it wants its proposed 16-storey tower omitted from plans for the "Northern Quarter" development because it would be "unduly obtrusive on the skyline" and "seriously detract" from the streetscape.

In the case of shopping centre plans for the Carlton site on Upper O'Connell Street, developers Chartered Land were initially encouraged by the council's planners to incorporate a high-rise element - the "Park in the Sky"; now the planners seem to be having second thoughts.

Curiously, their request for further information from the developers of a proposed 11-storey block on the former Motor Tax Office behind the Four Courts dealt with issues unrelated to its height - this scheme is likely to go to An Bord Pleanála on appeal.

Further details have also been sought on plans by Treasury Holdings for a 35-storey hotel to the rear of the National Conference Centre now under construction at Spencer Dock, following objections from the Dublin Docklands Development Authority and others.

Already under appeal by An Taisce and seven other parties is the council's decision to approve developer Bernard McNamara's plan to redevelop the Burlington Hotel site with buildings ranging up to eight storeys fronting onto Sussex Road and Burlington Road.

The council is due to make a decision by the end of this month on revised plans for 11- and 12-storey towers on a site at School Street in the Liberties.

One senior city planner said the council "always advises developers to take likely problems into account" in dealing with high-rise proposals - including the possibility of a rejection by An Bord Pleanála. "All we're trying to do is to encourage sustainable densities," he added.

The board took a different view in its recent decision to approve a largely residential mixed-use development on the former Player Wills and Bailey Gibson sites at South Circular Road. The effect of its ruling would be to reduce the density of this scheme to just 50 units per acre.

The future of higher density development - and high-rise in particular - will become clearer in September when the city management reports back to Dublin City Council on the public reaction to its draft strategy, Maximising the City's Potential: A Strategy for Intensification and Height. Public reaction at a series of consultation meetings last month was so negative that key aspects of the document are expected to be changed.

And with the heritage division of the Department of the Environment intervening more frequently in the planning arena, the planners must feel they are under fire from all sides.

The Irish Times

www.buckplanning.ie

Department raises concern over plans for Ballsbridge development

HIGH-RISE plans for the Ballsbridge area of Dublin, currently under appeal to An Bord Pleanála, would have a "significant adverse impact" on its character, according to the Department of the Environment.

In letters to the appeals board, the department's heritage division expressed concern that the scheme, approved by Dublin City Council's planners for the seven-acre former Jurys/Berkeley Court hotel site, is "excessively high".

Minister for the Environment John Gormley - a local TD - is debarred from interfering in the planning process, but he is a statutory consultee under the 2000 Planning Act and would have had to approve submissions to the board. Although the department did not object to the original application, it now says the proposed development would be "contrary to Dublin City Council's policy to protect the architectural character of the area".

The department's intervention, which came in response to a request from the board, is likely to be seen as a potentially serious blow to the plans by developer Seán Dunne, of Mountbrook Homes, for the high-rise cluster.

Mountbrook has said that no development would take place on the hotel's site until a 37-storey tower and another high-rise office block - omitted in the council planners' decision to grant permission last March - were approved.

It said the tower was "an integral element of the proposal and office space is an important part of a mixed-use development". If the appeals board refuses permission, Mountbrook may seek to build more apartments and embassy space on the site.

The planners approved 294 apartments, a 232-bedroom hotel, a shopping centre, an embassy building, cultural centre and a creche.

Three apartment blocks along Lansdowne Road were trimmed from 11 to nine storeys.

An unprecedented 127 appeals were made to the board in this case, of which 87 are supporting the development - including one lodged on Mr Dunne's behalf, seeking the full reinstatement of his scheme as planned.

The heritage division was also asked to comment on plans by Glenkerrin Homes for another high-rise cluster on the adjoining former Veterinary College site, but so far it has not expressed a view.

Its three-page letter to the board recognises the need to redevelop the site, but endorses the city council planners' decision to refuse permission for the proposed 37-storey tower and "other tall elements" of the scheme.

Referring to their approval for blocks of up to 18 storeys, it says these would be "excessive in terms of height, scale and bulk, and would have an adverse effect on the character and setting of a large number of protected structures in the immediate vicinity".

The letter says the excessive scale of the development would "seriously unbalance" the established architectural character of the area and have a "highly negative visual impact" along Lansdowne, Pembroke, Northumberland and Shelbourne Roads.

"The new buildings would introduce incongruous elements into the streetscape and dominate views down each of these roads . . . towering over, by very many storeys. . . predominantly one to four-storey protected structures in the area."

The department also says it has "serious concerns" about the proposal to develop such high-rise buildings a relatively short distance from the "internationally significant Georgian quarter of the south city", around Merrion and Fitzwilliam squares.

It wants the board to "consider whether sufficient consideration has been given to the visual impact of the proposed developments on the surrounding area, an established 19th century suburb containing so many protected structures".

While accepting the need for higher density housing, it says the location of tall buildings in or near historic areas "cannot be considered on an ad hoc basis". Suitable locations must be selected "in the interest of the common good".

The Irish Times

www.buckplanning.ie

Mosque on Talbot Street gets go-ahead despite objections

AN BORD Pleanála has granted permission for the conversion of the three upper floors of two buildings on Talbot Street, in Dublin city centre, into a mosque, despite objections from local businesses to the development.

The Anwar-E-Madina mosque is the first inner-city mosque and the first to be located on Dublin's northside, according to worshippers. It opened last Thursday, after receipt of permission from the planning board, but it will not be permitted to broadcast prayers.

Dublin City Council had granted permission for the mosque last December. However, the decision was appealed to An Bord Pleanála by neighbouring business people who said the area, a busy commercial street, was not suitable for a mosque.

The mosque is located in the upper three floors of numbers 8 and 9 Talbot Street, backing on to the Department of Education buildings on Marlborough Street. The ground floor of number eight is occupied by the Rayhoon Italian restaurant, while number nine houses Langan Furniture on its ground floor.

Planning permission had been granted last year to use the upper floors of the building as a restaurant. These floors had remained vacant since 2006, before which they had been used for various non-retail commercial purposes.

Objections to the mosque were made by the owners of Langan Furniture, Rayhoon and the neighbouring discount store Euro Shop to both the city council and An Bord Pleanála.

Ray Ferris, owner of Euro Shop, said the mosque "will cause damage on my business and also would reduce my customers". He said it would also "not be a great idea" for other retailers, given that it was a commercial street. Keumars Zolfaghari of Rayhoon sited the same reasons in his objection.

Tony Langan, of Langan Furniture, said there could be "up to 250 people outside my door or the front of my shop while they are waiting or coming from the mosque".

Objections were also made in relation to the lack of parking in the area, the fact that the building was not accessible for disabled users and the unsuitability of the building.

A representation in support of the mosque was made by the Minister of State with responsibility for integration, Conor Lenihan, who said it would only be particularly busy on Friday nights, would bring business to the area - and most people would arrive by bus or on foot but could use the car park on Marlborough Street.

An Bord Pleanála inspector Jenny Kelly noted that a place of public worship was permissible within the zoning of the area and "the Pro Cathedral is located . . . a short distance from the site". There was "no evidence" that the proposed development would detract from the existing premises in the area, she said, and it was well-served by public transport.

The Irish Times

www.buckplanning.ie

Council reviews unpopular high-rise plans

DUBLIN CITY Council's management is reviewing its controversial high-rise strategy following an overwhelmingly negative response from the public, as well as signals from An Bord Pleanála and the Department of the Environment.

Michael Stubbs, assistant city manager in charge of the council's planning department, admitted that last month's public meetings in five city areas to discuss the draft policy, Maximising the City's Potential: A Strategy for Intensification and Height, "didn't go well".

"There is a problem with this document in certain parts of the city," he said.

"Based on what we've heard, we are going to have to evaluate what was said and think about how to bring the strategy forward. There are definitely things going to be changed."

The main criticism related to exceptions in the document that would permit "random eruptions" of high-rise buildings outside previously designated areas - such as the Docklands, Heuston Station and other transport nodes such as Connolly and Tara Street stations.

Michael Smith, former chairman of An Taisce, branded the draft strategy as "the most damaging document ever produced by Dublin City Council", saying it "would have comprehensively threatened Dublin's characteristic human scale".

Mr Stubbs said it was clear that the height issue was "totally emotive", obscuring what the planners were trying to achieve in terms of raising residential densities in the city, particularly in areas that are well-served by good-quality public transport.

However, he accepted that people had genuine concerns about a strategy for the city that many saw as a blueprint to pepper it with high-rise buildings, even in low-rise suburban areas. "We're going to have to be very careful about that," he said.

Mr Stubbs pointed out that a local area plan (LAP) for Phibsboro, drafted by Paul Keogh Architects, had recently gone through the city council with an option to locate a tall building on the site of the old shopping centre, where there is already a tower.

"If the concept of LAPs is the way to go, we'll do that," he said. "That would be getting away from the idea of random high-rise. And for smaller sites, we would do design briefs" - with these briefs going out for public consultation before being adopted.

Mr Stubbs said members of the council's planning and economic development committee would be taken on a tour of Copenhagen and Malmö next month to see examples of higher density residential development - mostly not involving high-rise.

The planning department will be reporting back to the committee in September on the outcome of public consultations on the council's draft strategy, with amendments to take account of people's views.

Although An Bord Pleanála last week upheld the planners' decision to approve the redevelopment of the Clarence Hotel, it has been adopting a critical stance on high-rise schemes, while the Department of the Environment has intervened in Ballsbridge.

The Irish Times

www.buckplanning.ie

Sunday, 20 July 2008

Experts face quiz on overhead power lines

TDs and Senators are to question Dutch experts who recently gave Energy Minister Eamon Ryan a major report comparing overhead electricity pylons and high-voltage power lines with underground cables.

The Ecofys consultants' study followed strong pressure from TDs and Senators across party lines, as well as a major grassroots campaign in the North East, where EirGrid proposes to build a 110km-long ultra high power line across counties Monaghan, Cavan and Meath.

Next Tuesday, members of the Joint Committee of TDs and Senators dealing with energy policy will quiz the experts at a special session in Leinster House.

Anti-pylon campaigners in the North East claim that the experts' report has endorsed the main arguments they have been fighting on.

They have also pledged to keep up their fight to force the lines underground.

Sunday Independent

www.buckplanning.ie

FAI lacks cash to pay for stadium

THE redevelopment of Lansdowne Road appeared last night to be in jeopardy, as a major cash crisis emerged in the Football Association of Ireland (FAI).

The stadium, which is being rebuilt in a joint venture between the FAI and the Irish Rugby Football Union (IRFU), with considerable assistance from the Government, could be halted as the financial position of Irish soccer appears to be precarious.

According to its latest annual accounts, which are due to be presented to the organisation's annual general meeting next Saturday, and which have been obtained by the Sunday Independent, the FAI is some way short of the €74m needed to meet its end of the cost of the redevelopment work.

Earlier this month, John Delaney, the FAI's chief executive, claimed at a press conference that he could write the cheque for the stadium in the morning, but the figures totally disprove that and show a major hole in the pockets of Irish soccer.

The accounts show the FAI has a cash surplus of €4,273,445 and just €21.2m in cash reserves. The closing shareholder fund showed the FAI had €16.4m last year compared with €12.1m in 2006.

However, the organisation also had debts totalling €10.1m falling within the 2007 financial year and an additional €3.9m falling outside that financial year.

The total wage and salary bill for the FAI in 2007 came to €10.5m. That figure does not include manager Giovanni Trappatoni's salary as he is not technically a member of staff.

A figure of €412,034 was paid to senior executives, and includes Mr Delaney's salary. The FAI denied all of this amount was Mr Delaney's salary.

Since construction began in 2006, the total spend on Lansdowne Road has been just over €70m, which has been entirely covered by the Government.

This means the Government has only €121m left to contribute. But given the shortfall on the FAI side, there is now real uncertainty over the future of the stadium.

The net cost of the stadium is €411m because both the IRFU and the FAI will be able to reclaim all the VAT paid during the construction. The accounts also show that the FAI contributed €2.5m to the running of the Lansdowne Road Stadium Development Company.

The Government yesterday ruled out any additional help on the project, with Sports Minister Martin Cullen taking a strong line with the sporting organisations. A spokeswoman for Mr Cullen said that in a recent meeting with the FAI and the IRFU he had made it clear the Government commitment was capped at €191m.

The poor financial position comes despite the FAI's sale of its former headquarters in Merrion Square for over €8.7m last year and four big money matches at Croke Park against Germany, Wales, Slovakia and Cyprus which brought in €2m each. Added to that was the €7m odd they received in television rights for the games, which they won't match this year as there is only one competitive match scheduled at the GAA HQ this year. Ireland play Cyprus in October, which is likely to be a sell-out.

Mr Delaney and his fellow executives will come under severe scrutiny at next week's AGM in Castlebar, Co Mayo, when delegates will be made aware of the situation.

Despite the gloomy outlook in the figures, the FAI strongly denied yesterday that it had a cash crisis, insisting it would meet its commitments on Lansdowne Road.

An FAI spokesman again said that a "cheque could be signed in the morning".

In a statement to this newspaper, the FAI said: "At the end of December 2007, the FAI had cash reserves of €21.2m and, in addition to that, we also have lines of finance in place to meet the capital commitments towards the new stadium, which will only be required to be paid to the Lansdowne Road Stadium Development Company during the course of 2009.

"The Government has confirmed that the FAI and the IRFU have in place the finance to meet their capital contributions to the stadium. In addition, the FAI will be going to market with corporate box and premium tickets this September."

Sunday Independent

www.buckplanning.ie

DTO targets car-driving civil servants

Civil servants who drive to work in Dublin city could soon find themselves taking the bus, car pooling or cycling, as a new initiative to clamp down on private car use targets government employees.

Around 22 per cent of all traffic entering and leaving Dublin is civil servants travelling to and from work. The bulk of them are provided with free car spaces near or at their workplaces. The Dublin Transportation Office estimates that 15,000 of the daily average 67,000 cars that cross the two main canals in Dublin are civil servants.

DTO director John Henry met Ceann Comhairle John O’Donoghue in recent weeks to discuss the implementation of the ‘one small step’ workplace travel initiative in the Oireachtas and all government departments. O’Donoghue has agreed to put it before the Houses of the Oireachtas commission.

The programme is already in place in RTE and Eircom, and is a package of measures to encourage and support sustainable travel patterns among staff with the design of a travel plan, and regular reviews of the plan. This might include facilitating car pooling and providing cycle parking, showers and lockers.

The all-party Oireachtas transport committee has unanimously agreed that the programme should be introduced for all members and staff in Dáil Éireann.

Committee chairman, Fianna Fáil TD Frank Fahey, said if everyone who used a car for work did one journey less per week, this would be a reduction of 200,000 journeys per day to the city.

He also said the committee would be looking at further incentives, such as tax breaks, to encourage increased use of public transport by commuters.

Fahey also suggested a planned €22.5 million 500 space underground car park at Leinster House might not be required if efficiencies were achieved by the new initiative.

‘‘If this programme is successful, then it could lead to a review of the proposal to proceed with the underground car park,” he said.

Sunday Business Post

www.buckplanning.ie

Barracks could be sold to cut costs

A number of Army barracks around the country could be closed and sold off to property developers as the Department of Defence looks to cut costs.

Cathal Brugha barracks in Rathmines, Dublin, is thought to be top of the list, as it is the most valuable disposable site owned by the Army. An internal valuation carried out on the barracks in 2005 put its value at €70 million. Some 1,200 Army personnel are based at the site.

McKee barracks on Blackhorse Avenue, Dublin, which houses 800 personnel, is also a valuable site: its worth was put at €60 million in a 2005 valuation. The barracks was refurbished in 2007 at a cost of €7.5 million.

The only other Army site in the city that could potentially be sold is St Bricin’s Military Hospital in Arbour Hill, which is valued at €3 million.

There are more than 20 Army barracks and military bases dotted around the country, but senior military sources say that the optimum number would be about five - one each for the Air Corps and the Navy, and three for the Army.

Closing several barracks would not just create administrative and staff savings, but realise significant capital which military chiefs want to keep for investment in equipment and military hardware.

Sources point out that the Navy is scheduled to acquire five new ships before 2014, at a cost of €180-200 million. The ongoing costs of having about a quarter of the Army posted on overseas duty every year is also rising.

However, there is likely to be pressure from the Department of Finance to surrender at least some of the money realised by any barracks sale. Finance is looking for savings of almost €5 million from the Department of Defence this year.

There is thought to be enthusiasm within the Army and the government for a programme of barracks closures to save on costs and generate capital.

However, some sources have counselled caution, given the political difficulties in closing barracks in places such as Louth, Longford, Kilkenny, Mullingar, Cavan and Monaghan and any of the three barracks in Donegal.

In addition, many barracks - including Rathmines - feature a number of listed buildings which would have to be maintained by any developer or purchaser.

It is also likely that other state agencies, such as the Affordable Homes Partnership, would seek to take possession of at least some of the sites selected for disposal.

In addition, there are worries in the military that a large-scale programme of barracks closures, which would remove the Army presence from much of the country, would affect recruitment. ‘‘On paper it looks brilliant,” said one source who spoke on condition of anonymity. ‘‘But in fact it’s not so straightforward.”

Sunday Business Post

www.buckplanning.ie

Saturday, 19 July 2008

Gormley to introduce Measures to improve the effectiveness, efficiency and environmental sustainability of the Planning Code

The Minister for the Environment, Heritage and Local Government has today (18 July 08) announced that he has received approval of Government to the drafting of the General Scheme of a Planning and Development (Amendment) Bill to amend the Planning Acts.

The primary aim of this Bill will be to ensure a greater coherence between the National Spatial Strategy, Regional Planning Guidelines, development plans and local area plans, particularly insofar as the zoning of land is concerned. It will also bring greater transparency into the process of zoning land and should help to secure a better return from investment on infrastructure under the National Development Plan and sectoral capital programmes.

The implementation of key areas of national policy such as the National Spatial Strategy, the National Development Plan, the White Paper on Energy and the Climate Change Strategy is dependent on an efficient and integrated planning process. At a more local level, modes of transport, the way homes and places of work are powered, the quality of local community and recreational facilities, the provision of educational facilities and the delivery of high quality sustainable infrastructure, are also dependent on a quality and effective development planning and management system.

