Statement of Consistency... · relation to a proposed development on lands at no.s 1, 3, 5, 7, 9, and 11 Eglinton Road, also fronting Donnybrook Road and Brookvale Road. 1.2. The

Statement of Consistency

In respect of

No.s 1, 3, 5, 7, 9, and 11 Eglinton Road Donnybrook

Dublin 4

Prepared by

John Spain Associates

On behalf of

The Donnybrook Partnership

May 2020

39 Fitzwilliam Place Dublin 2, D02 ND61

Telephone: (01) 662 5803 E-mail [email protected]

Eglinton Road SHD, Donnybrook, Dublin 4

John Spain Associates Planning and Development Consultants 2

TABLE OF CONTENTS

1. Introduction……………………………………………………………………….. 01

2. Site Location and Description…………………………………………………... 04

3. Description of Proposed Development………………………………………… 05

4. Planning History………………………………………………………………….. 09

5. National and Regional Planning Context……………………………………… 11

6. Local Planning Policy……………………………………………………………. 37

7. Compliance with Part V of the Planning and Development Act ……………. 44

8. Conclusion………………………………………………………………………... 45



1 INTRODUCTION

1.1. On behalf of the applicant, The Donnybrook Partnership, Embassy House, Ballsbridge, Dublin 4 we hereby submit this Statement of Consistency with Planning Policy to accompany this strategic housing application to An Bord Pleanála under Section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016 in relation to a proposed development on lands at no.s 1, 3, 5, 7, 9, and 11 Eglinton Road, also fronting Donnybrook Road and Brookvale Road.

1.2. The subject site is bound by a commercial site to the north (bound by Brookvale Road and Donnybrook Road), Eglinton Road to the south, Donnybrook Road to the east and Brookvale Road to the west. The site comprises of 0.38 hectares and the proposed development will consist of the demolition of 6 no. houses and ancillary structures on site, and the construction of a residential development of two connected apartment blocks of 148 no. apartments, rising in height from 3 storeys to 12 storeys over basement The proposed development will consist of;

• Demolition of existing 6 no. two storey dwellings and ancillary structures at No. 1, 3, 5, 7, 9 and 11 Eglinton Road;

• Construction of a residential development of 148 no. apartment units comprising 71 no. 1 bedroom units, 58 no. 2 bedroom units, 9 no. 2 bedroom duplex units, and 10 no. 3 bedroom units:

• The height of the proposed development ranges from 3 to 4 storeys along Brookvale Road, 5 to 12 storeys along Donnybrook Road, 4 to 12 storeys along Eglinton Road, including a double height feature at 12th storey level at the junction of Eglinton Road and Donnybrook Road, with a maximum overall height of 43.1 metres over existing ground level;

• Provision of private open space to serve all residential units in the form of balconies or terraces;

• Provision of ancillary residential communal areas including external central landscaped courtyard, internal resident amenities spaces at ground floor level including residents lounge, co-working space, gym, management area and bicycle store with 28 no. spaces and at seventh floor level including cinema room, reading room, and 2 no. rooftop terraces located on the north and south elevations;

• Provision of basement including 75 no. car parking spaces, 4 no. motorcycle spaces and 172 no. cycle spaces and all ancillary areas such as plant, storage and attenuation;

• Vehicular access will be provided from Brookvale Road;

• The development includes all associated site development works, hard and soft landscaping (to include 4 no. cycle spaces at street level) SUDS drainage, PV panels on roof of 12th storey, provision of hoarding around site boundary (with scheme advertisement zone c. 302.25 sq. m along Eglinton Road and Donnybrook Road) during construction phase, ESB substation and all other ancillary works necessary to facilitate the development.

1.3. This Statement of Consistency with Planning Policy has been prepared to specifically

address the requirements of the Regulations and the Guidelines issued by An Bord Pleanála. The proposed residential development has been prepared in accordance with the Ministerial Guidelines, and the requirements of the Dublin City Development Plan 2016-2022.

1.4. This Statement of Consistency also includes details in respect of the proposed development in relation to the site location and context, the development description and the relevant planning history.



1.5. The development has been the subject to a section 247 pre-application consultation

with the Planning Authority. Details of the pre-application meetings and details of the Part V proposal are summarised in this report.

1.6. The proposed development is designed in accordance with the publicly available National Policy Guidelines such as the National Planning Framework 2040, Apartment Guidelines 2018 and the Urban Development and Building Height Guidelines 2018 in addition to the Dublin City development Plan 2016-2022.

1.7 This standalone planning policy consistency statement, prepared by John Spain Associates, demonstrates that the proposed development is consistent with the relevant national planning policy, guidelines issued under Section 28 of the Planning and Development Act 2000 (as amended), and with local planning policy. It should be read in conjunction with the accompanying detailed documentation as follows:

• Strategic Housing Development Application Form;

• Application fee cheque €19,240

• Cover Letter to An Bord Pleanála;

• Cover Letter to Dublin City Council;

• Letters to Prescribed Bodies;

• Letter of Consent (Martaban DAC);

• Letter of support from Go-Car;

• Letter of support from Bleeper Bikes;

• Irish Water Confirmation of Feasibility;

• Irish Water Statement of Design Acceptance;

• Part V Proposal;

• Statement of Response to An Bord Pleanála prepared by John Spain Associates;

• Statement of Consistency prepared by John Spain Associates;

• EIA Screening Report prepared by John Spain Associates;

• Statement of Material Contravention prepared by John Spain Associates;

• Childcare Requirements Report prepared by John Spain Associates;

• Architectural Drawings prepared by Henry J Lyons;

• Architectural Design Statement prepared by Henry J Lyons;

• Engineering Drawings prepared by OCSC Consulting Engineers;

• Engineering Services Report prepared by OCSC Consulting Engineers;

• Site Specific Flood Risk Assessment prepared by OCSC Consulting Engineers;

• Traffic Assessment and Parking Strategy prepared by OCSC Consulting Engineers;

• Mobility Management Plan prepared by OCSC Consulting Engineers containing Quality Audit by Bruton Consulting Engineers;

• DMURS Statement of Consistency by OCSC Consulting Engineers;

• Outline Construction Management Plan prepared by OCSC Consulting Engineers;

• Construction and Demolition Waste Management Plan prepared by OCSC Consulting Engineers;

• Basement Impact Assessment prepared by OCSC Consulting Engineers;

• Qualitative Risk Assessment & Preliminary Waste Soil Classification prepared by OCSC Consulting Engineers;

• Energy and Sustainability Report prepared by OCSC Consulting Engineers;

• Public Lighting Report prepared by OCSC Consulting Engineers;

• Existing Site Utility Report prepared by OCSC Consulting Engineers;

• Daylight Sunlight Report prepared by OCSC Consulting Engineers;

• Wind Microclimate Modelling prepared by B-Fluid;

• Universal Access Statement prepared by O’Herlihy Access Consultants;



• Telecommunications Report by Independent Site Management;

• Operational Waste Management Plan prepared by AWN Consulting Limited;

• Landscape Design Rationale prepared by Stephen Diamond Associates;

• Landscape drawings prepared by Stephen Diamond Associates;

• Landscape and Visual Impacts Assessment prepared by Kennett Consulting;

• Arboricultural Report and drawings prepared by the Tree File;

• Screening Report for Appropriate Assessment prepared by Openfield Ecological Services;

• Ecological Impact Statement prepared by Openfield Ecological Services;

• Bat Fauna Impact Assessment prepared by Altemar Environmental Consultants;

• Architectural Visualisation prepared by Digital Dimensions;

• Winter Views prepared by Digital Dimensions;

• Conservation Report prepared by Cathal Crimmins;

• Desktop Archaeological Impact Assessment prepared by Cathal Crimmins;

• Housing Quality Assessment and Schedule of Areas prepared by Henry J Lyons;

• Estate and Common Area Strategy Report prepared by Aramark;

• Building Life Cycle Report prepared by Aramark 1.8 For details of compliance with the quantitative standards for residential units as set

down in the Apartment Guidelines 2018, the Quality Housing for Sustainable Communities, please refer to the Housing Quality Assessment prepared by HJL Architects. The proposed development complies with all relevant standards.

1.9 The purpose of this report is to provide an assessment of the subject site having regard to current development trends and taking cognisance of the current planning policy framework. In particular, this report reviews the subject lands in the context of relevant national, regional and local policy and the planning history of the area. The report evaluates the potential of the lands in planning terms.



2 SITE LOCATION & DESCRIPTION 2.1 The proposed site occupies an area extending to approximately 0.38ha and is bound

by Donnybrook Road to the east, Eglinton Road to the south, Brookvale Road to the west and an existing commercial site, occupied by a garage, to the north. Access to the 6 no. vacant residential units currently occupying the site is taken directly from Eglinton Road. The dwellings are currently unoccupied and possess generous garden plots extending to the north. The River Dodder is located approximately 50to 60 metres to the south.

2.2 A 5 storey commercial office building (with a 6 storey element to the rear), known as Jefferson House, is located directly opposite the subject lands, with Donnybrook Stadium to the north. Beyond this moving south the Dublin Bus depot and Donnybrook Parish Church. St. Anne’s Apartments (5/6 storeys) is located to the east on the opposite side of the N11 on Ailesbury Road. To the west the Glaunsharoon Apartments are 4 storeys in height. To the east of the proposed development Nearby residential dwellings generally consist of traditional design, pitched roofs and chimneys over 2-2.5 storeys, with 3 storey residential buildings located to the west across Brookvale Road. Two storey industrial style buildings used for vehicle servicing lie immediately to the north, with a sports stadium, Energia Park, and associated facilities located across Donnybrook Road a short distance to the east.

2.3 The district centre of Donnybrook is located to the north, accessed by Donnybrook

Road and Brookvale Road. A range of convenience and comparison retail facilities, cafés, restaurants and public houses can be found in Donnybrook village. This complemented by a number of recreational areas, sports clubs and Herbert Park.

2.4 The site is highly accessible, adjacent to the R138 Stillorgan Road / Donnybrook Road

to the east which is served by a large number of bus routes (20 routes) providing a very frequency service. The train station at Sydney Parade, served by regional rail as well as DART is located approximately 1.4km east, accessed by Ailesbury Road, with the Cowper Luas stop on the green line approximately 1.3km west. The district centre of Ballsbridge is located 1km north, accessed by Anglesea Road, with Dublin city centre approximately 3.5km to the north west.

Figure 1.1: Aerial View of the subject site (Source: Google Maps)



3 DESCRIPTION OF THE PROPOSED DEVELOPMENT

3.1 The subject site is bound by a commercial site to the north (bound by Brookvale Road and Donnybrook Road), Eglinton Road to the south, Donnybrook Road to the east and Brookvale Road to the west. The site comprises of 0.38 hectares and the proposed development will consist of the demolition of 6 no. houses and ancillary structures on site, and the construction of a residential development of two connected apartment blocks of 148 no. apartments, rising in height from 3 storeys to 12 storeys over basement.The proposed development consists of;

• Demolition of existing 6 no. two storey dwellings and ancillary structures at No. 1, 3, 5, 7, 9 and 11 Eglinton Road;

• Construction of a residential development of 148 no. apartment units comprising 71 no. 1 bedroom units, 58 no. 2 bedroom units, 9 no. 2 bedroom duplex units, and 10 no. 3 bedroom units:

• The height of the proposed development ranges from 3 to 4 storeys along Brookvale Road, 5 to 12 storeys along Donnybrook Road, 4 to 12 storeys along Eglinton Road, including a double height feature at 12th storey level at the junction of Eglinton Road and Donnybrook Road, with a maximum overall height of 43.1 metres over existing ground level;

• Provision of private open space to serve all residential units in the form of balconies or terraces;

• Provision of ancillary residential communal areas including external central landscaped courtyard, internal resident amenities spaces at ground floor level including residents lounge, co-working space, gym, management area and bicycle store with 28 no. spaces and at seventh floor level including cinema room, reading room, and 2 no. rooftop terraces located on the north and south elevations;

• Provision of basement including 75 no. car parking spaces, 4 no. motorcycle spaces and 172 no. cycle spaces and all ancillary areas such as plant, storage and attenuation;

• Vehicular access will be provided from Brookvale Road;

• The development includes all associated site development works, hard and soft landscaping (to include 4 no. cycle spaces at street level) SUDS drainage, PV panels on roof of 12th storey, provision of hoarding around site boundary (with scheme advertisement zone c. 302.25 sq. m along Eglinton Road and Donnybrook Road) during construction phase, ESB substation and all other ancillary works necessary to facilitate the development.

