Donaghcumper “Significant” New Information, Including Draft Master-Plan puts public in impossible position – Murphy

Cllr Catherine Murphy has questioned the approach currently being adopted by Kildare County Council in relation to “significant” new information supplied,   in relation to one of the Devondale applications,  in Donaghcumper.

The Council set down the ground rules for development in this area,  which was to include a detailed master-plan.   The applicant ignored this provision and submitted two planning applications 08/438, primarily made up of apartment blocks and retail outlets,  08/439,  consisted of a suburban housing estate.   In December the applicant supplied Kildare County Council with additional information,  which included a draft master-plan.   The Council deemed the information as “significant”  which then required the applicant to re-advertise, allowing the public a second opportunity to comment/object.

The real difficulty arises because Kildare County Council have not approved the master-plan,  they hope to do so shortly,  however,  this will postdate the closing date for comment by the public.   How much the master-plan will change is crystal ball territory, according to Cllr Murphy,   she maintains the Council should have insisted  the master-plan be approved, prior to receipt of the additional information  and the inevitable process that follows.   This would have allowed the public a genuine opportunity to comment.   She also draws an analogy with the Corrib Gas debacle, where the planning  process was split to such an extent that the public  had no real opportunity to tease out the issues,   this flawed process has led, as we all  know to our cost,  to a  costly and damaging result on all sides.

In commenting on the significant new information Cllr Murphy comments on:

1. The traffic projections supplied for the operational phase which will increase the load on an area currently inadequate to cope with current traffic flows:   “The town Centre Extension could potentially generate over 805 two-way trips in the morning peak hour,  1545 two way trips in the evening hour and 21,542 daily two way trips”.
2. Inadequate public transport provision and the impact of these developments on current services.
3. The impact on the Liffey Valley and the Internationally important Castletown House

Cllr Murphy continues to seek a rejection of this application.

Significant additional information was lodged with regard to “Planning Application 08/439 Devondale Ltd.,”  in that context further comments were invited.  (108 detached houses comprising 41no. 4 bed houses (22no. Type A, 2no. Type A1,and 17no. Type E), 62no. 5 bed houses(39no. Type B, 18no. Type C, 5 no Type C1) and 5no. 6 bed houses (Type D), crèche, site landscaping and boundary treatments etc.)

The applicant submitted additional information which was deemed “significant” by Kildare County Council’s Planning Department,  as a consequence the applicant was required to re-advertise and the public were again invited to comment on the planning application.      What constituted “significant new information”  is a key issue in terms of the planning process.   In the first instance no planning application was to have been submitted until a Masterplan was in place.   The Masterplan was to have been compiled by the Developer with guidance from the Council.   The masterplan was to cover an area significantly larger than that in the control of the developer,  as outlined in the Action Area Plan for Donaghcumper.   What has occurred however is,   two planning applications were lodged,  both are currently live and a masterplan has been submitted in early December 2008 as part of the additional information in relation to 08/439.

On January 9th,  following a request in relation to the status of the masterplan by myself and others.   Kildare County Council,  through its Director of Service for Planning,  issued the following in a briefing note to both the Celbridge and Leixlip Area Councillors.

“A Requirement for a Masterplan for the Donaghcumper Lands was set out in section 4.4 of the AAP:
“ Due to the strategic importance of the Donaghcumper Lands, a Masterplan for their development to be agreed between Kildare County Council and the Developer(s), is required in advance of submitting any planning application. The content of this Masterplan should include:

Plans, diagrams and other illustrations to indicate circulation network, public and other open spaces, building blocks-their form, massing and height – land use (at street level and upper floors), and general landscaping strategies. The proposed new Civic Theatre and Local Area Offices building to be identified.

General land use schedules identifying ratio of residential to non-residential.

Public Realm appraisal including quality of sun/shade/shelter and extent and nature of active uses.

This must also include a structure for transfer of public spaces, their management and ongoing maintenance :

• Preliminary design sketches for the proposed new river crossings.
• Outline strategies for waste management
• Outline strategies for servicing of buildings and parking
• Baseline EIS reports and preliminary impact statements
• 3D Digital model indicating the proposed Masterplan in relation to the overall AAP area and Castletown.
• Buildings can be shown in block form at this stage.
• Proposed phasing plan

A draft Masterplan for the Donaghcumper lands has been submitted to the Planning Department.  This draft is being considered and a response will issue to the developer on this draft in the near future.”

It is therefore clear that the masterplan which forms part of the additional information request is unlikely to be the final document,  how much it will change is within crystal ball territory.   If the masterplan formed any part of the decision to deem the information supplied “significant new information”  then the council have entered into a process that is so legally flawed that it compromises the independence of Kildare County Council as a planning authority.

Should Kildare County Council decide to grant planning permission in the case of 08/439 it will create at the very least the perception the planning authority worked with the applicant towards a positive decision,   given that the planning process is a legal process this is both damaging and unacceptable.     Not only am I asking that these views are considered in the context of the planning file,  I am now asking the Council to seek legal advice on the legality of the  process they are currently engaged in.

