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Ballyboden Tidy Towns

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Ballyboden Tidy Towns Group, Dublin

Ballyboden Tidy Towns

LATEST NEWS

  • Taylor’s Lane LRD 

An application for a Large Residential Development (LRD) for 402 no. apartments was submitted by Shannon Homes, on the 3rd of April 2023 to SDCCRef: LRD23A/0002. 

Update; SDCC granted planning permission with conditions on the 29th of May 2023. Four parties submitted objections. https://planning.agileapplications.ie/southdublin/application-details/64047 The deadline for those four parties to submit an appeal to an Bord Pleanala is the 26th of June 2023. 

Follow-up: Ballyboden Tidy Towns clg did engage a planning consultant to submit an appeal. The deadline to make an observation to ABP is the 24th July 2023.


  • Part 8 Knocklyon Park

Description: A synthetic Grass Sports Pitch at Knocklyon Park, Ballycullen, Dublin 16.

On the 29th May 2023 we submitted a request to An Bord Pleanala seeking two screening determinations. On the 30th May 2023, ABP acknowledged receipt of both the EIA and an AA screening determination requests. Whilst the submissions for the Part 8 may continue to be sent to SDCC with a deadline of 9th June 2023 the Local Authority are precluded by EU Law from proceeding to a vote until An Bord Pleanala have made a decision in both of these files.

REF: 317211 EIA Screening Determination to be decided by 28.09.2023

REF: 317212 AA Screening Determination to be decided by 28.09.2023

Follow-up: We experienced difficulty making a submission to this Part 8 with numerous attempts unsuccessful. Finally SDCC acknowledged receipt of our submission.


For all other news regarding the status of other planning files, judicial reviews and appeals keep on scrolling down.



So what do Ballyboden Tidy Towns actually do?

 Ballyboden Tidy Towns are a group of volunteers who amongst many things seek to ensure that principles of proper planning, sustainable development and legal compliance are applied to all planning decisions in the area whether they be SHDs, LRDs Part 8s, SIDS etc

We also support such campaigns of #VacantIreland #DerelicIreland

Ballyboden Tidy Towns, as part of the Tidy Towns large remit, work with residents and groups affected by inappropriate development to fundraise in order to hire planning, traffic and legal consultants to prepare an observation, to be submitted to the appropriate Planning Authority under a very tight timeline of mere weeks.


Do you want us to keep you in the loop on local news and events?

If you wish to receive a text alert from us please WhatsApp by text to 083.800.6251 stating your name and your Estate/Road and we will add you to our WhatsApp Broadcast List.. We don't share your number and you can opt out at any time if you text STOP . It is a great way to be kept in the loop on local news. Alternatively follow us on social media on the following platforms: twitter, facebook, instagram and our youtube channel. Our email address is [email protected]

We welcome new volunteers too - gardening, litter picking, art installations, painting, event planning, leaflet delivery etc we are a very active group and our interests and events reflect that.



PART 8s

We have been subjected to a number of inappropriate Part 8 Planning Applications by SDCC. A Part 8 is where SDCC seeks permission not of ABP but of the 40 elected representatives of the Council or Councillors - There is no mechanism to appeal and it is difficult to take a judicial review because of the principle of ‘centurion deference’ where the Council are deemed to know best and be the adjudicator of their own performance. We submit this area of planning badly needs reform urgently.


  •  Part 8 Pearse Brother Park;

Description: Proposed Development of a Social Housing Project for Independent Living for Older Persons, consisting of 10 units on undeveloped lands at Pearse Brothers’ Park, Rathfarnham, Dublin 16.

STATUS: We lost that vote but we are in the process of making a complaint to the Office of the Planning Regulator. We requested copies of the digital recording of the full council meeting but were advised they had been destroyed which we understand that to be a breach of planning law and data protection. Individual councillors are requesting copies of the recordings on behalf of residents.


 

What is an SHD? 

An SHD is a fast-track planning application for 100 units or more that bypasses the local authority for its planning permission. The private developer submits their application directly to An Bord Pleanala (ABP) thus ensuring there is no appeal mechanism unlike normal applications. The private developer has secret tripartite meetings with An Bord Pleanala and the Local Authority. Members of the public and prescribed bodies such as An Taisce are never invited to participate in these secret meetings. We have asked An Bord Pleanala can we attend and every time we were refused.

 SHDs in our area materially contravene the SDCC Development Plan .  So someone applying for planning permission for a house or an extension would need to adhere to a County Development Plan but not so if you are applying for permission for an SHD development. SHDs have different building regulations too which reduce residential amenity but increase profits for developers.