Residential Accommodation

3.2 The proposed development provides for a mix of 71 no. 1 bed units, 67 no. 2 bed units, and 10 no. 3 bed units. The proposed apartments have been designed having regard to the Sustainable Urban Housing: Design Standards for New Housing 2018. A full Housing Quality Assessment is submitted which provides details on compliance with all relevant standards including private open space, room sizes, and storage.

The proposed units meet the standard for unit and room sizes as set out in the apartment guidelines with 51.4% of the proposed development exceeding the minimum standards by more than 10%.

3.3 The proposed development provides for 1,846 sq.m. of communal space in a combination of internal and external areas including a landscaped courtyard and roof terraces, gym, co-working space, residents’ lounge, reading room, cinema/function



room, and multi-function room. The provision of outdoor communal space of 1,425 sq.m is significantly above the requirements as set out in the above guidelines (914 sq.m).

3.4 The orientation of the proposed development has been designed to ensure that the

proposed units achieve adequate levels of daylight throughout the year.

3.5 The site is located in a central and / or accessible urban location defined as being with easy walking distance (i.e. up to 5 minutes to 400-500m) to / from high frequency (i.e. min 10 minute peak hour frequency) urban bus services (bus frequency of 1 bus every 2.5 minutes at peak hour service). In this regard a minimum of 33% of units are required to be dual aspect. The proposed development provides for a total of 46.6% dual aspect apartments which is well in excess of the requirements set out in the guidelines, just below the 50% requirement for more suburban locations. The site is a brownfield site, 3 km from St. Stephen’s Green. It requires an urban design approach that addresses street frontage on three sides.

3.6 The overall form and mass of the development has been carefully considered to provide for a high level of amenity to the future residential and to ensure the proposed development is respectful to its local context and in particular the residential amenities of the surrounding properties.

Material Finishes

3.7 A simple palate of materials is proposed using reconstituted stone and light coloured brick on the facades, and anodized bronze finish aluminium on the window frames and balconies. The overall design and quality of the materials proposed will be complementary and in keeping with the existing context of the area. Details of the proposed material and finishes are set out in the Architectural Design Statement prepared by HJL Architects. Car and Bicycle Parking

3.8 This proposed development will include the provision of 204 no. bicycle parking spaces, 172 no. spaces at basement level, 28 no. spaces within a secure ground floor storage room, and 4 no. surface level bicycle parking spaces.

3.9 It is proposed to provide 75 no. of car parking spaces in the basement. The car parking provision is therefore provided at a rate of 0.51:1 spaces per dwelling.

3.10 It is also proposed to provide 4 no. motorcycle parking spaces at basement level.

3.11 The subject development is located along a bus corridor with frequent service into the city centre.

3.12 It is proposed to allocate two parking space for a car sharing club.

3.13 The proposed development also includes the provision of bleeper bikes for the use of the proposed future residents and the existing residents in the area.

3.14 The car parking provision and access arrangements are further detailed in the Traffic Assessment and Parking Strategy Report prepared by OCSC Consulting Engineers.



Site Services

3.15 The proposed development will be serviced by a new drainage system with separate networks for both surface water and waste water. Please see Engineering Services Report prepared by OCSC Consulting Engineers for further details. A Letter of Confirmation from Irish Water is also included with this application. Works to connect to services will be carried out in partnership with Irish Water on their behalf as exempted development. Pedestrian and Vehicular Access

3.16 The vehicular and bicycle entrance to the proposed development will be via Brookvale Road, allowing access to the basement level car park and bicycle store. There will be additional bicycle parking at street level on Donnybrook Road and off the internal courtyard. The main pedestrian entrance will be located on Eglinton Road, with additional entrances off Donnybrook Road and Brookvale Road.

Waste Management

3.17 An Operational Waste Management Plan has been prepared by AWN Consulting Limited, which explains the approach that the proposed development will take to waste management. Housing Quality

3.18 A Housing Quality Assessment has been prepared by HJL Architects to accompany this application. The units are proposed to comply with the relevant standards as set out in the Apartment Guidelines 2018. Daylight / Sunlight Access

3.19 A daylight / sunlight assessment was prepared by OCSC Consulting Engineers to

accompany this application. The daylight / sunlight analysis tested the sunlight received in the amenity space provided in the development. It also analysed the daylight levels within the living and bedroom areas of selected apartment, and any potential impact the proposal may have on adjacent properties.

3.20 The report concludes that in accordance with the BRE Guidelines, on the 21st March, the standard day against which assessments are tested against, it is observed that more than half of the proposed amenity spaces in the development would receive over two hours of sunlight on March 21st.

3.21 The report also considers the Annual Probable Hours of Sunlight that the apartments will receive. The report finds that given the orientation of the site and the configuration of the buildings, with the necessity to provide balconies accessible from living rooms the proposed development performs well. With a slight relaxation in the BRE standards, 76% of apartments receive good quality sunlight. We note that this examination is not required in the Sustainable Urban Housing: Design Standards for New Apartments; Guidelines for Planning Authorities 2018, where sunlight is considered in terms of dual aspect, floor to ceiling height and the extent to which



communal areas are well lit by sunlight. Quantitative standards are required by

planning authorities only in regard to daylight. It is therefore submitted that the proposed development is fully compliant with national guidelines for apartment design standards.

3.22 The report examines impacts on neighbouring residential properties in terms and finds that there very minimal impacts over that which would be experienced if the extant permission is developed. Wind

3.23 A wind report by B-Fluid is included in this application. The report finds that the proposed development performs well in terms of pedestrian comfort. Minor mitigation measures in the form of planting are recommended and have been included in the landscaping scheme. Sustainability / Energy

3.24 A Sustainability Report / Energy Statement has been prepared by OCSC Consulting Engineers. The report sets out the strategy for the utilities and site services within the development and compliance with Dublin City Council policy. Please see the accompanying report for full details of the proposed utilities and services.

Telecommunications

3.25 A report on telecommunications has been prepared by Independent Site Management. It notes that the only possible effect is that one 300mm microwave link dish on the old Eircom Exchange may need to be realigned, which is considered “normal practice when cityscapes in urban areas change” (Page 3).



4 PLANNING HISTORY

4.1 A planning history search was conducted using the Dublin City Council online planning search system. There is one relevant previous application on the subject lands, with another application for a bus stop adjacent to the site. Jefferson House, opposite the site was recently refused permission by An Bord Pleanála.

DCC Reg. Ref.: 3047/18, ABP-303708-19 In June 2019, An Bord Pleanála granted permission for the following application on the subject site after third party appeal; Planning permission for a residential development of 94 no. apartments (and a ground floor cafe of c. 67 sq. m) all on a c. 0.38 hectare site. The proposed development will consist of: 1) Demolition of existing 6 no. two storey dwellings and ancillary structures; 2) Construction of a residential development of 94 no. apartment comprising 15 no. 1 bedroom apartments, 62 no. 2 bedroom apartments and 17 no. 3 bedroom apartments (all apartments to have balconies or roof terraces), with an overall height of 7 storeys (over basement/part second basement level) at junction of Eglinton Road and Donnybrook Road, reducing in height to 5 and 4 storeys along Eglinton Road and (5-7 storeys) along Donnybrook Road, and 3 storeys along Brookvale Road. 3) Provision of ancillary areas (residents meeting room/lounge with terrace, management area) at ground floor level; 4) Ground floor cafe of c. 67 sq, m at ground floor level onto Donnybrook Road with terrace and signage zone of c. 2 sq. m); 5) Vehicular access will be provided from Brookvale Road into basement levels which will provide 100 no. car parking spaces (including car stacker system), 5 no. motorcycle spaces and 94 no. cycle spaces and all ancillary areas (to include plant, storage and attenuation); 6) The development includes all associated site development works, hard and soft landscaping (to include 20 no. cycle spaces at ground floor level) and all other ancillary works to include provision of an internal communal landscaped open space area at ground floor and deck area at fourth floor level on western boundary; 7) Provision of hoarding around site boundary (with scheme advertisement zone c. 302.25 sq. m along Eglinton Road and Donnybrook Road) during construction phase.

DCC Reg. Ref.: WEB1322/19 In September 2019, Dublin City Council granted permission for the following application on the Donnybrook Roadside of the proposed development; The replacement of the existing 3-bay, 4.595m long x 1.42m wide x 2.295m high bus shelter including 2 no. static 6 sheet illuminated advertising displays with a 3-bay, 5.2m long x 1.848m wide x 2.8m high stainless steel and glass Reliance bus shelter with 1 no. 86 inch single sided digital advertising display and 1 no. static illuminated advertising display with works to widen pavement, removal of car parking space and including all associated site works and services. For information purposes, the outline of the permitted kerb line has been shown for information purposes in the site plan and ground floor plan, to demonstrate the proposed development does not interfere with the permitted should permission be granted.



DCC Reg. Ref.: 3717/19, ABP-305777-19

4.2 The demolition of the existing five-storey office/residential building on site (the total area for demolition is 2,910 square metres) and the constructions of a new residential scheme of 62 number units on 11 floors over an existing and extended basement. The residential development will comprise 7 number studio apartments, 22 number one-beds, 31 number two-beds and 2 number three-bed units all with balconies/terraces; resident amenity spaces including a meeting room, concierge and a gym will be provided at ground floor level. A total of 20 number car parking spaces will be provided at basement level, including 1 number wheelchair accessible space. A bin store, 2 number motorcycle spaces and 72 number bicycle spaces will also be provided at basement level with a further 22 number bicycle spaces at ground floor level. The development shall be served via the existing vehicular access point from Eglinton Road, which is to be widened, along with a new pedestrian entrance from Eglinton Road/Donnybrook Road. The uppermost roof will have PV panels and 3 number roof lights. The associates site and infrastructural works include provision for water services, foul and surface water drainage and connections; all landscaping works; boundary treatments and electrical services; including an ESB substation.

4.3 The reason for refusal is as follows:

The proposed development would constitute overdevelopment of the site by reasons if its height, scale and massing would result in an unacceptable negative visual impact on this prominent site within a designated Conservation Area. The proposal would seriously injure the residential amenity of adjoining properties in terms of the overbearing impact and the potential for overlooking from the terraces on the upper levels, would depreciate the value of property in the vicinity and would be contrary to the proper planning and sustainable development of the area. In addition, the proposed development, with significant proportion of single aspect north-west facing units would provide inadequate residential amenity for future residents of those units. The proposed development would, therefore, seriously injure the visual amenities of the area and would be contrary to the proper planning and sustainable development of the area.

4.4 It should be noted that the proposed development the subject of this application is not

located in the conservation area, although it is close to conservation area along the River Dodder corridor. Both the LVIA and Conservation Reports accompanying this application consider that the proposed development does not negatively affect the setting of the Conservation Area. The proposed apartments comply with the Apartment Guideline standards and there are a limited number of single aspect north-west facing apartments, which face onto the high quality landscaped internal courtyard.



5 NATIONAL AND REGIONAL PLANNING CONTEXT

5.1 The key provisions of national (including relevant Section 28 guidelines) and regional planning policy as it relates to the proposed development is set out in the following sections. The key policy and guidance documents of relevance to the proposed development are as follows:

o National Planning Framework 2040; o Rebuilding Ireland – Action Plan for Housing and Homelessness; o Sustainable Urban Housing: Design Standards for New Apartments; Guidelines for

Planning Authorities 2018; o Urban Development and Building Height Guidelines 2018; o Eastern and Midlands Regional Assembly; Regional Spatial and Economic Strategy

2019- 2031; o Guidelines for Planning Authorities on Sustainable Residential Development in Urban

Areas (2009), and the accompanying Urban Design Manual; o Delivering Homes, Sustaining Communities (2008) and the accompanying Best

Practice Guidelines- Quality Housing for Sustainable Communities; o Design Manual for Urban Roads and Streets (2013); o Guidelines for Planning Authorities on Childcare Facilities (2001); o Transport Strategy for the Greater Dublin Area 2016 – 2035; o BusConnects: Transforming City Bus Services (2018); o The Planning System and Flood Risk Management (2009); o Birds and Habitats Directive – Appropriate Assessment.

