RE: Proposed Variation of Dublin City Development Plan 2011-2017. Site at New Street South/Fumbally Lane, Dublin 8.
The SEA Directive was transposed into Irish Law through the European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (Statutory Instrument Number (SI No. 435 of 2004) and the Planning and Development (Strategic Environmental Assessment) Regulations 2004 (SI No. 436 of 2004). Both sets of Regulations became operational on 21st July 2004. The Regulations have been amended by the European Communities (Environmental Assessment of Certain Plans and Programmes) (Amendment) Regulations 2011 (SI No. 200 of 2011) and the Planning and Development (Strategic Environmental Assessment) (Amendment) Regulations 2011 (SI No. 201 of 2011).
Purpose of Report:
The purpose of the report is to consider whether the proposed Draft Variation of the Dublin City Development Plan 2011–2017 requires a SEA. The assessment is based on the criteria set down in Schedule 2A of the Planning and Development Regulations 2001, as amended, the DoEH&LG SEA Guidelines and Annex II of Directive 2001/42/EC.
Proposal:
It is proposed to vary the Dublin City Development Plan 2011 – 2017 by changing the zoning of the subject lands at New Street South/Fumbally Lane:
From:Zoning Objective Z1 – To protect, improve and provide residential amenities.
To:Zoning Objective Z6 – To provide for the creation and protection of enterprise and facilitate opportunities for employment creation.
Further Detail on the Proposal:
The proposal relates to a 0.144ha Brownfield site located in the centre of a city block between New Street South, Fumbally Lane and New Row South, Dublin 8. There is a shared underground car park on the site, which serves the adjoining commercial development at Fumbally Square and is accessed from New Street South.
The site is bounded to the north by surface car parking associated with an apartment complex, to the south by Fumbally Square office complex and a number of derelict warehouses on New Row South; to the east by a residential over ground floor commercial development; and to the west by the rear gardens of a terrace of 2 storey houses on New Row South. The site is accessed via a pedestrian and vehicular link from New Street South
The Planning Authority considers that it is appropriate to change the zoning of the subject lands from Z1 (Sustainable Residential Neighbourhoods) to Z6 (Employment/Enterprise) for a number of reasons.
The site is a Brownfield site forming part of a larger site which was given planning permission for a mixed use development. The office element was constructed and is now operating as the Fumbally Square/Exchange –a co-operative design hub which accommodates design focussed small businesses, sole traders and start-ups in an office environment. The residential element has not been built. The site has been the subject of a number of subsequent planning applications for residential development but the applications have run into difficulties in relation to meeting the open space requirements of the proposed residential units while protecting the amenities of existing adjoining low scale dwellings on New Row South. In this respect a proposed commercial development of the site would be more likely to overcome potential overlooking and mitigate any likely adverse impacts on adjoining residential developments.
The rezoning of the site to Z6 Employment/Enterprise wouldprovide a new opportunity to secure the redevelopment of the site and could allow for the consolidation of the existing successful and desirable use type. This would be in line with current Development Plan policies “to promote and facilitate the provision of commercial developments that are flexible and can provide for a range of unit sizes including units suitable for small and start-up enterprises” and“to promote flexible buildings that facilitate work clusters and affordable work spaces that develop in proximity to each other so as to allow skilled self-employed workers operate independently and also in collaboration in the city and develop positive, productive synergies and efficiencies.”
In terms of the loss of residential land availability, it is noted that the site directly abuts a Z6 zone. An analysis of recent planning permissions in the immediate area indicates that a significant quantum of residential development has been delivered on these adjoining Z6 lands as part of approved mixed use schemes. Furthermore the rezoning of the subject site to Z6 Employment/Enterprise would not preclude consideration of residential development as a subsidiary element but would present a greater range of options for the future use of this partially developed site.
Screening Criteria determining whether the proposed variation is likely to have significant environmental effects;Schedule 2A to the Planning and Development Regulations 2001 (or any regulations revoking or re-enacting these regulations)
This proposal has been examined in light of the criteria detailed in Schedule 2A and the City Council is of the view that the proposal does not require SEA.
This decision is based on the area of lands directly affected by the proposed variation and on the magnitude and spatial extent of the likely impact of the proposed variation, which are deemed not to be significant.
Conclusion:
The Planning Authority has determined that an SEA is not required for the proposed variation to the Dublin City Development Plan 2011-2017.This was notified to the prescribed bodies who in the appropriate time have not objected to the determination.
Recommendation:
SEA procedure is not necessary for proposed variation no. 11.
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Garrett Hughes
Executive Planner