To the Lord Mayor and Members of Dublin City Council Report No. 77/2020 Report of the Chief Executive _________________________________________________________________________ Proposed Variations (No.’s 8 - 27) of Dublin City Development Plan 2016-2022 Proposed Variations to the City Development Plan 2016 – 2022 – Towards meeting National and Regional brownfield development objectives for the city. _________________________________________________________________________ CONTEXT AND PROCESS FOR VARIATIONS PROPOSED Introduction to the Variation Proposals No. 8 - 27. It is proposed to vary the Dublin City Development Plan 2016 – 2022 to change the land use zoning of well serviced (transport / water / drainage) but underutilized employment (Z6) zoned brownfield lands in built-up areas across Dublin City to residential/ mixed use/open space (Z1, Z3, Z5, Z9 and Z10). This is in order to bring these lands into more intensive and efficient use, in accordance with National and Regional planning objectives on the reuse of underutilized urban brownfield lands and in respect of population growth targets for Dublin City. The proposed rezoning also allow for a more compatible zoning objective at the local level. Proposed Variation No. 16 includes the proposal for a text modification to Section 14.8.9 of the CDP, relating to Land-Use Zoning Objective Z9 – Amenity/Open Space Lands/Green Network, seeking to facilitate the improvement of the functionality and passive surveillance of Z9 lands, where appropriate. This Report addresses all of the variations proposed. Sections 1-3 examine the context of the Variations, the proposed changes and the procedures and public consultation undertaken. Sections 5-6 give a full list of all submissions received (a number of which address all proposed variations in general), includes a summary table of key points raised by variation, and examines the submissions received by the prescribed bodies and those where the Chief Executive is statutorily required to give an individual response Section 7 is divided into each of the proposed variations, listing the submissions received for each one, summarises the issues, including any land specific issues that arose from the Prescribed Bodies. This is followed by the response of the Chief Executive in relation to the issues raised, including, where necessary, a separate response to points made from those bodies such as the OPR where the Chief Executive is required to do so. In conclusion, for each variation a recommendation is made by the Chief Executive to the Members, taking into account all of the issues considered. The Chief Executive’s Report, as identified above, is divided into three parts, containing seven subsections: 1. 2. 3. 4. 5. 6. 7. Purpose of the Variations Summary of the Variation proposals Procedure Followed for Preparation of Variations & Public Consultation List of Submissions Received Description of Submissions Received and Summary Table for each Variation of relevant submissions and issues raised Submissions from Prescribed Bodies and those that Require an Individual Response Individual Variation Reports on Proposed Variations No.’s 8 – 27 Section 7 ‘Individual Variation Reports’ contains the 20 individual variation reports; one for each of the proposed variations No.’s 8 to 27. Each report contains the following:      The text of the relevant Variation proposal which was on public display / distributed to Members, List of the Submission reference numbers that address this variation, either in general or specifically, A summary of all submissions on the individual variation and where required, those submissions that require specific consideration (as required by Section 13 (4) of the P&D Act, 2000, as amended) along with the Chief Executives Response to each A summary of all other submissions received and the Chief Executives Response to the issues raised Recommendation of Chief Executive on the Proposed Variation. Section 1: Purpose of the Proposed Variation The purpose of the proposed Variation is to change the land use zoning of 20 well serviced, centrally located and accessible but underutilized brownfield lands (Z6 Zoning) to residential/ mixed use/open space (Z1, Z3, Z5, Z9 and Z10). This is in order to bring these lands into more intensive and efficient use, in accordance with National and Regional planning objectives on the reuse of underutilized urban brownfield lands and in respect of population growth targets for Dublin City. National and Regional Planning Policy places an emphasis on urban consolidation and compact growth. It seeks to secure the provision of housing, jobs, amenities and services within our cities, and this is to be achieved through promoting strategic development areas for homes and jobs along strategic transport corridors. There is also a strong emphasis on the development of brownfield / infill / underutilised lands within the existing footprint of built up areas, particularly within the M50 and the canals. National and regional planning policy is summarised below: The National Planning Framework (NPF) (Project Ireland 2040) seeks that Dublin City needs to accommodate a greater proportion of the growth it generates within its footprint and therefore it sets a target of at least 50% of all new homes for Dublin City and suburbs to be delivered within its existing built-up footprints. To achieve these targets the NPF identifies as key the reusing of large and small ‘brownfield’ land / infill sites, and underutilized lands at locations well served by existing and planning public transport. The NPF particularly highlights the need to focus on underutilised lands within the canals and the M50 ring. In a Dublin context it seeks the relocating of less intensive uses outside the M50 ring from the existing built up area. The Regional Spatial and Economic Strategy for the Eastern and Midlands Region seeks the consolidation and re-intensification of infill, brownfield and underutilised lands within Dublin City and its suburbs. 