“The Bill will help to reduce the need for central government intervention in the local government development plan process and will strengthen the local mandate by clarifying how planning authorities can and should better align their local policies and priorities with sound planning principles and with regional and national guidance,” said Minister Gormley.

In the past, there have been instances where land zonings or development policies set down in the 6-yearly development plans have failed to provide a proper and sustainable planning framework for the economic and social development of the area, particularly in terms of the inappropriate scale, pattern and phasing of development, and without sufficient regard to national and regional policies and priorities.

Introducing greater transparency into the zoning process:

Other proposals will include a legal requirement for development plans to be consistent with the NSS and the RPGs, strengthening the status of the Department’s planning guidelines and underpinning the evidence base for decision making primarily by strengthening further the development plan as the fundamental link with national and regional policies.

The Minister also proposes amending the legislation to provide that a resolution for a material alteration to a development plan (or the making or amendment of a local area plan) will require that 75% of the elected members vote in favour; currently a simple majority of those present is all that is required. The 75% rule already applies where a local authority decides to grant a planning permission that is a material contravention of the development plan. Late modifications to a draft (or variation to) a development plan/local area plan will not include any increase in the amount of zoned land beyond that in amendments already proposed and consulted on at an earlier stage.

Address European Court of Justice Rulings:

The Bill will also introduce further legal improvements to the planning code in the interests of planning effectiveness, efficiency and environmental sustainability and arising from recent European Court of Justice cases.

“In response to the ECJ ruling on 3 July, I propose to remove the possibility of retention for unauthorised developments which would otherwise have been subject to Environmental Impact Assessment. I also proposes to put in place strengthened legal provisions in relation to the Appropriate Assessment of development plans, local area plans and planning schemes prepared for strategic development zones under the Habitats Directives,” added Minister Gormley.

“The proposals for the Bill represent the latest instalment of a package of measures that I have taken or planned since I took office last year to streamline the planning framework and where possible achieve a better alignment with key national policy objectives including, in particular, addressing climate change through the planning system,” ended Minister Gormley.

www.buckplanning.ie

U2's sky bar must be open to all

IT COULD have been an exclusive venue where celebs and the glitterati could hob-nob far from the rabble.

But any plans rock band U2 might have to party in private in their rooftop bar overlooking the city have been dashed.

An Bord Pleanala has granted planning permission for a controversial redevelopment of the Clarence Hotel on the Dublin quays, but included an unusual condition that the public must have access to the fabled 'sky bar' which is an intrinsic part of the plans.

Although the band had not sought to refuse permission to the public, it is the second time in recent months authorities have felt obliged to compel hostelries to open their doors to the public. In May, the High Court ruled that a members-only club on St Stephen's Green could operate a VIP system, but would not be allowed to refuse entry to the general public.

Yesterday's decision means that U2 members Bono and The Edge, along with property developer Paddy McKillen, can begin work on the €150m project to quadruple the size of the building and transform it into a nine-storey, 140-bedroom, five-star hotel, designed by architect Norman Foster.

"We are delighted that An Bord Pleanala has given us the green light for Norman Foster's design for The Clarence," the owners said in a statement yesterday. "It's great news for the team that has worked so hard on this project."

Atrium

The project includes a huge glass atrium, accessible to the public, at the heart of the hotel, with a 'skycatcher' -- or oval glass roof -- allowing light to enter the building. The basement will be home to a swimming pool called 'Dubh Linn', with the 'sky bar' at the top of the building providing views across the city. No date has been set for construction to begin.

However, the project has caused outrage among conservationists and the Department of the Environment because it involves the virtual destruction of the Clarence Hotel, an art deco building dating from 1937; four Georgian buildings from the early 19th century; and Dollard House, which was built in 1886.

All are listed buildings, and only the facades along Wellington Quay will be preserved.

There were seven objectors, and legal action aimed at overturning the permission is likely.

Yesterday, An Taisce said the board had set a precedent which could see other listed buildings demolished to make way for new developments. This is only supposed to happen in 'exceptional circumstances' -- where a building was dangerous, for example -- and none had been demonstrated, it said.

"The proposal does open up a precedent on the quays," An Taisce heritage officer Ian Lumley said. "This undermines the architectural conservation area, and it could be the subject of legal proceedings. The board are venturing into very dangerous territory."

In overturning its inspector's recommendation to refuse permission, the board said the high quality of the revamped hotel and benefits to the area meant the project would be in accordance with proper planning and granted permission subject to 19 conditions.

Paul Melia
Irish Independent

www.buckplanning.ie

€2bn revamp for Bray gets green light

HUNDREDS of construction jobs will be created when work begins on a €2bn new town centre for Bray.

Pizarro Developments said work on the 33-acre retail, residential and commercial development in the Co Wicklow seaside town would start next year, providing a much-needed boost to the construction industry up until 2016 when it is complete.

The development was yesterday granted planning pemission by Dun Laoghaire Rathdown County Council and Bray Town Council.

It will be built by a consortium comprising some of Ireland's biggest developers, including Durkan New Homes and Pierse Construction Ltd, and will extend the town centre to the harbour and promenade. Pizarro Developments, which includes Paddy Kelly and family, Alanis Ltd, Equity Properties and the Newlyn Group, got the go-ahead to build 100 shops, 600 apartments, a 103-bedroom hotel and 17 bars, restaurants and cafes by the River Dargle.

The project also includes about 6,000 square metres of office space, an eight-screen cinema and parking for 3,300 cars and will create 2,500 full-time jobs when it opens for business in 2012.

"In addition to the positive impact that this development will have on the town of Bray, it will also bring €60m annually in wages to the local area," project manager Mary Birmingham said.

Paul Melia
Irish Independent

www.buckplanning.ie

Strict new proposals 'will put end to one-off housing'

A TIGHTENING-UP of planning rules will see a ban on local authorities approving one-off rural housing unless strict criteria are met.

The draft plans, announced by Environment Minister John Gormley yesterday, will oblige county councils to take account of national planning policies when preparing development plans, spelling the end of housing estates and one-off houses located far from roads, water, electricity supply and public transport links.

The move comes after two cases in the past year where the minister told local authorities to revise their county development plans.

Monaghan and Mayo County Councils were told their policies did not comply with national guidelines because too much land was being zoned for housing.

In the past, some county development plans and local area plans have failed to abide by national planning guidelines, such as the National Spatial Strategy, Regional Planning Guidelines and the Sustainable Rural Housing Guidelines. This has led to piecemeal development in some parts of country.

The new amendment to the Planning and Development Act will insist that local plans conform to the national guidelines, rather than just "have regard" to them. And the draft rules will be designed to secure a better return from investment on infrastructure.

Mr Gormley said yesterday the amendment bill was not designed to stamp out one-off rural housing, but it would insist on councils meeting strict criteria before granting permission or face being told to revise their decision.

"This is not about one-off housing," he said. "It's about more coherence between the National Spatial Strategy and development plans. I've never suggested councillors are running amok, I have the highest respect for them and want to enhance their powers at a local level."

But Fine Gael party leader on Mayo County Council, Paddy McGuinness, said local councillors had no role to play in the development of national strategy, which often didn't meet the needs of local communities.

"He talks about the National Spatial Strategy but there has never been any county councillors involved in shaping that strategy," he said. "There are no suggestions as to what involvement local representatives should have."

Other measures include a condition that projects which require an Environmental Impact Assessment cannot be granted planning permission after a project has been built. This has been brought in after a ruling by the European Court of Justice found that an EIA should have been carried out before the Derrybrien wind farm was constructed in Galway.

Other changes include a requirement that 75pc of councillors must approve changes to a development plan, instead of a simple majority. Flooding risks must also be taken into account in the planning process and certain renewable technologies will not need planning permission.

Building rules requiring that new homes must use 40pc less energy than under current standards will also be made law.

The moves were welcomed last night by the Labour Party, but it said the Government needed to invest more in towns and cities outside Dublin.

The President of the Association of County and City Councils, which represents councillors, also welcomed the proposals.

Paul Melia
Irish Independent

www.buckplanning.ie

330 trams pass couple's home daily, court told

A SOUTH Dublin couple who claim their home lives have been seriously affected by noise from the Luas have told the High Court they were assured before the network went operational that noise levels from the trams would be "low to minimal".

Trams now pass them 330 times a day, the court was told.

Paula and Vincent Smyth of Cambridge Terrace, Leeson Park, have brought legal proceedings against the Railway Procurement Agency and Veolia Transport Ireland Ltd, which operates the Luas on behalf of the agency, over alleged noise nuisance caused by hundreds of trams passing their home daily. The Attorney General is a notice party to the case.

The Smyth home is some 50m (55yds) from an elevated section of the Luas Green Line between St Stephen's Green and Sandyford.

Their two-storey terraced home is a protected structure located between the Charlemont and Ranelagh stops.

The couple are seeking injunctions directing the defendants to erect an appropriate barrier to reduce noise, restraining the defendants from operating the Luas in a manner that causes a noise nuisance and reduces their use and enjoyment of their home. They also want damages.

The defendants deny the claims, and argue the operation of the Luas railway system is in accordance with the terms of the Transport Light Rail Acts of 1996 and 2001.

They also claim the operation of the Luas system within the parameters of those Acts cannot as a matter of law give rise to the nuisance that the Smyths complain of.

In evidence yesterday, Vincent Smyth said his and his wife's use and enjoyment of the garden at the rear of their home has "diminished greatly" due to the noise from the Luas.

He said it was impossible to have a conversation there due to the trams. Trams passed their home 330 times every weekday and 254 times at the weekends.

He said he had difficulty sleeping at night due to the noise, which was only slightly reduced by closing the bedroom window, and found he was tired during the mornings.

Cross-examined by Nuala Butler SC, for the defence, Mr Smyth said when the Luas was at the planning stages he and his wife accepted assurances from the defendants that the level of noise from the trams would be "low to minimal".

Mr Smyth, a chartered accountant, said he did not have concerns about noise levels during the planning or public consultation stage of Luas because he believed what was said in documentation from the defendants.

He believed, as a lay person, that "a low noise is a low noise". It was "not something that you use ear plugs for, or have to close your bedroom windows for".

Paula Smyth told the court the "oasis" that was their back garden had been "destroyed" by noise from the trams.

Mrs Smyth, a solicitor, said they were initially supportive of the Luas. However, they now looked forward to winter storms because these muted the noise from the Luas.

The case continues.

The Irish Times

www.buckplanning.ie

Government urged not to waver from national plan

THE GOVERNMENT should continue with investments under the National Development Plan (NDP) across the entire spectrum from physical infrastructure to human capital, social infrastructure and social inclusion even if economic conditions and revenue buoyancy deteriorate, the National Economic and Social Council (NESC) has argued.

In a new report on the Irish economy in the early 21st century, NESC contends that any other approach would be to ignore the central thrust of its analysis that skills and capabilities are the most important assets in an advanced modern economy.

The report says now "is not the time to doubt the core objective of the NDP's social and economic participation programme, or to withhold the resources necessary to implement it".

It recommends two over-arching policy priorities for the Government; to fine-tune some of the strategic investments in the NDP and the national agreement Towards 2016, and to manage a difficult transition for the economy in a highly uncertain period.

It says some temptations must be avoided which would yield an inconsistent policy approach and repeat policy mistakes of past decades. These include an abandonment of fiscal discipline to have recourse to excessive borrowing for current consumption, cutting back on strategic investments in ways that would ease immediate budgetary pressures but damage long-term prosperity, and maintaining only investments in physical infrastructure.

It also warns against the most tempting but most damaging option of adopting a combination of budgetary and distributional policy that deepened the economic downturn and which ignored the degree to which non-trade employment is related to the performance of the traded sector.

NESC also proposes that in the years ahead the Government should maintain capital investment of at least 5 per cent of GNP and that overall taxation should be set at a level that is consistent with a dynamic economy and to maintain a level of expenditure adequate to support economic and social development.

"The management of the public finances should provide scope for current expenditure to invest in the services required in critical areas in Towards 2016, including making progress towards the services envisioned in [the report] Developmental Welfare State, and the delivery of the National Disability Strategy."

It suggests that the Commission on Taxation should examine the possibility of replacing stamp duty "with a more sustainable and equitable form of property tax".

The report suggests that a number of the strategic investments set out in the NDP and Towards 2016 require particular attention.

It says, in relation to early child development and childcare, it is aware of the major long-term cost that will result if the existing provision in this area proves to be "too little too late".

It also says the "effectiveness of the additional resources being given to schools to address educational disadvantage needs to be ascertained and assured".

It says the manufacturing sector is experiencing a high level of restructuring, but that high value-added functions are expanding. There is considerable potential for more research and development to be carried out in support of retaining these high-level tasks.

"Policy needs to become clearer and more adept at ensuring the maximum return to the national economy from the much-higher public spending on research and development."

NESC also says a shift in the composition of exports towards services has been beneficial, and there is considerable potential for this to continue.

The Irish Times

www.buckplanning.ie

Clarence group gets permission to redevelop

AN BORD Pleanála has granted planning permission for a €150 million plan to redevelop the Clarence Hotel on Dublin's Wellington Quay as "a bespoke building of design excellence" by international architects Foster + Partners.

The board made its decision by a seven-one majority against a strong recommendation by senior planning inspector Kevin Moore that permission be refused for the scheme, which he characterised as "conceptually brilliant but contextually illiterate".

The board said it would "provide a building of unique quality and architectural distinction [ and] . . . would in time become a significant feature in vistas along the Liffey".

As proposed by the Clarence Partnership - involving U2's Bono and The Edge, developer Paddy McKillen and financier Derek Quinlan - only the quayfront facades of the hotel adjoining Dollard House and four early 19th century buildings, would be retained.

Though all are designated as protected structures in the Dublin City Development Plan, the entire group would be built up to the current height of the Clarence and oversailed by an elliptical, flying saucer-like roof.

An Bord Pleanála was satisfied that "the continued historic hotel use" was sufficient to constitute "exceptional circumstances" to permit the part-demolition of the protected structures.

"In deciding not to accept the inspector's recommendation to refuse permission, the board considered that the development proposed, which involves the part-demolition of protected structures, is permissible because the exceptional quality of the design," the board's report said.

The board said this design would not undermine the integrity of the Liffey Quays Conservation Area but that it "would contribute positively to the character of the area". It also considered that the "unique circumstances of this case" - particularly, the "exceptional design quality" of the scheme - "would not constitute an undesirable precedent for the partial demolition of any other protected structures."

The Department of the Environment argued that the "exceptional circumstances that might warrant the . . . demolition of protected structures have not been demonstrated".

Dublin City Council's conservation architect Clare Hogan said the demolition of all but the facades would render the protected structures "meaningless".

The owners welcomed the board's decision, saying: "We are delighted that An Bord Pleanála has given us the green light for Norman Foster's design . . . It's great news for the team that has worked so hard on this project and we believe it's great news for Dublin."

The Clarence Partnership had warned that failure to get approval for its ambitious scheme to redevelop and extend the five-star hotel, to provide 114 large bedrooms and 28 suites, could lead to the property being sold, possibly for a "down-market budget hotel".

The Irish Times

www.buckplanning.ie

Clarence - Senior inspector's strong disapproval rejected

AN BORD Pleanála approved plans to redevelop the Clarence Hotel in Dublin despite a strong recommendation by one of its senior planning inspectors that permission be refused because of its "uncompromising, ominous and overstated" impact on the Liffey Quays.

In his report on appeals by An Taisce, the Irish Georgian Society and others against Dublin City Council's decision to grant approval, inspector Kevin Moore said the proposed development would "greatly alter the setting of the river, its bridges and streetscape".

His 88-page report described the existing complex of protected buildings on the site as "structurally sound . . . reparable, functional, usable, salvageable structures of significant heritage value, and regionally important - important for the quays and for the city".

Mr Moore said the demolition of such structurally sound, adaptable buildings was unsustainable and "undermines the policy to protect the city's built environment, ie the basis of the city's attractiveness for tourists". Facade retention alone was not defensible.

In general, he wrote, the demolition of a protected structure "should only be considered as a last resort". In his view, "none of the circumstances put forward by the applicant are in themselves exceptional, nor do they, as a group, add up to be exceptional". Although the proposed "skycatcher" roof made a "significant architectural statement", he believed that unifying so many buildings under one roof would create a "lop-sided, imbalanced terrace" on Wellington Quay, with a dominance "unparalleled on the quays".

Referring to the daring architectural treatment by Foster + Partners, Mr Moore said: "The design of the proposed development is conceptually brilliant but contextually illiterate [ because] the proposal has a visually uncompromising impact on Wellington Quay."

Recommending a refusal, he said An Bord Pleanála should cite such reasons as the proposed demolition of the protected structures as constituting "a significant loss of historic streetscape [ which] would undermine the integrity of the Liffey Quays conservation area".

Other reasons suggested by Mr Moore were that it would "seriously injure the amenities of the area" as well as materially contravene the Dublin City Development Plan and set an "undesirable precedent" for the demolition of protected structures generally.

In deciding to go against the inspector's advice, the appeals board made only one minor change to the plans, ordering that a proposed penthouse facing East Essex Street should be reduced at each end by four metres to lessen its impact on adjoining properties.

The board's decision was subject to 19 conditions, including requirements covering a schedule of all fixtures and fitting to be removed and reinstated, a full record of the existing buildings and their architectural features and an archaeological assessment of the entire site.

According to figures obtained last May by Mary Upton TD (Labour), An Bord Pleanála rejected the recommendations of its planning inspectors in 603 of the 4,611 appeals decided last year, amounting to 13 per cent of the total; this was up from 9 per cent in 2006.

The Irish Times

www.buckplanning.ie

Bray town centre receives planning permission

Approval has been granted for a €2 billion residential, retail and leisure complex in Bray, Co Wicklow.

The Bray Town Centre development will include offices, shops, schools, restaurants and a hotel with a bridge link to the proposed Luas extension.

The scheme will provide jobs for around 2,500 people.

