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 SDCC. Ref: 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.
- 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
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
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
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
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.
Unit 28B,
+353 (0) 93 52467
idonate.ie 