National Planning Framework (NPF) 2040

5.2 The National Planning Framework is the Government’s plan to cater for the extra one million people that will be living in Ireland, the additional two thirds of a million people working in Ireland and the half a million extra homes needed in Ireland by 2040.

5.3 As a strategic development framework, Ireland 2040 sets the long-term context for our country’s physical development and associated progress in economic, social and environmental terms and in an island, European and global context.

5.4 National investment planning, the sectoral investment and policy frameworks of departments, agencies and the local government process will be guided by these strategic outcomes in relation to the practical implementation of Ireland 2040. The NPF sets out the importance of development within existing urban areas by “making better use of under-utilised land including ‘infill’ and ‘brownfield’ and publicly owned sites together with higher housing and job densities, better services by existing facilities and public transport”. Compact growth is National Strategic Outcome 1 in the NPF.

5.5 Objective 3a of the NPF states that it is a national policy objective to “deliver at least 40% of all new homes nationally within the built up envelope of existing urban settlements”. The proposed development is a strategically located underutilised site in an existing urban settlement adjacent to a high frequency bus corridor and in the Donnybrook area of the city. The proposed development is therefore compliant with the objective of the NPF.

5.6 Objective 4 states “ensure the creation of attractive, liveable, well designed, high quality urban places that are home to diverse and integrated communities that enjoy a high quality of life and well-being”. The proposed development will provide for a high quality of residential units in accordance with the Apartment Guidelines 2018. The



proposed materials and finishes will also be of a high quality standard in order to create a distinctive urban place.

5.7 It is considered that the proposed development provides for the creation of an

attractive, high quality, sustainable new residential development within the existing built up area of the city. The provision of the new sustainable development is therefore consistent with the NPF objective.

5.8 Objective 11 of the National Planning Framework states that “there will be a presumption in favour of development that encourages more people, jobs and activity within existing urban areas, subject to development meeting appropriate planning standards and achieving targeted growth”.

5.9 The proposed development will provide for high density residential development in an existing urban area adjacent to existing and proposed public transport facilities.

The NPF continues to state that: “Although sometimes necessary to safeguard against poor quality design, planning standards should be flexibly applied in response to well-designed development proposals that can achieve urban infill and brownfield development objectives in settlements of all sizes. This is in recognition of the fact that many current urban planning standards were devised for application to greenfield development sites and struggle to take account of evolved layers of complexity in existing built-up areas. In particular, general restriction on building height or universal standards for car parking or garden size may not be applicable in all circumstances in urban areas and should be replaced by performance based criteria appropriate to general locations e.g. city/ town centre, public transport hub, inner suburban, public transport corridor, outer suburban, town, village etc”.

5.10 The proposed development is a high-quality scheme in an established area. It is considered suitable for redevelopment of a greater height because it performs well under the performance based criteria. The proposed development is located along one of the main routes into the city centre and is well served by high frequency public transport (a bus every 2.5 minutes at peak hour service). The existing site is underutilised and presents a key opportunity site such as those identified in the NPF as being suitable for redevelopment. The proposed building height ranges from 3 no. storeys to 12 no. storeys (43.1m). The proposed density (385 units per hectare) and height of the development is considered appropriate for the location of the site and the availability of public transport facilities. The accompanying Traffic Assessment and Parking Strategy points to 20 bus routes stopping at the site. The proposed development is therefore in accordance with the objectives of the NPF in this regard. Objective 13 of the National Planning Framework also states that:

5.11 “In urban areas, planning and related standards, including in particular building height and car parking will be based on performance criteria enabling alterative solutions that seek to achieve well-designed high quality and safe outcomes in order to achieved targeted growth and that protect the environment”.

5.12 In response to Objective 13 of the NPF, the proposed development will provide for increased heights and densities (385 units per hectare) in a high-quality urban design



to achieve targeted growth of the area. The proposed development will also provide for reduced car parking standards at a ratio of 0.51 spaces per unit given the location of the site and in particular adjacent to a public transport corridor.

5.13 The NPF also states that that “to avoid urban sprawl and the pressure that it puts on both the environment and infrastructure demands, increased residential densities are required in our urban areas”. Objective 35 states that it is an objective to; “increase residential density in settlements, through a range of measures including reductions in vacancy, re-use of existing buildings, infill development schemes, area or site based regeneration and increased building heights”.

5.14 The proposed development for a residential scheme on this brownfield site represents an opportunity to provide for increased densities and increased heights in accordance with the NPF policies and objectives. The NPF provides for a strong emphasis towards increased building heights in appropriate locations within existing urban centres and along public transport corridors. The proposed development ranging in height from 3 no. storeys to 12 no. storeys is therefore considered appropriate in this location and in accordance with the NPF. Rebuilding Ireland – Action Plan for Housing and Homelessness

5.15 Rebuilding Ireland was launched in 2016 with the objective to double the annual level of residential construction to 25,000 homes and deliver 47,000 units of social housing in the period to 2021, while at the same time making the best use of the existing stock and laying the foundation for a more vibrant and responsive private rented sector.

5.16 Rebuilding Ireland is set around 5 no. pillars of proposed actions summarised as follows: Pillar 1 – Address Homelessness: Provide early solutions to address the unacceptable level of families in emergency accommodation; deliver inter-agency supports for people who are currently homeless, with a particular emphasis on minimising the incidence of rough sleeping, and enhance State supports to keep people in their own homes. Pillar 2 – Accelerate Social Housing: Increase the level and speed of delivery of social housing and other State – supported housing Pillar 3 – Build More Homes: Increase the output of private housing to meet demand at affordable prices. Pillar 4 – Improve the Rental Sector: Address the obstacles to greater private rented sector delivery, to improve the supply of units at affordable rents. Pillar 5 – Utilise Existing Housing: Ensure that existing housing stock is used to the maximum degree possible – focusing on measures to use vacant stock to renew urban and rural areas.

5.17 The proposed development is consistent with Pillar 3 to build more homes. The provision of the 148 no. residential units will substantially add to the residential accommodation availability of the area and cater to the increasing housing demand.



Sustainable Urban Housing: Design Standards for New Apartments; Guidelines for Planning Authorities 2018;

5.18 The Sustainable Urban Housing Design Standards for New Apartments were published in March 2018. The guidelines provide for updated guidance on apartment developments in response to the National Planning Framework and Rebuilding Ireland. The overall objective of the Guidelines is to give tangible effect to government policy which supports increased building height and density in locations with good public transport accessibility. The Guidelines identify development management criteria which must be taken into account in the assessment of individual planning applications by planning authorities..

5.19 A key inclusion in the guidelines is the acknowledgement of the importance of strategic sites in existing urban areas in close proximity to existing public transport facilities. The guidelines identify locations is cities and town that may be suitable for apartment development as follows:

• Central and / or Assessible Urban Locations

• Intermediate Urban Locations

• Peripheral and / or Less Accessible Urban Locations

5.20 The subject site is located within a central and / or accessible urban location. The Apartment Guidelines note that these locations are generally suitable for large scale apartment development and higher density developments. These locations are categorised as including the following:

• Sites within walking distances (i.e. up to 15 minutes or 1,000-1500m), of principle city centres or significant employment locations, that may include hospitals and third level institutions;

• Sites within reasonable walking distance (i.e. up to 15 minutes or 1,000-1,500m) to/from high capacity urban public transport stops (such as DART or Luas); and

• Sites within easy walking distance (i.e. up to 5 minutes or 400-500m) of reasonably frequent (min 10 minute peak hour frequency) urban bus services.

5.21 The subject site is located a 10 minute walk from the RTE campus and Beech Hill Office Campus.It is also a 10-15 minute walk to the large scale office centre at Ballsbridge, which is undergoing a significant expansion at present.

5.22 The subject development is currently located along a bus transport corridor with 20 separate routes stopping at the bus stop adjacent to the site, where peak frequencies of 1 bus every 2.5 minutes. The site is also located along the proposed BusConnects corridor. The subject site therefore also falls into the central and/or accessible urban locations category and is therefore suitable for high density apartment developments.

5.23 The Guidelines also note that the scale and extent of the development should increase where the site is strategically located near quality public transport hubs, service and urban amenities. “The scale and extent of apartment development should increase in the relation to proximity to core urban centres and other relevant factors. Existing public transport nodes or locations where high frequency public transport can be provided, that are close to locations of employment and a range of urban amenities including parks/waterfronts, shopping and other services also particularly suited to apartments.”



5.24 The proposed development is located adjoining a proposed BusConnects corridor and

within Donnybrook, which provides a range of services and amenities. It is therefore considered that the proposed development is suitable for increased heights and increased densities in accordance with the objectives of the apartment guidelines.

5.25 The Guidelines also note that in Central and / or Accessible Urban Locations planning authorities must consider a reduced overall car parking standard. “In more central locations that are well served by public transport, the default policy is for car parking to be minimised, substantially reduced or wholly eliminated in certain circumstances.”

5.26 The proposed development in this regard provides for 75 no. car parking spaces, two of which are car share spaces. The proposed development will provide for compensatory additional transport facilities in response to the reduced car parking provision such as car club facilities, increased bicycle parking and bleeper bikes for the use of the future residents and the surrounding existing community.

5.27 A study has also been prepared by OCSC Consulting Engineers based on the car usage data in the surrounding area. The study identified that apartment type developments in the area all have reduced car parking usage, therefore given the availability of compensatory additional transport facilities proposed within the development and the availability of public transport facilities in the area, thecar parking provision proposed in the development is considered appropriate.

5.28 The proposed apartment development is considered to be suitability located in an accessible area, integrated into the landscape, well connected to adjacent facilities including public transport, and will provide a high quality development on the subject site. Housing Mix

5.29 In relation to Specific Planning Policy Requirement 1:

Apartment developments may include up to 50% one-bedroom or studio type units (with no more than 20-25% of the total proposed development as studios) and there shall be no minimum requirement for apartments with three or more bedrooms. Statutory development plans may specify a mix for apartment and other housing developments, but only further to an evidence-based Housing Need and Demand Assessment (HNDA), that has been agreed on an area, county, city or metropolitan area basis and incorporated into the relevant development plan(s).

5.30 The proposed development provides for 71 no. 1 bed units (48%), 67 no. 2 bed units

(45%), and 10 no. 3 bed units (7%) in compliance with SPPR1 of the apartment guidelines. It is noted that there is a relatively high proportion of persons over 65 years of age in the area (16% as opposed to 11%, the national average) so the proposed development offers local persons the opportunity to relocate to a smaller size residential unit. Apartment Sizes

5.31 The apartment guidelines set out the minimum floor areas for apartment units as follows:



Apartment Type Minimum Size

Studio 37 sq.m.

1 bedroom 45 sq.m.

2 bedroom (3 person) 63 sq.m.

2 bedroom 73 sq.m.

3 bedroom 90 sq.m.

