Dlrcc refuse planning permission

DLRCC have refused Planning Permission for the latest development proposal from Bartra Property (Dublin) for the former Western Marine site.  BHPA warmly welcomes this decision and wishes to thank all those who lodged observations on Bartra plans once again.  in particular we are pleased to see the no. 1 reason which is the vulnerability to flood events and significant wave overtopping.  The other three reasons cover the predominance of residential over marine related uses, lack of integrated design incorporating waterfront harbour facilities, and the failure to respond to the special character of this harbour site.  The full 80 page Planners Report may be found online. The text of the four reasons for the Refusal is below.

1. The proposed development is located in an area which has been identified as potentially liable to flood events and significant wave overtopping. Having regard to the provisions of Appendix 13 (Strategic Flood Risk Assessment) of the 2016 – 2022 Dún Laoghaire -Rathdown County Development Plan and 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 proposed development has not included adequate measures to minimise flood risk, and has not included adequate measures to ensure that residual risks to the area and/or development can be managed to an acceptable level as regards the adequacy of existing flood protection measures and provisions for emergency services access, and thus fails Sections 2(ii) and (iii) of Box 5.1 of the Justification Test for development management of The Planning System and Flood Risk Management Guidelines, 2009. Furthermore, the proposal to provide new residential development within Flood Zone A in particular, namely the proposed apartment over commercial units, would not be in accordance with the requirements of Section 4.7 and 5.1 of Appendix 13 (Strategic Flood Risk Assessment) of 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. 

2. In relation to the significant imbalance and predominance of residential use in the proposal and having regard to the low percentage of overall floor area being provided for the marine related uses together with the low 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. It is considered that the amount of site area reserved for residential use is excessive and seriously compromises the achievement of a quality mixed use and integrated development with adequate and appropriate provision for waterfront, marine and harbour related activities. It is therefore considered that the development as proposed would seriously compromise the harbour’s ability to attract and maintain good marine related uses and harbour activities, would limit the scale and diversity of such uses, which the harbour could support and would be contrary to the ‘W’ zoning objective for this site which is ‘to provide for waterfront development and harbour related uses’. The Planning Authority therefore considers that the development as proposed would be contrary to the zoning objective for this location of providing for waterfront development and marine related uses and would also be contrary to the requirements of Specific Local Objective 22 as set out in the 2016 – 2022 Dún Laoghaire -Rathdown County Development Plan. The proposed development would therefore be contrary to the proper planning and sustainable development of this area. 

3. It is considered that the lack of an integrated design approach and the almost exclusive use of the majority of the site area for residential use would seriously erode and weaken the existing ‘W’ land use zoning objective for the site of providing for waterfront, marine and harbour related uses. This would undermine the existing land use zoning objective for this site and would seriously compromise the harbour’s ability to attract and maintain good marine related uses. It would also limit the scale and diversity of uses, which the harbour could support and would be contrary to the zoning objective for this site which is to provide for waterfront development and harbour related uses. The proposed development would therefore be contrary to the proper planning and sustainable development of this area. 

4. Having regard to the prominent harbour and coastal location of the proposed development and taking into account the special character of the immediate harbour area, the proposed quayside elements, would, if permitted, be visually and physically segregated from the rear of the development site with no meaningful integration, visually or functionally. The proposed development fails therefore to respond appropriately to the unique site context, which requires a high quality, distinctive and integrated mixed use design approach, which considers the site holistically and responds appropriately to the special character of the area and seeks to strengthen and reinforce a positive sense of place at this location. The proposed development would therefore be seriously injurious to the special character and amenities of the harbour area and contrary to the requirements of Specific Local Objective 22 as set out in the 2016 – 2022 Dún Laoghaire -Rathdown County Development Plan. The proposed development would therefore be contrary to the proper planning and sustainable development of this area.

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