 Most SHDs are granted planning permission by ABP, regardless, if they contravene the Local Authority County Development Plan and even when the Local Authority objects to ABP. Just 15% of applications granted planning permission by ABP are legally challenged by groups/individuals due to the prohibitive costs involved and of those 90% have their decisions reversed by the High Court. Thankfully the SHD were shelved except for those still being processed through An Bord Pleanala and the Courts

 

UPDATES ON SHDs

  • Stocking Lane SHD  - Round 2

MacCabe Durney Barnes Ltd have submitted an application for 131 residential units including 21 houses. The deadline to make a submission is the 15th November 2021. The planning file is available on the www.sdcc.ie  Reg Ref: SHD3ABP-311616 - 21 Status: Judicial Review stage


  •  Ballycullen SHD


Ballycullen Limited Partnership's proposed development comprises of 329 housing units – 140 houses and four 5 storey apartment blocks. The deadline for making a submission was the 26th July 2021 and the decision from An Bord Pleanala is due on the 11th October 2021. Information on the planning application is available on www.sdcc.ie Ref: SHD3ABP-310578-21 Planning permission was granted by ABP on the 11th October 2021. Status: Judical Review stage   - An Bord Pleanala conceded. 


  •  White Pines Central SHD


Ardstone's proposed development of 114 'Build-to-Rent' apartments units across 6 separate blocks ranging from 3-6 storeys in height. We have hired a planning consultant to make a submission . The deadline to make an objection was the 6th July 2021 and a decision by An Bord Pleanala is expected on the 21st September 2021 .  Information on the planning application is available on the www.sdcc.ie Ref:SHD3ABP-310398-21 Planning permission was granted by ABP on the 16th September 2021. Status: Judicial Review stage

 

  • White Pines East SHD.   


Ardstone's proposed development of 241 units within 5 blocks of apartments between 4 and 6 storey in height and duplex units (3 storey) on Stocking Avenue which is located on the side of a mountain on the former Green Acres lands, above the M50. We hired a planning consultant and a traffic consultant to make an objection. An Bord Pleanala granted permission on the 19th July 2021.   Information on the planning application including the ABP decision is available on the www.sdcc.ie Ref: SHD3ABP-309836-21 Status: Judicial Review stage. Update: It has been successfully referred (appeal) to the Supreme Court - click link below

https://www.irishtimes.com/business/2023/07/13/supreme-court-to-consider-when-developer-can-defend-permission-an-bord-pleanala-no-longer-backs/

 

What is a SID?

Strategic Infrastructure Developments (SIDS) are applications for planning permission directly to ABP for major infrastructure developments by local authorities and others.


  • Whitechurch Flood Alleviation Scheme (SID)


SDCC submitted a Strategic Infrastructure Development (SID) application for the Whitechurch Flood Alleviation Scheme to An Bord Pleanala. This involved the removal of natural riverbank, substantial number of parkland trees, riparian vegetation and habitat removal of protected species (otter, bats, birds of prey and kingfishers) within St Enda’s Park/Pearse Museum. It will remove trees from Sarah Curran Avenue and along Whitechurch Road. Few trees will be left standing as vast sections of this riverbank are to be removed to be replaced by artificial walls rendering a glacial river nothing more than an artificial drain. SDCC has ignored the obvious solution to tackle matters upstream by creating wetlands and it has failed to work with DLRCC to stop development that seeks to build on existing floodplains. Regrettably An Bord Pleanala granted planning permission. We have now challenged that decision in the High Court by way of a Judicial Review with a 3 day hearing scheduled for 5th October 2021. SDCC and ABP continue to refuse to upload online the submissions that Ballyboden Tidy Towns and others submitted to ABP. Therefore, SDCC have an incomplete planning file online which you can inspect on www.whitechurchfas.ie

In addition, SDCC have refused to release environmental information that we requested under the AIE Regulations.  We submitted an appeal to the Commission of Environmental Information and were successful in our efforts. Unfortunately we were not successful in our case see https://www.irishtimes.com/news/crime-and-law/courts/high-court/residents-group-loses-challenge-over-rathfarnham-flood-relief-works-1.4705913  We did seek leave to appeal but we were unsuccessful .We sought legal advice on our next steps. Status: Supreme Court Appeal - awaiting decision

https://www.irishtimes.com/news/ireland/irish-news/supreme-court-to-hear-appeal-over-rathfarnham-flood-relief-works-1.4853765