Table 1: Minimum unit size 5.32 The proposed units meet or exceed the relevant standards as set out in the apartment

guidelines. 51.4% are greater than 10% larger than minimum standards. A Housing Quality Assessment has been prepared by HJL Architects and accompanies this application to demonstrate compliance with the relevant standards. Aspect Ratios

5.33 The 2018 Apartment Guidelines state: “Accordingly, it is a policy requirement that apartment schemes deliver at least 33% of the units as dual aspect in more central and accessible and some intermediate locations, i.e. on sites near to city or town centres, close to high quality public transport or in SDZ areas, or where it is necessary to ensure good street frontage and subject to high quality design.” Page 15

The proposed development is located in a central and accessible urban location adjoining a high quality bus corridor along the N11. The requirement for dual aspect is therefore 33% of the total number of units. The proposed development has been designed to provide for a high level of amenity and larger more accessible units. The proposed development therefore achieves 46.6.7% dual aspect units in excess of the apartment guidelines requirement for an accessible site. The need to provide for street frontage on three sides of the site has an impact on the level of dual aspect units that can be provided, in the interest of urban design principles. There 34 units that are single aspect north-east or north-west facing units. These units are all above ground level and face either the internal courtyard or benefit from the street views of Donnybrook Road. These units are all above minim A Housing Quality Assessment prepared by HJL Architects is submitted as part of this application which demonstrates compliance with the applicable standards. Floor to Ceiling Height of Ground Floor Units

5.34 Specific Planning Policy Requirement 5 requires ground floor units to have a floor to ceiling height of 2.7 metres. The proposed development provides for 3.3 metres floor to ceiling height and is therefore compliant with the relevant standards. Units per Core

5.35 Specific Planning Policy Requirement 6 requires the maximum units per core to be 12. The proposed development has a maximum of 9 units per core and is therefore compliant with the relevant standards. Storage

5.36 Each of the proposed units is provided with the required storage within each unit. The details of the storage provision are set out in HJL Housing Quality Assessment which accompanies this application.



Private Open Space size

5.37 All of the residential units contain private open space in the form of terraces or balconies. The balcony sizes meet and generally exceed the appropriate standards for apartment size (5 square metres for a one bed unit, 7 square metres for a two bed unit and 9 square metres for a three bed units). Please see HJL Housing Quality Assessment for details on the size of open space for each individual unit. Communal Open Space

5.38 The proposed development in this instance provides for a variety of communal internal and external spaces which are in excess of the Apartment Guidelines minimum standards (5 square metres for a one bed unit, 7 square metres for a two bed unit and 9 square metres for a three bed unit). They range in size from 5 square metres to 14.6 square metres.

5.39 As stated above, communal Open Space is calculated as 5 sq.m for a 1 bed unit, 7 sq.m. for a 2 bed unit, and 9 sq.m for a 3 bed unit. The overall requirement would therefore equate to 914 sq.m. The overall quantum provided is 1,425 sq. m.

5.40 Play space is provided for children in the ground floor courtyard. Please see Stephen Diamond Associates Drawing NO. 17-473-PD-02 for details. Residents’ Amenity

5.41 At ground floor level it is proposed to provide a gym, co-working space, and residents’ lounge, with cinema / function room, multi-purpose room, and reading room located on the seventh floor. There are two roof gardens proposed for the seventh floor also, in addition to the landscaped internal courtyard. These amenities are for residents only. Please note that the proposed development is not a Build to Rent scheme as defined in the Apartment Guidelines 2018. The internal residents’ amenity space is 421 sq. m. Density

5.45 The proposed density on the subject site is c. 385 no. units per hectare. It is considered that the proposed density is appropriate given the National Policy objective to increase residential density in existing urban infill locations. The subject development is located on a high frequency strategic public transport route, served by 20 bus routes, and is within walking distance of a range of employment locations. The National Planning Framework also encourages the use of increased building heights in order to achieve increased residential densities in settlements. The density is reflective of the characteristics of the site, that facilitates a development of this height. The appropriateness of the height at this location is discussed below.

Urban Development and Building Height Guidelines 2018

5.42 The Urban Development and Building Height Guidelines 2018 are intended to set out national planning policy guidelines on building heights in urban areas in response to specific policy objectives set out in the National Planning Framework and Project Ireland 2040.

5.43 The Guidelines in effect put in place a presumption in favour of high buildings at locations with good public transport accessibility. The guidelines state that it is



Government policy to promote increased building height in locations with good public transport services.

5.44 The Guidelines emphasise the policies of the NPF to greatly increase levels of residential development in urban centres and significantly increase building heights and overall density and to ensure that the transition towards increased heights and densities are not only facilitated but actively sought out and brought forward by the planning process and particularly at Local Authority level and An Bord Pleanála level.

5.45 Under Section 28 (1C) of the Planning and Development Act 2000 (as amended), Planning Authorities and An Bord Pleanála will be required to have regard to the guidelines and apply any specific planning policy requirements (SPPRs) of the guidelines in carrying out their function.

5.46 SPPRs as stated in the Guidelines, take precedence over any conflicting policies and objectives of development plans, local areas plans, and strategic development zone planning schemes. Where such conflicts arise, such plans/ schemes need to be amended by the relevant planning authority to reflect the content and requirement of these guidelines and properly inform the public of the relevant SPPR requirements.

5.47 SPPR 1 states the following: “In accordance with Government policy to support increased building height in location with good public transport accessibility, particularly town / city cores, planning authorities shall explicitly identify, through their statutory plans, areas where increased building height will be actively pursued for both redevelopment and infill development to secure the objectives of the National Planning Framework and Regional Spatial and Economic Strategies and shall not provide for blanket numerical limitations on building height”.

5.48 The Development Plan currently states that a maximum building height of 16m is permissible in this area of the city. However, having regard to the Urban Development and Building Height Guidelines, a scheme of 7 storeys in height has been permitted on the site. Given the location and context of the subject site and having regard to urban design principles, it is considered that this key location and gateway into Donnybrook District Centre is capable of achieving building heights up to 12 no. storeys as proposed within the development.

5.49 The guidelines recommend that buildings of greater height are assessed against a set of criteria This assessment is addressed below.

5.50 The guidelines also state that the implementation of the National Planning Framework requires increased density, scale and height of development in town and city cores with an appropriate mix of uses.

5.51 In relation redevelopment and enhancement of the city core, the guidelines state that “to meet the needs of a growing population without growing out urban areas outwards requires more focus in planning policy and implementation term on reusing previously developed “brownfield” land, building up urban infill sites (which may not have been built on before) and either reusing or redeveloping existing sites and buildings that may not be in the optimal usage or format taking into account contemporary and future requirements”.



5.52 The guidelines also place significant emphasis on promoting development within the existing urban footprint utilising the existing sustainable mobility corridors and networks. “In order to optimise the effectiveness of this investment in terms of improved and more sustainable mobility choices and enhanced opportunities and choices in access to housing, jobs, community and social infrastructure, development plans must actively plan for and bring about increased density and height of development within the footprint of our developing sustainable mobility corridors”.

5.53 The Guidelines also state that “the preparation of development plans, local area plans, and Strategic Development Zone Planning Schemes and their implementation in the city, metropolitan and wider urban areas must therefore become more proactive and more flexible in securing compact urban growth through a combination of both facilitating increased densities and building heights”.

5.54 The proposed development is located at a strategic location next to an existing high

frequency bus corridor, with circa 20 bus routes and a peak hour frequency of every 2.5 minutes. This corridor is due to be further improved through the BusConnects programme of city bus enhancement. The proposed development is located on a key site on an approach road to the city centre, adjacent to Donnybrook village core. The proposed development therefore represents an opportunity to provide for a landmark feature at this location.

5.55 The proposed development ranges in height from 3 no. storeys to 12 no. storeys with a maximum height of 43.1m .

5.56 The height and massing of the proposed development has been given careful attention and is considered appropriate having regard to the site’s strategic location adjacent to high quality public transport route in an inner suburban area, whilst also respecting the more sensitive residential boundaries to the west.

5.57 The varied levels of building height acknowledge the setting of the proposed development, including the step-down towards neighbouring houses on adjoining streets to the west and the step-up to its ‘statement corner’ on the Donnybrook Road thoroughfare. The vertical emphasis here is considered visually appropriate. The location of the highest element of the development is separated from existing residential properties by over 30m. It has been demonstrated in the submitted supporting documentation that the height of the proposed blocks do not impinge on the residential amenity of surrounding residential dwellings. The stepped approach to height provides an appropriate transition between the existing residential dwellings located to the west and south.

5.58 SPPR 3 notes that where the applicant sets out compliance with the criteria for assessing building height at the scale of the relevant town / city, at the scale of district / neighbourhood / street and at the scale of a site / building that the planning authority or An Bord Pleanála may approve such development even where specific objectives of the relevant development plan, local area plan or planning scheme may indicate otherwise.

5.59 SPPR 3 (A) states: “It is specific planning policy requirement that where:



1. an applicant for planning permission sets out how a development proposal complies with the criteria above; and 2. the assessment of the planning authority concurs, taking account of the wider strategic national policy parameters set out in the National Planning framework and these guidelines; Then the planning authority may approve such development, even where specific objectives of the relevant development plan, local area plan or planning scheme may indicate otherwise”.

5.60 The guidelines set out the criteria for developments at the scale of the relevant city / town as follows: The site is well served by public transport with high capacity, frequent service and good links to other modes of public transport.

5.61 The subject site is located adjacent to a high frequency bus route along Donnybrook Road which is also proposed as a future BusConnects Corridor. There are 20 no. Dublin bus routes available at the bus stop located along the Donnybrook Road directly adjoining the subject site to the east. Development proposals incorporating increased building height, including proposals within architecturally sensitive areas, should successfully integrate into/ enhance the character and public realm of the area, having regard to topography, its cultural context, setting of key landmarks, protection of key views. Such development proposals shall undertake a landscape and visual assessment, by a suitably qualified practitioner such as a chartered landscape architect.

5.62 The current condition of the site comprises a number of semi-detached suburban houses. The character of the immediate area is quite diverse, with building heights ranging from 1 to 5 storeys.

5.63 The height in respect of the surrounding context has also been carefully considered. The height of development steps down to 3 and 4 no. storeys on the Brookvale Road elevation, to respect the existing 3 no. storey properties present. The Eglinton Road and Donnybrook Road elevations vary in heights, increasing to 12 no. storeys at the junction of the two.

5.64 A Landscape and Visual Impacts Assessment (LVIA) has been prepared by Kennett Consulting. It concludes that: “In light of the above, it is considered that the proposed development contributes positively to a high-quality compact and well-connected city in accordance with Policy SC5; the proposed development makes a positive contribution to the view approaching the city along Stillorgan Road, though this is not a designated View Corridor according to policy SC7; the responsiveness and quality of design incorporated into the development proposal accords with Policy SC25 and is in harmony with local built heritage in accordance with Policies SC28; and the proposed development will have no adverse impact upon nearby protected structures nor upon the nearby Conservation Area and therefore satisfies Policies CHC2 and CHC4.” (Page 42) On larger urban redevelopment sites, proposed developments should make a positive contribution to place-making, incorporating new streets and public spaces, using massing and height to achieve the required densities but with sufficient variety in scale and form to respond to the scale of adjoining developments and create visual interest in the streetscape.



5.65 The proposed development will provide for a high-quality architectural development that will respond to the site’s location. The height of the development has been stepped to respond to edge conditions.

5.66 Cumulatively the proposed development along with the existing development in the area will create a sense of place inviting to the wider community and proposed future occupants. The massing of the blocks has been designed as a direct response to the existing scale of buildings along Brookvale Road / Eglinton Road and the potential for greater height at the junction of Donnybrook Road / Eglinton Road and on Donnybrook Road. The location of the higher elements are where the street performs a public transport role and where overshadowing will not impact on residential amenity. As stated in the Architectural Design Statement accompanying this application, height is necessary here to establish a marker for the transition between suburb and the city.