An Bord Pleanala rejected the application last year over traffic concerns and because the town’s flood defence scheme was not completed.

Since then Bray Town Council has produced a flood defence plan and Pizarro Developments has lodged a fresh application with revised road proposals and plans for two new schools.

Pizarro project manager Mary Bermingham said the development would not only boost the town but bring in €60 million in wages annually for the area.

Building on the development, which will be located on the old Bray golf club, is expected to start next year.

It will include over 100 shops, 326 apartments, a 103 bedroom hotel, restaurants and cafes and an eight-screen cinema.

There will be a seafront residential neighbourhood with open space, a GAA pitch and a new primary and secondary school.

Bray Chamber of Commerce welcomed the decision.

Irishtimes.com

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Dublin's 'Spire' monument to be repaired

The landmark Spire monument on O’Connell Street in Dublin will be cleaned, polished and repaired this weekend, with resulting traffic restrictions on the capital’s main thoroughfare.

Dublin City Council said it hoped to repair the lights at the top of the Spire, which have not been working in recent months after a problem developed with the rope and pulley mechanism on which the lights are mounted.

A special crane – the only one of its type in the country – will be used to access the top of the structure.

“Weather permitting, it is proposed to erect a crane in the median on Saturday 19th July, with the dual purpose of carrying out maintenance works on the rope and pulley and the lights,” the council said in a statement.

“It is also intended to use the opportunity of the crane being on site to give the structure a further clean even though one was not scheduled until next year.”

On Monday, the bottom two metres of the 120-metre high monument will be treated and repolished. The Spire has been vandalised with acid-based graffiti at a number of points, and this needs to be removed the council said.

There are also a number of deep scratches which will also be repaired.

Central area manager Charlie Lowe said: “There is a planned maintenance programme for the Spire and it was decided that, rather than hiring a 120-metre crane just to work on the lighting and rope and pulley maintenance, cleaning work would be conducted at the same time.

“This is scheduled to take place over the coming weekend, it’s a two-day job and it is subject to weather conditions being suitable.

“The crane is the highest and only one of its type in Ireland, so therefore, it cannot operate in high winds. If conditions are suitable the work will be done this Saturday and Sunday, or may need to be put off for another weekend,” Mr Lowe said.

Additional repolishing works will be done after the cleaning and maintenance work. Traffic restrictions will apply in the vicinity of O’Connell Street during the works.

The Spire, officially called the Monument of Light, was to be erected in time for the turn of the Millennium celebrations and the rejuvenation of O'Connell Street in Dublin in 2000, but was ultimately not erected until April 2003.

The cost of cleaning it was estimated in 2005 at about €50,000, with the cost of hiring the crane making up most of that sum.

Council engineer Michael Kelly told The Irish Times in 2005: "We have to make a call about how often we clean it, so we're going to have to live with a period when it's grubby. The chances are it will be once every five years."

Irishtimes.com

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Councils approve €2bn Bray project

BRAY HAS moved a stage further towards securing a new €2 billion town centre which will include more than 100 shops as well as offices, a hotel, leisure facilities and a residential complex.

However, the decision by Bray Town Council and Dún Laoghaire- Rathdown County Council to grant permission for the vast scheme will almost certainly be appealed to An Bord Pleanála.

Last year the board blocked the same development on the old Bray golf course lands because it said it would be "premature" pending the approval of the Bray Flood Defence Scheme and pending a plan for the overall management of traffic in Bray. Meanwhile, Seán Mulryan's Ballymore Properties is expected to tell Bray Town Council on Tuesday next whether it will be proceeding with the rival Florentine Centre in Bray.

The scheme has been held up by delays linked to the implementation of a Compulsory Purchase Order on the site by the town council.

Pizarro, the company promoting the larger centre, is comprised of Paddy Kelly and the Kelly family, the McCormack family vehicle Alanis, Durkan New Homes, Newlyn Group and Pierse Construction.

They bought the site in 2003 from Dwyer Nolan for €90 million.

Last October Pizarro lodged a revised planning application which included new road network and access to an underground car park which will have 3,300 spaces.

The scheme will include 58,243 sq m (626,927sq ft) of shopping facilities, a 103-bedroom hotel, 17 bars, restaurants and cafes, an eight-screen cinema and 326 apartments.

The development will provide a link between the original town centre and the seafront, while the town's river Dargle will be enhanced with a riverside walk and flood protection facilities.

Pizarro claims its development will bring in more than €60 million in wages annually and employ more than 2,500 people.

Meanwhile, Ballymore has just completed an important office letting to high street bank Barclays in Birmingham.

The bank has taken a 15-year lease of 9,104sq m (98,000sq ft) in the first phase of the one million square feet mixed-use scheme at Snow Hill.

Ballymore has already secured the city's largest pre-let at the scheme, signing Wragge & Co for No 2 Snow Hill. The Irish company has now let a total of 43,663sq m (470,000sq ft) of offices to Wragge, Barclays and KPMG.

The Irish Times

www.buckplanning.ie

Gormley Bill will limit councillors' rezoning powers

NEW PLANNING legislation which will limit the power of county and city councillors to rezone land is to be introduced by Minister for the Environment John Gormley this autumn.

The draft planning Bill, which will stop councillors from rezoning land for housing against the advice of county managers and planners, has angered councillors who claim that Mr Gormley is rowing back on commitments to give more power to local government.

The new measures will also stop developers from building without, or contrary to, planning permission and then applying to retain the unauthorised structure.

The power to rezone land is a reserved function of councillors. This means that even if a county manager tells the council that he has been advised by the senior planners and the council's law agent that the rezoning is contrary to national guidelines, councillors can still rezone.

The new legislation will remove this power. Under the Bill councillors will not be allowed to rezone land if this conflicts with central government plans such as the National Spatial Strategy and the National Development Plan.

Mr Gormley has said he is introducing the measures to stop councillors from ignoring national and regional policies and to prevent him having to intervene when a county development plan contravenes national guidelines.

This time last year Mr Gormley directed Monaghan County Council to rescind rezonings after councillors rezoned what he felt were excessive amounts of land for housing. The councillors had rezoned the land against the advice of the county manager.

Mr Gormley said he had intervened "very reluctantly" but had done so for the common good.

"The Bill will help to reduce the need for central government intervention in the local government development plan process," he said. He added that local government's mandate would be strengthened because the Bill would clarify "how planning authorities can and should better align their local policies and priorities with sound planning principles and with regional and national guidance".

Urban and rural councillors accused Mr Gormley of eroding democracy and rowing back on his commitments in his recent Green Paper on local government reform to give more power to councillors.

Monaghan county councillor Gary Carville (FG), who was county mayor last year when Mr Gormley quashed the council's rezonings, said the Minister lacked respect for local government.

"This is a backward move where local government reform is concerned, but it doesn't surprise me given John Gormley's track record in relation to decisions made lawfully by councillors."

Mr Gormley was going against his own Green Paper, he said. "How can you strengthen local democracy if you are taking away powers from local government?"

Dublin city councillor Dermot Lacey (Lab) said he was shocked and angered by the "further erosion" of local government powers.

"The Department of the Environment has some cheek, some neck. There isn't a single solitary reason why the Department of the Environment knows any better than local government."

The Bill has a provision to stop large developers from applying retrospectively for permission for unauthorised developments. This will apply to development requiring environmental impact assessments, not small domestic projects such as house extensions.

The Irish Planning Institute said that a greater consistency between local plans and national strategies would stop "overzoning".

The Irish Times

www.buckplanning.ie

Thursday, 17 July 2008

€170m golf club deal lands in the rough

'We have taken this decision in the light of the extraordinary change in the economic climate over recent months'

IT may be the most spectacular collapse in golf since Jean van der Velde at the British Open.

A massive property deal that was to net the 670 full members of Clontarf Golf Club personal windfalls of €100,000 from the sale of course land is -- like van der Velde's ill-fated challenge -- dead in the water.

As part of the €170m package, the property company Capel Developments was also to hand over its Bernhard Langer-designed links course at Portmarnock to the Clontarf club.

However, the developer informed the club in a letter this week that it is withdrawing its offer because of the downturn in the property market.

"We have taken this decision in the light of the extraordinary change in the economic climate over recent months," Capel said in a statement yesterday, confirming the decision to the Irish Independent.

"We felt it would be imprudent to proceed at this point in time and, rather than have uncertainty, we felt it would be in the best interests of both parties to inform Clontarf now."

Management at Clontarf Golf Club -- where Bertie Ahern was an honourary member until he stepped down as Taoiseach in May -- were said to be "disappointed" at the news, after "having put a lot of time and effort into the deal".

Under the original package, voted through by 488 of the 537 club members who attended a meeting last November, full members were to receive €100,000 each, while lady associate members were set to net €22,000.

The ball didn't stop rolling there.

Five-day members were in line for €17,500, intermediates were set to take €16,500, bowling and country members €5,000, and even pavilion members were to pocket €1,000.

As well as signing over ownership of the Portmarnock Links course -- itself set on 150 acres -- to the Clontarf club, Capel had also offered €20m for club funds and was to build a new clubhouse there. The entire package was valued at over €170m.

But what stood out in the Clontarf deal was the cash payment aimed directly at the well-heeled members of the north Dublin club.

Three other deals over the past decade -- for the Bray, Dun Laoghaire and Douglas golf courses -- involved land swaps with developers but, in each case, the members were not given a direct share of the cash.

Among the well-known members of the Clontarf club are former Dublin football manager Kevin Heffernan and former Tipperary hurling captain Tony Wall, both All-Ireland winners.

The general secretary of the Golfing Union of Ireland, Seamus Smith, is also a member at Clontarf.

Mr Ahern included an honourary year-long membership of the club in last year's Dail Register of Member's Interests but added that he did not "receive any material benefit from this as I do not play golf".

Joe Brennan, Liam Kelly and Jason O'Brien
Irish Independent

www.buckplanning.ie

Too much politics in planning - architects

CLARE County Council was yesterday named as providing the worst planning service in the country.

The Royal Institute of the Architects of Ireland (RIAI) claimed that less than 40pc of its members were happy with the service provided in Clare, compared to Sligo County Council's 62.3pc satisfaction rate.

But the findings of a survey of 327 architects were rubbished by the Banner County's senior executive planner, John Bradley, who said it was based on just 5pc of all planning applications received in the two-year period under review. A satisfaction survey by the council returned a 70pc approval rating.

"Bald statement made like this can damage our reputation," he said.

"Insufficient documentation or poorly prepared planning submissions are a problem for us. To pick out Clare was disingenuous, to put it mildly."

The survey, published yesterday, shows that architects believe there is too much political interference in the planning process and that local councillors are forcing planners to approve particular developments.

Some 80pc also believe that planning decisions are not taken on the basis of good design, and that there are considerable variations across local authorities on how planning laws are applied.

"This lack of consistency is wasting the resources of architects," RIAI President Sean O'Laoire said.

Irish Independent

www.buckplannng.ie

Dunne faces 'Battle for Ballsbridge'

It has been dubbed the Battle for Ballsbridge. September has been pencilled in for the start of hearings into a string of ambitious building projects in the leafy city suburb.

On one side, developer Sean Dunne and his army of supporters including theatre impresario Michael Colgan and broadcaster Bill O'Herlihy. On the other, businessman Dermot Desmond and a host of residents associations from the country's most exclusive postal district: Dublin 4.

Yesterday, An Bord Pleanala said a public hearing into Mr Dunne's plans to build a 37-storey skyscraper on the site of Jury's and the Berkeley Court Hotel would likely open in early September.

Over 200 presentations are expected in what could be the longest-ever public hearing conducted by the board.

The project has split the community -- with 90 appeals supporting the €1bn grand plan, and 37 opposed. Another 84 parties have made submissions, and have the right to speak at the planning hearing.

Dublin City Council granted planning permission for a large part of the project on the seven-acre Jurys/Berkeley Court site, which Mr Dunne bought for €380m in 2005.

A hotel, shopping centre, 294 apartments, an embassy building, cultural centre, creche and an 18-storey block were all approved, but the jewel in the crown -- a 37-storey tower -- was refused in a split decision.

Mr Dunne, who was not present yesterday, previously said development would not begin until the two omitted buildings were granted permission, either through An Bord Pleanala or Dublin City Council in a later planning application.

Planning consultant Kieran Kennedy, on behalf Mr Dunne's company Mountbrook Homes, offered the Berkeley Court as a venue for the hearing, to loud laughter from the assembled objectors. Up to 25 witnesses will appear on Mr Dunne's behalf over five days. Representatives of businessman Dermot Desmond said he would call three witnesses, which would take "at least" half a day.

Mr Desmond, in a submission to Dublin City Council, said grouping embassies together into one tall building would make them ''a sitting duck for a potential terrorist attack''.

Barrister Colm MacEochaidh, representing 19 residents associations, asked that expert statements be submitted in advance as, while there were parties with "bottomless pits of money who can sit here for months", many objectors had to take time off work to attend. If the number of statements became "oppressive", he would seek an adjournment, he indicated.

An Bord Pleanala inspector Tom Rabbitte said the hearing was likely to take place in early September in Ballsbridge.

Ruthless

Opening submissions would take eight days, with half a day set aside for closing submissions. It was not possible to estimate how long cross-examination of witnesses would take, given the number of parties.

"Because of the large numbers, I'm going to have to be more ruthless. . . " he said. "I don't want the same questions repeated over and over again."

An official date and venue for the hearing will be published in two weeks.

Irish Independent

www.buckplanning.ie

Gasworks residents' plea on hotel

RESIDENTS of the Gasworks development in Ringsend, Dublin 4 have appealed to An Bord Pleanála saying the proposal to turn an apartment building in their complex into a 520-bed hotel would ruin the peaceful enjoyment of their development.

Developer Liam Carroll got planning permission from Dublin City Council last month to turn the Alliance Building into a hotel despite 52 objections. The 210 apartments in the nine-storey cyclindrical building have been vacant since they went on sale two years ago and failed to sell in sufficient numbers to make the scheme viable. Residents of the Gasworks say that the hotel would be too big in a residential complex and would compromise the current mix of uses decided upon in a long planning process "undertaken to establish a compatible mix of uses and coherent land strategy for the successful Gasworks development".

They say the proposed bar leads directly out onto the common pedestrian area of the apartment complex and say apartment owners are required to maintain common areas and gardens "while hotel guests will have the benefit of these and will be free to roam around the complex".

The Irish Times
Irish Independent

www.buckplanning.ie

Planners bid to keep discount store out of top shopping area

A DISCOUNT supermarket chain has a fight on its hands if it wants to take over one of the most fashionable buildings in Dublin's top shopping area.

German discounter Lidl is one of only two businesses targeting the former Habitat store on College Green, just off Dublin's Grafton Street.

But planning body An Taisce has warned it will fight the application, saying upmarket stores are needed, not cut-price retailers.

It has emerged that US clothing giant Abercrombie surveyed the premises but told shocked officials it would not open a store near Grafton Street due to its "poor image and unattractive mix of shops."

An Taisce, the National Trust for Ireland that deals with sensitive planning issues, are opposed to Lidl leasing the illustrious property. An Taisce spokesman Kevin Duff said upmarket retailers, rather than discount supermarkets, were required to make the street more attractive.

"The aim of the conservation area initiative for Grafton Street was to improve the tone of the area with an increased number of so-called 'higher-order' shops," Mr Duff said. "If Lidl leases the building in question, it will be a step back from whatever progress they had made."

Restricted

Consumer and business groups have supported Lidl, claiming consumer choice must not be restricted by an appetite for high-end retailers. Dublin City Business Association chief executive Tom Coffey said a discount supermarket at such a central location would be good news for the consumer.

"We're absolutely in favour of it. It would provide a good service for Dublin city residents who want to purchase groceries at a reasonable price," he said.

A recent report showed Lidl and fellow discount chain Aldi have been the main beneficiaries of the credit crunch, with over 25pc of shoppers now spreading their spending over different supermarkets. The National Consumer Agency report showed that of the shoppers who have changed their habits, 61pc were shopping at Lidl and 54pc at Aldi.

A spokesperson for Lidl was unavailable for comment.

Liam Murray
Irish Independent

www.buckplanning.ie

Crosbie gets go-ahead for 'no star' hotel

DEVELOPER HARRY Crosbie has been granted planning permission to build a no-star hotel - where room rates will start at €50 - to the rear of the Vicar Street music venue in Dublin's Liberties.

In March, Crosbie's plan for an eight-storey 180-bedroom hotel was turned down by Dublin City Council because of its height, massing and proximity to properties on Vicar Street, which it said would "seriously injure" and overshadow residential amenities and other developments in the area.

This time around he was looking to build an eight-storey hotel but on a smaller scale with 1,285sq m (13,832sq ft) of space. He is seeking to build 14 more hotel bedrooms than the last application at 194 but, while he is proposing a creative art studio, he is no longer proposing a workshop/ rehearsal space on the ground floor.

Crosbie has said the hotel will be almost "monastic" in terms of its facilities and will not seek a star rating from Bord Fáilte because it will be "too basic to have any stars".

The most lavish aspect of the development will be the €1 million spent on art works by young Irish artists for the bedrooms. A freight lift will bring patrons to the residents' bar, restaurant and check-in area in a "big glass box on top of the hotel" with city views.

The Irish Times

www.buckplanning.ie

Planners waste architects' time

Sligo is best, Clare worst local authority for dealing with planning applications says RIAI survey of 392 architects

EIGHTY PER CENT of architects believe that planning decisions made by local authorities do not support good quality design, according to a survey commissioned by the Royal Institute of the Architects of Ireland (RIAI).

"The survey results show that we are not in a position to deliver quality in the built environment with current planning practices," RIAI president Seán Ó Laoire said, adding that it was up to the Department of the Environment to improve things.

He identified lack of consistency among local authorities as the main problem, saying this was "wasting the resources of architects who have lodged planning applications as well as that of the local authorities themselves". In the survey of 392 architects, carried out by Behaviour and Attitudes, Sligo County Council was rated as the best planning service provider and Clare County Council as the poorest in terms of dealing with planning applications.

