Inspector S Report

An Bord Pleanála

Inspector’s Report

PL27.EF2016

PL27.CF2022

Wicklow County Council.

Nature of Application:Approval under Section 175 and Compulsory Purchase Order

Location of Development:Greystones Harbour and North Beach, Rathdown Upper and Lower.

Nature of Development:New Harbour, Marina, Residential, Commercial, club facilities, public open space, access and off-street car parking.

Inspector:James Carroll

CONTENTSPages

Introduction3-4

Format of Oral Hearing4

Background to Proposed Development5-7

Site Location and Description7-13

The Harbour13-14

North Beach14-15

The Cliff Walk16-17

Proposed Development17-18

Proposed Harbour 18-20

Site Layout21-23

Open Space Provision23-24

Residential Types24-25

Commercial Floorspace27-28

Environmental Impact Statement28-29

Compulsory Purchase Order29-31

Objections to Proposed Development 31-33

Oral Hearing33-182

Assessment182-233

Recommendation233-239

Appendix1-21

INTRODUCTION

This is an application for approval under Section 175 of the Planning and Development Act 2000 for a public private partnership project development, at Greystones Harbour and the North Beach Area in Greystones.

The application letter submitted to An Bord Pleanala on 22/12/2005 refers to the Local Authority, Wicklow County Council, applying for approval of the proposed development which is detailed in a submitted Environmental Impact Statement.

The proposal is a Public Private Partnership comprising Wicklow County Council and Sispar.

Sispar is a joint venture consortium of Park Developments and John Sisk and Sons Limited.

Included in the proposal is;

• Construction of a new harbour containing a marina basin for circa 230 yachting berths and associated facilities;

• Leisure harbour.

• Coastal protection and beach nourishment works.

• Rubble mounted groyne, at north end of proposed harbour.

• Marine based community club facilities.

• Public park and other public open space.

• A 375 residential units.

• 6,500 square metres of mixed use commercial floorspace.

Prior to the approval of An Bord Pleanala being sought for the proposed development, a Compulsory Purchase Order was made by Wicklow County Council on 21st December 2004. This was lodged with An Bord Pleanala on 23rd December 2004, Ref. 27.CF2002. The compulsory purchase order application was put in abeyance pending the receipt of the application for approval for the development.

I have read the contents of both 27.EF2016, the application for approval, and 27.CF2002, the compulsory purchase order.

I have inspected the site, on a number of occasions.

I have held an oral hearing relating to both the compulsory purchase order and the application for approval.

The oral hearing was held in the Royal Hotel, Bray commencing on Thursday 30th March 2006 and continuing on the 31st March, the 3rd, 4th, 5th and 6th April and concluded on Friday 7th April 2006.

A transcript of the proceedings constitutes part of both files.

Format of Oral Hearing

The oral hearing initially dealt with the objections and submissions made in relation to the compulsory purchase order and the proposed extinguishments of public rights of way. Evidence was taken from objectors and observers. It was also taken from Wicklow County Council.

The application made to An Bord Pleanala under Section 175 of the 2000 Planning and Development Act constituted the bulk of the proceedings of the oral hearing. This directly followed the completion of the taking of evidence in relation to the compulsory purchase order.

Background to Proposed Development

There is a reasonably prolonged planning history to what eventually evolved into the current application for approval, including the compulsory purchase order.

Apart from the sea, the two main physical elements constituting the area encompassed by the proposal are Greystones Harbour and the North Beach and the land immediately to the west of the beach, generally between it and the Dublin/Wexford railway line.

Almost 20 years ago the Planning Authority sponsored a number of planning studies of the area. By 1999 the County Development Plan, in the Greystones/Delgany section of the plan, Section 6 contained Action Area Plan Z2, Greystones Harbour and North Beach.

Although the Wicklow County Development Plan of 1999 was replaced by the plan of 2004-2010, the Greystones/Delgany Plan was not included as part of the 2004-2010 County Development Plan. At present the effective plan for Greystones/Delgany is that of 1999.

Map No. 3 of the Greystones/Delgany Plan is titled Greystones Harbour and North Beach Action Plan. It contains nine separate zoning designations, each of which are referred to in the written submission. In overall terms the 1999 Plan proposed the reconstruction and enlargement of Greystones Harbour. This incorporated a 290 berth yachting marina.

Another major element of the Action Area Plan was the provision of approximately 250, two-storey and four-storey two-bedroom apartment. Further development included the provision of 20,000 square feet (1,860 square metres) of commercial floorspace.

The plan also provided community facilities, and public open space.

By 2001 the Planning Authority had appointed consultants to assist them with the preparation of a self financing public private partnership (PPP).