5.67 The guidelines further set out the criteria for developments at the scale of district /

neighbourhood / street context as follows:

• The proposal responds to its overall natural and built environment and makes a positive contribution to the urban neighbourhood and streetscape;

5.68 The design of the proposed development takes cognisance of the site’s prominent location on a main artery into the city, as well as the surrounding context. The junction of Eglinton Road and Donnybrook Road allows for a building of height, providing a marker for the local area. The western and northern boundaries of the site respond to the context of the lower buildings through the stepping down of the height of the proposed buildings on these elevations. The LVIA states that: “It is considered that the above demonstrates that the proposed development constitutes imaginative contemporary architecture that respects local heritage, local distinctiveness and enriches this part of the city environment. The proposed development is responsive to the height of adjoining existing buildings, and as a key gateway site between outer and inner suburbs on a major route into Donnybrook and the city centre, it is considered to accord with the principles of building height set out in Chapter 16 of the Development Plan and in the Urban Development and Building Height Guidelines 2018” (Page 39)

• The proposal avoids long, uninterrupted walls of building in the form of perimeter blocks or slab blocks with materials / building fabric well considered;

5.69 The development is designed in the form of two interconnecting blocks, with pedestrian access from the street into an internal courtyard. The materials proposed are of a high quality, befitting of the site and the design of the buildings. The LVIA assesses how the design of the proposed development provides for interesting detailing, well considered finishes, and facades that add to the character of the streets. The LVIA states: “The proposed development creates a perimeter block that faces outwards onto all adjoining street, enriching the character and animation of these streets, while enclosing a sheltered and sunny central courtyard for the private use of new residents. These streetscapes and open spaces are further enriched by comprehensive hard and soft landscaping that establish an attractive pedestrian environment. Both building form and façade detailing are coherent, incorporating subtle variations to windows and entrances within the consistent and unifying concrete grid framework. Windows have been included within the upper elevations that are stepped back from



the northern boundary in order to maximise the positive characteristics of these elevations. Material detailing extends to the lower northern ‘gable’ walls that overlook the petrol station to the north and cannot include windows. This detailing avoids a blank and ‘unfinished’ appearance and incoherent / disjointed elevations. Altogether, the proposed development is very responsive to the character of its surroundings, avoiding adverse effects upon local landscape character and having a positive impact upon the quality and character of the local built environment.” (Page 27)

• The proposal enhances the urban design context for public spaces and key thoroughfares and inland waterway / marine frontage, thereby enabling additional height in development form to be favourably considered in terms of enhancing a sense of scale and enclosure while being in line with the requirements of the “the Planning System and Flood Risk Management Guidelines for Planning Authorities 2009;

5.70 The design of the development, with ground floor residential units on the Brookvale, Eglinton, and Donnybrook Road elevations and residential amenity spaces located in the prominent corner at the Donnybrook and Eglinton Road junction, provides for an animated streetscape. Landscaping on these elevations, including planting and railings, will provide a sense of scale. The LVIA in relation to the Dodder Conservation Area, states as follows: “The position of the proposed development maintains physical separation from the nearby River Dodder Conservation Area, while visual separation is provided by the intervening office building, houses, trees and sports ground buildings. Where the proposed development is visible from the nearby Conservation Area, it is designed to be an integral part of the composition of buildings and green spaces that make up the urban landscape. The high standard of design and implementation is intended to enhance the quality of local urban landscape, including that of the Conservation Area.” (Page 26)

• The proposal makes a positive contribution to the improvement of legibility through the site or wider urban area within which the development is situated and integrated in a cohesive manner.

5.71 The site is located at a prominent junction on the busy Donnybrook Road, which serves as an important entrance to the city in terms of private vehicles and public transport. The design responds to this context through the urban-style higher element of the development, providing a marker on this important route. Equally, the western side of the site has a more established suburban residential character. The lower element of the development on Brookvale Road reflects this, while the gradual increase in height from west to east along the Eglinton Road elevation announces this road’s connection with Donnybrook Road. The LVIA finds that: “Scale and height are key considerations. The scale of the site is sufficient to take a structured approach to building height, stepping down towards neighbouring low-rise buildings while stepping up to create a strong presence on a prominent street corner, clustering with other taller existing (and potentially proposed) buildings. Clustering in this way has a positive impact upon neighbouring character and placemaking and is appropriate on a busy transport corridor (Donnybrook Road) that already supports a diverse urban landscape character. At the same time, the proposed development reinforces the quieter residential character of Brookvale Road with a low-rise scale of residential development. With a simple structured approach to the detailing of the taller



tower element, an elegant design solution provides a pleasing accent to this corner of the proposed development. A varied range of storey heights combine with set-backs to the upper floors, which not only create a dynamic and interesting building form but also avoid an overbearing presence and significant adverse impacts on residential amenity for neighbouring and nearby properties, notably those to the opposite sides of Eglinton Road and Brookvale Road.” (Page 29/30)

5.72 The guidelines lastly set out the following criteria for developments at the scale of the site / building:

• The form, massing and height of proposed developments should be carefully modulated so as to maximise access to natural daylight, ventilation and views and minimise overshadowing and loss of light.

5.73 The design of the proposed development has been carefully considered to ensure that the standards of natural daylighting has been achieved; that there are views either across to the mountain, to the city or across attractive internal courtyards. The stepped approach enable the number of dual aspect apartments to be maximised and for sunlight/daylight penetration to the courtyard. At the seventh level, the roof gardens have been chosen to maximise these views to ensure that all residents have access to them.

• Appropriate and reasonable regard should be taken of quantitative performance approaches to daylight provision outlines in guides like the Building Research Establishment’s “Site Layout Planning for Daylight and Sunlight” (2nd edition) or BS 8206-2;2008 – “lighting for Buildings – Part 2; Code of Practice for Daylighting”.

5.74 The proposed development fulfils the requirements in terms of BRE daylight standards for living rooms and bedrooms and sunlight standards for outdoor communal areas and does not adversely affect neighbouring properties to any greater extent than the permitted development. Please see OCSC Consulting Engineers Daylight Sunlight Report.

• “Where a proposal may not be able to fully meet all the requirements of the daylight provisions above this must be clearly identified and a rationale for any alternative, compensatory design solutions must be set out, in respect of which the planning authority or An Bord Pleanála should apply their discretion, having regard to local factors including specific site constraints and the balancing of that assessment against the desirability of achieving wider planning objectives. Such objectives might include securing comprehensive urban regeneration and to an effective urban design and streetscape solution”.

5.75 The proposed development fulfils the requirements in terms of BRE daylight and sunlight standards. The site has three road frontages and the development has been designed to provide an appropriate urban design and streetscape solution.

5.76 In addition, The Urban Development & Building Height Guidelines state that “development should include an effective mix of 2, 3 and 4 storey development which integrates well into existing and historical neighbourhoods and 4 storeys or more can be accommodated alongside existing larger buildings, trees and parkland, river / sea frontage and along wider streets”.



5.77 The proposed development provides for a range of building heights between 3 no. and 12 no. storeys adjacent to a quality public transport corridor. The proposed development is in accordance with the guidelines can therefore achieve 4 no. storeys or more in this location. Specific Assessments

5.78 The Guidelines refer to specific assessments, which may or may not be required to support proposals.

5.79 The assessments considered necessary in this application are:

• Specific impact assessment of the micro-climatic effects such as downdraft. Such

assessments shall include measures to avoid/ mitigate such micro-climatic effects and, where appropriate, shall include an assessment of the cumulative micro-climatic effects where taller buildings are clustered

5.80 The micro-climate effects have been tested by B-Fluid and found to result in a

satisfactory environment, with minor mitigation measures. It states that “the proposed Eglinton Development will produce a high-quality environment that is attractive and comfortable for pedestrians of all categories. The Surrounding environment and development properly shield all paths/walkways around and within the development. Pedestrian footpaths are successfully shielded and comfortable.” (Page 68)

• In development locations in proximity to sensitive bird and / or bat areas, proposed developments need to consider the potential interaction of the building location, building materials and artificial lighting to impact flight lines and / or collision.

5.81 An ecological impact assessment has been prepared by Openfield and a bat fauna

impact assessment has been prepared by Altemar and are submitted as part of this application. The reports have concluded that the likelihood of bird or bat collision is not significant as the materials proposed for the apartment blocks are generally solid, rather than reflective or translucent. This reduces considerably the likelihood of bird or bat collision. It has been demonstrated that the relevant criteria have been complied with.

• An assessment that the proposal allows for the retention of important telecommunication channels, such as microwave links.

5.82 The report prepared by Independent Site Management identifies that one telecommunication dish may be affected by the proposed development and provides mitigation measures to allow for the retention of the channel. The report describes the telecommunication dish as “an insignificant microwave channel that is easily realigned as normal practice when cityscapes in urban areas change.” (Page 3)

• An Assessment that the proposal maintains safe air navigation. 5.81 The proposed development is not located on a flight path to Dublin Airport and is less

than 45 metres in height. Therefore, the criterion is not relevant to this development as the Development Plan “The Irish Aviation must be notified in all cases where a proposed development exceeds 45m in height” (Page 317)



• An urban design statement including, as appropriate, impact on the historic built environment.

5.83 The application includes the Architect’s Design Statement, a Conservation Report, Archaeological Impact Assessment Report and a Landscape and Visual Impact Assessment. The LVIA also responds to this issue. The LVIA finds that the proposed development can be accommodated without giving rise to significant negative impacts. The Conservation Report finds the proposed removal of the houses does not constitute a significant loss of architectural or historic fabric. The visual impact of the proposed development on adjoining protected structures will be minimal.

5.84 It is respectfully submitted that the proposed development has had regard to the planning policy framework as set out in the building height guidelines and National Planning Framework. The provision of residential development at this location between 3 no. and 12 no. storeys is supported by the height guidelines which encourages increased density and building heights. The proposed development complies with such objectives therefore is considered to be in accordance with the national policy in the National Planning Framework and the provisions of national policy guidelines.

Eastern and Midlands Regional Assembly; Regional Spatial and Economic Strategy 2019- 2031 (2019)

5.85 The Regional Spatial and Economic Strategy is a strategic plan and investment framework to shape the future development of the eastern regional to 2031 and beyond. The Eastern and Midland Regional assembly (EMRA) was established in 2015 as part of the regional tier of governance in Ireland. The region covers nine counties, Longford, Westmeath, Offaly, Laois, Louth, Meath, Kildare, Wicklow, and Dublin. The principle function of the assembly is the delivery of a Regional Spatial and Economic Strategy (RSES), a new concept in Irish planning where not only the spatial but also the economic factors that go into the future of the region are brought together into one all-encompassing strategy.

5.86 The principle status of the RSES is to support the implementation of Project Ireland 2040 – the National Planning Framework (NPF) and National Development Plan (NDP) and the economic policies and objectives of the Government by providing a long term strategic planning and economic framework for the development of the region.

5.87 The RSES is required under the Planning and Development Act 2000 (as amended) to address employment, retail, housing, transport, water services, energy and communications, waste management, education, health, sports and community facilities, environment and heritage, landscape, sustainable development and climate change.

5.88 The vision for the RSES is to create a sustainable and competitive region that supports the health and wellbeing of our people and places, from urban to rural, with access to quality housing, travel and employment opportunities for all.

5.89 The RSES supports the consolidation and re-intensification of infill, brownfield sites to provide high density and people intensive uses within the existing built up area of Dublin city and suburbs and ensure that the development of future development areas is co-ordinated with the delivery of key water infrastructure and public transport projects.



5.90 The subject development seeks to provides for residential development on a key urban infill site to increase densities, heights and urban consolidation in this inner suburban location. The proposed development therefore is compliant with the overall policies and objectives of the RSES in this regard.

Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas (2009)

5.91 The role of the Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas is to ensure the sustainable delivery of new development throughout the country. The Guidelines focus on the provision of sustainable residential development, including the promotion of layouts that:

• Prioritise walking, cycling, and public transport, and minimise the need to use cars;

• Are easy to access for all users and to find one’s way around;

• Promote the efficient use of land and of energy, and minimise greenhouse gas emissions;

• Provide a mix of land uses to minimise transport demand.

5.92 The Guidelines also provide guidance on the core principles of urban design when creating places of high quality and distinct identity. The Guidelines recommend that planning authorities should promote high quality design in their policy documents and in their development management process. In this regard, the Guidelines are accompanied by a Design Manual discussed below which demonstrates how design principles can be applied in the design and layout of new residential developments, at a variety of scales of development and in various settings.

5.93 These Guidelines support a plan-led approach to development as provided for in the Planning and Development Act 2000. Section 2.1 of the Guidelines note that ‘the scale, location and nature of major new residential development will be determined by the development plan, including both the settlement strategy and the housing strategy’.

5.94 The Guidelines reinforce the need to adopt a sequential approach to the development of land and note in Section 2.3 and ‘the sequential approach as set out in the Departments Development Plan Guidelines (DoEHLG, 2007) specifies that zoning shall extend outwards from the centre of an urban area, with undeveloped lands closest to the core and public transport routes being given preference, encouraging infill opportunities…’.