The greatest criticism was that planners were underqualified or under-trained, while 86 per cent felt the system was not good at coping with changes relating to the energy performance, accessibility and sustainability of buildings. Fifty-eight per cent agreed that inconsistent advice at pre-planning meetings resulted in unnecessary redesign work, while just over half expressed concern that only 14 per cent of the local authorities provided an on-the-spot validation service.

Under the 2000 Planning Act, as Mr Ó Laoire noted, a system of checking planning applications for compliance with submission requirements - aimed at ensuring better quality applications - was introduced and this is referred to as validation.

"However, in reality, the validation process has proven to be more time consuming and expensive for many applicants and the local authorities than the actual planning permission process itself," the RIAI president complained.

The survey found that about one-third of all planning applications made by the architects who responded - some 15 per cent of the RIAI membership - were in Dublin, with 22 per cent in the rest of Leinster, 26 per cent in Munster and the rest in Connaught/Ulster.

The 10 best performing local authorities in order of rank were Sligo (6.23), Longford (6.2), Cork City (6.12), Limerick city (6.0), Limerick county (6.0), Monaghan (5.95), Fingal (5.94), Dublin city (5.9), Drogheda borough (5.81) and Louth (5.74).

The 10 worst performing local authorities, as scored by RIAI members, were Clare (3.82), Kildare (3.94), Wicklow (4.0), Kilkenny (4.03), Wexford borough (4.47), Leitrim (4.65), Cork (4.6), Westmeath (4.6), Kerry (4.88) and Offaly (4.9).

The performance of other local authorities in the Greater Dublin area were ranked as follows: South Dublin (5.73), Dún Laoghaire- Rathdown (5.33) and Meath (4.51) - all lagging some way behind Fingal and Dublin City.

The Irish Times

www.buckplanning.ie

Wind farm sites lie idle

Niall Collins of Fianna Fáil accused the energy regulator of blocking proposed wind farms from connecting to the national grid.

Mr Collins said the sites were assessed as being suitable for wind farms. Some have already obtained planning permission but have not progressed to construction stage as licences were not granted by the energy regulator.

He said: “It’s a disgrace that this situation has been allowed to arise and smacks of double-speak The energy regulator has put the public in a terrible position by not allowing more renewal energy sites onto the national grid through the issuing of licences. We are overly dependent on the use of oil and gas-generated electricity for our energy needs.”

He was aware of wind farm sites in Co Limerick which are now lying idle.

Irish Examiner

www.buckplanning.ie

Luas causing aggravating noise, court told

A couple whose home in south Dublin is close to the Luas Green Line have claimed before the High Court that they have been exposed to very serious and aggravating noise on a daily basis since the Luas went into operation some four years ago.

Paula and Vincent Smyth, Cambridge Terrace, Leeson Park, Dublin, have brought proceedings against the Railway Procurement Agency (RPA) and Veolia Transport Ireland Ltd, which operates the Luas on behalf of the agency, while the Attorney General is a notice party to the case.

The couple want injunctions restraining the defendants operating the Luas in a manner that causes a noise nuisance and requiring them to erect an appropriate barrier to reduce the noise.

They are also seeking damages.

The defendants deny the claims, contend that the Luas is being operated in accordance with the terms of the Transport Light Rail Acts of 1996 and 2001 and also plead that the operation of the Luas under those Acts cannot as a matter of law give rise to the nuisance that is alleged.

Opening the case before Ms Justice Mary Laffoy yesterday, Séamus Woulfe SC, for the couple, said their enjoyment of their home has been "severely undermined and compromised" due to noise from the Luas since it began operating in July 2004.

He said the Smyths' back garden was in close proximity to elevated sections of the Luas line running between Sandyford and St Stephen's Green.

During the planning stages of the Luas in the late 1990s, the Smyths, who have lived at Leeson Park since 1992, believed that special noise reduction screens would be erected at certain sensitive locations where the light rail would pass, counsel said.

The Smyths, based on an undertaking by RPA, had a legitimate expectation measures would be put in place to reduce noise levels to within acceptable levels, he said.

However, the failure to install the noise reduction screens had exposed the Smyths to very serious and aggravating noise levels which totally disrupted their enjoyment of their home.

A Luas tram travelled past their home 330 times between 5.30am and 12.30am every weekday, and passed 254 times daily at the weekend.

The Smyths were unable to enjoy their garden or hold a conversation when a tram passed due to the noise.

The glass in the kitchen area vibrated when a Luas passed and it was impossible to entertain guests, counsel said.

The most significant problem was that they were unable to sleep properly at night or in the early morning, he added.

The Smyths' bedroom faced onto the Luas embankment and they regularly had to sleep with the windows shut and wearing ear plugs.

A consultant engineer who measured the noise levels arising from the operation of the Luas found that those levels within the couple's home exceeded acceptable or guideline measurements for residential areas.

Counsel also argued that the defendants did not have an immunity under the Transport Acts from being sued in the matter.

The case is expected to last several days.

The Irish Times

www.buckplanning.ie

Dublin City Council to review ad panels over risks to blind

DUBLIN CITY council is to review the new advertising panels erected by JC Decaux as part of the city bicycle scheme following reports from the NCBI that the structures are unsafe.

The National Council for the Blind of Ireland (NCBI) says the panels, which stand on the public path, are a danger to the visually impaired who risk walking into them or being cut by their sharp edges, because they are unsuitable for people using canes.

NCBI chief executive Des Kenny said the organisation did advise the council in relation to proper finishes for the structures and appropriate placement of the signs during the planning stage, but the advice was not followed in several instances.

"The edges are finished in steel which have not been rounded and if people hit themselves off the edges they will be cut," Mr Kenny said. "Also, they don't go right down to the ground so a cane can travel under them before people meet the wall of glass."

NCBI was calling on the council to order JC Decaux to retro-fit the signs to ensure that they reached the ground and were properly finished, and to ensure that all future signs met these standards.

The council said yesterday that it had already ordered JC Decaux to remove a bus-shelter sized panel on Dorset Street because it obstructed a pedestrian crossing and the views of motorists.

A spokesman for the council said: "We are currently examining whether the signs have been erected at each site in accordance with the conditions attaching to the grant of permission in each case."

The spokesman added it was in the conditions of the planning permissions granted that the advertising panels would not impede pedestrian movement, road signs, traffic lights, pedestrian sight lines, pedestrian crossings or any other road infrastructure.

"In the event that any of the approved signs have been erected and do not comply with these conditions, JC Decaux will be instructed to take corrective action," said the spokesman.

The council would shortly be meeting NCBI and JC Decaux to discuss any concerns in relation to the panels, he said.

The Irish Times

www.buckplanning.ie

Minister says taskforce will oversee future of Dublin Bay ports and lands

THE FUTURE of Dublin and Dún Laoghaire ports and the Dublin Bay lands is to be determined by a new taskforce announced by Minister for the Environment John Gormley.

The Dublin Bay Task Force, the creation of which was a commitment secured by the Green Party in the programme for government, has been mandated to deliver a master plan which will be a "sustainable vision" for the future use of the entire bay area, from Howth Head to Dalkey.

The taskforce, which has been given no deadline to develop the plan, is to conduct an analysis of the current uses of the bay and an examination of the potential impact of climate change. It will also make proposals for extension or revision of existing amenity areas and wildlife conservation areas, including the Dublin Bay special protection area (SPA).

It has been given a remit to examine economic activities in the bay, particularly the port industries, "including the scope for expanding, reducing or removing the existing Dublin Port facilities over time".

Dublin City Council, within whose jurisdiction the majority of the bay is located, has already published a draft plan for the future use of the bay. This study recommended that, to achieve the greatest environmental and economic benefits, Dublin Port should be moved outside the city.

Mr Gormley said yesterday that the removal of the port from the city was planned "at some future date", but that the future of the port lands would still be considered by the taskforce.

However, Dublin Port Company is a member of the task force and has already applied to An Bord Pleanála to expand its lands by infilling 21 hectares of the bay. Mr Gormley said the application was a matter for the board to determine and not himself, but he said he had made it clear that he would be expanding the SPA for wild birds to include the area the port company was seeking to acquire.

The task force includes Dublin city councillors; council officials from the city, Dún Laoghaire-Rathdown and Fingal; representatives of the Dublin Port Company and Dún Laoghaire Harbour Company; representatives of the Departments of the Environment and Transport and the National Parks and Wildlife Service; environmental groups Coast Watch and Dublin Bay Watch; and the Dublin Docklands Development Authority.

The Irish Times

www.buckplanning.ie

Council case against developer adjourned

A case taken by Dublin City Council against a developer who illegally demolished a 19th century convent in Terenure almost two years ago was this morning adjourned until September.

The former Presentation Convent in Terenure, south Dublin was demolished on the morning of November 4th, 2006 at a time when the council was considering proposals to make it a protected structure.

The council ordered the developer to stop unauthorised work on the site and to rebuild the former convent, issuing an enforcement notice in November 2006.

The proceedings were taken under the 2000 Planning and Development Act, which states: "Any person who, without lawful authority, causes damage to a protected structure or a proposed protected structure shall be guilty of an offence."

When the convent was not rebuilt by July 31st 2007, the council initiated legal proceedings against both Kimpton Vale Limited and the company's secretary Lawrence Keegan of Parkmore House, Auburn Drive, Castleknock for failing to comply with the enforcement notice.

At Dublin's District Court this morning, solicitor for the developer asked Judge Patrick McMahon to adjourn the case because the defence side was not yet ready to proceed.

Dublin City Council's solicitor Michael Quinlan asked that the case would proceed today because the demolition had taken place almost two years ago.

The judge said that the convent was already demolished and all sides should be ready before the case went ahead. He agreed to adjourn the case until September 4th.

Irishtimes.com

www.buckplanning.ie

Plan to redevelop Clarence Hotel approved

An ambitious plan to redevelop the Clarence Hotel on Dublin’s Wellington Quay has been approved by An Bord Pleanála, despite a strong recommendation from a planning inspector that it be rejected.

The scheme, devised by architect Norman Foster, involves demolishing the hotel and adjoining buildings on the quay, retaining their façades and constructing a much larger hotel arranged around a dramatic atrium and topped by a flying saucer-style roof.

In his report on appeals against the development from bodies such as An Taisce, inspector Kevin Moore said the proposed development would be "seriously injurious to the visual amenities of the area, would conflict with the policies of the current Dublin City Development Plan, and would, thereby, be contrary to the proper planning and sustainable development of the area".

Mr Moore also said the plan would result in a "visually uncompromising impact on Wellington Quay" and that it would adversely affect the setting of the River Liffey, its bridges and streetscape and a significant adverse affect on important views and vistas along the quays.

He said the scale of new façade on Essex Street East would imbalance the visual coherence of this street, adversely affecting the character of Temple Bar.

The new rooftop element, when viewed from Fleet Street and along the Temple Bar approach from the east, would constitute a "distinctive and discordant structure, dominating views along the streets and eroding the intimate human scale of the historic streetscape", Mr Moore said.

The inspector also said that due to the "significant cultural heritage value of the site, the provisions of the plan as they relate to heritage must weigh heavily in the assessment of this proposal".

"The proposed development performs very poorly in terms of respect for architectural heritage."

The design of the proposed hotel development, the inspector wrote, is "conceptually brilliant but contextually illiterate".

In its submission on the plan, An Taisce said the proposal was inappropriate for protected structures and the historic city centre and that it did not comply with the Department of the Environment's architectural heritage protection guidelines.

The Department of the Environment had also objected to the scheme, saying it could set a precedent for demolishing protected buildings in other areas of the city.

While existing legislation allows for the demolition of protected structures in exceptional circumstances, the Department argued that the scheme was not of such architectural merit as to meet the exceptional circumstances stipulation laid down by the legislation.

The owners of the hotel, who include U2's Bono and the Edge, welcomed the board's decision in a statement today.

“We are delighted that An Bord Pleanala has given us the green light for Norman Foster's design for The Clarence. …We believe it's great news for Dublin and for Temple Bar in particular, where we've been working for over 20 years and where a hotel has been trading on The Clarence site for 177 years," it said.

Irishtimes.com

www.buckplanning.ie

Wednesday, 16 July 2008

Date set for planning appeal on Great Blasket cafe development

LONG-RUNNING plans to provide a cafe and other services on Great Blasket island will be the subject of a Bord Pleanála hearing in Dingle next month.

Organisations and people who are objecting, or submitting reservations about the plans, have been invited to attend the hearing.

Approval was given to Blascaod Mór Teo, the company that owns most of the island, by Kerry County Council last November.

A €10 million Government plan to have the island designated a National Historic Park hinges on the green light being given to the development.

After planning was granted, Dingle solicitor Peter Callery, a director of Blascaod Mór Teo, said the government’s purchase of the island could proceed quickly if there was no appeal to An Bord Pleanála.

But appeals were soon lodged with the board. Concerns were expressed about the size of the building, effects on wildlife and the environment and waste management issues.

Nine parties who submitted objections, or observations, have been invited to the oral hearing. It is scheduled for August 5-7, at the Institute of Education and Celtic Culture, Green Street, Dingle.

As well as the applicants and the council, the following have also been invited to attend the oral hearing: An Taisce, Fáilte Ireland, the Heritage Council, the Arts Council, Sue Redican, Michael Sheeran, Virginia Brownlow, Britta Wilkins and Simon Hambrook.

Some local people are critical of the timing of the hearing, saying they may be too busy to attend as it will be held during the peak tourist season.

Blascaod Mór Teo, which owns 17 of the 25 holdings on the Great Blasket, has been engaged for many years in difficult purchase negotiations with the Government.

The company is seeking to develop a cafe, service building comprising a kitchen, stores, toilets, first aid and ranger room, before reaching a final agreement on its sale.

A previous application for a cafe was turned down, in 2004, on the grounds that the building would be too large and visually obtrusive.

Last November, Mr Callery welcomed the council’s granting of the all-clear for a smaller building.

But he also indicated his company may not go to the expense of submitting a third application in the event of current objections being upheld by An Bord Pleanála.

The decision to grant planning was also welcomed by the Office of Public Works which has been negotiating on behalf of the Government.

Evacuated in 1953, the Irish-speaking island was best known for its writers and storytellers and as a repository of the old Gaelic culture.

A number of ferries take visitors on day trips to the island, lying three miles off the west Kerry coastline.

Irish Examiner

www.buckplanning.ie

Couple bring court case over Luas noise claims

A couple whose home in south Dublin is close to the Luas green line have claimed before the High Court they have been exposed to very serious and aggravating noise on a daily basis since the Luas went into operation four years ago.

Paula and Vincent Smyth, of Cambridge Terrace, Leeson Park, Dublin, have brought proceedings against the Railway Procurement Agency and Veolia Transport Ireland Ltd, who operate the Luas on behalf of the agency. The Attorney General is a notice party to the case.

The couple want injunctions restraining the defendants operating the Luas in a manner that causes a noise nuisance and requiring them to erect an appropriate barrier to reduce the noise. They are also seeking damages.

The defendants deny the claims, contend the Luas is being operated in accordance with the terms of the Transport Light Rail Acts of 1996 and 2001 and also plead that the operation of the Luas under those Acts cannot as a matter of law give rise to the nuisance alleged.

Opening the case before Ms Justice Mary Laffoy today, Seamus Woulfe SC, for the couple, said their enjoyment of their home has been “severely undermined and compromised” due to noise from the Luas since it began operating in July 2004.

He said the Smyth’s back garden was in close proximity to elevated sections of the Luas Line running between Sandyford and St Stephens Green.

During the planning stages of the Luas in the late 1990’s the Smyths, who have lived at Leeson Park since 1992, believed special noise reduction screens would be erected at certain sensitive locations where the light rail would pass, counsel said.

The Smyths, based on an undertaking by RPA, had a legitimate expectation measures would be put in place to reduce noise levels to within acceptable levels, he said.

However, the failure to install the noise reduction screen had exposed the Smyths to very serious and aggravating noise which totally disrupted their enjoyment of their home. A tram passed their home 330 times between 5.30am and 12.30am every weekday and 254 times daily at the weekend.

The Smyths were unable to enjoy their garden or hold a conversation when a tram passes due to the noise. The glass in the kitchen area vibrated when a Luas passed and it was impossible to entertain guests, counsel said.

The most significant problem was that they were unable to sleep properly at night or in the early morning, he added. Their bedroom faced onto the Luas embankment and they regularly had to sleep with the windows shut and with ear plugs.

A consultant engineer who measured the noise levels from the operation of the Luas found those levels within their home exceeded acceptable or guideline measurements for residential areas. Counsel also argued the defendants did not have an immunity under the Transport Acts from being sued in the matter.

The case is expected to last several days.

Irishtimes.com

www.buckplanning.ie

Architects rate Sligo as best council for planning

Eighty per cent of architects believe that planning decisions made by local authorities do not support good quality design, according to a survey commissioned by the Royal Institute of the Architects of Ireland (RIAI).

In the survey, carried out by Behaviour and Attitudes, architects rated Sligo County Council as the best planning service provider and Clare County Council as the poorest in terms of dealing with planning applications.

RIAI president Seán Ó Laoire said the lack of consistency among local authorities “is wasting the resources of architects who have lodged planning applications as well as that of the local authorities themselves.

“The survey results show that we are not in a position to deliver quality in the built environment with current planning practices”, he said.

The greatest criticism was that planners were under-qualified or under-trained, whille 86 per cent felt the system was not good at coping with changes relating to the energy performance, accessibility and sustainability of buildings.

Fifty-eight per cent of respondents agreed that inconsistent advice at pre-planning meetings results in unnecessary redesign work, and over 60 per cent overall said it was up to the Department of the Environment to improve the planning process.

Just over half of the architects expressed concern that only 14 per cent of the local authorities they dealt with in the last two years provided an on-the-spot validation service.

Under the 2000 Planning Act, as Mr Ó Laoire noted, a system of checking planning applications for compliance with submission requirements – to ensure better quality applications – was introduced and this is referred to as validation.

“However, in reality, the validation process has proven to be more time consuming and expensive for many applicants and the Local Authorities than the actual planning permission process itself”.

