Planning and Development Acts 2000 to 2006

An Bord Pleanála

PLANNING AND DEVELOPMENT ACTS 2000 TO 2006

Buncrana Town

Planning Register Reference Number: P06/90006

An Bord Pleanála Reference Number: PL 40.220381

APPEAL by Jansu Developments Limited care of Simon Clear and Associates of 3 Terenure Road West, Terenure, Dublin against the decision made on the 5th day of October, 2006 by Buncrana Town Council to refuse permission in accordance with plans and particulars lodged with the said Council.

PROPOSED DEVELOPMENT: A mixed use commercial, retail and residential redevelopment consisting of the demolition of the existing factory premises and the construction of a mixed use development with a gross overall floor area of 42,068 square metres, comprising a retail element totalling 7,619 square metres (gross), including an anchor unit of 5,456 square metres gross and 15 number retail/service units of 2,163 square metres gross; a commercial/office element totalling 2,438 square metres; a cafe totalling 232 square metres, a restaurant/bar element totalling 734 square metres; a medical centre totalling 360 square metres and 70 apartments, comprising 19 one bedroom, 43 two bedroom and eight three bedroom units, all with associated balconies and terraces. The development will be serviced by a total of 558 carparking spaces, of which 100 are located in the lower basement to serve the residential element only, 287 are located in the basement to serve the retail/commercial element and 171 located at ground/surface level to serve the retail/commercial element. Ingress and egress to the retail/commercial parking at surface and basement levels will be via a new roundabout located on Aileach Road. Ingress and egress to the residential parking at lower basement level will be via an access ramp located on Cahir O’Doherty Avenue, which will also service the retail loading bay, located at lower basement level. The application site area extends to 5.89 acres or 2.38 hectares. The development also consists of four number new ESB sub-stations, foul water pumping chamber, new two metre wide footpath to Cahir O’Doherty Avenue, boundary treatments, landscaping, connections to existing public services, and all other associated development works. The development will be a maximum height of two storeys over ground level to Cahir O’Doherty Avenue and a maximum of seven storeys over ground level to the frontage to Lough Swilly all at the disused former Fruit of the Loom factory site at Aileach Road and Cahir O’Doherty Avenue, Buncrana, County Donegal.

DECISION

GRANT permission for the above proposed development in accordance with the said plans and particulars based on the reasons and considerations under and subject to the conditions set out below.

MATTERS CONSIDERED

In making its decision, the Board had regard to those matters to which, by virtue of the Planning and Development Acts and Regulations made thereunder, it was required to have regard. Such matters included any submissions and observations received by it in accordance with statutory provisions.

REASONS AND CONSIDERATIONS

Having regard to the nature and location of this large brownfield site (former Fruit Of The Loom manufacturing facility), its location within the town of Buncrana, the zoning provisions pertaining to the site as ‘primarily commercial, retail and residential use’ as provided for in the current development plan for the area, Variation Number 2, 2007, to the pattern of development in the vicinity and to the reduced scale of the development, it is considered that, subject to compliance with the conditions set out below, the proposed development would not seriously injure the amenities of the area or of property in the vicinity, would not materially contravene the current development plan for the area, would not have an adverse impact on the vitality or viability of the town centre and would be acceptable in terms of traffic safety and convenience. The proposed development would, therefore, be in accordance with the proper planning and sustainable development of the area.

In deciding not to accept the Inspector's recommendation to refuse permission, the Board had particular regard to Variation Number 2, 2007 of the Buncrana Development Plan 2002 and noted that the zoning changes post-dated the Inspector’s report. Furthermore, the Board had regard to the reduced scale of the proposed development and the orientation and aspects of the apartments and considered that the reduced scale of retail floor space as set out in the conditions below overcame the Inspector’s concerns with regard to the quantum of the retail provision and, furthermore, considered that the proposed development would support the role of the town centre having regard to its location within Buncrana.