The “Applicants Masterplan”  states on page 2  under the heading Status of the Masterplan:
This Masterplan is a non-statutory technical urban design document.  The Celbridge Development Plan and County Development Plan remain the relevant statutory Development Plans for the area.  This document articulates the Council’s vision for the development of the lands.  As such this Masterplan will be used as a development control tool by Kildare County Council in the assessment of all planning applications on the Donaghcumper lands.

What should have occurred was that the Masterplan was finalised prior to any planning application,   however the council have further compromised the process by accepting the Masterplan as part of the additional information.   They have invited the public to engage in a process whereby they must consider 08/439 against the masterplan which has been submitted by the applicant,  but is not the final document.    At the very least the council should have insisted  the masterplan was agreed prior to receipt of the additional new information,   when the public would have a valid document to measure the impact of 08/439.

Flawed processes produce flawed results,   an example being the Corrib Gas debacle,  where the processes were split to the point that the public had no real opportunity to tease out the issues in the context of the broad principles.   It has been and remains a costly and damaging exercise on all sides.

A long standing objective of Kildare County Council is the delivery of  a new bridge in close proximity to Castletown Gates,  this together with the provision of a Local Area Office,  to the Council,  from the applicant/landholder/developer,  creates the impression that the Council are a beneficiary.   When taken with a defective process I cant emphasize more strongly how damaging all of this appears.

Given the surplus in residential properties at the moment I  fail to see why this process is being rushed.   The acceptance of the Masterplan as part of the additional information, also means the applicant is dictating the timeframe to the Council.
Yet the Masterplan as submitted by the applicant states; ( page 2)

“The scale and situation of this site,  makes it one of the most important urban planning projects in Kildare and the Dublin Region.  In this context,  both Kildare County Council and the developer Devondale Ltd., recognise the importance of delivering development of the highest international quality,  in a rational and coherent manner that can be a major asset for the town in future.”

It goes on to outline how the masterplan should  be used as a practical tool.

“In effect it is a step-by-step guide for proposals on these lands.  All designs should be cross checked against the overall goals provided in the Masterplan Description according to Sectors,  form,  type and use of development envisaged.   All proposals should be vetted against the implementation plan,  to ensure that all infrastructural and community objectives are being delivered in association with that phase.  Finally,  detailed design proposals must have regard to the Design codes for public spaces,  built-form and landscaping.”

Where I take no issue with the above quotations,  clearly what is implied is an acceptance of the importance of setting design principles and delivery mechanisms prior to the consideration of any planning application.

The key strategic issues to be considered in relation to 08/439 are the  relationships between Castletown House,  the Liffey Valley and   the proposed development.

Page 6 & 7 of the Applicants Masterplan in relation to Castletown House states:

“It is important that the views to and from the house are carefully considered when considering any development of the lands due to the fact that they were carefully considered in the original planning and siting of the house (Appencis 111,  Figure 4 sets out the visual context of the study area)

The development lands surround the historic curtilage of Donaghcumper House,  with remnants of the historic landscape remaining,  including the mixed broadleaved woodland enclosed to the south of the house as well as the tree lined avenue leading to it.  There are parkland trees dotted throughout the demesne landscaping as well as terrestrial hedgerows contributing to the compartmentalised character of the landscape.  There is extensive woodland hedgerow associated with the River Liffey which bounds the site to the north in areas of high amenity.  The proposed development will involve the insertion of development into an open and compartmalised agricultural landscape within an urban/suburban context.  The overall visual impact of the proposed development at the subject lands is likely to be imperceptible in terms of the photomontages depicted and described in this report.

I do not accept the visual impact will be imperceptible.

Bridge

The proposed bridge at Castletown Gates “The Slip”,   is included in the applicants Masterplan as part of  the  first phase.  I feel I must point out at this stage that the  land in question is not under the control of the applicant.

The drawings/images supplied as part of the original planning applications 08/438 & 08/439 suggests a whole host of problems in relation to the construction of a bridge at this location,  which I highlighted in my original objection.     The applicants Masterplan expects “During the operational phase,  the town Centre Extension could potentially generate over 805 two-way trips in the morning peak hour,  1545 two way trips in the evening hour and 21,542 daily two way trips”  which will increase the load on  an area that is currently  inadequate in terms of current traffic flows.   There are constraints that cannot be overcome such as the distance between Jasmine House and the Round House.  The most rigorous assessment of the impact of such a bridge must precede any agreement on its delivery.