5.95 Having regard to the above, the subject site is zoned Z1. The proposed development is therefore making the most efficient use of the subject land increasing residential development in an existing urban area and providing for high density residential development in a key location well served by existing public transport and local services. The proposed development is therefore compliant with the guidelines in terms of the sequential development approach.

5.96 Sustainable neighbourhoods require a range of community facilities, and each district/neighbourhood will need to be considered within its own wider locality, as some facilities may be available in the wider area while others will need to be provided locally. The proposed development is located in close proximity to local services such as schools, local shops, and businesses. In addition, the site is within walking distance of



Donnybrook Lawn Tennis Club, Herbert Park, a number of other sports clubs, and University College Dublin with its wide array of facilities.

5.97 The subject lands are located adjacent to ‘Public Transport Corridors’ in the context of the densities required under the Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas (2009).

5.98 Section 5.8 of the Guidelines recommends that ‘in general, minimum net densities of 50 dwellings per hectare, subject to appropriate design and amenity standards, should be applied within public transport corridors, with the highest densities being located at rail stations / bus stops, and decreasing with distance away from such nodes’. The proposed development provides for a density of c. 385 no. units per hectare. It is considered that given the location of the site in close proximity to a number of surrounding services, including high frequency public transport link, existing local facilities and education and employment centres that the proposed density on site is appropriate in this instance.

5.99 In addition to recommending appropriate densities, the Guidelines focus on the provision of sustainable residential development, including the promotion of layouts that:

• prioritise walking, cycling and public transport, and minimise car use;

• are easy to access for all users and to find one’s way around;

• promote the efficient use of land and of energy, and minimise greenhouse gas emissions; and

• provide a mix of land uses to minimise transport demand.

• Reduce traffic speeds in housing developments

5.100 The layout is highly accessible for future occupants as well as the existing community with a permeable layout throughout the site.

5.101 The Guidelines also provide advice on the core principles of urban design when creating places of high quality and distinct identity. The Guidelines are accompanied by a Design Manual which demonstrates how design principles can be applied in the design and layout of new residential developments, at a variety of scales of development and in various settings.

5.102 The proposed development also has regard to the advice set down in the ‘In Practice’ section of the Urban Design Manual (2009), which sets out a series of 12 criteria which it recommends should be used in the assessment of planning applications and appeals. The 12 criteria are discussed in detail below.

5.103 This planning application is accompanied by a Design Statement, prepared by HJL Architects, which demonstrates how the proposed development has regard to and has been developed in accordance with best practice in respect to urban design. The Design Statement should be read in conjunction with this Statement of Consistency and with the plans and particulars accompanying this submission. Urban Design Manual – A Best Practice Guide (2009)

5.104 The Design Manual sets out a series of 12 criteria which it recommends should be used in the assessment of planning applications and appeals. The 12 no. criteria are assessed as follows:



Context: How does the development respond to its surroundings?

5.105 Response: The height, scale and massing of the proposed development has been informed by the surrounding context of the development, the pivotal location of the site, and has regard in particular to the existing residential units to the west and south of the subject site. The proposed development ranges in height from 3 and 4 no. storeys on Brookvale Road to 12 no. storeys on Donnybrook Road and Eglinton Road as to ensure the neighbouring properties are not impacted in terms of visual amenity.

5.106 The proposed scale, height and layout of the development adequately addresses both the existing residential properties in the area and provides for an appropriate scale and use of the strategically located site. The Architect’s Design Statement explains how the final massing was arrived at in Section 2.3.

Connections: How well is the new neighbourhood / site connected?

5.107 Response: The proposed development is located on a Bus Corridor and very

connected to the city by means of public transport. The proposed development will be

accessed from Eglinton Road, Donnybrook Road, and Brookvale Road. The main

pedestrian access will be through the main entrance to the development from Eglinton

Road. Direct pedestrian access from the street from Donnybrook and Brookvale Roads

will also be provided. Bicycles and vehicles will access the site from Brookvale Road.

Bleeperbikes (bicycle hire) and 2 no. Go Car car share spaces will also be provided.

Inclusivity: How easily can people use and access the development?

5.108 Response: The overall development will provide for residential amenities on both the ground floor and seventh floor. A number of areas of communal amenity space are provided to serve the future residents. These communal areas will be easily accessible to the future residents. Please see the Landscape Design Report to show the integration between the internal and external spaces. Section 2.4 of the Architect’s Design Statement provides further information.

5.109 The development will provide for disabled car parking spaces and all communal areas and apartments types are designed to be accessible to all. Variety: How does the development promote a good mix of activities?

5.110 Response: The overall use of the site is predominantly residential. The proposed development will include a quantum of communal space which will provide for high quality amenity to future residents of the development. The site is located in area with a good mix of uses including local services and amenities.

5.111 The proposed development also includes external and internal communal open space for the use of the future residents. The internal space will include a meeting room, gym, co-working area, multi-purpose room, cinema, and a resident’s lounge area. Efficiency: How does the development make appropriate use of resources, including land?

5.112 Response: The proposed development is located on a brownfield site in an existing urban area. The proposed density makes efficient use of this key site along a high quality Dublin bus route served by numerous routes and a highly frequent service.



5.113 The layout and orientation of the scheme has been designed to have regard to aspect

and views and ensure dwellings and areas of open space achieve light throughout the day.

5.114 The scheme provides an efficient layout, with street frontages on three sides. The disposition of height in the proposed development takes account of the edge conditions and orientation of the site. The resultant development makes for an appropriate use of the scare resource of zoned, serviced residential land. Distinctiveness: How do the proposals create a sense of place?

5.115 Response: The proposed development is located at the entrance to Donnybrook village at the focal point in the road junctions. The scale of the proposed development makes it visually distinctive and provide for a landmark at this key location. The high quality material, the post and beam grid and stacking of balconies create a classical style building that is light and open and provide for a feature element at this location. The quality of the limited palette of materials - reconstituted stone and light coloured brick on the facades, and anodized bronze finish aluminium on the window frames and balconies – contribute to the creation of a strong design for this site. Please see the Architect’s Design Statement. Layout: How does the proposal create people-friendly streets and spaces?

5.116 Response: The proposed development fronts existing public streets on three sides. It will provide for an improved pedestrian environment on Brookvale Road. The proposed development will also provide for high quality ground floor residential units with large windows and terraces, which will provide passive surveillance, thereby creating attractive and friendly spaces. The ground floor communal areas will also have large windows facing into both Eglinton and Donnybrook Roads, providing passive surveillance. Public Realm: How safe, secure and enjoyable are the public areas?

5.117 Response: The development has been designed to ensure appropriate level of passive surveillance is provided for within the development.

5.118 The provision of communal areas overlooking the public roads, as well as private open spaces overlooking the internal courtyard will ensure a safe and secure environment is maintained within the outdoor space. This will ensure a safe and enjoyable environment for the future residents.

5.119 It is therefore considered that the proposed design and layout of the overall development provides for a high quality safe and enjoyable area to residents.

Adaptability: How will the buildings cope with change?

5.120 Response: The proposed residential units meet or exceed the minimum standards for residential unit size. The development provides a mix of 1, 2, and 3 no. bed units that can be easily reconfigured to adapt to the changing life cycles and personal needs of each resident.

5.121 A life cycle report is submitted with the application which demonstrates how the

proposed development will adapt to changes in life cycles and tenures.



Privacy / Amenity: How do the buildings provide a high-quality amenity?

5.122 Response: All of the units are provided with an area of usable private open space in the form of a terrace or balcony which meets or exceeds the relevant apartment guidelines standards. All of the dwellings meet the Section 28 Guidelines unit size requirements. The design of the units has had regard to the siting and orientation of the development in order to maximise the solar gain and natural light aspect of each dwelling.

5.123 The development provides for appropriate separation distances between existing dwellings and the proposed apartment units. It steps down in scale along Eglinton Road and Brookvale Road. This maintains a high level of privacy and amenity obtained by residents and reduces the level of overlooking and overshadowing.

5.124 In addition, the proposed development also provides for high quality amenity space in terms of landscaped open space. The provision of the high quality communal open space increases the level of residential amenity obtained for the future residents. Th e amenities for future residents include gym, lounge, co-working space, reading room, cinema room, etc. As such it is considered that the proposed development provides for a high-quality amenity value throughout the entire scheme.

5.125 Please see Section 4 of the Architect’s Design Statement. Parking: How will the parking be secure and attractive?

5.126 Response: A total of 75 no. car parking spaces are proposed at basement level to serve the proposed development. The proposed car parking will be secure as to ensure a safe and accessible basement car park is achieved. 2 no. car club spaces are also provided within the development. 4 no. motorcycle parking spaces will also be provided in the basement.

5.127 204 no. bicycle parking spaces will also be provided to cater for the development. 172 no. storage spaces will be provided in the secure basement with a further 28 no. in a secure store at ground floor level. 4 no. spaces are provided on street for visitors. These on street spaces are to be located on the Donnybrook Road side of the development, overlooked by large windows from the residents’ lounge. Detailed Design: How well thought through is the building and landscape design?

5.128 Response:

5.129 The Architectural Design Statement sets out a comprehensive design rationale for the proposed development. A landscape design statement is also submitted with this application. The landscape strategy ensures appropriate boundary treatments are provided as well as a well-designed landscape strategy for the communal open spaces as to ensure the use of these spaces is maintained throughout the year. The landscape strategy takes a zona approach to the development, with zones which receive “maximum levels of direct sunlight, principally across the central courtyard’s northern sector, have been designed to offer a series of interconnected gardens, seating areas and terraces providing valuable outdoor amenity space. These areas follow the sun arc in an east to west direction across the courtyard space to provide residents and visitors a variety of places to gather and chat from morning through to late evening.” (Landscape Design Report Section 2.0)



As such having regard to the 12 urban design principles, it is considered that the proposed development is of high architectural quality in keeping with the surrounding context of the area. The development provides for a new landmark feature in this key location, enhancing the entrance point to the district centre and Donnybrook village. The proposed development is designed to ensure that a high level of residential amenity is obtained both within the development and for the surrounding existing residential properties. It is therefore considered that the proposed residential development is a significant improvement to the area and a better utilisation of this key brownfield site in an existing urban area. Delivering Homes, Sustaining Communities (2008)

5.130 The Department’s policy statement Delivering Homes, Sustaining Communities, provides the overarching policy framework for an integrated approach to housing and planning. The statement notes that demographic factors will continue to underpin strong demand for housing, which in turn will present considerable challenges for the physical planning of new housing and the provision of associated services. The quality of the housing environment is stated as being central to creating a sustainable community.

5.131 Sustainable neighbourhoods are areas where an efficient use of land, high quality design, and effective integration in the provision of physical and social infrastructure combine to create places people want to live in.

5.132 The Delivering Homes, Sustaining Communities policy statement is accompanied by Best Practice Guidelines entitled ‘Quality Housing for Sustainable Communities’. The purpose of these Guidelines is to promote high standards in the design and construction and in the provision of residential and services in new housing schemes. The guidelines encourage best use of building land and optimal utilisation of services and infrastructure in the provision of new housing; point the way to cost effective options for housing design that go beyond minimum codes and standards; promote higher standards of environmental performance and durability in housing construction; seek to ensure that residents of new housing schemes enjoy the benefits of first-rate living conditions in a healthy, accessible and visually attractive environment; and provide homes and communities that may be easily managed and maintained.

5.133 This application is accompanied by a Housing Quality Assessment document prepared by HJL Architects which demonstrates the consistency of the proposed development with the relevant standards in the Quality Housing for Sustainable Communities document and the County Development Plan where relevant. Design Manual for Urban Roads and Streets (DMURS) (2019)

5.134 A DMURS Statement has been prepared by OCSC. It demonstrates how the proposed development has incorporated a series of design measures to promote more sustainable modes of transport and support vulnerable road users.

