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College Gate, Castleknock, Dublin 15 Planning Status and Development Potential Report
Declan Brassil & Co. 1
Environmental Impact Assessment
Screening Report
To accompany a Strategic Housing Development Application for
Mixed Use and Build To Rent (BTR)
Residential Development
On Lands at
A Site bound by Newmarket Square,
Ardee Street and Mill Street,
Newmarket, Dublin 8
Submitted on Behalf of
Nrek1 Limited
December 2021
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TABLE OF CONTENTS
1. INTRODUCTION ................................................................................................................................................................... 3
1.1 Irish Legislative Context ........................................................................................................ 3
1.2 About the Author and Structure of this Report ...................................................................... 4
3. PROPOSED DEVELOPMENT ............................................................................................................................................. 8
3.1 Physical Characteristics of Development ............................................................... 8
3.2 Services Infrastructure ......................................................................................... 11
3.3 Construction Phase .............................................................................................. 12
4. METHODOLOGY AND RELEVANT LEGISLATIVE CONTEXT .............................................................................. 21
4.1 Planning and Development Act, 2000 (as amended) (PDA) .............................................. 22
4.2 Planning and Development Regulations, 2001 (as amended) (PDR) ................................. 23
4.2.1 Schedule 5, Part 2 ................................................................................................ 23
4.2.2 Schedule 7 ........................................................................................................... 23
5. PROJECT SCREENING FOR EIA ..................................................................................................................................... 24
5.1 Step 1 – Mandatory Screening for EIA by Project Type ...................................................... 25
5.2 Step 2 – Threshold Screening for EIA ................................................................................. 25
5.2.1 Class 10 – Urban Development ........................................................................... 25
5.3 Sub-Threshold Developments ............................................................................................. 25
5.4 Assessment of the Proposed Development for Significant Likely Effects ........................... 26
5.4.1 Assessment under Schedule 7 of the Regulations .............................................. 26
5.4.2 Assessment under Schedule 7A of the Regulations ............................................ 41
6.0 CONCLUSION ..................................................................................................................................................................... 42
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1. INTRODUCTION
This Report accompanies a planning application submitted on behalf of Nrek1 Limited for the demolition
of all existing buildings on site and the construction of a 6-9 storey mixed use, primarily residential
development of 134 no. Build to Rent (BTR) apartments with associated ancillary amenity areas, a
commercial/retail unit at ground floor level, and ancillary and associated development and works. The
application site is located in Newmarket, Dublin 8, generally bound by Newmarket Square to the north,
Ardee Street to the west and Mill Street to the south.
The application is made under the Strategic Housing Provisions of the Planning and Development
(Housing) and Residential Tenancies Act, 2016 (the 2016 Act).
The purpose of this Report is to provide sufficient information to the competent authority to determine
whether an Environmental Impact Assessment Report (EIAR) is required. The Report has been prepared
having regard to article 299B(1)(b)(ii)(II)(A) and (B), together with article 299B(1)(c) of the Planning and
Development Regulations 2001, as amended (hereafter referred to as the Planning Regulations).
This should be read in conjunction with the Article 299B Statement submitted with the application. This
provides the information required by sub-paragraph (C) of Article 299B(1)(b)(ii)(II) - namely, a statement
indicating how the available results of other relevant assessments of the effects on the environment
carried out pursuant to European Union legislation other than the Environmental Impact Assessment
Directive have been taken into account.
All of this information is provided by the Applicant to enable the Board to complete an examination for
the purposes of a screening determination in accordance with Articles 299B and 299C of the Planning
Regulations. It is provided so that the Board may have regard to all of the matters prescribed at Article
299C(1)(a) of the Planning Regulations.
1.1 Irish Legislative Context
The proposed SHD is a sub-threshold development, as it comprises 134 no. build-to-rent residential units
on an overall site area of 0.32ha and a net site area of 0.19ha, and this is below the relevant 500 no. unit
and 10 ha thresholds under Class 10(b)(i), Class 10(b)(iv) of Part 2 of Schedule 5 of the Planning
Regulations.
No screening determination was requested or made under Section 7 of the Planning and Development
(Housing) and Residential Tenancies Act 2016 (as amended) (the ‘2016 Act’).
Articles 299B and 299C of the Planning Regulations prescribe the requirements for sub-threshold
development where no screening determination was made under Section 7 of the 2016 Act.
The application is not accompanied by an Environmental Impact Assessment Report (EIAR).
In cases where an application for sub-threshold development is not accompanied by an EIAR, but where
there is “significant and realistic doubt in regard to the likelihood of significant effects on the environment
arising from the proposed development”, Article 299B(1)(b)(ii)(II) of the Planning Regulations places an
obligation on the Board that it must satisfy itself that the Applicant has provided the following:
(A) the information specified in Schedule 7A,
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(B) any further relevant information on the characteristics of the proposed development and its
likely significant effects on the environment, and
(C) a statement indicating how the available results of other relevant assessments of the effects on
the environment carried out pursuant to European Union legislation other than the Environmental
Impact Assessment Directive have been taken into account’
Article 299B(1)(c) of the Planning Regulations indicates that:
‘The information referred to in paragraph (b)(ii)(II) may be accompanied by a description of the
features, if any, of the proposed development and the measures, if any, envisaged to avoid or
prevent what might otherwise have been significant adverse effects on the environment of the
development.’
This Report provides the information required by sub-paragraphs (A) and (B) of Article 299B(1)(b)(ii)(II),
namely the information specified in Schedules 7 and 7A of the Planning and Development Regulations
2001 (SI No. 600 of 2001), as amended, including details of the proposed development, the receiving
environment and other factors (including an assessment of the development against relevant criteria to
determine the likelihood of adverse environmental impacts arising), to enable An Bord Pleanála (ABP) to
determine whether or not EIA is necessary or not having regard to the criteria set out in Schedule 7 of the
Planning and Development Regulations, 2001 (as amended).
The preparation of this EIA Screening report has also afforded due regard to:
• Environmental Impact Assessment (EIA) Directive 2011/92/EU, as amended by EIA Directive
(2014/52/EU).
• European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018.
• Schedules 5, 6, 7 and 7A of the Planning and Development Regulations 2001 (SI No. 600 of 2001), as
amended.
• Environmental Protection Agency's Guidelines on The Information To Be Contained In Environmental
Impact Assessment Reports (2002)
• Advice Notes on Current Practice In The Preparation of Environmental Impact Assessment Reports
(2003).
• European Commission Impact Assessment Guidelines (2009),
• European Commission Environmental Impact Assessment of Projects, Guidance on Screening (2017).
• Department of Environment, Community and Local Government (DoECLG) Guidelines for Planning
Authorities & An Bord Pleanála on carrying out Environmental Impact Assessment (2018).
The report has also had regard to the Revised Guidelines on the Information to be Contained in
Environmental Impact Assessment Reports (Draft), August 2017; the Advice Notice for Preparing
Environmental Impact Assessment Reports (Draft), September 2015, and the Consultation Paper on
Transposition of 2014 EIA Directive (2014/52/EU) in the Land Use Planning and EPA Licencing Systems.
These documents are currently Consultation Drafts and it was considered appropriate that regard was had
to them on the basis they take account of the revised EIA Directive (2014/52/EU).
1.2 About the Author and Structure of this Report
Declan Brassil & Co. Ltd. (DBCL) was appointed as Planning Consultants and this Environmental Impact
Assessment (EIA) Screening Report was prepared by Declan Brassil of DBCL who has a Masters Degree in
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Urban and Regional Planning from University College Dublin and 25 years professional planning
experience, and Sinead O’Connor who has B.A. Mod. Hons. in Environmental Science from Trinity College
Dublin, a Masters in Regional and Urban Planning from University College Dublin, and has over 10 years
professional planning experience.
The authors have directed the preparation of EIARs for a range of different developments, including
infrastructure provision, residential developments and urban mixed-use projects.
This Report is structured as follows:
• Section 2 provides a description of the location and context of the subject site.
• Section 3 provides a description of the proposed development.
• Section 4 provides an overview of the relevant legislation, guidelines, criteria and methodology of
Screening for Environmental Impact Assessment.
• Section 5 provides a screening assessment of the project for EIA and the likelihood of adverse
environmental effects arising.
1.2 About the Author and Structure of this Report
This EIA Screening Report has been informed by a number of specialist reports and inputs from other
consultants. These reports are submitted as part of the planning application documentation and should
be read in conjunction with this report. These reports and inputs include:
• Natura Impact Statement prepared by Biosphere Environmental Services;
• Archaeological Desktop Report prepared by Archaeological Projects Limited;
• Architectural Conservation Report prepared by Mullarkey Pedersen Architects;
• Bird and Bat Assessment Report prepared by Wildlife Surveys;
• Verified Photomontages Booklet, together with Townscape and Visual Appraisal Report
prepared by Modelworks;
• Infrastructure Report prepared by Barrett Mahony Consulting Engineers;
• Site-Specific Flood Risk Assessment Report prepared by Barrett Mahony Consulting Engineers;
• Outline Construction and Environmental Management Plan prepared by Barrett Mahony
Consulting Engineers;
• Outline Construction and Demolition Waste Management Plan prepared by Barrett Mahony
Consulting Engineers;
• Operational Waste Management Plan prepared by AWN Consulting;
• Parking Report and Residential Travel Plan/Mobility Management Plan by Barrett Mahony
Consulting Engineers;
• Justification for Build-To-Rent Housing Development Report by CBRE Research;
• Site Lighting Report and Sustainability Report prepared by Homan O’Brien;
• BTR Wind Microclimate Study and Daylight, Sunlight and Overshadowing Study prepared by IES;
2. SITE LOCATION AND CONTEXT
The site is 0.32 ha in extent, located in the Newmarket, Liberties Area of Dublin City, approximately 1.7km
to the south-west of O’Connell Street Bridge. The red line site area consists of a brownfield, infill, re-
development site incorporating several light industrial and warehousing buildings, together with portions
of the immediately adjoining public paths and roadways to the north (Newmarket Square), west (Ardee
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Street) and south (Mill Street). The site is bound to the east by a recently completed office development,
known as the ‘Eight Building’. There are no plants or vegetation on the subject site, comprising entirely of
built surfaces.
The site is situated approximately 150m to the south of St Lukes Avenue / Cork Street and c.420m to the
west of New Street South, being two of the main arterial routes into the city centre. In this regard, the site
is proximate to a range of high quality, frequent Dublin Bus routes, and is accessible to both the Luas red
and green lines to the north-west and east respectively. These connections facilitate quick and easy travel
to the rail lines at Connolly Station to the north-east, while Heuston Station is located c.1km to the north-
west. The site is also located proximate to a range of high quality public open spaces/parks, with Weavers
Park c.120m to the west, Oscar Square c.70m to the south-west, the Cabbage Garden c. 480m to the east
and the St Patricks Park located c.450m to the north-east.