A feasibility study resulted from the earlier investigations. The major finding was that the initial project was not sustainable financially and that a significantly increased level of public sector subvention would be required to make the project economically viable. As a result, in early 2002 the Planning Authority requested the study team to significantly improve the business case for drawing greater value at the location. As a result a master plan was developed. This concentrates buildings around the proposed harbour and marina.

A reference Design for the proposal resulted from public consultation with the various users of the existing harbour, a liaison group and the Greystones Harbour think tank.

As a result of the studies and the public consultation, a variation of the County Development Plan resulted. The variation was put on public display in August/September 2003. It was adopted by the Council on 3rd November 2003.

The variation of the County Development Plan is a framework within which the instant proposal was brought forward.

Following the variation a competition was held to choose a private sector partner to work in conjunction with the Planning Authority.

The successful competition entrants, Sispar, in conjunction with Wicklow County Council, prepared the Environmental Impact Statement for submission to An Bord Pleanala in order to obtain approval for the proposed development.

Legal Procedures

In a letter dated 4th June 2004, submitted to An Bord Pleanala on 8th June 2004, Wicklow County Council made a request under Section 173(3)(a) of the Planning and Development Act 2000, for provision of a scoping document for the Environmental Impact Statement requirement, having regard to the scale of the development. By letter of 22nd October 2004 An Bord Pleanala informed Wicklow County Council of its scoping requirements (Ref. 27.ES2016).

The reason the scoping document was requested resulted from the scale of the project exceeding the Environmental Impact Assessment threshold as required by the Planning and Development Regulations 2001, Schedule 5, Part 2, 10. Additionally the project is likely to have significant effects on the environment.

The Environmental Impact Statement was submitted to An Bord Pleanala for approval pursuant to Section 226(3) of the Planning and Development Act 2000.

As part of the development is proposed to be carried out on the foreshore, the overall proposal evolves within the scope of Section 226 of the 2000 Act with sub-section (1) of this section requiring the approval of An Bord Pleanala to carry out the project.

Wicklow County Council is not required to obtain a foreshore licence under the Foreshore Act 1933 in order to be able to implement the project. Section 227(8) of the Planning and Development Act 2000 provides that the Foreshore Act 1933 does not apply to an application to An Bord Pleanala for approval of a development on the foreshore under Section 226 of the 2000 Act or for confirmation of a compulsory purchase of the foreshore, under Section 227 of the Act.

SITE LOCATION AND DESCRIPTION

The site of the development lies within Greystones, which is a town containing a population of approximately 12,000. The town is located approximately 25 kilometres to the South Dublin City and approximately 20 kilometres north of Wicklow town.

Bray is located approximately 6 kilometres to the north.

The N11 national primary route is located approximately 4 kilometres to the west. Approximately 3 kilometres west of the location is the village of Delgany. This lies on the R762 Regional Route which connects the N11 eastwards to Greystones. The other main road connection into Greystones is southwards, directly from Bray by the R761 Regional Route. At its nearest point the R761 is located approximately 1.5 kilometres to the west of the subject site, at Blacklion.

Prior to the coming of the railway in the mid 1850’s, Greystones was a small coastal settlement of little significance. The medieval town of Rathdown, which will be discussed elsewhere in this report, had long since disappeared.

With the coming of the railway came considerable development mainly residential in nature. A small service function also arose mainly centred on Main Street, close to the railway station. The Burnaby estate was developed towards the end of the 19th century and into the 20th century.

Greystones Harbour was built in the late 1880s. It was basically a north/south running breakwater running due north from the Greystones rocks, from which the town derives its name.

The harbour was used for the importation of coal mainly. There was also a fishing function as the Irish sea, was a vibrant fishery at the turn of the 19th century. It would appear that commercial activity in the harbour declined greatly following a storm in 1912. As a result of the storm three ships were damaged beyond repair.

The harbour continued to be used for fishing for a number of decades however the level of activity would not have been significant.

In 1961 the northern end of the pier was changed significantly by the sinking of the original base for the Kish Lighthouse adjoining the northern end of the pier. This was to provide shelter from northerly, north-easterly winds.

The structure originally intended as the base for the new Kish Lighthouse was being constructed in Dun-Laoghaire Harbour adjoining St. Michael’s Wharf. The structure was being built within a coffer dam. The reinforced concrete structure cracked significantly and could not be used for its intended purpose. It was surplus to requirements. It was floated from Dun Laoghaire Harbour and deposited at the northern end of Greystones Harbour approximately 45 years ago. A considerable amount of rock armouring was also deposited around and adjoining the circular structure to integrate it with the northern end of the quayside. The resultant structure is quite unedifying if not ugly. It is completely out of character with the existing harbour wall/quayside and constitutes a visually incongruous feature. It is not a particularly efficient breakwater, being partially below water level at high tide.

Apart from the inner harbour, the remaining element in Greystones Harbour is the northern breakwater. This runs eastwards from the Shingle Beach towards the harbour wall. It is a reinforced concrete structure which is presently inaccessible to the public due to damage. Adjoining it on its southern side is a slipway providing access into the harbour.