As I stated in my original objection “The junction will require traffic lights,  its difficult to see how the road and footpath design standards (footpath & road widths) contained in the Celbridge Plan can be met.   It is also difficult to see how new traffic signals,  such as those  proposed at Castletown Gates (a protected structure of International Importance),    will allow this junction to flow freely,   in addition to several vehicular phases, physical constraints entering Castletown Estate/Demesne,   pedestrian phases will be an absolute requirement.   Peak time delays are inevitable unless there is a major modal shift towards public transport.   Given the previous history with traffic signals at the bridge in Celbridge,  residents will want to be convinced traffic signals will improve rather than disimprove traffic flows close to Castletown Gates.”

Clearly the applicants masterplan covers a much greater area than the planning application 08/439 for those reasons I offer the following comments.

Public Transport

The applicants Masterplan states;  “It is considered that the new bus service and planned commuter rail upgrade at Hazelhatch….would provide scope for reducing the non-residential car parking standards…..Rail,   Hazelhatch railway station is located approximately 2.3km south of proposed development.”

At a recent meeting of the Leixlip Area Committee an official of Dublin Bus attended.   I pressed him on the need to deliver on phase 2 of the Dublin Bus Network Review,  which the company were requested to conduct on behalf of the Minister for Transport.    This phase deals with feeder buses;   the  Dublin Bus Official,  made it quite clear that he had no expectation that phase two would be delivered,  given the cost involved in providing feeder buses,  which is significantly higher than both current orbital and radial services.    In fact he went on to highlight the extent of losses Dublin Bus had incurred in 2008 and pointed to a reduction rather than an increase in services on some routes.   Celbridge has also lost the Circle Service in 2008.

As I stated in my original objection

The high level of car dependence in Celbridge does not suggest there is adequate public transport choice or frequencies.   Hazelhatch Railway Station and the Kildare –Heuston Line is undergoing major redevelopment which should produce improvements.   The station is a considerable distance and certainly not within walking distance of the proposed developments,   the interconnector which will connect the Kildare line with Spencer Dock is not due to be completed until at least  2015.  Increased frequencies expected on the  Kildare line prior to the connection with the rest of the suburban rail network are unlikely to  produce significant shifts in modes of transport used for two reasons (a) the distance from housing estates in Celbridge (b) the service terminates at Heuston Station…etc.

08/439 is not seeking to reduce residential car parking standards however it should be noted that public transport could not be deemed to be adequate for a town the size of Celbridge,  particularly if in the future the public are to be enticed to shift from the private car to public transport.     08/438 does however, seek to reduce the non residential car parking standard,   which I find unacceptable.

The applicants Masterplan,  in relation to retail states;

Baseline studies indicated that the impacts of developing the lands at Donaghcumper on existing retail would be low to moderate.  The character of the potential retail development should be in compliance with the County planning and retail policies,  stated in the Kildare County Council Development Plan 2005-2011,  Celbridge Development Plan 2002 and Donaghcumper Action Area Plan 2007. I believe but am open to correction,  the Council’s Retail Strategy postdates both the plans referred to above.
I believe there is a clear conflict between 08/438 and the Council’s Retail Strategy,  the Masterplan is simply wrong in coming to the conclusions it does.

The applicants Masterplan states,  in relation to Visual Impact.

The development itself will have a visual impact on the landscape in varying degrees.  There is potential for a moderate visual impact from the development on views into the site particularly from the more built up areas to the south as well as from Castletown to the north and north west.

The land is relatively flat,  rising to the south towards existing residential developments accessed off the R403….the steepest slopes (1-5 in 10)  are evident on approach to the river valley towards the western boundary of the site,  as previously stated.

The areas of visual interest lie in the setting of Donaghcumper House and surrounding curtilage,  landscaped gardens,  woodlands,  walled perimeter and the areas adjacent to the River Liffey.   The visual landmarks of  interest are Donaghcumper House itself,  the Church ruins and graveyard to the south as well as the Church of Ireland and Parochial House to the  west of Donaghcumper,  adjacent to the town centre.

The planning applications,   if approved,  in my view,  will have a profound visual impact,  I believe it is  nonsense to state otherwise.    The visual intrusion and impact on the Liffey Valley,  if development occurs here,   will be irreparable.
It is also worth noting when Hewlett Packard were seeking planning permission for their buildings,   the vista between Castletown House and the Wonderful Barn was required to be maintained,  similarly when the Action Area Plan for the Wonderful Barn Lands was being drawn up,   the relationship between Castletown House and the Barn was a dominant issue.    The impact of high rise,  contemporary apartments which could not be described as of a “high international quality” which is the aspiration of the applicants Masterplan,  if allowed,  would have a profound impact on the context of Castletown House and Celbridge Village.

The applicants master plan states;

“There should be a coherence between new and existing building heights,  and the impact on the quality of public open space.  Recognise the international importance of Castletown House and Demesne and seek that all new development take cognisance of its relationship to the built heritage.”

I want to signal my support for this statement,  however,   it must mean something in reality.

I continue to seek the rejection of this planning application.

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Posted by catherinemurphy on January 16, 2009. Filed under Celbridge,Planning & Development. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.