The survey, which covered 392 RIAI members, found that about one third of all planning applications made by them were in the Dublin region, with 22 per cent in the rest of Leinster, 26 per cent in Munster and the rest in Connaught/Ulster.

Irishtimes.com

www.buckplanning.ie

Tuesday, 15 July 2008

Giant statue approved for Liffey quay

PLANS to erect a 46-metre tall sculpture of a human figure on the River Liffey have been given the green light.

Dublin City Council has granted planning permission to the Dublin Docklands Development Authority to build a black steel lattice sculpture of a human at City Quay by Turner prize-winning artist Anthony Gormley, best-known for his 'Angel of the North' sculpture in the north of England.

Construction work will begin early next year at City Quay, and is expected to cost €1.6m.

Objectors claimed the massive work, which will be just 10 metres shorter than Liberty Hall and the same height as the Statue of Liberty, will dominate views of Dublin Bay from the city centre and relegate existing buildings to 'bit players'.

A petition from local residents also claimed it would over-shadow their homes, with 'adverse disturbance' to the footpath near their homes.

But the city council granted a 10-year planning permission, subject to six conditions.

Among them are a requirement that the DDDA submit full details on the cleaning arrangements for the sculpture, amid fears that it could become home to hundreds of birds. The authority will also have to outline the implications on the surrounding area.

It will also be required to lodge a deposit with the council "to secure the satisfactory maintenance or/and dismantling and disposal of the structure if and where necessary".

A four-week deadline now applies for objections to be made to An Bord Pleanala, which can overturn the decision.

Paul Melia
Irish Independent

www.buckplanning.ie

Top archaeologists urge protection of iconic Tara

THE World Archaeological Congress (WAC) has urged the Government to ensure that no large commercial or residential development is allowed along the route of the controversial M3 motorway.

And the forum, made up of practising archaeologists, has said that excavations carried out along the motorway route in Co Meath -- which runs near the hill of Tara -- were performed to the "highest professional standards".

Last week it was claimed that archaeologists were told to alter their reports to minimise the importance of ancient sites found during excavations, a claim denied by the National Roads Authority (NRA). Yesterday the WAC said it would carry out a report to "sift out" any "misinformation" in relation to the controversial road project.

In a statement issued yesterday, following a week-long gathering at UCD, the organisation said it was opposed to any further development along the stretch of motorway in the Tara/Skryne Valley, and called on the Government to develop protection measures for the site.

"Tara has significance far beyond Ireland itself," President of the WAC, Professor Claire Smith said.

"Its iconic significance derives from its unique cultural character . . . The WAC strongly encourages the Irish Government to instigate formal protection measures for this area and to consider nominating Tara for inscription as a World Heritage Site.

"Prior to the holding of the sixth World Archaeological Congress we sent two senior representatives to look at the issue of the motorway.

"They found that all the archaeological work has been done to the highest professional standards."

A stakeholders' meeting held to discuss the motorway heard "competing and often contradictory claims", and the WAC had decided to commission a report on the Tara discussions so that lessons could be learned.

Paul Melia
Irish Independent

www.buckplanning.ie

Claim serial planning objectors hindering job creation

SERIAL objectors to planning applications in Waterford have been urged to look at the bigger picture as the city faces a downturn in construction.

It was claimed that delaying or halting proposed developments had an impact on employment in the city.

The call came from Councillor Hilary Quinlan, chairman of Waterford City Council’s strategic policy committee on planning and economic development.

He reported to the council on a recent fact-finding trip to Wales where committee members saw, at first hand, the adverse impact uncontrolled out-of-town development can have on city centres.

Mr Quinlan said: “It is more important than ever in the current economic climate that Waterford plays as a united team.

“We simply cannot afford to continue sending out the signal that we’re not fully open for business,; effectively telling developers that they’ll face a tougher time here than in other Irish cities like Limerick, Galway and Cork that we compete with for investment.

“I know from my own terms as mayor of Waterford and meeting people in other parts of the country that the city has earned an unfortunate reputation among developers as a ‘tough nut to crack’ and somewhere that throws up an unusually high number of often frivolous objections and appeals that delay and —– in some cases —– kill worthwhile projects.

This is also evident from the number of Waterford developers now concentrating on other locations in Ireland and overseas.

“From meeting individuals and families around Waterford, I am very aware that the recession is already biting here.

“It is young people and those working in the construction sector or related industries that seem to be taking some of the worst hits in terms of job losses.

“It is no exaggeration to say that the social and economic future of Waterford depends on us attracting significant inward investment of the type envisaged by various schemes proposed for sites in the city.

“Rather than seeking to welcome and facilitate these once they comply with the wider vision for how the city should develop, a small minority of people seem intent on stymieing these projects in favour of the status quo. Some even seem to favour winding back the clock to what they see as the city’s glorious past.”

He said towns like Wexford, Clonmel, Carlow and Kilkenny will put pressure on Waterford’s place in the regional hierarchy.

“These and other locations in the southeast have all had significant retail, leisure and other development during the last five years or so and aren’t content to rest on their laurels or allow Waterford a free run.

“Indeed, some of the developments in south county Kilkenny and east county Waterford that attracted little or no attention from our planning zealots will have an increasing impact on our city centre which is already struggling to maintain its appeal.”

He added: “I have no difficulty whatsoever with people actively engaging in how planning applications are dealt with and there is a very clear pathway for them to do that.

“What I do, however, strongly oppose is the idea that we must have some kind of parallel planning process where those looking to invest in our city are forced through hoops by self-appointed, unelected and unrepresentative planning watchdogs seeking to win long-lost battles and score points for their own petty purposes.

“They seem to regard An Bord Pleanála as the obvious first stop for their grievances rather than a last resort for appeals in cases where there is a genuine concern that the planning authority has erred,” he concluded.

Irish Examiner

www.buckplanning.ie

Fishermen continue to protest over Corrib gas project

OPPOSITION TO the Corrib gas project has moved to sea with a protest by north Mayo fishermen continuing today at Ballyglass pier west of Belmullet.

The protest by the Erris Inshore Fishermen's Association (EIFA) is over plans by Shell EP Ireland to begin laying the gas project's offshore pipeline before reaching any agreement on the gas refinery's controversial discharge pipe.

Some 30 boats and up to 100 fishermen from Killala, Belderrig, Blacksod, Porturlin, Frenchport and Rinroe moved into Broadhaven Bay at noon yesterday as a "show of solidarity".

Shell says it has statutory consents for the discharge and offshore pipelines. A small Garda presence and two Garda rigid inflatables monitored the protest.

The Inshore Fishermen's Association has called on the Government to protect its rights to traditional fishing grounds, following a request by Shell EP Ireland for "co-operation" in laying the offshore pipe between the gas field and a landfall at Glengad.

Shell intends to lay the separate discharge pipe from the refinery into Broadhaven Bay. It said it looked forward to discussions with fishermen on the issue.

Pat O'Donnell, one of the skippers involved in the protest, said that Shell has "not been listening to us for the last eight years".

"Let the Minister for Justice and the Government protect our rights now the way they brought in the gardaí to protect the workers on the gas refinery," Mr O'Donnell said. If Shell wished to remove his crab pots from the pipeline route, it would need a court order, he said.

Eddie Diver, EIFA chairman, said that the protest had "put the lie to Shell spin that the fishermen of north Mayo are not united".

"We will co-operate if the conditions are correct," said Mr Diver. "We cannot accept the location of the outflow pipe with its toxic, heavy metals."

The Irish Times

www.buckplanning.ie

Couple sue builders over €11m land deal

A DISPUTE over a contract for the €11.2 million sale of lands in Co Tipperary has come before the Commercial Court.

Mr Justice Peter Kelly yesterday admitted the dispute between Nenagh Construction Company Ltd (NCCL) and husband and wife Albert and Florence Purcell, of Kilodieran House, Puckane, Nenagh, to the list of the Commercial Court.

The action is over the status of a contract for the sale by the Purcells to the company of 64 acres of lands owned by the couple at Tyone, Nenagh. The Purcells say NCCL must complete the contract while NCCL claims the contract was discharged by mutual agreement in late 2007.

NCCL claims the contract was agreed with the Purcells in February 2005 and that the closing date for the sale was to be 28 days after the granting of planning permission. In October 2007, NCCL secured planning permission to demolish an existing house on the lands and build 61 detached houses there.

NCCL says the development for which permission was granted was not as extensive as it had originally envisaged but it was prepared to proceed.

However, on November 22nd, 2007, Mr Purcell had advised he was rescinding the sale, it is claimed.

NCCL says it accepted the rescinding of the contract but, despite this, the Purcells had later decided not to treat the contract as at an end. Last May, solicitors acting for the Purcells had served a notice on NCCL requiring it to complete the contract.

The Irish Times

www.buckplanning.ie

Rural group criticises cuts to gateway towns project

A GROUP campaigning for sustainable rural communities has criticised a Government decision to defer funding for the Gateways Innovation Fund, which is part of the national spatial strategy.

Minister for the Environment John Gormley announced last week that as part of his department's plan to reduce capital and current expenditure by €48.3 million this year, some €40 million allocated to the gateway fund for 2008 had been withdrawn and €100 million for 2009 deferred.

However, Irish Rural Link chief executive Seamus Boland said the decision was a setback to balanced regional development.

"In the current economic climate a signal to investors that all the regions of Ireland are open for business would have been a very positive message. Unfortunately the Government has sent the opposite signal to the investment community."

He said when the current national development plan was published, interest groups agreed that a crucial measure of its success would be its ability to deliver balanced regional development.

"Balanced regional development is crucial both for Dublin and for the regions. Failure to deliver will mean continuing problems for Dublin, such as congestion, urban sprawl and unaffordable housing.

"For many of the regions outside Dublin the failure to deliver balanced regional development will mean weak labour markets and the out-migration of young people and skilled workers."

Irish Rural Link says the funding was "pretty small" but was important as it "forced regional actors to work with each other to devise imaginative proposals for the region's development".

The gateway towns involved are Athlone/Tullamore/Mullingar, Cork, Dublin, Dundalk, Galway, Letterkenny, Limerick/Shannon, Sligo and Waterford.

Some €300 million was allocated over the period 2008-2010.

The Irish Times

www.buckplanning.ie

Council votes to stop residential building on open spaces

COUNCILLORS IN Dún Laoghaire-Rathdown have voted to close a loophole in their development plan to prevent residential development on open spaces.

The move will prevent developers Cicol Ltd from continuing with a plan to build housing on land known as Dudley's Field, formerly part of the popular urban farm Airfield in Dundrum.

The farm was left in trust to the citizens of Dublin by the Overend sisters. Dudley's Field was controversially sold by the trust to raise funds to enhance the remaining estate.

A Cicol plan to develop 62 apartments and leisure facilities on Dudley's Field was rejected by An Bord Pleanála last October. Last week the High Court upheld the planning board's ruling after the company took a judicial review of the decision.

However, the application was approved in the first instance by Dún Laoghaire-Rathdown County Council.

Under the county development plan, many open spaces in Dún Laoghaire-Rathdown are zoned Objective F to preserve and provide for open space and recreational amenities. However, residential development is "open for consideration" under the zoning.

It was using this loophole that Cicol was able to apply for residential development to the council.

Last night councillors voted to remove the word "residential" from the list of developments open for consideration under Objective F.

Green councillor Ciarán Fallon said it was very important to close the loophole. "Failure to do so would leave open space zoned F throughout the county vulnerable to development."

He said providing breathing spaces was central to the principle of sustainable development.

Labour's Aidan Culhane said the change was "hugely important" in ensuring that situations such as that at Dudley's Field would not be repeated.

"When this council says 'open space' we mean 'open space'."

The Irish Times

www.buckplanning.ie

OSI unveils environmental report service

Potential house buyers can now research the land on which their property is built with the new Environmental Report developed by Ordnance Survey Ireland (OSI).

The report combines data from the OSI, the Environmental Protection Agency and the Geological Survey of Ireland. It includes information on historic flood plains, what the land has been used for in the past, and the land stability on the site.

The data could highlight if the site has previously been used for mining, or if any waste licences have been issued for the land.

The information could also be used by planners, architects, engineers, and the legal profession, as well as current and potential owners. The reports can be generated for areas between 400 metres and 1,000 metres from a specific geo-point, costing between €60 and €150.

The new service is included on the OSI’s new corporate website, which was unveiled today at Farmleigh House by the Minister of State at the Department of Communications, Energy and Natural Resources, Seán Power.

Mr Power said the report was an example of what could be achieved when agencies worked together to meet customer needs.

“This type of initiative endorses what the Taoiseach said recently in relation to the OECD Review of the Public Service, which recommends a greater sharing of information between public bodies,” he said.

“Working together in this way leads to an improvement of services which ultimately makes a very effective contribution to the infrastructural base of business in the economy.”

The new site also links in to the OSI’s Smartmaps service, which allows users to browse the various maps of Ireland before buying them.

Irishtimes.com

www.buckplanning.ie

Monday, 14 July 2008

Massive vessel to work on Corrib pipeline

WORK ON the controversial pipeline to the Corrib gas field is set to start within weeks following the arrival of the world’s largest pipe-laying vessel.

The giant 400m (1,300ft) long Solitaire has been anchored in Killybegs port, Co Donegal, for several days and will be based there during the laying of 83km (51 miles) of underwater pipeline from Glengad in Broadhaven Bay, Co Mayo, to the Corrib gas field.

The Solitaire, which is 96,000 tonnes and requires more than 18m of water when fully laden, welds sections of the gas pipeline on board. The ship is more than twice the size of the world’s biggest fishing vessel, Atlantic Dawn.

When the underwater pipe-laying operation is fully under way, the Solitaire will have a crew of up to 550 on board and 15 support vessels, which will be serviced by existing marine-related services from the new pier at Killybegs.

Joey Murrin, former chief executive of the Killybegs Fishermen’s Organisation, who campaigned for the new pier, said: “It was the best €50 million the government ever spent in Donegal.

“Naturally I am saddened by the state of the fishing industry, but we need alternatives, and I see this pier as part of the future development of Killybegs. Oil and gas is a part of that.”

Jim Parkinson, managing director of Sinbad Marine Services, the company with responsibility for logistics management and crew changing while the pipeline is being constructed, said that the contract would have a huge impact on Killybegs.

“It fits hand in glove with the fishing industry. For three months of the year the port is a fishing port and for nine months it is a commercial port.

“I believe the two can work together. Fishermen can get employment during their off season, and stevedores, crane drivers and ships’ chandlers can all provide their services.”

He believed the benefits for the Killybegs area would continue after the work on the Corrib project is completed.

He said: “We don’t necessarily know what is coming at us but we are flexible, capable, enthusiastic and looking forward to a positive future for Killybegs.”

Shell to Sea, the lobby group opposed to the Corrib gas terminal and pipeline being constructed on land, has hit out at the latest move to build the underwater section.

They claimed that with planning permission for the onshore section still under consideration, work on the offshore section is “extremely premature”. They demanded that the Green Party’s two Cabinet Ministers, John Gormley and Eamon Ryan, halt the offshore work.

The Erris Inshore Fishermen’s Association says it will not be co-operating with Shell on the pipelaying until the company engages with it in a “meaningful way”.

Mayo fishermen who have gear on the offshore route are angry over lack of notice given by the multinational.

The fishermen’s association has serious concerns about the location of the refinery discharge pipe and its impact on the marine environment. It claims it was not informed of the offshore pipelaying plans.

The Irish Times

www.buckplanning.ie

Dublin says yes to giant sculpture in the Liffey

Dublin city council has granted planning permission for Antony Gormley’s 48-metre statue in the River Liffey.

Objectors to the Iron Man wire sculpture had included a group of 96 nearby residents who said it would tower over their houses on the quays. There is a four-week deadline for objections to be submitted to An Bord Pleanala.

There were fears that the statue would become a roost for birds and be coated with droppings. One of the conditions set down by the council is that the Dublin Docklands Development Authority (DDDA), which commissioned the statue, must submit full details of its cleaning arrangements, including the name of the company given the contract to wash it and what times it will do its work.

The DDDA also has to lodge a security “to secure the satisfactory maintenance or/and dismantling and disposal of the structure if and where necessary”.

The authority has also been told that its workmen cannot do construction work on Sundays or public holidays and must finish at 6pm on weekdays and 2pm on Saturdays. The sculpture will take about eight months to erect and will cost €1.6m.

The DDDA said the conditions imposed by the council were “easily satisfiable”.

The authority could have located the statue, which is 80% the height of Liberty Hall, in an area where it needed no planning permission, but chose to site it at City Quay on the seaward side of the Sean O’Casey bridge, to allow for public input.

Gormley, the London-based designer best known for his Angel of the North statue near Gateshead, Tyne and Wear, modelled the sculpture on his own body.

Sunday Times

www.buckplanning.ie

State sold Haulbowline steel plant on the basis it was not polluted

In 1995 the FG-Labour coalition gave buyer Ispat an assurance that the site complied with environmental laws, writes Frank McDonald , Environment Editor.

THE FINE Gael-Labour government of 1995 gave the buyers of Irish Steel an undertaking that there was no pollution on site.

The Irish Steel plant on Haulbowline Island in Cork Harbour was sold by the State to Ispat in 1995 on the basis that it complied with environmental laws - even though the then government had been alerted to a build-up of dangerous wastes.

An investigation of the plant's landfill site, carried out for Irish Steel by engineers KT Cullen in 1995, found samples showing high concentrations of copper, chromium, cadmium, lead and zinc, up to 17 times acceptable levels.

The investigation also found "elevated levels of metals" in harbour sediments adjacent to the landfill. Under a 1981 planning permission granted to Irish Steel, there were no controls on the material being landfilled or on containing leachate from the tip.

It is clear from documentation seen by The Irish Times that the main priority at the time Irish Steel was sold to Ispat for the nominal sum of £1 was to preserve 300 jobs at the plant for at least five years. The sale agreement, signed by then minister for finance Ruairí Quinn TD (Labour) and minister for enterprise and employment Richard Bruton TD (Fine Gael), specified that Ispat would face penalties of £10,000 per job in any year if the number of jobs fell below 300.