CONDITIONS

1.The development shall be carried out in accordance with the plans and particulars lodged with the application, as amended by the further plans and particulars received by the planning authority on the 14th day of June, 2006 and the 13th day of July, 2006 and the revised plans and particulars received by An Bord Pleanála on the 1st day of November, 2006 which provide for:

(1)omission of two complete upper storeys of apartments along the western boundary (six units),

(2)omission of single storey apartments along the curved section (10 units), and

(3)Reduction of floor area of restaurant/bar from 734 sq metres to 335 square metres with the surplus (399 sq metres) to form additional civic office space.

Reason: In the interest of clarity.

2.The total net retail sales space of the anchor store shall not exceed 3,000 square metres. Prior to commencement of development, a revised design and layout of the anchor store, showing a reduction in the overall floor area, shall be submitted to the planning authority for written agreement. In this regard, the store shall be reduced by the omission of the area between gridline A and B and the omission of the area between gridlines 1 and 3. The service access shall be moved southwards and a landscaped buffer strip of at least six metres shall be provided along the northern boundary of the site. A landscaped buffer strip shall also be provided along the eastern side boundary.

Reason: To ensure that the development is in compliance with the Retail Planning Guidelines for Planning Authorities published by the Department of the Environment, Heritage and Local Government in January 2005 and to reduce the visual impact of the building on adjoining properties.

3.A traffic management plan for the construction phase of the proposed development shall be submitted to and agreed with the planning authority prior to commencement of development.

Reason: In the interest of traffic safety and orderly development.

4.Prior to commencement of development, vision lines of 68 metres shall be provided in each direction at a point 3.05 metres back from the road edge at the location of the vehicular entrance. The vision lines shall be in accordance with the requirements of the planning authority.

Reason: In the interest of traffic safety.

5.Prior to commencement of development, a construction management plan shall be submitted to the planning authority for written agreement. This plan shall provide details of intended construction practice for the development, including hours of working, noise management measures, off-site disposal of construction/demolition waste and a scheme for dust and dirt control.

Reason: In the interest of amenities and public safety.

6.Water supply and drainage arrangements, including the disposal of surface water, shall comply with the requirements of the planning authority for such works and services.

Reason: In the interest of public health and to ensure a proper standard of development.

7.Prior to commencement of development, a management scheme providing adequate measures relating to the future maintenance of private open spaces, roads and communal areas in a satisfactory manner shall be submitted to the planning authority for agreement.

Reason: To ensure the adequate future maintenance of this private development in the interest of residential amenity.

8.Prior to commencement of development the developer shall submit, and obtain the written agreement of the planning authority to, a plan containing details for the management of waste (and, in particular, recyclable materials) within the development, including the provision of facilities for the storage, separation and collection of the waste and, in particular, recyclable materials, and for the ongoing operation of these facilities.

Reason: To provide for the appropriate management of waste and, in particular recyclable materials, in the interest of protecting the environment.

9.Public lighting shall be provided in accordance with a scheme, details of which shall be submitted to the planning authority for agreement prior to the commencement of development.

Reason: In the interest of amenity and public safety.

10.Prior to commencement of development, proposals for a name and numbering scheme and associated signage shall be submitted to the planning authority for agreement.

Reason: In the interest of orderly development.

11.Prior to commencement of development, details of the materials, including samples panels, colours and textures of all the external finishes to the proposed development (which shall provide for a high quality finish to all external elevations) shall be submitted to the planning authority for agreement.

Reason: In the interest of orderly development and the visual amenities of the area.

12.The site shall be landscaped in accordance with a scheme of landscaping, details of which shall be submitted to the planning authority for agreement before development commences. The scheme shall include a timescale for its implementation.

Reason: In the interest of visual amenity.

13.The areas shown as open space on the lodged plans shall be reserved for such use and shall be soiled, seeded, levelled and landscaped in accordance with a detailed scheme, including a timetable for implementation, to be agreed with the planning authority.