The 1-3 storey light industrial and warehousing buildings currently on site appear to have been
constructed during the 1970s or 1980s. Some of these buildings have since been converted for other uses
over the years, including the ‘City House’ office building which fronts onto Newmarket Square, and Unit 3,
Newmarket, which fronts onto Ardee Street/Mill Street, previously accommodating the Liberty Church.
Following sale of its property on Mill Street to the applicant, the Liberty Church relocated to a more
appropriate and modern premises at the Bluebell Community Centre (refer to letter from the Liberty
Church submitted with the application documentation). As noted previously, the proposed development
also includes localised pedestrian path and road upgrades to areas of Newmarket Square, Ardee Street
and Mill Street immediately surrounding the existing buildings on site.
Streets immediately surrounding the subject site are predominantly residential or mixed use in character.
Older two storey semi-detached and terraced dwelling houses generally situated to the west and south-
west of the site at Oscar Square and Chamber Street. Newer multi-storey apartment buildings with mixed
ground floor uses are located to the north and east of the subject site along St Lukes Avenue/Cork Street
and the eastern end of Newmarket Square.
Newmarket Square, located immediately to the north/north-west of the proposed development was the
site of a marketplace from at least the mid-18th Century. This position eroded in line with general Post-
War economic decline in the Liberties. The Newmarket and Mill Street area of the Liberties differs greatly
from its historical appearance as the great number of small plots in multiple ownership or leases were
replaced by a small number of large, impenetrable, single-use sites. Newmarket Square and Mill Street to
the south thereof has, until recently, been generally characterised by vacant/dilapidated plots or low-rise
industrial/commercial/office buildings that offer little or no activity onto adjoining public spaces. Since
2015/2016, Newmarket Square and its immediate surroundings have been undergoing significant
changes through the provision of large-scale redevelopment and regeneration projects, many of which
are currently under construction. A comprehensive overview of the planning history for the area is
provided in Section 3.4 of the submitted Planning Report and Statement of Consistency, as supplemented
with summary table and corresponding map at Appendix A of that report, which illustrates the evolving
character of the immediate area.
Figure 2.1 below is an extract from Google Maps illustrating the indicative site boundary in red and the
immediate site context, while Figure 2.2 illustrates the light industrial/warehousing/office buildings
proposed to be demolished in blue and the area of proposed public realm upgrade works in red.
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Figure 2.1 Immediate Application Site Context
Figure 2.2 Aerial View of Site and Buildings to be Demolished
The subject site is on lands zoned Objective Z10 in the Dublin City Development Plan 2017-2022 (DCDP)
‘To consolidate and facilitate the development of inner city and inner suburban sites for mixed uses, with
residential the predominant use in suburban locations, and office/retail/residential the predominant uses in
inner city areas’. The proposed residential BTR development, incorporating a large ground floor
commercial/retail use, accords with the zoning objective of the subject site.
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The subject site is within a designated Strategic Development and Regeneration Area (SDRA16) within the
DCDP. In addition, the subject site is within the Dublin City Zone of Archaeological Potential, while the
northern portion of the site with frontage onto Newmarket Square is also within a conservation area.
There are no protected structures or monuments on the subject site and none of the existing have any
archaeological or architectural significance or value.
3. PROPOSED DEVELOPMENT
This section provides information on the physical characteristics of the proposed development, and a
description of the location of the project, with regard to the environmental sensitivity of geographical
areas likely to be affected, as required under Para. 1 of Schedule 7A of the 2001 Regulations.
3.1 Demolition and Site Preparation Works
All existing buildings on the subject site will be demolished as part of the proposed development (as
illustrated in Drg. No. P19-149D-3.1_002 prepared by Reddy Architecture + Urbanism). The demolition of
the buildings and site clearance, together with the erection of site hoarding comprises the first phase of
development on the subject site.
The application is accompanied by an Outline Construction and Demolition Waste Management Plan
prepared by Barrett Mahony Consulting Engineers that should be read in conjunction with this Report.
3.2 Physical Characteristics of Development
The proposed development provides the construction of a 6-9 storey mixed use building with frontage
onto Newmarket Square to the north, Ardee Street to the west and Mill Street to the south. The proposed
building has a maximum height of 31.3 m and contains the following:
• 134 no. Build-To-Rent (BTR) apartment dwellings, comprising 1 no. studio unit, 96 no. 1 bed units,
7 no. 2 bed (3 person) units and 30 no. 2 bed (4 person) units. The proposed apartments are
primarily provided from first to eight floor level (132 no. units) with 2 no. units provided at
ground floor level with frontage onto Ardee Street.
• Private amenity space is provided in the form of balconies on all elevations (53 no. balconies),
together with terraces to 2 no. ground floor units and 2 no. units at the 7th floor;
• 1,131 sqm of external communal amenity space for future residents is provided in the form of a
podium level communal courtyard (330 sqm) and 5 no. communal garden terraces at roof level
(total of 801 sqm), incorporating associated landscaping, external lighting and seating areas.
• 115.7 sqm of internal communal amenity space for future residents is provided at ground floor
level, including a co-working area (60.6 sqm) and a games room (55.1 sqm).
• The main resident access to the BTR units is provided via a foyer (50 sqm) at ground floor level,
incorporating a reception desk and management/maintenance office area. Ancillary services for
BTR residents at ground floor level include a refuse storage area (58.3 sqm) and a bicycle storage
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area (184.4 sqm) accommodating 238 no. resident/visitor bicycle spaces and 2 no. spaces for
cargo bikes. Additional external access to the bike and bin storage areas is provided via doors
onto Mill Street.
• 606.1 sqm of ground floor level commercial/retail space is proposed, with direct frontage onto
Newmarket Square and at the corner of Newmarket Square and Ardee Street. The
commercial/retail unit includes a dedicated refuse storage area (27.9 sqm) and a bike storage area
(7.7 sqm) accommodating 8 no. spaces. Additional external access to the bike and bin storage
areas is provided via doors onto Newmarket Square.
• The ground floor level also incorporates ancillary infrastructure/services for the building including
an Energy Centre (80 sqm), Water Storage Plant (58 sqm) and 2 no. ESB substation/switch rooms.
The ESB substation/switch rooms are accessed directly from Newmarket Square.
Road, footpath, vehicular parking and public realm upgrade works are also proposed in the immediate
vicinity of the proposed building. These proposals include the provision of enhanced pedestrian facilities
along Newmarket Square, Ardee Street and Mill Street, and at the 2 no. road junctions immediately to the
north-west (Newmarket Square/Ardee Street/Chamber Street junction) and south-west (Mill Street/Ardee
Street/Oscar Square/Clarence Mangan Road junction) of the site, respectively. 5 no. additional car parking
spaces (including 1 no. dedicated car share space) and 1 no. loading bay, together with the relocation of
an existing bus stop are also provided along Ardee Street.
The proposed development also includes all associated site and development works and ancillary
infrastructure including water services, foul and surface drainage and connections, attenuation proposals,
lighting, landscaping and boundary treatments on a site area of 0.32 ha.
3.3 Access, Parking, Servicing Arrangements and Public Realm/Roadworks
Access to the ground floor and upper floor level BTR units is facilitated primarily via a dedicated entrance
foyer directly onto Ardee Street along the western elevation, incorporating a reception desk and
maintenance office. Secondary/emergency access points for the BTR units are provided in the north-
eastern corner of the development onto Newmarket Square and on the southern elevation onto Mill
Street. It is noted that the proposed co-working space, together with the BTR bin storage and bike
storage areas also benefit from direct access onto Mill Street.
Primary entrance doors for the proposed ground floor commercial/retail unit are provided at the corner
of Newmarket Square/Ardee Street, with secondary access doors provided at 2 no. locations along the
Newmarket Square elevation. A separate access point is provided along the Newmarket Square elevation
to the refuse and bike storage area serving the commercial/retail unit.
2 no. ESB substation/switch rooms are proposed in the north-eastern corner of the building, fronting onto
Newmarket Square. Both substation/switch rooms have direct access onto Newmarket Square for ease of
maintenance.
The proposed development has been designed as a zero-parking scheme due to its inner-city location
and in the interests of sustainable development. The BTR internal bike store has been sized to
accommodate 238 no. bicycle spaces, ensuring the provision of 1 no. space per BTR bedroom (171 no.
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spaces) and 1 no. visitor space per 2 no. units (67 no. spaces) in accordance with the Apartment
Guidelines. This bike store also provides space for the storage of 2 no. cargo bikes for use by BTR
residents for local shopping and trips requiring the carrying of packages or larger goods. The internal bike
store serving the commercial/retail unit has been sized to accommodate 8 no. bicycle spaces in
accordance with the requirements of the Dublin City Development Plan.
Please refer to the Parking Report and the Residential Travel Plan/Mobility Management Plan prepared by
Barrett Mahony Consulting Engineers (BMCE), which provide justifications for the zero parking scheme
and detail the package of measures designed to support more sustainable forms of travel within the
proposed development, respectively.
There is currently no on-site car parking for existing buildings. Public parking is provided to the north of
the site along Newmarket Square while informal, unregulated parking occurs to the west of the site along
Ardee Street. Loading doors on the existing buildings also correspond to designated loading/clearance
areas onto Newmarket Square and Ardee Street.
The redevelopment of the subject site will negate the requirement for the existing loading bay/clearance
areas onto Newmarket Square and Ardee Street. Therefore, there is an opportunity to facilitate the
reconfiguration of the parking area onto Newmarket Square, formalise the existing on-street parking
arrangement on Ardee Street, address the sub-standard footpath widths and improve pedestrian crossing
points immediately surrounding the proposed building.
In this regard, the proposed development includes the following public realm improvement works in the
vicinity of the proposed building:
• Provision of improved footpaths with a minimum width of 1.8m along Newmarket Square, Ardee
Street and Mill Street around the frontage of the proposed building;
• Provision of 5 no. car parking bays (including 1 no. car share space) and a loading bay along the
eastern side of Ardee Street;
• Relocation of an existing bus stop on the western side of Ardee Street. The exact final positioning
of the bus stop is to be agreed with the Dublin City Council Roads, Maintenance and Traffic
Division prior to the commencement of development, in liaison with the applicant/consulting
engineer for the adjoining mixed use/residential development on the western side of Ardee
Street, permitted under DCC Ref. 3266/20;
• Provision of improved uncontrolled pedestrian crossings incorporating dropped kerbs and tactile
paving at junctions to the north-west (Newmarket Square/Ardee Street/Chamber Street junction)
and south-west (Mill Street/Ardee Street/Oscar Square/Clarance Mangan Road junction) of the
proposed building.
• All associated ancillary road marking and signage improvement works.