A clause in the agreement included a statement that, so far as the minister for finance was aware, Irish Steel "has at all times complied with the terms and conditions attaching to any environmental licences in the conduct of its business . . . the company has not produced, handled, stored, transported or otherwise treated or dealt with in any manner whatsoever on the property any substance, other than in accordance with environmental law and any applicable environmental licence".

Nevertheless, the coalition made a "capital contribution" of £2.36 million for environmental works to be carried out by Ispat, including the installation of a metal recovery plant and the construction of a retaining wall around the tip. This sea wall was never built; of the £2.3 million given to Ispat, it is estimated that only £600,000 was actually invested in environmental works.

Building the wall was one of the conditions of an integrated pollution control (IPC) licence in 2001.

Although Irish Ispat was known to be polluting the environment, it was not one of the industries to be scheduled for IPC licensing by the Environmental Protection Agency as a priority. It was not until 1999 - three years after taking over - that the company had to seek a licence.

Apart from requiring the construction of this retaining wall around the landfill, the licence specified reduced emissions of dust, dioxins and furans from the furnace, as well as "fugitive emissions" from slag handling on site.

It laid down that metal sludge then being deposited on the landfill would have to be "sent off site and disposed/recovered by an agreed hazardous waste contractor". This also applied to other hazardous wastes arising on site.

Irish Ispat decided to close down before the licence was issued, owing creditors €36.9 million. It was owned by Indian steel tycoon Lakshmi Mittal, who according to the Sunday Times Rich List, is worth £27.7 billion (€34.7 billion). The High Court found in July 2004 that the conditions attached to the IPC licence, granted in June 2001, were "onerous", particularly the requirement to build the sea wall at an estimated cost of £25 million.

The court case arose from an action by government ministers seeking to make Irish Ispat (then in voluntary liquidation) responsible for a clean-up. The State side issued a summons against the firm and Ispat International on May 21st, 2003, claiming damages for nuisance, negligence, breach of statutory duty, breach of contract and allowing escape of "deleterious matter".

Geraldine Tallon, now secretary general of the Department of the Environment, said in an affidavit there was "serious environmental pollution at the site in Haulbowline as a result of holding, recovering or disposing of waste by the respondents [Irish Ispat]".

The State was seeking to require Ispat to dispose of radioactive scrap and sources, demolish contaminated buildings, rectify the site's polluted drainage system and remediate the landfill site, including the removal of PCB (polychlorinated biphenyl) "hot spots".

But liquidator Ray Jackson argued that steel-making had been carried on for more than 60 years and it would be unfair if creditors had to bear the clean-up cost.

Judge Mella Carroll ruled that, because the licence was granted after Ispat had ceased production, its conditions could not be applied retrospectively. She also found the pollution was a legacy of 60 years of steel-making.

In 2005, after ownership reverted to the State, the Department of the Environment commissioned consultants White Young Green to investigate the site. They concluded that there was no "immediate threat" to human health or the environment. The same consultants have been engaged by John Gormley to carry out an "independent and rigorous assessment of site conditions following extensive unauthorised works by sub-contractors of Hammond Lane Metal Company Ltd".

This assessment, which started last week, will involve analysis of soil, slag, dust, surface and ground water samples. It is known that carcinogenic chromium 6 is present.

The site will have to be remediated. No one can say how much this will cost, but it is clear taxpayers will have to pay.

The Irish Times

www.buckplanning.ie

Sunday, 13 July 2008

Planning & Development - Irish Times' Summary

I have been asked to include the following Irish Times's Planning & Development Summary. Here it is.

A selective guide to planning in your area.

An Bord Pleanála

APPEALS

Location: site at junction of Appian Way and Leeson Street Upper, Dublin 6. Proposed Development: erect nine residential units in a five-storey building with all site works. Applicant: Ashwalk Limited.

Location: The Hawthorn Hotel, 44 Main Street, Swords, Co Dublin. Proposed Development: demolish mid-terrace 10-bedroom hotel, bar and ancillary structures and construct a new 30-bedroom hotel with bar and ancillary facilities. Applicant: The New Hawthorn Limited.

Location: Government Buildings, Sullivan's Quay, Cork. Proposed Development: demolish existing Government office building for a mixed use development consisting of retail, offices, hotel, 10-storey tower, car parking and all site works. Applicant: Ascon Property Developments Limited.

DECISION TO GRANT

Location: Saint Bricins Park, Dublin 7. Proposed Development: demolish existing 68 bedsit-type units for a sheltered housing development comprising 90 sheltered house units in tree blocks, day care centre, Alzheimer unit and associated site works. Applicant: The Circle Voluntary Housing Association (with revised conditions).

Location: Sillogue 8, lands occupied by flats block 73-96 and 97-128 Sillogue Avenue, Ballymun, Dublin 11. Proposed Development: demolish creche and construct 61 dwellings with associated services. Applicant: Fiona Scully, Ballymun Regeneration Limited (with revised conditions).

Location: Jack Restan Displays, Walkinstown Avenue, Dublin 12. Proposed Development: mixed development comprising the demolition of existing building and the erection of two buildings comprising 24 apartments, office, retail and all site works. Applicant: JM and R Restan (with revised conditions).

DECISION TO REFUSE

Location: Woodlawn and Smallacre, Church Road and 43 Watson Road, Killiney, Co Dublin. Proposed Development: demolish two houses for 51 dwellings with associated site development works. Applicant: Highland Estates (Prospect) Limited.

Location: Errigal, Marine Court Centre, James Terrace, Malahide, Co Dublin. Proposed Development: demolish house, office and outbuildings; alterations to 12 James Terrace (protected Structure); construct a four-storey commercial building, one-storey penthouse apartment and site works. Applicant: Val and Mary Keating.

Dún Laoghaire Rathdown

APPLICATIONS

Location: Wesley College Dublin and Dundrum, Methodist Church, Ballinteer Road, Ballinteer, Dublin 16. Proposed Development: (a) new church building and car parking area; closing of the existing Wesley College access along the Old "Ludford House" driveway to motor traffic. A portion of the proposed development is in the vicinity of Ludford House (protected structure). Applicant: The Trustees of the Methodist Church of Ireland.

Location: Laurel Cottage, Lanesville, Monkstown, Co Dublin. Proposed Development: demolish existing cottage for five apartments in two blocks with all site works. Applicant: Brendan Flynn.

DECISION TO GRANT

Location: Avondale Business Park, Carysfort Avenue, Blackrock, Co Dublin. Proposed Development: demolish office buildings on site; the refurbishment of part of Avondale Hall (protected structure) for office use and the construction of two office buildings to provide for a total of 4,657sq m office accommodation. Block A will be a four-storey block and will front onto Carysfort Avenue and Block B will be a three-storey and part four-storey office building. Provision of 45 car parking spaces at basement level and 28 spaces at surface level. Applicant: Halemarket Limited.

DECISION TO REFUSE

Location: 2.6 hectare site Sandyford Gateway at Beacon Court, Sandyford Industrial Estate, Sandyford, Dublin 18. Proposed Development: permission for a mixed use scheme consisting of seven buildings as follows: Building R2 comprises a single-storey podium building and will include local and neighbourhood shops, foyers, plant areas and louvred screen; Buildings A1-A3 will range in height from 12 to 16 storeys and will consist of residential units; Building R1 comprises a single-storey podium and will include local and neighbourhood shops and entrance foyers; Buildings B range in height from six to 10 storeys and will comprise office accommodation, a full height atrium space, entrance foyers and plant; Building C comprises 24 floors and will consist of 19 floors of residential accommodation incorporating a sky garden, leisure facilities and cafe and two- to four-storey podium consisting of health and leisure uses, library, creche, cafes/bars/restaurants. The development will have a gross floor area of 93,226sq m. The residential accommodation will consist of 375 units with three basement car parking levels comprising 1,130 spaces, landscaping and site works. Applicant: Landmark Developments.

Location: Harolds Grange Road, Rathfarnham, Dublin 16. Proposed Development: demolish four dwellings and outbuildings and stables on lands known as Deerfield and Grange Hill for 301 apartments. Applicant: Rod McGovern.

Dublin City Council

APPLICATIONS

Location: Cumberland House, 48-61 Fenian Street and 34-40 Boyne Street, Dublin 2. Proposed Development: demolish existing office blocks, substation and car park on site and construct two buildings ranging in height from four to eight storeys. The scheme provides for a mixed use development of office and retail use. Block A will be a seven- or eight-storey building and will have retail and office space. Block B will be a four-storey building and will consist of office space. Provision of 73 car parking spaces, landscaping and site works. Applicant: Morretino Limited.

Location: Sheriff Street Upper, Dublin 1. Proposed Development: erect a building ranging in height from eight to 10 storeys consisting of four levels of basement car parking (314 spaces). The proposed accommodation will consist of reception foyer area, restaurant/cafe bar and multimedia library, office areas. All associated site and development works. Applicant: Dean Waste Company Limited.

Location: Hume House, Pembroke Road, Ballsbridge, Dublin 4. Proposed Development: Demolition of Hume House and construction of an office building with a gross floor area of 29,802sq m comprising part seven storeys, part 11 storeys and part 14 storeys with an overall height of 62.27 m. Sixty car parking spaces at basement level. Vehicular and bicycle access/egress is provided from Shelbourne Lane. The proposed development includes 350 bicycle spaces at basement level. Applicant: Mountbrook Riverside IV Development Limited.

Location: 65 Fitzwilliam Square, Dublin 2. Proposed Development: The change of use of Number 65 Fitzwilliam Square and the mews building to the rear from office to residential use. The development will include minor works to the external facades consisting of the cleaning of stonework plinth and sills to the front and rear facades and minor repairs to the slate roofs, minor internal alterations will consist of works to renew the existing original hardwood windows, doors and other joinery items, the repair of plasterwork, repainting, the removal and construction of contemporary partitions and the addition of a new kitchen. The development will also include minor works to the roof, door and window joinery of the mews and the reconfiguration internally of the existing staircase. Applicant: John Ronan.

DECISION TO GRANT

Location: rear of Russell Court Hotel, 21-25 Harcourt Street, adjoining site at rear 26 Harcourt Street and 3,4 and 5 Camden Place, Dublin 2 (protected structure). Proposed Development: permission for extension to rear of hotel. The proposed development will consist of a three-storey building with penthouse setback over basement levels at 3,4 and 5 Camden Place which will be linked to rear of existing modern extension at rear of hotel. The development will also include the demolition of existing two-storey dwelling located at the rear of 26 Harcourt Street, to be rebuilt to two storeys and connecting into the rear of the Russell Court Hotel. Construction of three-storey building with penthouse setback consisting of (a) reception area, banqueting hall and ancillary service areas, (b) 20 guest bedrooms, lifts and stairs on first and second floors, (c) entertainment lounge, holding kitchen, lifts and stairs at penthouse level. Provision of 38 car parking spaces. Applicant: Triglen Holdings Limited.

Location: site at Baggot Street Upper to north (including 27-33 Baggot Street Upper) and Fleming's Place to south (including Fleming's House) and The Durrow Mews) 16 Fleming Place), Dublin 4. Proposed Development: demolish all existing structures on site and construct a mixed use building with building heights ranging between five and eight storeys with a setback nine-storey penthouse. The development will consist of office space, gym and retail space. A double-level basement car park with 125 car parking spaces, landscaping and site works. Applicant: Pewley CMBS (Propco) Limited.

South Dublin

APPLICATIONS

Location: Ashleaf Shopping Centre, Crumlin Cross, Dublin 12. Proposed Development: demolition of 3,559sq m, the refurbishment of 2,960sq m, the continued use of 12,394sq m and the reorganisation of existing floorspace and new construction, resulting in a total gross floor space of 28,084sq m, excluding car parking at basement level of 14,482sq m. The proposed development will consist of an increase of retail space from 7,857sq m to 10,926sq m, an increase in office use from 2,367sq m to 2,653sq m, an increase in the medical centre from 247sq m to 323sq m, the decrease of non-retail services from 714sq m to 238sq m and a decrease in public bars from 3,209sq m to 214sq m, the provision of an 80-bed aparthotel and 40 residential units comprising four one-bed apartments, 33 two-bed apartments, three three-bed apartments and an increase in car parking by 11 spaces to 557 spaces. The scheme will be arranged over five levels. Applicant: Gary Smith.

Location: Kishogue, Clondalkin, Dublin 22. Proposed Development: Park and Ride facility with 400 car spaces over three levels and associated circulation and ancillary areas to serve Kishogue Rail Station. Permission is sought for landscaping, ancillary development, taxi rank, bicycle shelter and all associated site and development works. The proposed development is within the boundary of the proposed Clonburris Strategic Development zone. Applicant: Burris Properties Ltd. DECISION TO GRANT

Location: Adamstown, Lucan, Co Dublin. Proposed Development: 39 apartments (seven one-bed units, 23 two-bed units and nine three-bed units) in a four-storey building over basement with a total gross floor area of 3,496sq m. A total of 39 car parking spaces including 3 disabled parking spaces to be provided at basement level accessed via a ramped entrance road. Private and semi-private open space to cater for the development is provided in a mix of balconies, terraces, and semi-private landscaped gardens. Forty bicycle parking spaces are proposed at basement level, with a further 12 bicycle parking spaces for visitors provided at surface level. The development will take place entirely within the boundaries of Adamstown Strategic Development Zone. Applicant: Castlethorn Construction.

Fingal

APPLICATIONS

Location: site of Kenure Park, east of Kenure Woods and west of Golden Ridge Residential development, Rush, Co Dublin. Proposed Development: erect 91 dwelling units which will form Phase 3 of residential development to consist of 67 townhouses and a three-storey apartment block comprising 242 two-bed units. Provision of 152 car parking spaces, landscaping and site works. Applicant: Knightstone Construction Limited.

DECISION TO GRANT

Location: The Rath, Rowlestown, Swords, Co Dublin. Proposed Development: erect 18 detached two-storey dormer type dwellings comprising four three-bed, 10 four-bed and four five-bed units. Applicant: J Callan and G Duffy.

Location: Donabate Railway Station. Proposed Development: works within and adjacent to the curtilage of a protected structure comprising the construction of 145 additional car parking spaces including 18 parking bays. Taxi/car set-down area, bicycle storage and associated site works including lighting and boundary fencing. Applicant: Iarnród Éireann.

Compiled by Mary Hetherington

The Irish Times

www.buckplanning.ie

D16 apartment plan rejected

A proposal to build over 300 apartments on Harold's Grange Road, Rathfarnham, Dublin 16, has been shot down by Dún Laoghaire-Rathdown County Council. Developer Rod McGovern wanted to demolish seven houses and build 301 apartments and duplexes, a creche, neighbourhood shop and cafe in six blocks rising to seven storeys. The local authority has ruled that its layout and design, bulk, height, scale and density "would be visually incongruous at this location". The development would "fail to provide a high standard of amenity for future occupants" because of the proximity of balconies to major roads, it said.

The Irish Times

www.buckplanning.ie

Ronan's plan for Fitzwilliam

Treasury Holdings developer Johnny Ronan is seeking planning permission from Dublin City Council to refurbish 65 Fitzwilliam Square North, Dublin 2. As well as work to the roof and external façade, he is looking to restore the original windows and repair the plasterwork and planning to install a new kitchen.

Last year Ronan caused a stir when it emerged that he bought the freehold to Fitzwilliam Square. Residents were concerned that he would build an underground car park beneath the square's communal gardens. Ronan denied having any plans for a car park but said he wanted to enhance the park and improve its layout.

Irish Times

www.buckplanning.ie

An Taisce hits plan for 10-storey Cork tower

AN TAISCE has criticised a proposal for a 10-storey cylindrical tower as part of a major redevelopment of Government Buildings in Cork city as "an unacceptable intrusion" in a medieval part of the city.

Ascon Property Developments is proposing to demolish Government Buildings on Sullivan's Quay and build three blocks around a central pedestrian street and a courtyard, mostly four to eight storeys in height apart from the tower.

The development includes a 183-bed hotel, around 4,500sq m (48,437sq ft) of shops and 925sq m (9,956sq ft) of offices.

In an appeal to An Bord Pleanála, An Taisce says the 10-storey element on the corner of Sullivan's Quay and Meade Street, would create a "canyon effect" on a narrow stretch of river.

It says the tower wouldn't complement the quayside, river or Grand Parade vista "and does not properly address the existing urban form in the city centre of Cork".

Calling it "detrimental" from an easterly direction, along the river corridor from Parliament Bridge and further east "where much of the quayside architecture is 18th and 19th century".

However, praising the overall design of the scheme, it says it regards it as "a quality contemporary statement to replace the existing degraded structure, rightly described by the architects as an eyesore" and asks that the tower be reduced in size to the same height as the rest of the complex.

The Irish Times

www.buckplanning.ie

Landmark's Sandyford plan refused

DÚN LAOGHAIRE-RATHDOWN County Council has refused Landmark Developments planning permission for its Sandyford Gateway development at Beacon Court, Dublin 18.

The council says the size of the development proposed is in excess of anything estimated under the Sandyford and Stillorgan Land Use and Transportation Study published in December 2006.

Landmark Developments, controlled by Paddy Shovlin and brothers Pat and Tony Fitzpatrick, was looking to build 35,077sq m (377,565sq ft) of office accommodation, 375 apartments, a library, creche, local shops, cafe and 7,745sq m (83,366sq ft) of open landscaped space.

The tallest building would have been 24 storeys and there would also would also have been 19 floors of residential units and a sky garden.

Three other buildings of between 12 and 16 storeys would have residential units.

In its decision, the local authority says that as a result of the massing, scale, height and siting at this pivotal location on the periphery of Sandyford Business Estate, the proposed development would be "intrusive, overbearing and would be perceived to overshadow and depreciate the value of adjacent properties".

Another reason given was that it would be visually obtrusive and to permit it would set an undesirable precedent for similar developments within the Sandyford Business Estate.

It also said the existing road network, public transport and environmental infrastructure does not have the capacity to cater for the scale of development proposed.

The developer's original proposals for the 6.4-acre site were refused permission by the council last year on a number of grounds, including height and lack of open space.

That scheme incorporated a 23-storey tower, 565 residential units and office and leisure facilities in eight blocks.