Guidelines for Planning Authorities on Childcare Facilities (2001)

5.135 Guidelines for Planning Authorities on Childcare Facilities (2001) indicate that Development Plans should facilitate the provision of childcare facilities in appropriate locations. These include larger new housing estates where planning authorities should require the provision of a minimum of one childcare facility with 20 places for each 75



dwellings. The threshold for provision should be established having regard to existing location of facilities and the demography of the area where new housing is proposed. The following definition of Childcare is included in the Guidelines: “In these Guidelines, "childcare" is taken to mean full day-care and sessional facilities and services for pre-school children and school-going children out of school hours. It includes services involving care, education and socialisation opportunities for children. Thus services such as pre-schools, naíonraí (Irish language playgroups), day-care services, crèches, playgroups, and after-school groups are encompassed by these Guidelines. Conversely childminding, schools, (primary, secondary and special) and residential centres for children are not covered by these Guidelines.”

5.136 The Section 28 Sustainable Urban Housing; Design Standards for New Apartments; Guidelines for Planning Authorities 2018 states that:

5.137 “Notwithstanding the Department’s Planning Guidelines for Childcare Facilities, which are currently subject to review and recommend the provision of one childcare facility (equivalent to a minimum of 20 child places) for every 75 dwelling units, the threshold for provision in apartment scheme should be established having regard to the scale and unit mix of the proposed development and the existing geographical distribution of childcare facilities and the emerging demographic profile for the area”.

5.138 The Sustainable Urban Housing; Design Standards for New Apartments; Guidelines for Planning Authorities 2018 states that “One bedroom or studio type units should not generally be considered to contribute to a requirement for any childcare provision and subject to location, this may also apply in part or whole, to units with two or more bedrooms”.

5.139 Discounting the number of one bed units, the entire development would comprise of 67 no. two bed and 10 no. 3 bed units. This would generate demand for 8 to 11 no. childcare spaces (depending on local or national population estimates). It is not proposed to provide a childcare facility with this development as there is sufficient capacity existing in childcare providers in the area. Please refer to the Childcare Requirement Report prepared by John Spain Associates for more details.

Transport Strategy for the Greater Dublin Area 2016 - 2035

5.140 This strategy has been prepared by the National Transport Authority. The Vision of this strategy is for Dublin to be a competitive, sustainable city-region with a good quality of life for all by 2030.

5.141 The Strategy includes five overarching objectives to achieve the vision which are as follows:

• Build and strengthen communities

• Improve economic competitiveness

• Improve the built environment

• Respect and sustain the natural environment

• Reduce personal stress

5.142 The Strategy sets out measures to achieve the vision and objectives for the GDA. These include better integration of land use planning and transportation, consolidating



growth in identified centres, providing more intensive development in designated town and district centres and control parking supply.

5.143 The Strategy builds on previous strategies and investment programmes, and for this reason several major infrastructure schemes that are included in the government’s Transport 21 investment framework are included in all of the strategy options.

5.144 The proposed residential development, which provides for a density of c. 385 units per hectare, adjacent to existing good quality public transport, is considered to be consistent with the vision and objectives of the Transport Strategy for the GDA. BusConnects: Transforming City Bus Services (2020)

5.145 BusConnects Dublin proposes a two-strand upgrade of Dublin’s bus network; a number of physical upgrades to roads in order to create core bus corridors, and a comprehensive overhaul of bus routes.

5.146 It is proposed to construct sixteen radial core bus corridors, which will allow for quicker and more efficient journeys to and from the City Centre. The site is located along one of the core radial corridors that BusConnects is proposing (Core Bus Corridor 13, Bray-City Centre, see Figure 2). The provision of this new public transport corridor will greatly boost the accessibility of the subject site which is already well served by many Dublin Bus routes.

5.147 The redesign of the city’s bus routes will result in the new route E, which will run along Corridor 13, connecting the Ballymun area in the north through the city centre and south to the White’s Cross area. This route will have a very high all-day frequency.

5.148 The BusConnects programme will deliver a bus system that will enable more people to travel by bus, allowing bus commuting to become a much more viable and attractive option for the populace. The proposed development is fully compatible with the proposed Busconnects scheme. Please see the OCSC report on Traffic Assessment and Parking Report. The proposed development is consistent with the BusConnects proposal for Donnybrook Road adjacent to the site.



Figure 5.1: Extract of Core Bus Corridor 13 from Bray to City Centre - BusConnects 2020

Guidelines for Planning Authorities on ‘The Planning System and Flood Risk Management (November 2009)’

5.149 The Planning System and Flood Risk Management Guidelines were published by the Minister for the Environment, Heritage & Local Government in November 2009 under Section 28 of the Planning & Development Act 2000 (as amended). The Planning system and flood risk management guidelines require the planning system at all levels to avoid development in areas at risk of flooding, particularly floodplains, unless there are proven wider sustainability grounds that justify appropriate development and where the flood risk can be reduced or managed to an acceptable level without increasing flood risk elsewhere; adopt a sequential approach to flood risk management when assessing the location for new development based on avoidance, reduction and mitigation of flood risk; and incorporate flood risk assessment into the process of making decisions on planning applications and planning appeals.

5.150 In order to comply with these Guidelines a Site Specific Flood Risk Assessment was prepared by OCSC Consulting Engineers and a copy of this report has been included with this application. A Justification Test has been prepared for the site, in accordance with the Guidelines. The site is located in are which has satisfied the Development Plan Justification Test. The site is zoned for residential development (with existing houses on the site) in the Dublin City Development Plan which was informed by the strategic flood risk assessment of the city (see Site 11, page 147, Volume 7 Dublin City Development Plan 2016-2023).



Source: Dublin City Development Plan 2016-2022 Vol. 7 Page 147

5.151 It is concluded that the site is in compliance with the core principles of the Planning System and Flood Risk Management Guidelines and has been subject to a commensurate assessment of risk.



Birds and Habitats Directive – Appropriate Assessment

5.152 Under Article 6 (3) of the EU Habitat Directive and Regulation 30 of SI no. 94/1997 “European Communities (Natural Habitats) Regulations (1997)” any plan or project which has the potential to significantly impact on the integrity of a Natura 200 site (i.e. SAC or SPA) must be subject to an Appropriate Assessment. This requirement is also detailed under in the Planning and Development Acts (2000 – 2010).

5.153 An Appropriate Assessment Screening Report, prepared by Openfield Consultants, is submitted with this application to the Board. It is supplemented by a Quantitive Risk Assessment and Preliminary Waste Soil Classification Report by OCSC Consulting Engineers .

5.154 The Screening Report concludes that “significant effects are not likely to arise, either alone or in combination with other plans or projects to any SAC or SPA”.

5.155 In addition, an Environmental Impact Assessment Screening Report has been prepared to accompany this planning application. The report concluded that the preparation of an EIAR is not required in respect of the proposed development as it is significantly sub threshold and that the prosed development is not likely to give rise to significant environmental impacts. Ecology

5.156 An Ecological Impact Assessment prepared by Openfield Ecological Consultants and Bat Fauna Impact Assessment prepared by Altemar are included in the application.



6 LOCAL PLANNING POLICY 6.1 The subject site is located within the administrative boundary of Dublin City Council

and is therefore subject to the policies and objectives of the Dublin City Development Plan 2016-2022.

Dublin City Council Development Plan 2016-2022 6.2 The application site is located within the administrative boundary of Dublin City Council

and is subject to the policies and objectives of the 2016 - 2022 Dublin City Development Plan.

6.3 The following sets out and assesses the proposed development in relation to policies,

objectives and standards of the Dublin City Development Plan.

Land Use Zoning 6.4 The subject site is zoned Z1. The objective for Z1 lands is “to protect, provide and

improve residential amenities”. The vision for residential development in the city is one where a wide range of accommodation is available within sustainable communities where residential areas are within easy reach of services, open space and facilities such as shops, education, leisure, community facilities and amenities, on foot and by public transport and where adequate public transport provides good access to employment, the city centre and the key district centres. Residential development is a permitted in principle use in the Z1 zone.

Figure 6.1: Extract from Dublin City Council land use zoning map H with the subject site outlined in red

6.5 The site is located within a zone of archaeological interest. A Conservation and

Archaeological Report is submitted with this application The River Dodder Conservation Area is located close to the south east corner of the site.



Quality Housing and Sustainable Neighbourhoods 6.6 Section 2.3.3 of the Dublin City Development Plan 2016-2022 states that it is an

objective of the council to create a quality compact city of mixed – tenure neighbourhoods, catering for a wide range of family types. The Development Plan also states that:

“Requiring apartment schemes to have good local facilities, and that large schemes are phased to ensure support infrastructure is provided in tandem with residential development, will assist in achieving this key strategy. An emphasis on effective property management for both apartment and housing complexes will also improve the quality of residential development”

Section 5.5.2 of the Dublin City Development Plan 2016-2022 encourages sustainable residential areas. The plan states that “building at higher densities makes more efficient use of land and energy resources, creating a consolidated urban form which fosters the development of compact neighbourhoods and a critical mass which contributes to the viability of economic, social, and transport infrastructure”.

“QH7: To promote residential development at sustainable urban densities throughout the city in accordance with the core strategy, having regard to the need for high standards of urban design and architecture and to successfully integrate with the character of the surrounding area.”

“QH8: To promote the sustainable development of vacant or under-utilised infill sites and to favourably consider higher density proposals which respect the design of the surrounding development and the character of the area.”

6.7 With reference to policies QH7 and QH8, the proposed development is fully compliant

in that it proposes a high standard of urban design and architecture which successfully integrates to the surrounding area. Furthermore, it represents the sustainable development of an under-utilised site.

6.8 It is the policy of Dublin City Council:

QH12: To promote more sustainable development through energy end-use efficiency, increasing the use of renewable energy, and improved energy performance of all new development throughout the city by requiring planning applications to be supported by information indicating how the proposal has been designed in accordance with the development standards set out in the Development Plan.

6.9 The proposed development will comply with the current NZEB Building Standards.

Building Height 6.10 Section 16.7.2 of the Development Plan sets out 3 no. height category limits for the

city, Low -rise, Mid- rise and High Rise. The subject site is located within the Outer City which is an area listed within the low – rise (up to 16m) height category.

6.11 A number of policies are set out in the Dublin City Plan with regard to building height.

These set out that an application for high buildings higher than the maximum set out will be subject to the provisions of an LAP, SDZ or SDRA.

“It is policy of Dublin City Council:



SC16: To recognise that Dublin City is fundamentally a low-rise city and that the intrinsic quality associated with this feature is protected whilst also recognising the potential and need for taller buildings in a limited number of locations subject to the provisions of a relevant LAP, SDZ or within the designated strategic development regeneration area (SDRA). SC17: To protect and enhance the skyline of the inner city, and to ensure that all proposals for mid-rise and taller buildings make a positive contribution to the urban character of the city, having regard to the criteria and principles set out in chapter 15 (guiding Principles) and Chapter 16 (development standards). In particular, all new proposals must demonstrate sensitivity to the historic city centre, the river Liffey and quays, Trinity College, the cathedrals, Dublin Castle, the historic squares and the city canals, and to established residential areas, open recreation areas and civic spaces of local and citywide importance. SC18: To promote a coordinated approach to the provision of tall buildings through local area plans, strategic development zones and the strategic development and regeneration areas principles, in order to prevent visual clutter or cumulative negative visual disruption of the skyline.”

6.12 The proposed development is in excess of the heights set down for this area in the city

Development Plan. However it has been demonstrated above that the proposed development is consistent with national planning policy, including the National Planning Framework and the Urban Development and Building Height Guidelines in particular. Please see the accompanying Statement of Material Contravention which addresses the height of the proposed development further in planning policy terms. Plot Ratio and Site Coverage

6.13 The Dublin City Council Development Plan 2016-2022 sets out an indicative plot ratio of 0.5 - 2.0 for lands with a Z1 zoning objective. The indicative site coverage for Z1 is 45 - 60%. These figures are indicative only; higher plot ratios and site coverage may be acceptable under the following circumstances:

• Adjoining major public transport termini and corridors, where an appropriate mix of residential and commercial uses is proposed

• To facilitate comprehensive re-development in areas in need of urban renewal

• To maintain existing streetscape profiles

• Where a site already has the benefit of a higher site coverage

6.14 The Plot Ratio for the proposed development is 1:3.58 while the site coverage is 64%. These are higher than the indicative range. However, with the site is located directly on a high frequency public transport corridor, a higher plot ratio is appropriate. Therefore, as the proposed development complies with the criteria for higher plot ratio. The approach complies with the Urban Development and Buildings Height Guidelines. The site coverage is marginally higher than that provided for, although is less than the extant permission on the site of 69%.