The proposed public realm upgrade works are illustrated in Drg. No. LCS-BMD-ZZ-ZZ-DR-C-1050
prepared by Barrett Mahony Consulting Engineers, incorporating permitted public realm/roadway
upgrade works provided as part of adjoining redevelopment proposals. Extensive vehicle auto-tracking
has been carried out for fire tender, refuse vehicle, Dublin Bus vehicle and HGV construction vehicle
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access. These drawings, prepared by Barrett Mahony Consulting Engineers are included with the
application documentation and demonstrate that refuse trucks can safely access the internal Waste
Storage Areas and refuse collection points, with ease and without reversing.
3.4 Services Infrastructure
An Infrastructure Report has been prepared by Barrett Mahony Consulting Engineers and is submitted
with this application.
Water Supply: It is proposed that the existing 6” cast iron watermain to the north of the site is replaced
with a 100mm connection and water meter to Irish Water details. It is anticipated that the daily water
demand for the overall development would be 58,883 litres per day based on Irish Water. In addition,
water storage with the capacity of 24-hour water demand will be provided within the proposed
development.
Following the submission of a Pre-Connection Enquiry for 153 no. residential units on the subject site,
Irish Water (IW) issued a Confirmation of Feasibility Letter on the 10 May 2021 (contained in Appendix 5
of the Infrastructure Report). The letter confirms that connection to water services is feasible and could be
accommodated, subject to certain local upgrade works to the watermain infrastructure in the public
domain by Irish Water.
In addition, Irish Water also issued a Statement of Design Acceptance on the 15 November 2021 in
relation to the proposed water supply and foul drainage arrangements (contained in Appendix 6 of the
Infrastructure Report).
Foul Water Drainage: A proposed wastewater connection of 150mm diameter will connect to the
existing network along Mill Street. All internal foul drainage stacks will drop to ground floor slab level and
will be picked up by a network of underfloor slab internal foul drainage, which will drain southwards
towards Mill Street.
The Irish Water Confirmation of Feasibility Letter dated the 10 May 2021 and contained in Appendix 5 of
the Infrastructure Report confirms that the foul water connection can be facilitated without any upgrades
to the network. As noted above, Irish Water also issued a Statement of Design Acceptance in relation to
the proposed water supply and foul drainage arrangements (contained in Appendix 6 of the Infrastructure
Report).
Surface Water Drainage: Section 2.2 of the submitted Infrastructure Report states that the site of the
proposed new building currently comprises buildings which utilise a combined foul and rainwater
drainage pipework, which ultimately discharged into the combined sewer system on Mill Street. In this
regard, prior to the construction of the proposed development, a detailed underground utilities mapping
exercise shall be undertaken to establish the underground services around the perimeter of the site.
Furthermore, slit trenches shall be undertaken (with DCC consent and road opening licences) at the
proposed foul and surface water drainage outfall locations.
Section 2.3.3 of the Infrastructure Report states that the surface water drainage system of the proposed
development has been designed in accordance with the principles of Sustainable Drainage Systems
(SuDS) as embodied in the recommendations of the Greater Dublin Strategic Drainage Study (GDSDS) and
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will significantly reduce run-off rates and improve storm water quality discharging to the public storm
water system.
The outfall surface water manhole for the development shall be located inside the site boundary along
Mill Street, via a 225mm surface water connection. This manhole shall be constructed in accordance with
Greater Dublin Regional Code of Practice for Drainage Works and will be fitted with a double sealed
manhole cover.
The proposed development will comprise a new building with roof and podium drainage which will be
treated as a single catchment. Surface water from the building will be directed into a proposed 60 sqm
attenuation tank below the ground floor level slab, via silt trap manholes. Peak discharge to the outfall
manhole is to be restricted to 2l/s by a hydrobrake manhole, which will be fitted with a double sealed
manhole cover. Additional SuDS measures provided in the proposed development include proposed
‘intensive’ green roof area and an ‘extensive’ green roof area.
3.5 Demolition/Construction Works and Timeframe
As previously noted, an Outline Construction and Environmental Management Plan (OCEMP) has been
prepared by Barrett Mahony Consulting Engineers and is submitted with this application. The OCEMP
estimates that the proposed development will be constructed over a period of 18-24 months in a single
Phase, of which there will be various sub phases, as follows:
• Sub-Phase 1 involves the demolition of the existing buildings and site clearance works;
• Sub-Phase 2 will include the construction of the piled foundations, drainage and services trenches
and pits etc, superstructure frame up to roof level (columns, slabs, walls, stair-cores and lift-cores).
The structure of the building will comprise reinforced concrete.
• Sub-Phase 3 overlaps with sub-phase 2 and involves the construction of the building façade, roof
coverings and envelope, internal fit out, services and finishes, along with the completion of the
external roads, services, utilities and landscaping.
The main characteristics of the construction process and the nature of materials to be used is summarised
below. The main characteristics of the construction process and the nature of materials to be used is
summarised below.
• The construction process includes the following activities:
o Demolition of existing buildings and associated clearance works
o Pre-construction earth ground works and excavation works;
o Erection of structures and buildings;
o Construction of site infrastructure and site works,
o Fit out of buildings; and
o Landscaping of communal amenity areas.
• Materials required include:
o Construction materials;
o Elevational finishes and materials;
o Internal fit outs and finishes;
o Paving /surfacing;
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o Piped Infrastructure;
o Telecommunications connections;
o Landscaping.
A bill of quantities for the proposed development has not been prepared to date and as such it is not
possible at this time to estimate the quantity of material required for the construction stage. Where
feasible, material will be reused as part of the site development works in order to minimise truck
movements to and from the site, however, unsuitable excavated soil/demolition material is expected and
will have to be removed to an approved and licenced disposal site/landfill, by an appropriately approved
and licenced haulier. An asbestos survey of the building and environmental testing of the sub-slab ground
material have been carried out. These surveys have been used to inform the Outline Construction and
Demolition Waste Management Plan prepared by Barrett Mahony Consulting Engineers and submitted
with the application documentation. These will inform the Construction and Demolition Waste
Management Plan to be prepared by the Main Contractor when appointed, prior to commencement on
site.
The exact sequence and method of demolition and construction of the development will be confirmed
with the appointed Contractor prior to commencement on site. The Contractor will be required to prepare
a detailed Environmental & Construction Management Plan on foot of these proposals. The Outline
Construction & Environmental Management Plan submitted with the application documentation will
inform the eventual Contractor.
3.6 Likely Environmental Impacts and Effects - Construction Stage
The OCEMP incorporates appropriate mitigation measures to address a range of potential environmental
effects during the envisaged 18-month construction stage, including the following:
• Noise/Vibration;
• Dust;
• Construction Access and Traffic Management;
• Waste Management;
• Storage of Harmful Substances; and,
• Discharge and Site Drainage.
The OCEMP concludes that this plan details the ’construction management and environmental principles
that will be adopted to ensure that potential environmental impacts and health and safety issues associated
with the construction processes are effectively managed, minimized and / or eliminated. The plan details the
roles and responsibilities of the applicant, the site manager, project manager and site workers and how these
controls are to be implemented. This outline CEMP will require regular monitoring (and if necessary will be
updated), throughout the construction period to ensure potential risks are adequately managed throughout
the construction works.’ Given the temporary nature of construction works on a limited site area and the
implementation of a Construction and Environmental Management Plan, no significant effects are likely to
arise.
3.7 Likely Environmental Impacts and Effects – Operational Stage
The potential operational effects associated with the proposed development relate primarily to
biodiversity/ecology, townscape and visual impacts and architectural / archaeological heritage, as set out
below.
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Biodiversity/Ecology:
Section 3.3 of the submitted OCEMP identifies that there are no significant habitats or species present on
the subject site, consisting entirely of buildings and artificial surfaces. In this regard, the development of
the site is likely to have negligible direct impacts upon the existing habitats, fauna and flora.
In terms of indirect impacts, all soil, stone and overburden clay removed from the site during ground
works will be disposed of in an appropriate manner in accordance with waste management legislation. No
invasive species were observed on site that could impact on soil removal from the site. These surveys have
been used to inform the OCEMP. The construction of new drainage networks will comply with the specific
requirements of Irish Water, DCC Drainage Division and in accordance with the GDSDS and as a result will
have negligible impact on habitats and species surrounding proposed development site. Similarly,
upgrading existing pedestrian and road infrastructure immediately surrounding the site will be
undertaken in accordance with all the requirements of the DCC Transportation Planning Division.
A Bat and Bird Assessment was carried out by Wildlife Surveys and the report containing details of same is
submitted with the application. Two surveys of the subject site and immediately surrounding area were
carried out in April and May 2021. The results of the bird and bat surveys is summarised in the report as
follows:
‘No bats or birds were seen entering or leaving the buildings. There is no vegetation on the site.
There are low levels of bat activity around the site. One common pipistrelle flew over the site in
April. In May, the only bat activity recorded was in the two parks near the site. In both these areas, a
common pipistrelle was recorded. Herring gulls are availing of surrounding buildings but are not
using this site. There were no swifts or swallows on or in the buildings and no birds nesting on any
part of the site. Measures for ecological enhancement have been proposed for the development.’
In terms of potential impacts, the report states that no bat roosts were found on the subject site, that
there is low potential for roosts among the existing buildings and that there would be no loss of feeding
habitats for bats as a result of the proposed development. It was noted that there was no light coming
from the existing buildings during the survey and that even with mitigation, there is likely to be some light
spillage from the redevelopment of the site.
The Report includes the following recommendations:
• The provision of swift and bat boxes on the proposed building as a habitat enhancement
measure. Dual purpose 1MF boxes can be used in 3 locations or alternatively, 3 separate swift
boxes and 3 woodcrete bat boxes can be used.
• If bats are discovered at any stage of the building work, building work must cease and the bat
specialist and the Conservation Ranger of NPWS must be contacted.
• Addition of plants or trees on balconies or roof gardens and/or green walls would greatly
enhance the area for biodiversity as the subject site currently has no green space. It is noted that
rooftop gardens are a feature of this proposal, which will provide food for insects, bats and birds.
• Bats are sensitive to lighting and if additional lighting is required, it should be in accordance with
the following:
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o Bats and Lighting – Guidance Notes for Planners, Engineers, Architects, and Developers
(Bat Conservation Ireland, 2010).
o Bats and Lighting in the UK – Bats and the Built Environment Series (Institute of Lighting
Professionals, September 2018).
o Guidance Notes for the Reduction of Obtrusive Light GN01 (Institute of Lighting
Professionals, 2011).
It is further stated that the proposed development offers the potential to enhance the biodiversity of the
site by providing plants, roosting and nesting opportunities, resulting in a moderate long term positive
impact. In this regard, the landscaping proposals for the building, prepared by Doyle + O’Troithigh
Landscape Architecture include the provision of extensive planting proposals and several swift/bat boxes
in the communal open space areas of the development.