The Irish Times

www.buckplanning.ie

Luas on track as profits up to €6.6m

DUBLIN's Luas light rail system made a profit of €6.6m last year, an increase of €2m on 2006.

And the Railway Procurement Agency (RPA) said that numbers using the system rose by 10pc in 2007, with 28.4 million passengers choosing to use the tram over the private car.

In its annual report, the RPA also said it expected passenger numbers to grow in 2008 and that it had completed a programme of providing longer trams on the red line to Tallaght, which would provide 40pc more capacity.

The €6.6m surplus will be maintained in a reserve, established to provide funding for future refurbishment of Luas infrastructure.

Over 99pc of services ran on time, and almost seven in 10 Luas passengers use the system four times a week, with 53pc using it to get to work. Meanwhile, 36pc use it to shop, and 30pc for leisure activities.

Irish Independent

www.buckplanning.ie

Unesco backs report on management of Skellig

MINISTER OF State at the Office of Public Works Martin Mansergh has welcomed a decision by Unesco’s world heritage committee to approve a report on State management of Skellig Michael.

“The Office of Public Works (OPW) has always maintained that the conservation work being undertaken on Skellig Michael is to the highest standard,” Dr Mansergh said.

“The OPW craftsmen and archaeologists working on site are highly experienced and have undertaken many restoration and conservation projects before,” he said.

Aspects of the OPW’s management of the world heritage site at Skellig Michael are the subject of criticism in the Unesco mission report, which was approved by the organisation’s world heritage committee in Quebec, Canada, this week.

The report was undertaken in response to concerns about State management and the OPW conservation programme.

Unesco found that while the conservation works have “dramatically” transformed the appearance of remains on the South Peak, they are “justifiable” and the “outstanding universal values” remain intact.

It recommends that a site manager be appointed to liaise with all stakeholders, that conservation work be documented in an academic publication, and that a “durable agreement” be negotiated with the Skellig ferry operators.

Minister for the Environment John Gormley, who is responsible for management policy, has published the complex’s first management plan this week and has welcomed the Unesco study as “very positive”. Dr Mansergh said that despite “criticism by a small number of concerned parties”, the Unesco findings were a “welcome validation and endorsement of the work being carried out by my office”.

“I am certain that this will, for once and for all, satisfy anyone who has had misgivings about the work being undertaken by OPW,” he said. The OPW was proud to have played a full part in preparing a management plan by the Department of the Environment, he added.

Absence of a management plan was one of the criticisms levelled by archaeologist Michael Gibbons, who maintained that serious damage had been done to the South Peak oratory, including destruction of an altar.

It was built some time between the 6th and 8th centuries when three terraces were laid out by monks on the edge of rock some 218m (715 ft) above sea level.

Unesco said that because the rationale for the conservation works by the OPW and the actual process was “largely discussed in-house”, criticisms were “inevitable” and this was exacerbated by a “lack of publication”.

The Irish Times

www.buckplanning.ie

CPO approved for Tralee bypass

The biggest road project ever planned for Kerry is proceeding to land acquisition.

The National Roads Authority has told Kerry County Council it approves the publishing of the compulsory purchase order for the Tralee bypass.

Estimated at €160 million, the Tralee bypass will link the Listowel road to the Killarney and Castlemaine road. It will include 8km of dual carriageway. Environmental impact studies and route selection were completed some time ago.

A council spokesman described the publication as "a huge step" for the road, which has been planned for years. About 100 landowners will be affected by the CPO, he said.

The Irish Times

www.buckplanning.ie

Planning board gets 127 appeals on Ballsbridge tower

AN BORD Pleanála is to hold a preliminary meeting next Wednesday to deal with the 127 appeals it received on developer Seán Dunne's plans for the Jurys/Berkeley Court hotel sites in Ballsbridge, Dublin.

Most unusually, 87 of the 127 appeals are in support of the high-rise scheme, including one lodged on Mr Dunne's behalf seeking to reinstate elements that were omitted by Dublin City Council's planners - such as a proposed 37-storey tower.

The number of appeals is unprecedented for a planning case and processing them is known to have strained the board's resources. It now wants to establish how many of the appellants will attend a full oral hearing.

A spokeswoman for An Bord Pleanála said it had never before held a preliminary meeting to deal with a planning appeal. But the number of appellants in the Jurys/Berkeley Court case meant that there would be a "logistical problem" if they all turned up.

However, she emphasised that appellants who did not attend the preliminary meeting would still he heard if they turned up for the subsequent oral hearing, for which a date has yet to be set; it is expected to last for at least a week.

Among those who have made appeals in favour of the development are Gate Theatre director Michael Colgan, who is cultural adviser for the project; public relations consultant Bill O'Herlihy and Shrewsbury Road resident and businessman Michael Maughan.Other appellants include four solicitors' firms (Johnsons, James Lucey Sons, Lennon Heather and Donal T McAuliffe) and four estate agents/chartered surveyors (CBRE, Colgan and Cox, Matt Dunne and Associates and Marion Chalmers of DTZ).

Three prominent builders also lodged appeals on Mr Dunne's side - GT Crampton, Ascon and Rohcon - and he also has the support of restaurateurs May Frisby of Pasta Fresca, Ann-Marie Nohl of the Expresso Bar and Kevin Arundel, of the Schoolhouse.

Fourteen letters from other appellants with addresses in Dublin 2 or Dublin 4 are in the same format, using the same layout and typeface, as if they were generated on a single computer. All were received on the same day and fees of €220 each were paid in cash.

Though the content of these letters is different, all express the writers' dismay at the city planners' decision to reject the proposed 37-storey tower, which is variously described as "magnificent", "iconic" and "the finest piece of architecture I have seen".

On the opposite side of the argument, planning consultants MacCabe Durney have compiled a detailed report for 11 residents' associations in the Ballsbridge area, all of whom are seeking to have the proposed development rejected in its entirety. Other appellants include billionaire financier Dermot Desmond, a resident of Ailesbury Road, who says the height and scale of any development should reflect the city's character and that he will be producing European examples at the oral hearing.

Substantial documents have been submitted by An Taisce, the Pembroke Road Association and a number of local residents, some of whom engaged their own planning consultants. These include former restaurateur Peter White, of Wellington Road.

Meanwhile, a Bord Pleanála oral hearing on more than 20 appeals relating to a proposed high-rise scheme by Glenkerrin Homes for the former veterinary college site in Ballsbridge is due to open on July 23rd.

The Irish Times

www.buckplanning.ie

Property developer in row with brother over new driveway

A BITTER dispute has erupted between two brothers -- one of whom is one of the biggest property developers in the country -- over a driveway.

Michael O'Flynn, Managing Director of O'Flynn Construction, is accused by his brother Laurence of building a driveway which breaches the planning permission given and which obscures his vision of the countryside.

Both Michael and Laurence O'Flynn live on land at Kilcrea in Ovens, Co Cork, which was originally the family farm.

Ciaran O'Loughlin, counsel for Laurence, told Cork Circuit Civil Court that his client lives in a house on the farmland with the rest of the property belonging to Michael.

Mr O'Loughlin said Michael applied for and obtained planning permission to build a "substantial house" on the property.

However Laurence contends that a new driveway is in breach of the planning given and obscures his view of the surrounding countryside from his home.

Mr O'Loughlin said there is a large mound of earth on the driveway that "obscures the hinterland" for his client.

Counsel claimed Michael's driveway was "a flagrant abuse of planning permission".

Mr O'Loughlin added that the driveway had been laid out in an entirely different way from what was specified in the planning permission.

He said the driveway was not terribly significant in the overall scheme of things other than in the negative impact it had on the view from Laurence O'Flynn's house.

Judge Moran said he needed to make a visit to the properties in Ovens in order to decide the case.

The case continues today.

Olivia Kelleher
Irish Independent

www.buckplanning.ie

Controversial waste plant denied planning approval

THE COUNTRY'S leading racehorse trainer Aidan O'Brien said yesterday he was "over the moon" following An Bord Pleanála's decision to refuse planning permission for a waste treatment plant close to his Ballydoyle Racing Stables and the Coolmore Stud in south Tipperary.

Mr O'Brien said the proposed development "would have destroyed Ballydoyle . . . closed us down and ruined all the land in terms of raising horses".

A joint venture company, Green Organics Energy Ltd (GOE), had sought approval for the facility at Castleblake near the village of Rosegreen on a site which had traditionally been used for rendering animals.

The €100 million plant was intended to process waste from meat factories as well as household organic "brown-bin" waste. GOE planned to process the waste using a system known as anaerobic digestion to generate "green" electricity for the national grid and biodiesel for cars.

An Bord Pleanála, while acknowledging "the desirability of providing such facilities", rejected the proposal claiming that it would be "prejudicial to the viability of the equine industry in this area".

The planning authority noted that it is "the policy of the Government to support the equine sector" and the proposed development would be located "in an area of national importance for the bloodstock industry".

Mr O'Brien said: "We are delighted here at Ballydoyle with this decision. I want to pay tribute to the many individuals and organisations throughout this community for their hard work in campaigning against this development."

A spokeswoman for GOE said the company "has not had sight of the decision and will be reviewing it in detail when it is available."

The decision and the inspector's report have been posted on the Bord Pleanála website.

The venture was backed by three Irish companies, Dawn Meats, Bioverda (a unit of conglomerate NTR) and Avglade, a holding company controlled by Tipperary businessman Louis Ronan.

The proposal was the subject of a 12-day public hearing conducted by An Bord Pleanála in Clonmel last February which heard statements from expert witnesses and attracted large crowds including many employees of both Ballydoyle Stables and Coolmore Stud. The hearing was told that John Magnier's Coolmore Group - one of the industry's most successful operations - could be forced to relocate away from Co Tipperary if the plant received approval.

In his testimony, Aidan O'Brien claimed the proposal "would be a disaster" and negatively impact on the health of horses at Ballydoyle.

Former attorney general Rory Brady SC, who led the legal team for GOE, said the case was "fundamentally a clash between modernity and a fear of change".

Paul Barrett, the project's manager, claimed that such facilities were necessary "if Ireland is to succeed in meeting our commitments under the Kyoto Protocol". He claimed the proposed plant would "displace up to 250,000 tonnes of carbon emissions per annum from fossil fuels, provide green electricity for 40,000 houses . . . and biofuel to fuel 32,000 cars per year." The company said that the plant was essential for the Irish meat processing industry which is currently obliged to export waste for incineration.

Yesterday, Maurice Moloney of Coolmore Stud described the decision as "a great result for common sense" and expressed "a heartfelt thank you" to "the people of south Tipperary".

The decision was also welcomed by local community activist group South Tipperary for Clean Industry. Spokesman Douglas Butler said: "This refusal will protect the environment and our well-established equine industry."

The proposal had been opposed by politicians of all parties in Co Tipperary. Dr Martin Mansergh, a Fianna Fáil TD for the constituency, had told the hearing: "If we have to have dirty industry in this country, then a better place needs to be found for it, well away from human habitation and acutely environmentally sensitive activities."

The Irish Times

www.buckplanning.ie

Wednesday, 9 July 2008

Gormley: Haulbowline waste may have been used in roads

ENVIRONMENT Minister John Gormley last night admitted there was “anecdotal evidence” that material was removed from the toxic Irish Steel plant in Haulbowline, Co Cork, and used in the construction of roads.

He made the admission in a written response to a parliamentary question from Cork TD Ciaran Lynch.

But in a subsequent Dáil debate on the issue, Mr Lynch said the evidence was “more than anecdotal”.

He quoted from a 1998 Cork County Council letter that suggested slag — waste material generated in the production of steel — had been removed from the site.

Mr Lynch used parliamentary privilege to name two companies he believed had used the slag for state road construction projects.

The companies are Road Maintenance Services Ltd and Road Binders Ltd, both with offices in the Maynooth Business Campus, Co Kildare and subsidiaries of Colas, a French road construction company.

In the written response to the earlier parliamentary question, Mr Gormley said no material had been removed from the site since his department took custody of it in June 2003. However, he admitted there was “anecdotal evidence” to suggest slag may have been removed for road construction before that date.

Irish Examiner

www.buckplanning.ie

Unesco report criticises Skellig work

A UNESCO report on State management of the world heritage site at Skellig Michael off the Kerry coast has found that conservation works have "dramatically altered" the appearance of surviving remains on its South Peak.

However, the 6th century monastic outpost will still retain its "outstanding universal values" intact if the conservation work is documented in an academic publication, the Unesco mission report has found.

The report, due to be released today by the Unesco world heritage committee in Quebec, Canada, has been welcomed by Minister for the Environment John Gormley. He is also publishing the first management plan for Skellig Michael today.

The Unesco study upholds some of the criticisms of State stewardship to date, in recommending that a site manager be appointed. It also says that a "durable agreement" should be negotiated with Skellig Michael ferry operators.

It recommends that an academic advisory committee be appointed by the Office of Public Works (OPW), and it is critical of the OPW for failing to consult with archaeologists and other stakeholders before embarking on the South Peak conservation works.

The Unesco mission to Skellig Michael took place late last year as a result of concerns highlighted by independent archaeologist Michael Gibbons, and submissions from organisations such as the Royal Irish Academy and the Skellig boatmen. A draft management plan had already been initiated in response to the criticisms.

While the OPW has responsibility for management of the complex, Mr Gormley's department is responsible for policy.

Mr Gibbons maintained that serious damage had been done to the South Peak oratory, including destruction of an altar. It was built by the island's monks some time between the 6th and 8th centuries when they laid out three terraces on the edge of rock some 218m (715 feet) above sea level.

An "over-restoration" by the OPW had resulted in a "reconstruction" of sections of the oratory rather than conservation of the original, Mr Gibbons claimed. He also queried why no management plan had ever been published since it was given world heritage status in 1996.

The Unesco report summarises the criticisms as a failure to apply best archaeological practice, and a perception that the OPW conservation plan was driven by "architectural rather than archaeological imperatives".

"Because the rationale for the works and the actual process was largely discussed in-house, criticisms were inevitable," it says, and this was exacerbated by a "lack of publication".

"The new work is in its own way almost as remarkable as the original work. The monument as now reconstructed will become the popular vision of Skellig. For this reason it is essential that detail of the works should always be made explicit and the new work should be distinguishable from the old in all future publications," the report says.

In securing an agreement with the Skellig boatmen, the Unesco committee recommends that the OPW invites the boatmen to an annual meeting, and it should establish and publicise future criteria for the issue of permits.

It also emphasises the need for a site manager to liaise between official and stakeholder interests. It says that a detailed visitor study should be carried out and an environmentally acceptable solution should be found to the lack of toilet facilities on the island.

Mr Gormley has welcomed the "very positive findings", and says that his 10-year management plan aims to "protect, conserve and promote an appreciation of Skellig Michael".

The Irish Times

www.buckplanning.ie

No decision taken on future of Metro North, says Cowen

NO DECISION has been made about the future of the Metro North public transport project, according to Taoiseach Brian Cowen. Labour leader Eamon Gilmore asked Mr Cowen during Dáil Question Time about the project to connect Dublin airport and the Swords area with the city centre.

Referring to the Cabinet subcommittee on infrastructure, Mr Gilmore asked: "Has the Government decided to drop or defer the Metro North project and, if so, will the Cabinet subcommittee on infrastructure deal with that Government decision?"

Mr Cowen: "No such decision has been made by Government."

Mr Gilmore: "I thank the Taoiseach for telling the House the Metro North project is going ahead as planned. That is what I understood from his answer and if he wants to correct that, I am happy to hear what he has to say."

Mr Cowen said Mr Gilmore "suggested that a decision had been made or rather he seemed to suggest that he had knowledge of a decision made to cancel Metro North and I clarified that that was not a correct perception."

The Labour leader asked if the Cabinet subcommittee would be "asked to consider any other changes to the infrastructure programme arising from the decisions made at today's Cabinet meeting".

The Taoiseach pointed out that the Cabinet subcommittee on infrastructure will continue to meet and a meeting is fixed for later this week. "It is continuing to review the annual report of the National Development Plan published recently, which confirms that a lot of the work as envisaged is taking place. A lot of major work is being conducted."

There have been reports that the Metro North project is under threat because of the economic downturn. The proposed project, an 18km track from north of Swords to St Stephen's Green, included plans to use underground, surface and elevated tracks. With 15 stops including Ballymun, Dublin City University and Drumcondra, it had a planned journey time of 20 minutes from Dublin airport to the city centre.

Consultations on a route for the project began in 2006, and the target date for completion was 2013. The Railway Procurement Agency had planned a number of open days next week in Dublin for the project in advance of submitting a railway order application to An Bord Pleanála.

The Irish Times

www.buckplanning.ie

Tuesday, 8 July 2008

Dunne aiming high with a 14-storey office block

Developer Sean Dunne is set to submit a planning application for a €380m office block. It would be on the site of the existing Hume House offices next to his Jurys hotel site in Ballsbridge, Dublin 4.

The development will have a gross floor area of 320,000 sqft and it will range in height from seven to 14 storeys. The planning application will be in the name of Mountbrook Riverside IV Development Ltd., whose directors also include Peter Halpenny, Ross Connolly and Brian O'Neill.

Mr Dunne acquired the building for the equivalent of about €130m back in 2006 when he did a swap deal with Irish Life whereby he got the 80,000 sqft Hume House building -- and in return Irish Life's investment funds received a much larger 133,000 sqft office block.

This is located in the Grand Canal Docks and the Mountbrook group built and leased it to leading legal firm, Matheson Ormsby Prentice (MOP).

Hume House covers an area of around two-thirds of an acre, which implied a valuation of some €195m per acre, a new record for property prices in Ballsbridge in 2006.

Meanwhile, nearby, Bord Pleanala is currently considering Mr Dunne's plans for a €1bn mixed-use development on the Jurys hotel sites which will include a 37-storey tower standing 132 metres, sculpted like a diamond.

Approval

He has already received Dublin City Council approval for 294 family-sized apartments, a 13-storey 232-bedroom hotel, a 16-storey embassy building, and a cultural centre.

However, he plans to seek further development on the site while the appeals board received a record 127 submissions about the plans.