The inner harbour is at the southern end of the original pier. It is completely silted/sanded up and in fact contains the beginnings of a dune system with various vegetation. Most of it is not tidal at this stage.

The remainder of the harbour consists of an arced shingle beach backed by a grassed area used mainly for the storage of upturned boats.

There is a flat roofed structure used for the storage of materials used for boating and fishing.

Greystones Harbour is bounded on its southern side by Cliff Road. To the south-west is Beach Road. A roadway runs northwards immediately to the west of the harbour, for a distance of approximately 2 kilometres where it terminates at a turning area at Darcys Field, presently a reasonably large flat grassed area used as two soccer pitches. This use will discontinue shortly as the users of the pitches are moving to another location.

A total of eight houses face northwards onto Cliff Road. Four of these are in a terrace of two-storey houses set back several metres from Cliff Road and separated from it by a 1 metre high wall. Shared vehicular access and parking arrangement are located between the terrace and the northern boundary. This is Bayswater Terrace. Table 8 of the Greystones/Delgany Development Plan contains buildings and structures for preservation. The four dwellings constituting Bayswater Terrace are on the preservation list in Table 8. Also included are five houses on Cliff Road. All of the listed houses are of considerable age and in residential usage.

Table 10 of the Development Plan contains buildings and structures for protection. Included in the table are two buildings located across Beach Road from the harbour. The first of these is the Beach House, a public house. The other is a largely two-storey structure in residential and commercial use.

The difference between Table 8 and Table 10 is that with Table 8 it is the intention to secure the preservation of the buildings.

In Table 10 it is an objective to consider the preservation of the buildings, in dealing with applications for their alteration or demolition.

There are several other buildings which face directly onto Greystones Harbour. Northwards from Beach Road is the access road to the playing fields, referred to above. The building closest to the junction is the old coastguard station. This is a quite low single-storey structure which has been radically altered in external appearance. It is an old stone building white painted with its fenestration blocked up. At its southern end there is an even lower single-storey extension which is used as a fast food take-away. The old coast guard building is accessed through the take-away food shop and is used for leisure purposes with various games and gaming machines.

Immediately to the west of the old coast guard station there is a recently completed two-storey building containing eight apartments. This is on the northern side of Beach Road. It accesses onto the roadway to the east at a position immediately to the north of the old coast guard station.

To the north of the apartments there is a recently constructed two-storey dwellinghouse. Immediately adjoining this to the north there is an old two-storey dwellinghouse. Both dwellings are of a similar design although separated in age by in excess of 60 years. Both of these dwellings are owned and occupied by objectors (Bertram).

There are two further drawings, both two-storey and of considerable age, located to the north on immediately adjoining sites. All of these dwellings are accessed northwards from Beach Road along what is known locally as North Beach or Coast Road.

Immediately to the north of the northern most dwelling, which is also occupied by an objector, are lands owned by Greystones Sailing Club. The reference of this site, which is part of the compulsory acquisition proposal is No. 12, the area being 0.099 hectares. The site is fully enclosed, on the west and north by walling and by a railing and wall eastwards onto North Beach. The site contains a flat roofed two-storey building, floor area approximately 100 square metres, which is used as a club house. The remainder of the site is largely used for the storage of boats.

Immediately to the north of the sailing club is the land owned by Greystones Ridge Angling Club, map reference no. 13 containing an area of 0.037 hectare. This site contains a flat roofed single-storey structure used as a clubhouse, floor area approximately 60m2.

Immediately to the north of the angling club site are lands occupied by J.J. Burke and Sons, who operate a food distribution business. There are two map references, No. 14 and 15. 14 contains an area of 0.23 hectares, 15 contains an area of 0.072 hectares and consists of part of a roadway, leading onto the site of map reference 14. Map reference 14 itself contains a number of temporary buildings used as offices. These buildings would not contain a floorspace in excess of 50/60 square metres. The major part of reference 14 is fully enclosed by a concrete block wall to a height of approximately 2.5 metres. This encloses what is effectively a yard area containing the temporary buildings and is also used as an open storage area for trucks and freezing equipment. J.J. Burke and Sons are objectors to a compulsory acquisition of the lands.

The land to the north of the Burke site consists mainly of a now disused Local Authority dump. Use of this was discontinued in the early 1980s and the land capped with topsoil. The site is overgrown with weed and scrub. It is generally at a level approximately 2 metres above original ground level. The North Beach access way runs around the western extremity of the old landfill to the turning area at Darcys Field described above. The landfill adjoins the beach at its eastern side. There is a pathway directly northwards through the landfill and this has resulted from usage rather than design. This is part of the Cliff Walk, a pedestrian route connecting Greystones Harbour northwards to Bray Head and Bray town.