Notwithstanding the low level of bat activity around the site, the submitted Site Lighting Report prepared
by Homan O’Brien confirms that the lighting proposals for the proposed development will be designed in
accordance with the guidelines stated in the Bat and Bird Assessment Report, noting that the following
lighting design measures for bat protection have been imposed:
• Lighting has only been installed where necessary for public safety, cognisant of nearby bat
overflight/foraging paths. These lights have been designed and selected with specific shutters
and filters to minimise any potential for back spills into the sensitive locations while still providing
the primary function of safely lighting the pedestrian routes.
• Reflectance’s – Downward lighting can be reflected from bright surfaces. To minimize bat
disturbance, the design avoids the use of bright surfaces and incorporates darker colour lamp
heads and poles to reduce reflectance.
• Reflectance’s – Downward lighting can be reflected from bright surfaces. To minimize bat
disturbance, the design avoids the use of bright surfaces and incorporates darker colour lamp
heads and poles to reduce reflectance.
• Shielding of Luminaires & Light - To minimize bat disturbance, the design avoids the use of
upward lighting by shielding or by downward directional focus.
• Type of Light – To minimise bat disturbance, the design avoids the use of strong UV lighting. The
lighting design is based on the use of LED lighting which has minimal or no UV output of
significance. Warmer 2700°k to 3000°k LED lighting will be utilised for amenity areas, as the
warmer colour temperatures with peak wavelengths greater than 550nm (~3000°K) cause less
impacts on bats.
Architectural and Archaeological Heritage:
An Architectural Conservation Report, prepared by Mullarkey Pedersen Architects accompanies this
application.
The report states that the site lies within the wider Newmarket/Blackpitts/Tenters area, significant for its
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rich industrial heritage dating back to the Augustinian Abbey of St. Thomas. However, the report confirms
that there are no historical buildings or features remaining on the application site, consisting of existing
light industrial/warehousing units that have no architectural or historic significance. There are no
protected structures on the site, nor are any of the existing buildings on the National Inventory of
Archaeological Heritage.
The report notes that the site is not within an Architectural Conservation Area. The northern portion of
the site fronting onto Newmarket Square is within a ‘conservation area’ as detailed in the zoning map of
the Dublin City Development Plan 2016-2022.
In terms of the location of the site and surviving historic fabric, the report states that ‘very little historic
built fabric is retained at the western end of Newmarket. The primary surviving significance is the retention
of the spatial urban form of the 17th century market itself.’
Section 7 of the report provides the architectural impact assessment of the proposed development on the
historic urban character and context of the area, stating that:
‘The urban context is defined by the residual historical character of the area and the recent
development, generally of a significantly greater height and urban density, typically expressed in
multi-storey contemporary design. Elsewhere the vestiges of industrial heritage remain in street
pattern, street names and the significant historic space at Newmarket.’
The report notes that the proposed development represents a continuation of the significant change in
the recent physical and social character of this area, with the scale and massing reflecting that of recent
multi-storey developments to the east, generating a more urban character. In this regard, the report
concludes that:
‘The development will continue the regenerative impact achieved by recent development and further
assist in achieving Dublin City Council’s objectives for the Newmarket area. The proposal serves to
strengthen the existing urban grain and character through the introduction of a new building
aligned to, and re-emphasising, the historic urban space.’
An Archaeological Desktop Report has been prepared by Archaeological Projects Ltd and is submitted
with the application. This report notes that while the subject site is located outside and well beyond the
walled medieval town of Dublin, Newmarket is located within the zone of archaeological potential for
Dublin (DU018-020), closely associated with the Poddle river and its tributaries and diversions, and the
lands of St Thomas’s Abbey. In addition, several sites in the vicinity listed on the Record of Protected
Monuments and Places, however, none of the associated constraint zones extend to the subject site.
In terms of the existing structures/buildings on site, the report summarises that nothing of any
archaeological/ industrial heritage remains within the standing buildings, being unlikely that that any
structural remnants earlier than the mid-Victorian period are present in the current site fabric. The report
notes that while no archaeological test excavation has taken place on site, the immediately adjoining land
to the east (site of the recently constructed ‘Eight Building’) was excavated (Licence Ref. 18E0757) by the
author of the subject report. It is stated that many of the findings of that excavation can be transposed
into the subject site. The earliest level excavated at the site of the Eight Building was a roadway with a
stone and metalled surface, including deep ruts from carts. This is interpreted as a military road dating to
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the period after the 1640s and probably in use into the Cromwellian period and survived intact beneath
later tanneries, pits and other occupation levels of the site. It is expected that this road will continue into
the subject site at its lowest level. Examination of cartographic sources indicate that the site and
immediately adjoining lands had been used for industrial processes such as a lime kiln, tanning/currying
and as fertiliser/manure works in later periods.
In considering the potential impact of the proposed development, the report acknowledges that no
basement is proposed for the new development. All plant and other building essentials are located at
ground floor level. Previous geo-technical investigation in 2019 determines that concrete was present to
1200mm BPGL, and ‘Made Ground’ to a depth of 3000BPGL.
The report notes that ‘the proposed development shows two lift shafts, and two stairwells, one at the Mill
Street/ Ardee Street corner, and the other in the foyer off the northern end of Ardee Street. In this regard, it
is further stated that ‘ground preparation for the piles will entail the removal of concrete, and the
excavation/ grubbing up of localized areas of ground for the piles. This will impact on the subsurface
archaeological deposits, if such remain on the site. The average depth of concrete removal is estimated at
1500mm, and the trench for the connecting ground beams and the pile caps may be as much as 1000mm
below this level. Therefore while no basement is proposed for this development, quite a significant amount of
ground disturbance will take place. It is noted that the historic lime kiln complex, and the mid- 17th century
roadway, and overlying waterlogged deposits, are of archaeological importance, and quite vulnerable in the
context of this construction.’
On this basis, Archaeological test excavation is recommended in advance of development, focusing on the
location of the 18th century limekiln, the extent of the waterlogged deposits overlying the mid-17th
century roadway, and the road itself. A detailed impact assessment can be prepared when the piling
layout is prepared, with options for mitigation being either to preserve in situ, or by record, depending on
the potential for the former. All options will be subject to the approval of National Monuments and the
Planning Authority.
Townscape and Visual Impact:
The proposed development of a 6-9 storey building with ground floor active uses and BTR
accommodation above will replace several 1970/1980s industrial/warehousing/office buildings that front
onto Newmarket Square, Ardee Street and Mill Street, in the inner city of Dublin. As noted above, none of
the existing structures on site has architectural or historic significance.
This application is accompanied by a Verified Photomontage Booklet and a Townscape and Visual
Appraisal Report (TVA Report) prepared by Modelworks.
The Verified Photomontage Booklet contains the baseline views towards the site from 7 no. locations in
the surrounding area, views of the proposed development in the existing context and views of the
proposed development seen cumulatively with other permitted re-development schemes in the
surrounding area. The verified viewpoints are taken from publicly accessible areas surrounding the site:
• To the north along Ardee Street;
• To the east from Newmarket Square;
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• To the west from Chamber Street and Weaver Park;
• To the south-west from Oscar Square; and,
• To the south from Sweeneys Terrace.
The TVA Report is structured to provide a detailed overview of the receiving environment, relevant
national and city level planning policies, and the proposed development, followed by an assessment of
the townscape and visual effects. The townscape and visual appraisal has been carried out with reference
to the Landscape Institute Guidelines for Landscape and Visual Impact Assessment 2013 (GLVIA), the
Institute’s Information Note Townscape Character Assessment 2017, and the EPA draft Guidelines on the
Information to be Contained in Environmental Impact Assessment Reports 2017. The appraisal
methodology including explanation of the criteria and terms used is provided in Appendix 1 of the
Report.
The report identifies 7 no. local receiving character areas (LRCAs) within the immediate surrounding area
of the site and defines the sensitivity classification of each area. Overall, it is considered that the area is of
a medium sensitivity, with the identification and classification of these areas taking into consideration the
urban grain, historic evolution, existing land uses, conservation status, recent redevelopment proposals,
the Dublin City Council planning policy context, and the character areas (LCA 7 and LCA 8) of the recently
lapsed Liberties Local Area Plan (LAP). Section 5.2 and 5.3 of the report assesses the magnitude of the
townscape change on the relevant character areas of the lapsed Liberties LAP (LCA 7 & 8), together with
the previously identified 7 no. local receiving character areas (LRCAs). The magnitude of change to the
character areas is summarised as follows:
• LAP Character Area 7, Newmarket / Chamber-Weavers (LCA 7): The character of the proposed
development conforms with the LAP Objectives for the urban regeneration in LCA 7, and the
building mass, relative to the adjacent extant permitted development would result in a low
magnitude of change.
• LAP Character Area 8, Cork Street / The Coombe Corridor (LCA8): While the site is visible to
parts of Cork Street/St. Luke’s Avenue via Ardee Street, the change in character is primarily a
result of replacement of a deteriorating urban fabric with a high-quality active frontage and
mixed-use building as a cumulative element of a cluster of similar contemporary buildings.
Together, they reinforce the traditional urban form of the location and site. Considering the urban
grain and the enclosure of the land between Cork Street/ and Newmarket by the existing and new
buildings remaining similar to the existing, baseline magnitude of change relative to this part of
the townscape would be Low.
• LRCA 1 - Cork Street/St Luke’s Avenue Frontage: The change to the baseline character of LRCA
1 includes the frontages of extant permitted and under-construction developments in the
immediate vicinity of the site. These developments are of a similar quality to the proposed. The
mass/screening and character of the new developments results in a low magnitude of change
from the proposed development on LRCA 1.
• LRCA 2 - Chamber Street: The change to the baseline character Chamber Street, which includes
new development adjacent to the subject site would create capacity to accommodate the height
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and mass of the proposed development, resulting in a medium magnitude of change or increase
in built enclosure.
• LRCA 3 - Weavers Square and Park: The magnitude of change caused by the proposed
development perceptible from Weavers Square and Park is negligible.
• LRCA 4 - Ardee Street: Due to the scale of existing buildings on the subject site and the
presence of extensive new development adjacent to the proposed, there would be a cumulative
increase of the degree of built enclosure. Therefore, the magnitude of change to LRCA 4 caused
by the proposed development is medium, but the quality of the character would be improved.
• LRCA 5 - Newmarket Public Realm: The permitted changes to Newmarket Square by the Part 8
redevelopment will have the effect of improving the functionality and aesthetic ambience of the
space, enhancing Newmarket Square as a shared surface / public open space, and simplifying the
interface between the buildings and the space. The proposed development would result in a
slight cumulative increase of the degree of built enclosure to the baseline of Newmarket but
would be a limited element of the overall change taking into account the surrounding permitted
developments. The width of Newmarket as an open space allows it the capacity to accommodate
the increase in enclosure. The magnitude of change would be medium, but the quality of the
space would be improved.