Car Parking Standards

6.15 The subject site is located in parking Zone 3. The City Development Plan sets out

maximum standards only - 1.5 spaces maximum per dwelling in this location. In terms

of bicycle parking, the standard is 1 space per dwelling.



6.16 The Apartment Guidelines 2018 also set out specific requirements for car and cycle parking. In relation to carparking, it states that; “In larger scale and higher density developments, comprising wholly of apartments in more central locations that are well served by public transport, the default policy is for car parking provision to be minimised, substantially reduced or wholly eliminated in certain circumstances.”

6.17 The number of car parking spaces proposed is 75 no. The car parking provision is

therefore provided at a rate of 0.51:1 spaces per dwelling. The Traffic Assessment and Parking Strategy Report submitted with this application sets out the rationale for car parking provision on site. It notes that the subject development is located along a high frequency bus corridor with frequent service into the city centre. In addition, the proposed development is located only circa 2km from the city is considered an acceptable walking / cycle distance and is also within walking distance of significant employment locations such as Ballsbridge.

6.18 2 no. car sharing places have been provided in the proposed basement layout. Bike

sharing will also be provided.

6.19 The provision of reduced car parking spaces in a location served by high quality facilities in close proximity to the development would encourage sustainable modes of transport to be utilised in place of the private motor vehicle to avail of the services nearby. The shift towards reduced car parking or “car free” developments should therefore be actively encouraged in such locations and the subject site.

6.20 204 no. cycle parking spaces have been proposed, 1.37 spaces per apartment unit. This rate of bicycle parking is in excess of the minimum set by the Development Plan. Given the site’s proximity to a high frequency bus corridor and within walking distance of the city centre, the cycle parking ratio is considered acceptable. Residential Quality Standards – Apartments and Houses

6.21 The plan sets out specific standards for all residential units both apartments and houses which include

• Public Open Space

• Safety and Security

• Acoustic Privacy

Public Open Space

6.22 The Development Plan standards specify that in new residential developments, 10% of the site area shall be reserved as public open space. The Development Plan standards also include a number of detailed recommendations in terms of the design and layout of open spaces including a requirement that a landscaping plan will be required for all development identifying all public, communal (semi-private) and private open space.

6.23 No public open space is being provided with this application. The proposed development provides for a total of 1,425 sq. m. of high-quality communal open space which equates to circa 36% of the overall site area. In total, the 148 no. units require 914 sq.m of communal open space. This is within the figure of communal open space provided, without including any internal communal space (421 sq.m).



6.24 The site is located less than 10 minutes’ walk from Herbert Park. Herbert Park has been open to the public for over 100 years. It is 13 hectares in size and contains a wide range of leisure facilities including tennis courts, sports fields, a duck pond, a playground, and allotments.

6.25 Having regard to the level of open space provided and within the vicinity of the site it is considered that the omission of public open space is justified. Also noted is the size of the site. A further 10% would not be feasible or usable in this regard.

Acoustic Privacy

6.26 Acoustic privacy is a measure of sound insulation between dwellings and between

external and internal spaces. Developments should have regard to the guidance on sound insulation and noise reduction for buildings contained in BS 8233:2014. The following principles are recommended for minimising disruption from noise in dwellings:

• Utilise the site and building layout to maximise acoustic privacy by providing good building separation within the development and from neighbouring buildings and noise sources.

• Arrange units within the development and the internal layout to minimise noise transmission by locating busy, noisy areas next to each other and quieter areas next to quiet areas.

• Keep stairs, lifts, and service and circulation areas away from noise-sensitive rooms like bedrooms. Particular attention should be paid to the siting and acoustic isolation of the lift motor room

6.27 The proposed development has been designed with regard to the above guidance on sound insulation and noise reduction. Overshadowing, Overlooking and Overbearing

6.28 The proposed development has also had particular regard to overbearing and overlooking impacts on the surrounding existing properties. There are residential properties located on the opposite side of the road on Brookvale Road and Eglinton Road, to the south and west of the subject site. In this regard the proposed development has been designed to ensure that height is stepped to reflect the sensitivities of residential development proximate to the site. The proposed development steps down significantly to the west along Brookvale Road.

6.29 The O’Connor Sutton Cronin & Associates report on daylight, sunlight and

overshadowing shows that the proposed development does not significantly impact on the daylight levels, sunlight levels or overshadowing experienced by these dwellings.

The Neighbourhood - Making Sustainable Neighbourhoods

6.30 The final set of residential standards contained in Section 16.10.4 of the Development Plan relate to the making of sustainable neighbourhoods. In general, the standards specify that proposals should have regard to the DEHLG’s Guidelines on Sustainable Residential Development in Urban Areas and the accompanying Urban Design Manual, 2009. The proposed development has been designed in accordance with this guidance.



6.31 In summary, it is submitted that the proposed development of the lands is fully compliant with all relevant residential development standards as specified by the Dublin City Development Plan 2016 – 2022.

6.32 The proposal has also been designed taking into account the proposals for the Dodder Greenway. OCSC has liaised with DCC in this regard. Please the Traffic Assessment and Parking Strategy Report for details. Conservation

6.33 The site is not located in the River Dodder Conservation Area, Policy CHC4 seeks to protect the special interest and character of all Dublin’s conservation areas. “Development within or affecting a Conservation Area must contribute positively to its character and distinctiveness and enhance the character and appearance wherever possible”. The policy requires that contemporary architecture of the exceptional quality, which is in harmony with the conservation area.

6.34 Both the LIVA and Conservation Reports submitted with this application concur that

the main impact on the Conservation Area is visual. The Conservation Report notes that the proposed development is largely screened from protected structures and the conservation area. The LVIA considers that: “Where the proposed development is visible from the nearby Conservation Area, it is designed to be an integral part of the composition of buildings and green spaces that make up the urban landscape. The proposed development has a similar relationship to Protected Structures and other built heritage as it does to the River Dodder Conservation Area, maintaining physical and visual separation to a large degree, while incorporating a high standard of design and materials that provide a complementary visual contrast to nearby Protected Structures. It avoids obstructing view to these structures and avoids intrusion or forms part of a pleasing contemporary backdrop. There are no designated views in the locality.”

6.35 It is considered that the proposed development, contributes positively and enhances

the character and distinctiveness of the conservation area and complies with this policy.

Residential amenities

6.36 The residential amenities of existing and future residents have been carefully

considered in this proposed development, and have been increased in comparison to the permitted scheme. The stepped approach of the extant permission has been retained. This ensures that the physical impacts closest to these properties have been minimised, over and above that already permitted.

6.37 The proposed development is surrounded by landscaping and the ground floor is at 10.6 m OD, circa 0.9 metre above street level, to provide for adequate levels of privacy for ground floor terraces.

6.38 The Sunlight and Daylight Report prepared by OCSC confirms that the level of sunlight

and daylight being achieved by the apartments achieve the required daylight levels. The sunlight assessment of amenity space within the proposed development demonstrates that 50% of the space achieves two hours of sunlight on March 21st, in accordance with BRE standards.



6.39 Neighbouring residential property window are assessed in terms of daylight and

sunlight. There is some additional loss of daylight received, when comparing the proposed development to the permitted development. However, the change is minor. Similarly, there is some reduction to the annual amount of sunlight hours received. Again, this is categorised as minor, particularly during winter months

6.40 The overshadowing level of neighbouring residential properties is no greater than that

the permitted development. 6.41 The future residents will enjoy a high standard of residential amenity. The proposed

development includes a residents’ lounge, gym, co-working area at ground floor and a substantial interlinked space at seventh floor, providing for indoor and outdoor communal open space. The outdoor space has been designed taking into account the mitigation measures from B-Fluid, to ensure that the space is an enjoyable area for sitting out in. The roof terraces are distant from existing properties and will not give rise to overlooking.



7. COMPLIANCE WITH PART V OF THE PLANNING AND DEVELOPMENT ACT REGARDING SOCIAL HOUSING

7.1. The applicant has entered into initial discussions with the Housing Department of

Dublin City Council in respect to Part V. The applicant agrees to accept a condition on a grant of planning permission, if the Planning Authority is minded to approve the proposed development, which requires the applicant to enter into a Part V agreement with Dublin City Council as per their requirements prior to the commencement of development. A validation letter from Dublin City Council is submitted as part of this application.

7.2. The applicant’s Part V proposals are illustrated in the architectural drawings

accompanying this planning application. The proposal is to provide 14 no. of the residential apartments i.e. 10% of the total 148 no. units proposed.

7.3. The 14 no. units are provided as 1 and 2 bed units, from ground to second floor. Please

refer to the accompanying drawings and schedule of accommodation.



8. CONCLUSION

8.1. The statement set out herein demonstrates that the proposed development is consistent with the relevant national, regional and local planning policy context.

8.2. At a national and regional level, this statement has demonstrated consistency with the following:

o National Planning Framework 2040; o Rebuilding Ireland – Action Plan for Housing and Homelessness; o Sustainable Urban Housing: Design Standards for New Apartments; Guidelines for

Planning Authorities 2018; o Urban Development and Building Height Guidelines 2018; o Eastern and Midlands Regional Assembly; Regional Spatial and Economic Strategy

2019- 2031; o Guidelines for Planning Authorities on Sustainable Residential Development in Urban

Areas (2009), and the accompanying Urban Design Manual; o Delivering Homes, Sustaining Communities (2008) and the accompanying Best

Practice Guidelines- Quality Housing for Sustainable Communities; o Design Manual for Urban Roads and Streets (2013); o Guidelines for Planning Authorities on Childcare Facilities (2001); o Transport Strategy for the Greater Dublin Area 2016 – 2035; o BusConnects: Transforming City Bus Services (2018); o The Planning System and Flood Risk Management (2009); o Birds and Habitats Directive – Appropriate Assessment.

8.3. Consistency is also demonstrated with the policies and provisions of the Dublin City Development Plan 2016-2022, with the exception of building height which is assessed in accordance with the Urban Development and Building Height Guidelines

8.4. It is respectfully submitted that the proposed development will provide an appropriate form of high-quality residential development for this site. This consistency statement accompanying this planning application demonstrates that the proposed development is consistent with the national, regional and local planning policy framework and that the proposal will provide for an effective and efficient use of this under-utilised site which is highly accessible and well served by public transport.

8.5. The proposed development and accompanying documentation and reports have been prepared following pre-planning consultation with Dublin City Council and An Bord Pleanála.

8.6. In conclusion, it is respectfully submitted that the proposed development is consistent with the proper planning and sustainable development of the area, and is consistent with all relevant national, regional and local planning policies and guidelines and that the proposal as presented should be granted planning permission in this regard.



APPENDIX 1 - PRE-PLANNING APPLICATION DISCUSSIONS Pre-Application Meetings with Dublin City Council Three meetings were held with Dublin City Council in regard to this project, on 15/08/2019, 19/09/2019 and 15/11/2019. Dublin City Council were represented by Ms. Mary Conway and Ms. Elaine Sullivan. The client, architects, landscape architect and planning consultants attended. At the first meeting, the council expressed concerns over the level of communal open space, the quality of the residential units and the bulk of the higher element. The increase in number of one-bedroom units is to be justified. At the second meeting, if no creche is to be provided, then this would need to be justified. Daylight and sunlight were of concern. The issue of height of the proposed development was discussed. It was recommended that the level of car parking be discussed with the relevant department in the council. The final meeting discussed the materials and finishes and the visual impact of the proposed development. The proposed development was considered broadly acceptable.

Statement of Consistency... · relation to a proposed development on lands at no.s 1, 3, 5, 7, 9, and 11 Eglinton Road, also fronting Donnybrook Road and Brookvale Road. 1.2. The

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