Why are we fundraising?

The biggest threat to sustainable development in Ballyboden, Rathfarnham and Knocklyon is the arrival of several Strategic Housing Developments (SHD) in our area and regrettably more are on their way.

 

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.

 

So what are Ballyboden Tidy Towns actually doing?

 

Ballyboden Tidy Towns works with residents and residents groups to fundraise and then to hire planning, traffic and legal consultants to prepare an objection, to be submitted to An Bord Pleanala, for each SHD and we do so under a very tight timeline of 5 weeks. So far, 8 SHDs applications have been lodged in our area - which is a burden for a small community group.

 

See further down where we update you on the latest news about them all . 

 

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 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 Pleanal 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  

 

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

 

Updates on other SHDs & Planning Matters

 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 fproposal 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 the Whitechurch Flood Alleviation Scheme

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

 

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 Enviromental 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 collossal 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

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