• LRCA 6 - Oscar Square: The Proposed Development will not directly alter existing urban grain
and level of enclosure (resulting from terraced housing and trees) of residential areas to the south
and west of the site (including the vicinity of Oscar Square and Clarence Mangan Road). While the
site visible to parts of Oscar Square residential properties and public realm, the change in
character is primarily a result of replacement of a deteriorating urban fabric with a high-quality
frontage and cumulatively, a cluster of buildings that reinforce the traditional urban form of the
location and site, and therefore the area has a low sensitivity to change of the type proposed. The
impact of the proposed development on character will result in a low magnitude of change
cumulative to the baseline and would be positive to this part of the townscape.
• LCRA 7 - Mill Street and Warrenmount: Due to the extensive change that has taken place
within the LRCA, including the Warrenmount student accommodation and hotel complex and the
Eight Building adjacent to the proposed development, the impact of the proposed development
on character will result in a low magnitude of change cumulative to the baseline and would be
positive to this part of the townscape.
The report notes that the subject site is strategically located at the western end of Newmarket Square to
the south of one of the main entrances to the Square. The principle for high density residential
use/redevelopment of the site is established by the policies and guidance of the now lapsed 2009-2020
Liberties LAP and the 2016-2022 Dublin City Development Plan, particularly considering the location of
the site within the Strategic Development and Regeneration Area 16 (SDRA 16). It is stated that these
policies have been put in practice within the site’s context considering adjacent and local extant
permissions for similar development. Whilst the majority of permitted developments are 8 stories or less
in height, the 9-storey corner element is considered appropriate, playing an important role in ‘articulation
of the embedded urban form of Newmarket Square, improving the intuitive legibility of the streetscape both
on approach to and leading from Newmarket Square, and creating a focal point and demarcation’. The
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report further states that the general effect of the proposed development would, particularly the corner
element be to increase the built enclosure of Ardee Street and strengthening the urban character of
entrance to Newmarket Square, which such a change being classified as low magnitude.
Section 5.2.3 further summarises the magnitude of change to these key townscape character
areas/receptors as low, defined as ‘change that is moderate or limited in scale, resulting in minor alteration
to key elements, features or characteristics of the landscape, and/or introduction of elements that are not
uncharacteristic in the context. Such development results in minor change to the character of the landscape’.
Given that the character of the proposed development conforms with the LAP and City Development Plan
objectives for the regeneration of the area, reflects the material, texture and proportions of the adjacent
new structures and enhances the quality of the built environment (contemporary high-quality design
replacing low quality industrial/warehousing premises), the effect of the proposed development is
considered to be moderate and positive. Measuring the low magnitude of change against the overall
sensitivity of the receiving environment (Medium), the significance of the townscape effects is predicted
to be slight, defined as an ‘effect which causes noticeable changes in the character of the receiving
environment without affecting its sensitivities’. The effects on the townscape would generally be neutral.
However, the local effect on Newmarket Square and Ardee Street would be positive.
Regarding the visual effects assessment, the TVA report notes that the 7 no. verified viewpoints were
selected to represent the main elements, character areas and groups of visual receptors in the receiving
environment. The predicted visual effects are summarised in table 2 of the TVA report, extract provided in
Figure 3.1 below.
Figure 1.1 TVA Report – Extract of Table 2 – Summary of Visual Assessment
Section 7.1.2 of the TVA Report notes the following in relation to the above:
• Oscar Square/Ardee Street: Whilst the proposed development is 9 storeys in height, the
orientation of the principal façade to the street corner, the landmark location, the distinctly urban
architecture and the active frontage would give the building an appropriately substantial
presence in the streetscape, whilst being completely in keeping with the overall grain and
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massing of the adjacent buildings. On approach from Cork Street, Chamber Street or Oscar
Square, the height provides emphasis and demarcation of a principal access to Newmarket that is
not otherwise obvious from any distance. It introduces intuitive streetscape legibility where
needed and is therefore appropriate.
• Brabazon Street/Newmarket Corner: The photomontages illustrate that the width of
Newmarket Square can comfortably accommodate the frontage of the proposed development,
rising in steps from 6 storeys at the adjoining Eight Building to 9 storeys at the corner with Ardee
Street without dominating the permitted or existing structures or appearing to out of proportion.
It creates an appropriate sense of enclosure and frames the narrow vista of Chambers Street,
creating an enticement to explore beyond the boundaries of Newmarket and linking the wider
streetscape into the identifiable sequences of physical and visual form found within the
Newmarket and Weaver Square neighbourhood.
The effects on all other viewpoints were found to be of moderate/slight significance at most, and positive
or neutral. Overall, the magnitude of visual change (relative to the existing structure and to the permitted
adjacent development) would be medium, with the change resulting from the arrangement of built form
and the architecture more so than its height. The existing and permitted development, illustrated in the
‘cumulative’ photomontages, appears urban in character and integrated with the streetscape, but
potentially unbroken and repetitive. The proposed development provides an accent to the frontage that
complies design objectives of the LAP and DCDP and the heritage of the location through its use,
materials, massing, proportions and active frontage. This accent, through the height of corner at
Newmarket Square/Ardee Street, is appropriate given the site’s position on a key entrance to Newmarket.
The TVA report concludes that the ‘appraisal has found that the Proposed Development would protect and
capitalise on the unique character of the site and receiving environment while introducing a dense
residential neighbourhood of high architectural and urban design quality, delivering compact growth and
enhancement of the townscape and visual environment. In terms of the townscape and views, the Proposed
Development is appropriate to this location.’
4. METHODOLOGY AND RELEVANT LEGISLATIVE CONTEXT
Environmental Impact Assessment (EIA) requirements derive from EU Directive 2011/92/EU, as amended by
Directive 2014/52/EU which details the requirements for the screening of projects for Environmental Impact
Assessment. In this regard, recital (27) of Directive 2014/52/EU states that:
‘The screening procedure should ensure that an environmental impact assessment is only required for
projects likely to have significant effects on the environment’.
This EIA Screening Report provides the information specified in Schedule 7 and 7A of the Planning and
Development Regulations 2001 (SI No. 600 of 2001), as amended, including detail of the proposed
development, the receiving environment and other factors (including an assessment of the development
against relevant criteria to determine the likelihood of adverse environmental impacts arising), to enable
ABP to determine whether or not EIA is necessary or not having regard to the criteria set out in Schedule
7 of the Planning and Development Regulations, 2001 (as amended)).
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The preparation of this EIA Screening Report has also afforded due regard to:
• Environmental Impact Assessment (EIA) Directive 2011/92/EU, as amended by EIA Directive
(2014/52/EU).
• European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018.
• Schedules 5, 6, 7 and 7A of the Planning and Development Regulations 2001 (SI No. 600 of 2001), as
amended.
• Environmental Protection Agency's Guidelines on The Information To Be Contained In Environmental
Impact Assessment Reports (2002)
• Advice Notes on Current Practice in The Preparation of Environmental Impact Assessment Reports
(2003).
• European Commission Impact Assessment Guidelines (2009),
• European Commission Environmental Impact Assessment of Projects, Guidance on Screening (2017).
• Department of Environment, Community and Local Government (DoECLG) Guidelines for Planning
Authorities & An Bord Pleanála on carrying out Environmental Impact Assessment (2018).
The assessment has also had regard to the Revised Guidelines on the Information to be Contained in
Environmental Impact Assessment Reports (Draft), August 2017; the Advice Notice for Preparing
Environmental Impact Assessment Reports (Draft), September 2015, and the Consultation Paper on
Transposition of 2014 EIA Directive (2014/52/EU) in the Land Use Planning and EPA Licencing Systems.
These documents are currently Consultation Drafts and it was considered appropriate that regard was had
to them on the basis they take account of the revised EIA Directive (2014/52/EU).
4.1 Planning and Development Act, 2000 (as amended) (PDA)
Section 172(1) of the PDA sets out the following requirements for EIA:
“(a) the proposed development would be of a class specified in—
(i) Part 1 of Schedule 5 of the Planning and Development Regulations 2001, and either—
(I) such development would equal or exceed, as the case may be, any relevant quantity, area or other
limit specified in that Part, or
(II) no quantity, area or other limit is specified in that Part in respect of the development concerned,
or
(ii) Part 2 of Schedule 5 of the Planning and Development Regulations 2001 and either—
(I) such development would equal or exceed, as the case may be, any relevant quantity, area or other
limit specified in that Part, or
(II) no quantity, area or other limit is specified in that Part in respect of the development concerned,
or
(b) (i) the proposed development would be of a class specified in Part 2 of Schedule 5 of the Planning and
Development Regulations 2001 but does not equal or exceed, as the case may be, the relevant quantity,
area or other limit specified in that Part, and
(ii) it is concluded, determined or decided, as the case may be by a planning authority, in exercise of the
powers conferred on it by this Act or the Planning and Development Regulations 2001 (S.I. No. 600 of
2001)….that the proposed development is likely to have a significant effect on the environment.”
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4.2 Planning and Development Regulations, 2001 (as amended) (PDR)
Schedule 5 of the Planning and Development Regulations 2001-2016, as amended (PDR), sets out the
categories of development and thresholds for activities that require EIA for the purposes of Part X of the
PDA (above).
4.2.1 Schedule 5, Part 2
Schedule 5 (Part 2) sets out the categories of development and thresholds for activities that require EIA
and the following categories are relevant:
Class 10 (b)(i) provides for the ‘Construction of more than 500 dwelling units’.
Class 10(b)(iv) provides for ‘urban development which would involve an area greater than 2
hectares in the case of a business district, 10 hectares in the case of other parts of a built-up areas
and 20 hectares elsewhere’.
4.2.2 Schedule 7
Schedule 7A of the PDR set out the required information to be provided for purposes of screening sub-
threshold development for EIA by a Planning Authority, as follows:
“1. A description of the proposed development, including in particular—
(a) a description of the physical characteristics of the whole proposed development and, where relevant,
of demolition works, and
(b) a description of the location of the proposed development, with particular regard to the
environmental sensitivity of geographical areas likely to be affected.
2. A description of the aspects of the environment likely to be significantly affected by the proposed
development.
3. A description of any likely significant effects, to the extent of the information available on such
effects, of the proposed development on the environment resulting from—
(a) the expected residues and emissions and the production of waste, where relevant, and
(b) the use of natural resources, in particular soil, land, water and biodiversity.
4. The compilation of the information at paragraphs 1 to 3 shall take into account, where relevant, the
criteria set out in Schedule 7.”
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5. PROJECT SCREENING FOR EIA
The flow-chart below illustrates the Screening Process, as set out in Section 3.2.2 of the Draft EPA
Guidelines (2017).