The Hume House site is separated from the Jurys site by the former 2.2-acre Veterinary College site which is owned by Ray Grehan who has also received Dublin City Council's approval for a €600m development including 200,000 sqft of offices as well as a 15-storey apartment tower.

Designed by HKR Architects, Grehan's development is known as Number One Ballsbridge and will include 109 apartments along with shops and leisure space.

Mr Grehan's Glenkerrin Group paid €171.56m for the site in 2005.

That set a new record price per acre for development land topping the €380m which Mr Dunne paid earlier that year for the Jurys and Berkeley Court sites.

Donal Buckley
Irish Independent

www.buckplanning.ie

Dispute over light costs neighbour thousands

A DUBLIN man must pay his neighbour thousands of euros over a dispute about a conservatory and a skylight.

When solicitor John O’Brien decided to build a conservatory to the rear of his home at Marlborough Road, Donnybrook, Dublin, he knew it would block light to the rear stairwell of his neighbour Fiach Ó Brolcháin, the Circuit Civil Court was told.

Siún Leonowicz, for Mr Ó Brolcháin, an architect, said Mr O’Brien negotiated an agreement whereby he would pay for the purchase and installation of a skylight above the stairwell in return for his neighbour not objecting to the conservatory development.

Judge Jacqueline Linnane heard that things had gone well until Mr O’Brien had failed to secure planning permission for the skylight on the roof of Mr Ó Brolcháin’s house, which architecturally is a protected building.

The erection of the conservatory had gone ahead with consequent blockage of light to the stairwell. A dispute then arose over whose responsibility it was to obtain planning permission and the matter eventually ended up in court.

Judge Linnane said she was satisfied Mr Ó Brolcháin would not have agreed to the development of the conservatory had it not been for the agreement reached with his neighbour and that there would be no cost to him.

She directed that Mr O’Brien indemnify Mr Ó Brolcháin for the cost of his obtaining the necessary planning permission to carry out the work and indemnify him for the €6,000 costs and expenses of the planning application as well as meeting the estimated €700 cost of obtaining and installing the skylight. Judge Linnane awarded all legal costs of the litigation, in the region of €8,000, to Mr Ó Brolcháin.

The Irish Times

www.buckplanning.ie

Feasibility study on wind and wave energy to involve North and Scotland

THE IRISH and Scottish governments and the Northern Executive are co-operating on an initiative to assess the possibility of generating electricity through renewable energy off the Scottish and Irish coasts.

Minister for Energy Éamon Ryan joined his Scottish counterpart, Jim Mather, in Glasgow yesterday to announce the new feasibility study into exploiting wind and water energy.

It will explore the potential for the transmission of electricity generated by offshore renewables off the west coast of Scotland, the north and east coasts of Northern Ireland, the Irish Sea and the west coast of the Republic.

The study, which has EU support, is estimated to cost £1.6 million and will explore technological, economic, construction and regulatory factors associated with the development of an offshore electricity transmission network.

The three administrations have been co-operating in the energy area since last year. Later this year the ISLES (Irish-Scottish Links on Energy Study) project is to be launched.

Mr Ryan said the Republic, Northern Ireland and Scotland were embarking on an ambitious project to take advantage of its renewable resources.

“Our shared location, on the periphery of Europe and close to both the Atlantic and North Sea, gives us a distinct advantage.

“We have a vast wealth of free natural resources that we can harness to provide ourselves with a clean and sustainable source of energy,” he said.

“It is imperative that we develop an effective grid system that will allow us to work in partnership.”

Mr Mather said Scotland had a clear, competitive advantage in developing clean, green energy sources.

Its target was to generate 50 per cent of Scotland’s electricity from renewable sources by 2020.

“To realise the potential of the huge wind, wave and tidal resources at our disposal, we need to examine the longer term development of our grid infrastructure in partnership with the governments in the Republic of Ireland and Northern Ireland,” he said.

“The feasibility study will allow us to explore the various challenges associated with the development of an offshore transmission network and help make the case for commercial investment,” he added.

“Scotland, we believe, has never been in better shape to become the green energy capital of Europe and, in turn, a renewables powerhouse,” said Mr Mather.

The North’s Energy Minister Arlene Foster, welcoming the study, said the North and the Republic of Ireland had already demonstrated the mutual benefits that can come from working on projects that enhance regional co-operation and economic growth.

“We must now plan for the future if we are to ensure sustainable electricity supplies at a time of increasing world energy pressures,” she added.

“This project is a significant milestone in utilising our local resources and will help us, in conjunction with our neighbours, map out the future of offshore renewable energy to benefit the whole of Northern Ireland.”

The Irish Times

www.buckplanning.ie

Planning for one-off house in Burren refused

A MOVE by members of Clare County Council to force through a contentious planning permission for an Ennis businessman for a one-off house in the Burren has failed.

Councillors believed they had secured planning permission for Gerry Danagher to build a home at Ballycullinan, Corofin, after they voted by 27 to 3 in favour of contravening the Clare County Development Plan at their June meeting.

A planner’s report before the meeting recommended that permission be refused on a number of grounds.

It was the first time since 1983 that councillors had invoked special powers in the planning area by tabling a contentious Section 140 motion directing the county manager, Alec Fleming, to grant planning permission.

It is also the first time that the councillors overturned the council’s own “locals-only” rule that was introduced in 1999 to grant an individual planning permission.

However, Mr Fleming has refused planning permission to Mr Danagher after taking legal advice.

A refusal has now been issued to Mr Danagher on two grounds. The council has ruled that he does not comply with the policies of the development plan as he does not qualify as a local person as he was not born in the area. It also said the proposal would give rise to a risk of water pollution affecting the quality of the surface waters.

Independent councillor Tommy Brennan, who proposed the material contravention at the meeting, said yesterday he was disappointed at the refusal. “We have to see where we move on from here and see what happens,” he said.

The Irish Times

www.buckplanning.ie

Council unaware of licences to remove slag from Haulbowline

CORK COUNTY Council says it is not aware of any licences being issued to allow for the removal of waste material from the former Irish Ispat steel plant in Haulbowline for use in road construction.

A council spokesman said the council had taken control of the site for the Department of the Environment in 2005 and had not issued any licences for the removal of slag or any other waste material for use in road construction.

"There has been no such licence issued since 2005 when the council took over the site and we're checking our records prior to that to see if any licences were issued for the removal and use of waste material in road-building, but we're not aware of any such licence."

Cork County Council was responding to Cork South Central Labour TD Ciarán Lynch, who said it was his belief that the removal of such material for use in road construction took place between 1998 and 2002 and would have required a licence from the local authority.

He said there was concern about such material being used in road construction and the impact it could have on groundwater if toxic materials were leached down into groundwater courses.

Mr Lynch was speaking after calling on Minister for the Environment John Gormley to clarify whether tens of thousands of tonnes of potentially toxic material was removed from the site and used in road construction.

"I would also like to know whether that material was examined for toxicity and whether it was treated," Mr Lynch added.

"Minister Gormley should also identify the company that removed the materials and provide an indication as to where it may have ended up."

A Department of Environment spokesman told The Irish Times that the department took control of the site in 2003. It had no records regarding the removal of material since and it did not hold any records for the site before 2003.

The Irish Times

www.buckplanning.ie

Council ends contracts with McNamara on housing projects

DUBLIN CITY Council has formally terminated its contracts with property developer Bernard McNamara for two of the five major inner-city regeneration projects due to be completed under public private partnerships (PPPs).

Assistant city manager Ciarán McNamara told councillors last night that Bernard McNamara (no relation) was now "off the pitch" in relation to the redevelopment of St Michael's Estate in Inchicore and Dominick Street in the north inner city.

The council is to enter into mediation with Mr McNamara on two other housing projects in Infirmary Road and O'Devaney Gardens both in Dublin 7. However, it has warned the developer that it will initiate High Court proceedings if mediation is not successful.

Mr McNamara will, however, go ahead with the redevelopment of the Convent lands on Seán McDermott Street. The council wrote to Mr McNamara last week informing him that they intended to approach rival bidders in relation to the St Michael's and Dominick Street projects. The council has not revealed the names of the rival developers but said last night that it would be writing to the "second preferred bidders" by the end of this week to seek expressions of interest in the projects.

The five projects were to deliver 1,800 homes, most of which would be occupied by council tenants currently living in substandard housing, but lengthy delays in starting the projects led to a collapse of agreements between Mr NcNamara and the council. City councillors last night agreed to postpone the demolition of four blocks of flats in O'Devaney Gardens. The flats were due to be demolished this month in anticipation of the redevelopment of the complex . The demolition had been part of the original contract with Mr McNamara. However, when the project stalled late last year the council decided to tender for a separate company to demolish the blocks because of the urgent need to address severe anti-social behaviour problems that were occurring in the dilapidated complex.

The council has now decided not to go ahead with the work this summer because of negotiations with Mr McNamara, and it has agreed to reconsider the demolition next September.

Earlier yesterday Labour leader Eamon Gilmore called on the Minister for the Environment, John Gormley, to intervene. Mr Gilmore, accompanied by Dublin Central TD Joe Costello and deputy Lord Mayor of Dublin, Emer Costello, visited O'Devaney Gardens and Dominick Street yesterday to hear the concerns of residents.

He also outlined the details of the private member's motion his party has tabled on the situation, which will be debated in the Dáil tonight and tomorrow. The motion calls on Mr Gormley to take whatever steps are necessary to remove the developer from the five projects, and to ensure that in future developers are not allowed to walk away from such commitments.

The Irish Times

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Monday, 7 July 2008

Residents fear plant's toxic waste seeped into harbour

RESIDENTS OF Cobh in Co Cork have expressed concern that gale-force winds and a high tide may have caused potentially toxic waste from the old steel plant site on Haulbowline to seep into the sea at Cork Harbour.

Cobh residents became worried on Friday night after a high tide and gale-force winds caused pools of water to form in the middle of the slag heap on the old Ispat site on Haulbowline.

Mayor of Cobh John Mulvihill jnr said local residents should not be expected to live in dread every time there was a high tide in the harbour.

He insisted that the situation needed to be addressed as a matter of urgency to allay public fears.

“The people of Cobh are in a vacuum regarding information. The Minister [John Gormley] said he was going to publish all the reports that were being done on the site back in the Dáil on Wednesday. I was talking to all our local TDs and they have not received any reports.

“That ought to raise some serious questions. We need to get these reports out in the open and let the people of Cobh know what is over there.

“We need to get the problem sorted out in the town.”

Mr Mulvihill added that he did not want to be alarmist, but that the people of Cobh “deserved better” from their elected representatives.

Meanwhile, local environmental engineer and councillor Marcia Dalton told RTÉ News that until full reports had been compiled in relation to the site, residents would continue to worry about the magnitude of the problem.

“This is not the first time since Ispat closed in 2001 that there have been strong easterly winds with high tides. This may have occurred before.

“Until we see analysis and we establish what is going on, we don’t know the magnitude of the concern we should have.”

The controversy arose in Cork last month after it was disclosed that almost 500,000 tonnes of waste are buried at the former Irish Steel/Ispat site.

Health fears were raised after a subcontractor involved in a surface clearance at the site claimed to have uncovered levels of a toxin, chromium six.

Mr Gormley has denied suggestions that there was any attempted cover-up of the Haulbowline toxic waste issue.

However, residents of Cobh said that they feared that pressure on the public finances could delay the clean-up of toxic waste at the site.

The Irish Times

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Polluted island clean-up not until autumn

IT will be at least autumn before the Cabinet receives plans to make safe the heavily-polluted former Irish Steel site at Haulbowline Island in Cork Harbour

And it is unclear whether the Department of Finance will sanction a major clean-up operation which could run into hundreds of millions of euro.

Environment Minister John Gormley will outline the options to ensure that toxic waste buried on the former Irish Steel site does not pose a threat to the environment or human health.

Yesterday it emerged that contractors working on the island refused to stop removing potentially-deadly toxic material even after the Chief State Solicitor assured the company it would not be held liable for any legal action that might arise.

Hammond Lane Metal Company Ltd uncovered waste after clearing the site and refused to leave the area claiming it could be exposed to liability for leaving the waste untreated.

The Department of the Environment, which has responsibility for the site, wrote to the company in April saying that the waste should be capped until a detailed plan was agreed and assured the company it would not be liable.

Department sources said that despite these reassurances and "repeated" instructions to stop works -- including correspondence from the Chief State Solicitor in May -- the contractor, which had been paid up to €30m to clear surface material, refused to leave and continued to operate without authorisation.

Terminated

The contact was terminated on May 30 and workers were ordered to leave the site.

Yesterday it also emerged that Stephen Griffin, an environmental consultant who has accused the Government of "covering up" the extent of pollution on the Cork Harbour site, has been ordered not to release any documentation on work he carried out for the department in relation to the polluted island.

Mr Griffin said last night that lawyers for the State ordered him not to release any documentation, but said he would make public any information he held concerning health and safety issues or the environment.

Speaking to the Irish Independent, he said that everything published about the extent of pollution on the island had been accurate. He understood that he was not to release any information concerning his work."I've been told to shut up but I just can't.''

Paul Melia

Irish Independent

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Metro firm is to be held to high standards

The operator chosen to run the planned Metro North system in Dublin will forfeit an annual fee of tens of millions of euro if it does not achieve the highest standards in the world in key areas such as passenger numbers, punctuality and breakdowns.

Documents sent to the four consortiums bidding to build and operate the 17-kilometre line from St Stephen’s Green to Swords specify that the network operator must achieve a minimum 85 per cent target across all key performance indicators, or its income for the year will be withheld. Industry sources said this would be the highest standard in the world for any new metro.

It is envisaged that up to 8,000 passengers will initially use the service in each direction per hour, but the specified requirement for Metro North is a capacity of up to 22,000 passengers per direction per hour.

The inclusion of shops or newsagents in some stations on the route is being debated. The tender documents also include specifications for the metro platforms and tram lengths. The Railway Procurement Agency (RPA) wants platforms of 98 metres and trams that can run up to 90 metres. While the average tram carriage is 32 metres long, operators could opt to connect two or more 32-metre carriages - or two 45-metre tram carriages - for a higher capacity.

T he metro carriages will be the same width as the existing Luas tram carriages at 2.4 metres, which means that the two types of carriages can be interchangeable. Tunnelling costs will also be less expensive than for wider trams.

Most metro systems operate two tracks in a single tunnel, but the Metro North will be built as two tunnels, similar to the Port Tunnel. While this is more expensive, it will mean that the whole network would not have to be shut down in the event of a fire or accident.

Recent metro systems in cities in Germany and France have cost about €35 million per kilometre built underground and €20 million per kilometre over ground. This does not include the cost of land purchase, operator costs or the rolling stock of ticketing systems.

Estimates for the total cost of Metro North - which has ten kilometres underground and seven kilometres over ground - range from €3 billion to €5 billion.

Sunday Business Post

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State dropped legal actions in Cork pollution case

The government dropped legal actions in relation to the cost of cleaning up the former steel plant at Haulbowline in Cork four years after it was warned that pollution from the site could pose a high risk to the health of local residents.

The state had been attempting to force the liquidator of the defunct Irish Ispat steel plant to cover the cost of cleaning up the site, but dropped all outstanding actions in early 2006. Documents released under the Freedom of Information Act last week show that the state was warned four years earlier that there were ‘‘high risks’’ from wind-blown dust and leaks of poisonous material into the ground and water surfaces.

The warning was contained in a 2002 investigation of the site carried out by British consultants Enviros Aspinwall. It was estimated in 2006that cleaning up the site would cost about €30 million, but figures stated in the Dail last week suggested that the real cost of the clean-up operation could be ten times that amount.

It emerged last month that the site at Cork Harbour may contain more hazardous waste than previously thought. Traces of the carcinogen chromium 6, lead and mercury are among an estimated 500,000 tonnes of toxic waste buried at the Haulbowline site. The Naval Service has closed off part of its lands at Haulbowline while an investigation is carried out into the environmental dangers posed by waste.

Before the 2006settlement, the state had failed in a larger action to force Irish Ispat’s liquidator, Ray Jackson of KPMG, to pay the full cost of the site. However, the state decided to continue with a number of other summonses, including one action under the Polluters Act, to force Jackson to cover some of the clean-up cost.

The state said it dropped all the outstanding actions based on legal advice. Irish Ispat was formerly Irish Steel, the state-owned steel mill. Ispat Mexicane, a steel company owned by Indian billionaire Lakshmi Mittal, acquired the firm in 1996, before closing the company down five years later with the loss of 450 jobs.

Sunday Business Post

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Saturday, 5 July 2008

Land row puts key Cork rail station in jeopardy

A ROW over who owns a plot of land has put the future of a new multi-million euro railway station in jeopardy.

Iarnród Éireann's plans to build a new station and 360-space park and ride facility on the outskirts of Cork have run into trouble, after the National Roads Authority (NRA) claimed it owned the land and needed it for one of its own projects.

The station at Dunkettle is one of three to be created along the Cork-Midleton railway line, which is due to be reopened early next year.

Cork County Council has approved planning permission for the station.

But the NRA has objected to An Bord Pleanála and is adamant that it has to use the land for a key upgrade of the Dunkettle interchange, which is the busiest junction in Cork.

"The NRA supports improvements in public transport, but we are disappointed that we weren't formally consulted on the plans by Iarnród Éireann," said the NRA spokesman.

He said the land was earmarked for large NRA improvements at the Dunkettle interchange, which will have to be undertaken in the future to prevent it from becoming gridlocked.

In addition, the NRA claimed there were several other more suitable locations Iarnród Éireann could use for the facility.

However, the war of words intensified last night after the rail company claimed that the NRA didn't actually own the disputed land.

"The fact of the matter is it is not their land. It is registered to Cork County Council for transport needs and the park and ride facility comes within this ambit," said an Iarnród Éireann spokesman. He claimed the rail company did consult the NRA before applying for planning permission.

However, the spokesman admitted that the appeal to An Bord Pleanála had "the potential to impact" on the railway company's plans at Dunkettle. "We will try and work constructively with Cork County Council and the NRA to see if we can resolve this issue," he said.

Sean O'Riordan
Irish Examiner

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