Thursday 31 December 2009

Board refuses appeal at Main Street, Ballinagappa-Kilcock Road, Clane

A development comprising of the demolition of a building facing main st. and workshop to rear of site, construction of mixed use building comprising retail, office, 19 residential units and restoration of barn (protected structure) has been refused for the following reasons:

1. The proposed development is prominently located in the central area of Clane
on a restricted site. It is considered that, having regard to its scale and design, the proposed development would not comply with the objectives of the planning authority, as set out in the Clane Local Area Plan, 2009, to maintain and preserve the townscape character and built form of the town centre, its existing pattern of two-storey buildings with pitched slate roofs and predominant fenestration patterns, and that the proposed development would detract from the townscape character of Clane and result in an undesirable precedent for further such development which would be contrary to the proper planning and sustainable development of the area.

2. The site of the proposed development is in the River Liffey catchment and the
development would ultimately be connected to the Osberstown Wastewater Treatment Plant, which in turn discharges into the River Liffey. Having regard to-

(a) the importance of the Liffey as a major source of drinking water for the Greater Dublin area,

(b) the location of the water abstraction point on the Liffey at Leixlip, downstream of Osberstown,

(c) the existing constraints at the Osberstown Wastewater Treatment Plant, which is currently operating beyond its design capacity of 80,000 p.e.,

(d) the extent of other developments granted planning permission, but yet to be constructed and which would be dependent on the said Osberstown Wastewater Treatment Plant,

(e) the lack of certainty in respect of future capacity improvements to the Wastewater Treatment Plant,

(f) the existing biological status of the River Liffey, which has been classed by the Environmental Protection Agency as of moderate status (3-4) downstream of Osberstown,

(g) article 5 of the European Communities Environmental Objectives (Surface Waters) Regulations, 2009, which requires that a public authority, in performance of its functions, shall not undertake those functions in a manner that knowingly causes or allows deterioration in the chemical or ecological status of a body of surface water, and

(h) article 28(2) of the said Regulations, which states that a surface water body whose status is determined to be less than good shall be restored to at least good status not later than the end of 2015, it is considered that the proposed development would be premature by reference to the existing deficiencies in the provision of sewerage facilities and the period within which this constraint may reasonably be expected to cease and would be prejudicial to public health.

3. Having regard to the limited size of the site, to the pattern of development
immediately adjoining the site and to the protected structure on the site, it is
considered that the proposed development would result in overdevelopment of this site and would, by reason of proximity and height adjacent to the site boundary to the north, seriously injure the residential amenity of occupants, by reason of visual overbearing, and overshadowing. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.

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