There are three key steps in carrying out an EIA Screening Assessment, as follows:
• Step1 is to determine if the project requires a mandatory EIAR. Such projects are defined in Article 4 of
the EIA Directive and set out in Annexes I and II of the Directive and Planning and Development
Regulations, specifically Schedule 5, Part 1 – Development for purposes of Part 10.
• Step 2 involves a determination on whether or not a project exceeds a specific and prescribed
threshold, as set out in the Planning and Development Regulations, Schedule 5, Part 2 - Development
for purposes of Part 10.
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• Step 3 requires a determination of whether or not the project is likely to have significant effects on the
receiving environment.
5.1 Step 1 – Mandatory Screening for EIA by Project Type
Having regard to the above flow-chart in the preceding section, the first stage in the screening process
includes an examination of the project and determination whether or not the proposed project is of a
type that is defined in Article 4 and set out in Annex I and II of the Directive or Schedule 5, Part 1 of the
Planning and Development Regulations, as amended.
The proposed development does not fall within any of the prescribed category of development requiring
a mandatory EIA. Accordingly, there is no mandatory / statutory requirement for the subject development
to be subjected to EIA.
Having regard to Annex II of the Directive, it is considered that the proposed development falls within
Class 10 – ‘Urban Development’.
5.2 Step 2 – Threshold Screening for EIA
The next screening step is to determine whether the identified project type exceeds a specific threshold
set out in the legislation. Schedule 5 (Part 2) sets out the categories of development and thresholds for
activities that require EIA.
5.2.1 Class 10 – Urban Development
Class 10(b)(i) provides for the ‘Construction of more than 500 dwelling units’, and Class 10(b)(iv) provides
for ‘urban development which would involve an area greater than 2 hectares in the case of a business
district1, 10 hectares in the case of other parts of a built-up areas2 and 20 hectares elsewhere’.
The proposed development consists of the construction of 134 no. build to rent dwellings in a 6-9 storey
building and therefore falls far below the applicable 500 unit threshold. This site has an overall area of
0.32ha and is located within Dublin’s inner city, below the thresholds for both a ‘built-up area’ and
‘business district’ as defined in the Regulations.
Accordingly, it is considered that EIA is not a mandatory requirement for the proposed project.
5.3 Sub-Threshold Developments
Section 172(b)(i) and (ii) of the Planning and Development Act 2000, as amended, state that the competent
authority can also require an EIA where a project is below the specified threshold due to the likelihood of
significant effects on the environment. Article 103(3) of the Planning and Development Regulations, 2001
1 Business district means a district within a city or town in which the predominant land use is retail or commercial use.
2 Built-up area means a city or town (where “city” and “town” have the meanings assigned to them by the Local
Government Act, 2001) or an adjoining developed area;
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as amended states that in determining whether a proposed development would or would not be likely to
have a significant effect on the environment, regard shall be given to the criteria set out in Schedule 7.
The criteria listed in Schedule 7 of the Regulations will be amended upon adoption of the Draft EIAR
Guidelines, which include a range of considerations for determining the likelihood of significant
environmental effects on the environment.
Section 3.2.3 of the Draft EPA Guidelines (2017) states:
‘Where a project is of a specified type but does not meet, or exceed, the applicable threshold then the
likelihood of the project having significant effects on the environment needs to be considered. Both
the adverse and beneficial effects are considered. This is done by reference to the criteria specified in
Annex III of the amended Directive’.
5.4 Assessment of the Proposed Development for Significant Likely Effects
Annex 3 of the EIA Regulations set out the screening criteria in relation to proposed developments
classified as Schedule 2 developments. These criteria seek to provide an understanding of the character
and complexity of impacts as well as any sensitivities which relate to a site. In summary, the criteria fall
under three broad headings:
• Characteristics of the development – taking into account the size, use of natural resources,
production of waste and emissions and risk of accidents, etc.
• Location of the development – consideration of environmental sensitivity of geographical areas
likely to be affected by development; and
• Characteristics of the potential impact – specifically having regard to the extent, magnitude,
complexity, probability, duration, frequency and reversibility of the impact.
5.4.1 Assessment under Schedule 7 of the Regulations
Tables 5.1 to 5.3 provides a summary of the required information to be provided for screening purposes.
Table 5.1: Characteristics of the Proposed Development
The characteristics of proposed development, in particular—
Criteria Assessment
(a) the size and design of the whole of
the proposed development,
The proposed development does not meet the thresholds
for an EIA as outlined in Section 5.2 above.
The proposed development has an overall site area of 0.32
ha and consists of the demolition of several 2-3 storey
1970/1980’s light industrial/warehousing/commercial
buildings and construction of a 6-9 storey building
accommodating 134 no. build to rent residential dwellings
and a ground floor commercial/retail unit of 606.1 sqm, on
a net site area of 0.19ha. The remaining 0.13ha of the site
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area provides for proposed works to the public realm/roads
immediately adjoining the proposed building, incorporating
enhancements to pedestrian footpaths, pedestrian junction
crossings and public parking in the form of 5 no. additional
parking spaces and a loading bay.
The development is likely to provide for a defined
construction period and is confined to the above site area.
Construction practices will be regulated by a Construction
Environmental Management Plan. The size and design of
the project is not likely to cause significant effects on the
environment.
(b) cumulation with other existing
development and/or development the
subject of a consent for proposed
development for the purposes of section
172(1A)(b) of the Act and/or
development the subject of any
development consent for the purposes of
the Environmental Impact Assessment
Directive by or under any other
enactment,
The site is located in the Newmarket/Liberties Area of
Dublin City, bound by Newmarket Square to the north,
Ardee Street to the west, Mill Street to the south and to the
east by a recently constructed office building known as the
‘Eight Building’.
The subject site is on lands zoned Objective Z10 in the
Dublin City Development Plan 2017-2022 (DCDP): ‘To
consolidate and facilitate the development of inner city and
inner suburban sites for mixed uses, with residential the
predominant use in suburban locations, and
office/retail/residential the predominant uses in inner city
areas’. In addition, the subject site is is also located within
the boundary of the now lapsed Liberties Local Area Plan,
and within a designated Strategic Development and
Regeneration Area (SDRA) within the DCDP – SDRA 16
Liberties and Newmarket Square. SDRA’s are areas with
substantial development capacity and the potential to
deliver the residential, employment and recreational needs
of the city. The DCDP and associated zonings, designations,
policies and objectives has been subject to Strategic
Environmental Assessment. The proposed residential BTR
development, incorporating a large ground floor
commercial/retail use accords with the zoning objective of
the subject site.
Arising from its designation as an SDRA, Newmarket Square
and its immediate surroundings have been undergoing
significant changes since 2015/2016 through the provision
of large-scale redevelopment and regeneration projects,
many of which are currently under construction around the
subject site. A comprehensive overview of the planning
history for the area is provided in Section 3.4 of the
submitted Planning Report and Statement of Consistency,
as supplemented with summary table and corresponding
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map at Appendix A of that report, which illustrates the
evolving character of the immediate area.
Developments surrounding the subject site have been
assessed and granted by Dublin City Council and/or An
Bord Pleanála, guided by policies and objectives of
national/regional guidance, the Dublin City Development
Plan and the now lapsed Liberties Local Area Plan. Recently
permitted developments or developments currently under
construction are noted below:
• The northern side of Newmarket Square is
permitted to consist of a 6-8 storey hotel (151
beds), incorporating a bar/restaurant, together with
an independent retail unit and a café/restaurant
unit; a 6-13 storey build to rent housing
development (419 units) with ground floor level
commercial units; and a 2-8 storey student
accommodation development (368 no. bedspaces)
immediately to the north of the subject site. It is
noted that all of these developments appear to be
currently under construction, with previous
buildings demolished.
• A proposal has been recently granted by Dublin
City Council (DCC Ref. 2046/21) for a 2-9 storey
mixed use, predominantly residential development
(39 no. units) with ground floor level retail units (2
no.) and a communal market area adjoining the
Teelings Distillery. It is noted that the decision of
Dublin City Council was appealed to An Bord
Pleanála by a third party and a decision from the
Board is due in March 2022.
• The western side of Newmarket Square and Ardee
Street is permitted to consist of a 4-5 storey mixed
use development containing 27 no. apartments and
a retail unit – construction has yet to commence on
this development.
• 2 no. multi-storey social housing developments (55
no. units) are also under construction further to the
west of the site on Chambers Street, adjoining
Weaver Park.
• A Student Accommodation (235 no. bedspaces) and
Build-To-Rent housing development (37 no.) in a
series of blocks ranging from 3-7 storeys is
currently under construction to the south of the site
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at the corner of Mill Street and Clarence Mangan
Road, adjoining recently constructed and
operational student accommodation developments
(with other ancillary uses generally provided at
ground floor level).
It is noted that the construction phase of permitted and
currently under construction developments are also guided
by site-specific Construction and Environmental
Management Plans agreed with Dublin City Council prior to
commencement.
Cumulative impacts may arise in relation to construction
traffic should there be delays on the completion of
developments currently under construction, or if
development commences on recently permitted
redevelopment sites in the immediate vicinity. In this regard,
Section 6.12 of the Outline Construction and Environmental
Management Plan (OCEMP) notes that a Construction
Traffic Management Plan will be put in place to control
access to and egress from the site for construction traffic,
routing, delivery times and off-loading proposals which will
be subject to agreement with DCC. This plan shall take the
surrounding construction sites and construction traffic into
account to minimise the impact of construction traffic on
the immediate area. The OCEMP has noted the potential
location of construction access points and traffic routes for
the proposed development, together with existing access
points and set down areas for currently active construction
sites. In this regard, it is considered that there will not be
significant overlap or conflict in terms of construction traffic.
In terms of operational impacts, the proposed development
represents the continuation of the recent comprehensive
redevelopment of the immediate area, which previously
contained inappropriate and inefficient uses of scarce urban
land, as provided for in the DCDP and Liberties LAP.
Cumulatively, the proposed development, in conjunction
with other developments recently completed, permitted and
currently under construction will provide a vibrant and
sustainable neighbourhood of mixed uses, tenure, building
form and design, in an area of Dublin’s inner city which
benefits from its proximity to a range of public transport
options, services, facilities and employment.
A Townscape and Visual Assessment (TVA) Report, together
with a booklet of Verified View Photomontages
accompanies the application. Both the Verified Views and
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the TVA Report illustrate and consider the impact of the
proposed development, cumulatively with other
developments in the immediate area. As detailed in section
3.7 above, the TVA concludes the following in relation to
townscape and visual impact:
• Overall, it is considered that the area is of a medium
sensitivity, with the identification and classification of
these areas taking into consideration the urban grain,
historic evolution, existing land uses, conservation
status, recent redevelopment proposals, the Dublin
City Council planning policy context, and the character
areas (LCA 7 and LCA 8) of the recently lapsed Liberties
Local Area Plan (LAP).