Reason: In the interest of the amenities of the occupants of the proposed development.

14.Prior to commencement of development, the applicant or other person with an interest in the land to which the application relates shall enter into an agreement in writing with the planning authority in relation to the provision of social and affordable housing in accordance with the requirements of section 96 of the Planning and Development Act 2000, as amended, unless an exemption certificate shall have been applied for and been granted under section 97 of the Act, as amended. Where such an agreement is not reached within eight weeks from the date of this order, the matter (other than a matter to which section 97(7) applies) may be referred by the planning authority or any other prospective party to the agreement to the Board for determination.

Reason: To comply with the requirements of Part V of the Planning and Development Act 2000, as amended, and of the housing strategy in the development plan of the area.

15.Prior to commencement of development, the developer shall lodge with the planning authority a cash deposit, a bond of an insurance company, or other security to secure the provision and satisfactory completion of roads, footpaths, watermains, drains, public open space and other services required in connection with the development, coupled with an agreement empowering the planning authority to apply such security or part thereof to the satisfactory completion of any part of the development. The form and amount of the security shall be as agreed between the planning authority and the developer or, in default of agreement, shall be referred to the Board for determination.

Reason: To ensure the satisfactory completion of the development.

16.The developer shall pay to the planning authority a financial contribution in respect of public infrastructure and facilities benefiting development in the area of the planning authority that is provided or intended to be provided by or on behalf of the authority in accordance with the terms of the Development Contribution Scheme made under section 48 of the Planning and Development Act 2000. The contribution shall be paid prior to the commencement of development or in such phased payments as the planning authority may facilitate and shall be subject to any applicable indexation provisions of the Scheme at the time of payment. Details of the application of the terms of the Scheme shall be agreed between the planning authority and the developer or, in default of such agreement, the matter shall be referred to the Board to determine the proper application of the terms of the Scheme.

Reason: It is a requirement of the Planning and Development Act 2000 that a condition requiring a contribution in accordance with the Development Contribution Scheme made under section 48 of the Act be applied to the permission.

17.The developer shall pay to the planning authority a financial contribution as a special contribution under section 48(2)(c) of the Planning and Development Act 2000 in respect of (a) upgrading bridge crossing the Crana River, (b) provision of a right turning lane on the R238 at the junction of the Aileach Road, (c) provision of a filter lane at the junction of the R238 with the Aileach Road, and (d) provision of a mini-roundabout between the site entrance and the Aileach Road/Church Road junction. The amount of the contribution shall be agreed between the planning authority and the developer or, in default of such agreement, the matter shall be referred to the Board for determination. The contribution shall be paid prior to the commencement of the development or in such phased payments as the planning authority may facilitate and shall be updated at the time of payment in accordance with changes in the Wholesale Price Index – Building and Construction (Capital Goods), published by the Central Statistics Office.

Reason: It is considered reasonable that the developer should contribute towards the specific exceptional costs which are incurred by the planning authority which are not covered in the Development Contribution Scheme and which will benefit the proposed development.

18.The developer shall pay the sum of €627,000 euro (six hundred and twenty-seven thousand euro) (updated at the time of payment in accordance with changes in the Wholesale Price Index – Building and Construction (Capital Goods), published by the Central Statistics Office), to the planning authority as a special contribution under section 48 (2)(c) of the Planning and Development Act 2000 in respect of development of lands to the west of the site as an amenity/recreational area. This contribution shall be paid prior to the commencement of the development or in such phased payments as the planning authority may facilitate. The application of indexation required by this condition shall be agreed between the planning authority and the developer or, in default of such agreement, the matter shall be referred to the Board to determine.

Reason: It is considered reasonable that the developer should contribute towards the specific exceptional costs which are incurred by the planning authority which are not covered in the Development Contribution Scheme and which will benefit the proposed development.

______

PL 40.220381 An Bord Pleanála Page 1 of 7