 STATUS: We lost Supreme Court Appeal

 https://www.irishtimes.com/crime-law/courts/2022/11/15/group-fails-in-supreme-court-bid-to-quash-approval-for-rathfarnham-flood-relief-works/

 


Updates on other SHDs & Other Planning Matters


  • Edmondstown SHD

Demolition of Kilmashogue House and outbuildings and demolition of Coill Avon House and outbuildings on Whitechurch Road  • The refurbishment and re-use of 2 no. stone outbuildings for community use, to be incorporated into an area of public open space on the southern lands; • The construction of a mixed-use development comprising neighbourhood centre and 178 no. residential units comprising 72 no. houses with 38 no. apartments and 68 no. duplex apartments located across 7 no. buildings ranging in height from 3 to 5-storey. This development is within the local authority areas of both SDCC and DLRCC and involves future connections for additional development on neighbouring sites. Information is available on the developer's website www.edmondstownshd.com and on www.sdcc.ie Ref; SHD3ABP-313059-22 with a deadline of 25th April 2022 to make an objection to An Bord Pleanala. Status: An Bord Pleanala refused planning permission.

 

  •  Stocking Lane SHD - Round 1

MacCabe Durney Barnes Ltd.’s SHD for 131 units on the former Dr. Barnes lands, opposite the Ballyboden Reservoir on Stocking Lane, was refused by An Bord Pleanala. We worked with local Springvale Residents to hire a Planning Consultant and a Traffic Consultant and are satisfied with the result but note that we expect another planning application for this site in the near future. Information on the planning application including the ABP decision is available on www.sdcc.ie Ref: SHD3ABP- 308763-20

 

  • Taylor’s Lane SHD

Shannon Home’s SHD proposal or 496 units on the former Augustinian Lands on Taylors Lane, which was approved by An Bord Pleanala and is currently the subject of a Judicial Review in the High Court with a hearing dates set for the 2nd November 2021.  We are currently fundraising to engage the services of a Senior Counsel to join our Junior Counsel. Information on the planning application including the ABP decision is available on the www.sdcc.ie Ref:SHD3ABP-307222-20 Status: Good news we won  - please see Judge Holland's 120 judgement which is a really important decision for us but also for other groups and other Judicial Reviews as legal precedent.

https://www.courts.ie/view/judgments/9b3ee329-4e04-48f1-b055-e1e6654dcf23/75f16b1a-d2c8-4e46-b26b-2d96a8821bb2/2022_IEHC_7.pdf/pdf

 

  • Scholarstown SHD

Ardstone’s SHD for 510 units on the former Cosgrave lands on Scholarstown Road was granted planning permission by An Bord Pleanala and is currently under construction. We do regret that the local Residents Association did not scope for a Judicial Review, as we had urged them to do, as we believed, based on legal advice, there were strong grounds to take such a legal challenge. We decided that we would set up this fundraising page so that we would be ready to challenge every other SHD that came into our area . We believe that all development should be sustainable and in compliance with the County Development Plan and principles of proper planning.

 


Update on Orlagh Roundabout & Bus Connects Route 12

The National Roads Authority have refused to release environmental information (AIE Request) for both the Orlagh Roundabout and BusConnects, Route 12. We sought an internal review from the NTA and were again refused. Following legal advice, we appealed this unreasonable refusal by the NTA to the Commissioner for Environmental Information and are awaiting the decision. We also submitted a AIE request to SDCC regarding the Orlagh Roundabout and they refused. We have asked them to review this decision.

Latest: we are delighted with the decision by the Commissioner for Environmental Information regarding NTA's refusal to grant us information regarding the Orlagh roundabout and Bus Connects Route 12. NTA have been instructed by the OCEI to "Having carried out a review under article 12(5) of the AIE Regulations on behalf of the Commissioner for Environmental Information, I find that the NTA failed to comply with article 7(4)(c) of the AIE Regulations and that this failure was not justified. I hereby annul the NTA’s decision. I direct the NTA to conduct a fresh decision-making process in this case, having regard to the appellant’s refined request."

This is a colossal win for transparency for Ballyboden and the wider area of Rathfarnham and Knocklyon  - read more: https://www.ocei.ie/decisions/organisation-t-and-nation/index.xml

UPDATE: BusConnects whilst we did receive data from Busconnects which we are studying BUT contrary to their website and public consultation documents BusConnects never produced any surveys so routes were chosen not on any scientific basis. It is not acceptable nor in the public good to say route decisions were made on the basis of surveys when no such surveys exist.









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