• The magnitude of change to key townscape character
areas/receptors as low, defined as ‘change that is
moderate or limited in scale, resulting in minor
alteration to key elements, features or characteristics of
the landscape, and/or introduction of elements that are
not uncharacteristic in the context. Such development
results in minor change to the character of the
landscape’.
• Given that the character of the proposed development
conforms with the LAP and City Development Plan
objectives for the regeneration of the area, reflects the
material, texture and proportions of the adjacent new
structures and enhances the quality of the built
environment (contemporary high-quality design
replacing low quality industrial/warehousing premises),
the effect of the proposed development is considered
to be moderate and positive. Measuring the low
magnitude of change against the overall sensitivity of
the receiving environment (Medium), the significance
of the townscape effects is predicted to be slight,
defined as an ‘effect which causes noticeable changes in
the character of the receiving environment without
affecting its sensitivities’. The effects on the townscape
would generally be neutral. However, the local effect
on Newmarket Square and Ardee Street would be
positive.
• Overall, the magnitude of visual change (relative to the
existing structure and to the permitted adjacent
development) would be medium, with the change
resulting from the arrangement of built form and the
architecture more so than its height. The existing and
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permitted development, illustrated in the ‘cumulative’
photomontages, appears urban in character and
integrated with the streetscape, but potentially
unbroken and repetitive. The proposed development
provides an accent to the frontage that complies
design objectives of the LAP and DCDP and the
heritage of the location through its use, materials,
massing, proportions and active frontage. This accent,
through the height of corner at Newmarket
Square/Ardee Street, is appropriate given the site’s
position on a key entrance to Newmarket.
The TVA report concludes that the ‘appraisal has found that
the Proposed Development would protect and capitalise on
the unique character of the site and receiving environment
while introducing a dense residential neighbourhood of high
architectural and urban design quality, delivering compact
growth and enhancement of the townscape and visual
environment. In terms of the townscape and views, the
Proposed Development is appropriate to this location.’
Accordingly, no significant impacts are considered in
relation to townscape or visual impact.
(c) the nature of any associated
demolition works
The proposed development would require the demolition
and removal of all existing buildings on site and would
include groundworks to facilitate the proposed construction
works.
Site development / preparation works required to facilitate
the project will be carried out in accordance with best
practice. Given the relatively limited scale of these
associated site development works, no likely significant
impacts are likely to occur.
(d) the use of natural resources, in
particular land, soil, water and
biodiversity,
Development of the site, would by its very nature, require
the use of a range of natural and manmade construction
materials. No significant impacts are expected to occur on
the site or in the vicinity of the site through the use of
natural resources. The construction phase of the proposed
development will use natural resources including aggregate,
cement, wood and water, sourced off site. These are
secondary impacts associated with off-site activities, such as
quarrying, which are subjected to separate consenting
procedures, which consider the impacts arising at those
locations.
The proposed development does not include the extraction
of materials or groundwater from local sources. It is not
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anticipated that the development would generate water
supply requirements that would have a significant effect.
Connections to existing water supplies are provided in the
proposed development and enquiries to Irish Water indicate
that these connections are feasible.
Given that the site comprises entirely of artificial structures
and surfaces, which are not being used by birds or bats,
there is no potential for significant impacts arising from a
biodiversity or ecological perspective. It is anticipated that
the landscaping of the communal open spaces,
incorporating swift/bat boxes will enhance the biodiversity
and ecological resource of the area. Mitigation measures
have been provided in the lighting design in relation to bats
and light spill.
It is concluded that there will be no significant likely effects
on the environment in relation to natural resources in the
area.
(e) the production of waste No potential significant impacts are envisaged on the site or
in the vicinity of the site as a result of the production of
waste by the proposed development.
Construction will be guided by a Construction and
Environmental Management Plan, together with associated
Construction and Demolition Waste Management Plan.
Waste produced as a result of the demolition of existing
structures and the construction of the proposed
development will be stored and disposed in a sustainable
manner and in accordance with all relevant environmental
guidance and policy documents. Demolition and
Construction Waste will be disposed of using licensed waste
disposal facilities and contractors. The scale of the waste
production in conjunction with the use of licensed waste
disposal facilities and contractors will not likely have a
significant effect on the environment.
During the operational phase, everyday waste and
recycling from residential dwellings will be disposed of by
approved licensed waste disposal contractors. There are
no significant mitigations measures or methods to be
undertaken in order to reduce likely significant effects on
the environment in order to complete the proposed
scheme.
(f) pollution and nuisances, Potential impacts of the proposed development in relation
to pollution and nuisances are mainly predicted to occur at
the construction stage of the development and include Air,
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Noise, Vibration, Water and Traffic. These potential impacts
at the construction stage as detailed elsewhere in this
report.
Best practice methods will be utilised during construction to
mitigate potential impacts from pollution on the local
environment during construction. There will be some
potential for short-term noise and vibration impacts during
construction, and prevention measures to reduce nuisance
are set out in the submitted Outline Construction and
Environmental Management Plan (CEMP) which
accompanies the planning application. These measures will
inform the CEMP to be prepared by the final contractor for
agreement with Dublin City Council prior to
commencement.
Subject to the implementation of the mitigation measures
identified in the CEMP, and conditions attached to any
grant of planning permission, it is envisaged that any likely
environmental impacts would be appropriately avoided and
mitigated. No significant impacts are likely to occur.
(g) the risk of major accidents, and/or
disasters which are relevant to the
project concerned, including those
caused by climate change, in accordance
with scientific knowledge, and
Best practice construction measures will be employed
throughout the construction phase. It should also be noted
that the subject lands are not located in close proximity to
any Seveso site(s).
Accompanying this application is a Site-Specific Flood Risk
Assessment (SSFRA), prepared by Barrett Mahony
Consulting Engineers. The SSFRA identifies that the site of
the proposed development falls in Flood Zone C and
therefore, is deemed ‘Appropriate’ in accordance with the
guidelines of the OPW’s publication. Therefore, a
‘Justification Test’ and / or Stage 3 Detailed Flood Risk
Assessment is not required. Section 2 of the assessment
identifies flood risk from various sources, including fluvial,
tidal, pluvial and groundwater. In all instances the proposed
building is not identified to be at risk of flooding. The
proposed drainage system and attenuation infrastructure
has taken into account 20% climate change factor and
appropriately controls the rate of runoff from the site to
existing drainage systems. Therefore, it is considered that
the proposed development will not increase flood risk
elsewhere.
The proposed development will utilise established building
materials and technologies typical of the nature and scale of
such development in a highly urbanised area. No potential
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significant impacts are envisaged as a result of the materials
or technologies used.
(h) the risks to human health (for
example, due to water contamination or
air pollution)
Potential impacts of the proposed development which may
be relevant to human health relate to factors previously
detailed, such as noise, water and air pollution, as set out
and discussed above.
Subject to the implementation of appropriate construction
management, the proposed development is unlikely to pose
any significant risks to human health.
Table 5.2: Location of the Proposed Development
The environmental sensitivity of geographical areas likely to be affected by the proposed
development, with particular regard to—
Criteria Assessment
(a) the existing and approved land use, The proposed development has an overall site area of
0.32 ha. The site primarily consists of the demolition
of several 2-3 storey 1970/1980’s light
industrial/warehousing/commercial buildings
proposed to be demolished, replaced by the
proposed 6-9 storey building accommodating 134 no.
build to rent residential dwellings and a ground floor
commercial/retail unit, on a net site area of 0.19ha.
The remaining 0.13ha of the site area provides for
proposed works to the public realm/roads
immediately adjoining the proposed building,
incorporating enhancements to pedestrian footpaths,
pedestrian junction crossings and public parking in
the form of 5 no. additional parking spaces and a
loading bay.
The subject site is on lands zoned Objective Z10 in
the Dublin City Development Plan 2017-2022 (DCDP)
‘To consolidate and facilitate the development of inner
city and inner suburban sites for mixed uses, with
residential the predominant use in suburban locations,
and office/retail/residential the predominant uses in
inner city areas’. The proposed residential BTR
development, incorporating a large ground floor
commercial/retail use, accords with the zoning
objective of the subject site. In addition, the
redevelopment of the site is in accordance with the
Strategic Development and Regeneration Area
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(SDRA) designation of the site.
The proposed development is a plan-led
development, which has been subjected to Strategic
Environmental Assessment. The proposed
development is generally consistent with the
statutory planning framework for the site and will
result in positive economic, employment and social
effects. Urban consolidation would also contribute
towards meeting strategic population targets.
As such, no potential adverse impacts are envisaged.
(b) the relative abundance, availability,
quality and regenerative capacity of
natural resources (including soil, land,
water and biodiversity) in the area and
its underground,
The subject site is a brownfield site, currently
comprising low rise 1970s/1980s light
industrial/warehousing/commercial buildings and
surrounding roadways, with no vegetation present
and no evidence of use by bats or birds. There are no
significant natural resources present on the site or its
immediate surroundings, being urban in nature.
The main potential impacts on soils and geology
would result from the construction through the
demolition of existing buildings and excavation
required to facilitate overall development works, in
particular the construction of foundations, foul and
surface water sewers and infrastructure. Such impacts
would be temporary in nature and appropriately
controlled by a Construction and Environmental
Management Plan, together with a Waste
Management Plan. Construction stage mitigation
measures are provided in relation to the
implementation of best practice construction
measures to ensure protection of surface waterbodies
and the control/containment of potential
pollutants/contaminants generated on site as detailed
in the Construction and Environmental Management
Plan.
The proposed development is designed to comply
with the recommendations of the Greater Dublin
Sustainable Drainage Study, including the provision
of Sustainable Urban Drainage Systems and is
therefore unlikely to have any residual impacts in
terms of the impact on surface water drainage.
It is considered that the proposed development
would not have any significant impact on the
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underlying bedrock, geology, or hydrogeology of the
site, either during the construction or operational
phases of development.
The proposed development is accompanied by a
Natura Impact Statement.
It is considered that the proposed development
would not have any significant impact on the
underlying bedrock, geology, or hydrogeology of the
site, either during the construction or operational
phases of development.
(c) the absorption capacity of the natural
environment, paying particular attention
to the following areas:
(i) wetlands, riparian areas, river
mouths;
(ii) coastal zones and the marine
environment;
(iii) mountain and forest areas;
(iv) nature reserves and parks;
(v) areas classified or protected under
legislation, including Natura 2000 areas
designated pursuant to the Habitats
Directive and the Birds Directive and;
(vi) areas in which there has already
been a failure to meet the environmental
quality standards laid down in
legislation of the European Union and
relevant to the project, or in which it is
considered that there is such a failure;
(vii) densely populated areas;
(viii) landscapes and sites of historical,
cultural or archaeological significance.
The proposed development site is not adjacent to any
wetlands, riparian areas, river mouths, costal zones
(marine environment), mountains, forested areas or
nature parks/reserves.
