An Bord Pleanala decision – the details

Further to the decision of An Bord Pleanala to reject the recommendations of their own inspector and to grant permission to the Bartra Property group to develop the site adjacent to Bullock Harbour, we are providing links, below, to the documents in question.

ABP’s decision is set out here.

ABP’s inspector’s report that recommends upholding the original County Council decision to refust planning permission is set out here. This is a 91 page document. The inspector’s actual recommendation, sections 8/9, is set out below.

Recommendation

Having regard to the foregoing, I recommend that the decision of the Planning Authority be upheld in this instance and that permission be refused for the proposed development for the reasons and considerations set out below: 9.0 Reasons and Considerations 1.Having regard to the predominance of residential use within the proposed development and the low proportion of the total floor area intended for waterfront and harbour related uses, including commercial marine-based activity and public water-based recreational uses, together with the limited developable site area being provided to support and service such uses, it is considered that insufficient provision has been made for waterfront, harbour and marine related uses and that the proposed development would materially contravene the land use zoning objective for the site as set out in the Dún Laoghaire-Rathdown County Development Plan, 2016-2022 which seeks ‘To provide for waterfront development and harbour related uses’, and would further undermine the achievement of Specific Local Objective No. 22: ‘Bullock Harbour’ which aims to provide for an appropriate mixed-use redevelopment of the lands in question to include for commercial marine-based activity and public water-based recreational uses. The proposed development would therefore be contrary to the proper planning and sustainable development of the area. 2. Having regard to the location of the proposed development in an area which has been identified as potentially liable to flood events and significant wave overtopping,and to the provisions of the ‘Planning System and Flood Risk Management,Guidelines for Planning Authorities’ issued by the Department of the Environment, Heritage and Local Government in November 2009, the Board is not satisfied, on the basis of submissions made in connection with the planning application and the appeal, that the subject site is an appropriate location for the scale and type of development proposed or that the proposed development would not result in serious injury to the amenities of persons and property as a result of this. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.3.Given the prominent quayside and coastal location of the proposed development and taking into account the special character of the immediate harbour area, it is considered that the proposed development does not provide for a suitably integrated, high quality,mixed-use design which considers the site holistically and responds appropriately to the unique character of Bullock Harbour. The proposed development would therefore be seriously injurious to the special character and amenities of the harbour area and would be contrary to the requirements of Specific Local Objective 22 as set out in the Dún Laoghaire-Rathdown County Development Plan, 2016-2022. The proposed development would therefore be contrary to the proper planning and sustainable development of the area. Robert Speer Planning Inspector 29thMay, 2019

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