The subject site is not connected to an area wherein
there has already been a failure to meet
environmental quality standards.
Construction stage measures are provided in relation
to the implementation of best practice construction
measures to ensure protection of surface waterbodies
and the control/containment of potential
pollutants/contaminants generated on site as detailed
in the Construction and Environmental Management
Plan. Regarding the operational stage, the proposed
development has been designed to comply with the
recommendations of the Greater Dublin Sustainable
Drainage Study, including the provision of
Sustainable Urban Drainage Systems, attenuation
features, flow control and interception devices. These
are provided to treat surface water and restrict
discharge rates to existing surface water drainage
infrastructure in the vicinity of the site.
It is noted that the proposed building is located
within Flood Zone C and that there are no flood risks
associated with the site.
The proposed development has been subjected to an
Appropriate Assessment Screening and a Natura
Impact Statement has been prepared and submitted
with the application.
The subject site does not contain buildings of
architectural or historic significance as confirmed in
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the Architectural Conservation Report submitted with
the application.
The groundworks could have a potential impact on
unknown sources of archaeological remains. An
Archaeological Desktop Report has been prepared by
Archaeological Projects Ltd and is submitted with the
application. On this basis of potential impacts on
subsurface archaeological remains by excavations
following demolition, archaeological test excavation is
recommended in advance of development. It is stated
that a detailed impact assessment can be prepared
when the piling layout is prepared, with options for
mitigation being either to preserve in situ, or by
record, depending on the potential for the former. All
options will be subject to the approval of National
Monuments and the Planning Authority.
The application is also accompanied by a Townscape
and Visual Assessment Report which confirms that
the proposed development will ‘protect and capitalise
on the unique character of the site and receiving
environment while introducing a dense residential
neighbourhood of high architectural and urban design
quality, delivering compact growth and enhancement
of the townscape and visual environment. In terms of
the townscape and views, the Proposed Development is
appropriate to this location.’
It is considered that the receiving environment has
sufficient capacity to absorb the proposed
development and no significant likely effects are
envisaged.
Table 5.3: Type and Characteristics of Potential Impacts
The likely significant effects on the environment of proposed development in relation to criteria
set out under paragraphs 1 and 2, with regard to the impact of the project on the factors
specified in paragraph (b)(i)(I) to (V) of the definition of ‘environmental impact assessment
report’ in section 171A of the Act, taking into account-
Criteria Assessment
(a) the magnitude and spatial extent of
the impact (for example, geographical
area and size of the population likely to
be affected),
Potential environmental impacts during the
construction phase of the proposed development will
be localised to the site and immediate surroundings.
It is expected that the proposed development will not
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have any environmental impact beyond the
immediate environs of the site.
b) the nature of the impact, It is not anticipated that the proposed development
would give rise to any significant adverse long-term
impacts associated with the operational phase of the
proposed development.
The construction phase will be managed through the
implementation of the measures outlined in the
Construction Environmental Management Plan
(CEMP). Such impacts would be temporary in nature
and limited to the immediate vicinity of the site.’
In terms of visual and townscape impact, the
submitted TVA Report states that the proposed
development results in a low magnitude of change to
the receiving environment, with the significance being
slight. The effects on the townscape would generally
be neutral. However, the local effect on Newmarket
Square and Ardee Street would be positive.
The TVA Report confirms that the proposed
development will ‘protect and capitalise on the unique
character of the site and receiving environment while
introducing a dense residential neighbourhood of high
architectural and urban design quality, delivering
compact growth and enhancement of the townscape
and visual environment. In terms of the townscape and
views, the Proposed Development is appropriate to this
location.
(c) the transboundary nature of the
impact
The proposed development will not give rise to any
impacts that are transfrontier or transboundary in
nature.
(d) the intensity and complexity of the
impact,
The potential impacts are not considered to be
complex in nature or of a magnitude/intensity/scale to
be of significance.
(e) the probability of the impact Having regard to the nature and extent of the impacts
identified in Tables 5.2 and 5.3, no significant adverse
impacts with a high probability of occurring have been
identified.
(f) the expected onset, duration,
frequency and reversibility of the
impact,
Having regard to the nature and extent of the impacts
identified, no significant adverse impacts with a high
frequency of occurrence have been identified.
The development represents a sustainable
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development opportunity that will contribute towards
urban consolidation on an inner-city regeneration site
that is consistent with the re-development character of
the area and in accordance with the overarching
objectives and policies of national/regional guidance,
the DCDP and the Liberties LAP.
The duration of the townscape/visual effects are
considered to be long term/permanent and
irreversible. Given the plan-led nature of the proposed,
it is not considered that these impacts will be
significant. As noted previously, the submitted TVA
Report considers that the proposed development will
‘protect and capitalise on the unique character of the
site and receiving environment while introducing a
dense residential neighbourhood of high architectural
and urban design quality, delivering compact growth
and enhancement of the townscape and visual
environment. In terms of the townscape and views, the
Proposed Development is appropriate to this location.’
(g) the cumulation of the impact with
the impact of other existing and/or
development the subject of a consent for
proposed development for the purposes
of section 172(1A)(b) of the Act and/or
development the subject of any
development consent for the purposes of
the Environmental Impact Assessment
Directive by or under any other
enactment, and
This has been addressed previously in Table 5.1
above.
Arising from its designation as an SDRA, Newmarket
Square and its immediate surroundings have been
undergoing significant changes since 2015/2016
through the provision of large-scale redevelopment
and regeneration projects, many of which are
currently under construction around the subject site.
A comprehensive overview of the planning history for
the area is provided in Section 3.4 of the submitted
Planning Report and Statement of Consistency, as
supplemented with summary table and
corresponding map at Appendix A of that report,
which illustrates the evolving character of the
immediate area.
Developments surrounding the subject site have been
assessed and granted by Dublin City Council and/or
An Bord Pleanála, guided by policies and objectives of
national/regional guidance, the Dublin City
Development Plan and the now lapsed Liberties Local
Area Plan.
It is noted that the construction phase of permitted
and currently under construction developments in the
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immediate vicinity of the site are also guided by site-
specific Construction and Environmental
Management Plans agreed with Dublin City Council
prior to commencement.
Cumulative impacts may arise in relation to
construction traffic should there be delays on the
completion of developments currently under
construction, or if development commences on
recently permitted redevelopment sites in the
immediate vicinity. In this regard, Section 6.12 of the
Outline Construction and Environmental
Management Plan (OCEMP) notes that a Construction
Traffic Management Plan will be put in place to
control access to and egress from the site for
construction traffic, routing, delivery times and off-
loading proposals which will be subject to agreement
with DCC. This plan shall take the surrounding
construction sites and construction traffic into
account to minimise the impact of construction traffic
on the immediate area. The OCEMP has noted the
potential location of construction access points and
traffic routes for the proposed development, together
with existing access points and set down areas for
currently active construction sites. In this regard, it is
considered that there will not be significant overlap
or conflict in terms of construction traffic.
In terms of operational impacts, the proposed
development represents the continuation of the
recent comprehensive redevelopment of the
immediate area, which previously contained
inappropriate and inefficient uses of scarce urban
land, as provided for in the DCDP and Liberties LAP.
Cumulatively, the proposed development, in
conjunction with other developments recently
completed, permitted and currently under
construction will provide a vibrant and sustainable
neighbourhood of mixed uses, tenure, building form
and design, in an area of Dublin’s inner city which
benefits from its proximity to a range of public
transport options, services, facilities and employment.
A Townscape and Visual Assessment (TVA) Report,
together with a booklet of Verified View
Photomontages accompanies the application. The
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TVA report concludes that the ‘appraisal has found
that the Proposed Development would protect and
capitalise on the unique character of the site and
receiving environment while introducing a dense
residential neighbourhood of high architectural and
urban design quality, delivering compact growth and
enhancement of the townscape and visual
environment. In terms of the townscape and views, the
Proposed Development is appropriate to this location.’
Accordingly, no significant impacts are considered in
relation to townscape or visual impact.
The change to the streetscape is considered to be
long term/permanent and irreversible. Given the
plan-led nature of the proposed, it is not considered
that these impacts will be significant.
(h) the possibility of effectively reducing
the impact
The design, form, height and finish of the proposed
building has been provided to effectively integrate
with the re-development character of the area and
streetscape. Where mitigation measures were
considered appropriate or necessary, these have been
incorporated into the detailed design of the proposed
development and accordingly form part of the
assessment of the type and characteristics of
potential impacts.
The Construction and Environmental Management
Plan will include measures to reduce any potential
impacts at the construction stage.
5.4.2 Assessment under Schedule 7A of the Regulations
In order to provide the Planning Authority with all requisite information for a screening determination, the
information required in Schedule 7A is detailed in the tables under the preceding sub-section 5.4.1. This is
based on the criteria in Schedule 7 as referenced under Paragraph 4 of Schedule 7A – i.e. ‘The compilation
of the information at paragraphs 1 to 3 shall take into account, where relevant, the criteria set out in
Schedule 7.’
Table 5.4: Summary of Schedule 7A Criteria (Paragraphs 1-3)
Criteria Reference / Assessment
1. A description of the proposed development,
including in particular—
This information is provided in Table 5.1, criteria (a)
to (c), above.
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(a) a description of the physical characteristics
of the whole proposed development and, where
relevant, of demolition works, and
(b) a description of the location of the proposed
development, with particular regard to the
environmental sensitivity of geographical areas
likely to be affected.
This information is provided in Table 5.2, criteria (a)
to (c), above.
2. A description of the aspects of the
environment likely to be significantly affected
by the proposed development.
This information is provided in Table 5.3, above.
3. A description of any likely significant effects,
to the extent of the information available on
such effects, of the proposed development on
the environment resulting from—
(a) the expected residues and emissions and the
production of waste, where relevant, and
(b) the use of natural resources, in particular
soil, land, water and biodiversity.
Having regard to the nature and extent of the
potential impacts identified in Tables 5.2 and 5.3
above, it is not envisaged that any significant
effects on the environment would result from
either expected residues and emissions; the
production of waste or the use of natural
resources.
6.0 CONCLUSION
This EIA Screening Assessment concludes that the Project does not fall within any of the categories of
development specified in Part 1 of Schedule 5 of the PDR which requires the mandatory preparation of an
EIAR.
The subject development comes within Class 10(b)(i) and Class 10(b)(iv) of Part 2 of Schedule 5 of the
PDR. The permitted and proposed development fall below the relevant thresholds requiring the
mandatory preparation of an EIAR.
Section 5 of this Screening Assessment provides the information to be provided by the Applicant under
Schedule 7A of the PDR, and has undertaken an assessment in accordance with Schedule 7. This
assessment concludes that the proposed works, either individually, or cumulatively when taking other
relevant projects into account would not give rise to any significant effects on the environment, which
would otherwise require the preparation of an EIAR.