50% of all new homes within Dublin City and its suburbs are to be located in the existing built up area. The RSES identifies a population target increase for Dublin City (DCC’s administrative area) of circa 100,000 people by 2031. To facilitate this growth the RSES also includes a Metropolitan Area Strategic Plan (MASP) for the Dublin metropolitan area. MASP directs future growth to identified Strategic Development Areas located on existing and planned strategic transport corridors and anticipates future growth will also be accommodated on ‘brownfield’ / infill development lands in the City. Background Following a review of the City’s employment / industrial lands in 2018/9 - ‘Report No. 82/2019 ‘Update on Review of Industrial Lands (Z6/Z7) in the City’’ refers, the Planning Department identified, out of a total of 82 sites, a number of small, medium and largescale landbanks in the City with the potential to provide short, medium to long term housing / urban expansion solutions within the footprint of the city. Of these, 20 small to medium landbanks were identified to go forward for proposed rezoning by way of a Variation to the City Development Plan prior to the Development Plan Review which is to commence in Q4 2020. These 20 landbanks are deemed suitable for rezoning in principle to residential / mixed use / open space uses on the basis that they are centrally located, serviced, highly accessible and underutilized brownfield lands and an appropriate rezoning would have the potential to address localised issues of urban regeneration, urban blight, as well as meeting housing demand. The identified 20 sites also have the potential to be redeveloped in the short to medium term. The proposed rezonings are primarily residential / mixed use zonings. In some cases an open space zoning is proposed where the site is contiguous to watercourses / canals. The lands comprise a total of circa 55 hectares. Based on the density assumption of 100 units per hectare and also assuming that 50% of the mixed use component would be in residential use this 55 ha has the potential to provide for approximately 3-3,500 additional units (taking into account a number of the sites will have a mix of uses). A report updating the progress of the Industrial Land Study and proposing the variations in respect of the 20 landbanks was prepared by the Chief Executive and presented to Members at the November 2019 City Council Meeting. This report (No. 311/2019) was noted at the Council meeting. Section 2: Summary of Variation Proposals It is proposed to vary the Dublin City Development Plan 2016 – 2022 (proposed Variations No.’s 8 - 27) so that the lands which are currently zoned industrial uses (LUZ Objective Z6) are rezoned for primarily residential and mixed uses. The existing and proposed zoning, which went on public display and on which submissions were invited are set out in Table 1 below. From: Land Use Zoning Objective Z6 ‘To provide for the creation and protection of enterprise and facilitate opportunities for employment creation’, To: The relevant Proposed Land Use Zoning Objective(s) listed in Table 1 below. Land Use Zoning Objective Z1 ‘To protect, provide and improve residential amenities’ Land Use Zoning Objective Z3 ‘To provide for and improve neighbourhood facilities’ Land Use Zoning Objective Z5 ‘To consolidate and facilitate the development of the central area, and to identify, reinforce, strengthen and protect its civic design character and dignity’ Land Use Zoning Objective Z9 ‘To preserve, provide and improve recreational amenity and open space and green networks’ Land Use Zoning Objective Z10 ‘To consolidate and facilitate the development of inner city and inner suburban sites for mixed-uses, with residential the predominant use in suburban locations, and office /retail / residential the predominant uses in inner city areas. It should be noted that the Development Plan provides for a number uses which are generally permissible or open for consideration under each zoning. For example the Z1 zoning includes the following uses as generally permissible (subject to detailed assessment at planning application stage): childcare facilities, community and healthcare facilities, recreational and educational uses, local retail, local enterprise and training facilities. Table 1: List of Proposed Variations Placed on Public Display Proposed Map Subject Lands Current Zoning Variations Ref. No.8 A5 Clearwater Retail Park, Z6 (employment) Finglas Road, Dublin 11 No.9 B2 Santry Industrial Lands, Z6 (employment) Santry Avenue and Swords Road, Dublin 9 No.10 B7 Shanowen Road Lands, Z6 (employment) Whitehall/Santry, Dublin 9 No.11 B9 Mornington Business Park, Z6 (employment) Malahide Road, Dublin 5 No.12 B10 Sites at Malahide Road Z6 (employment) (adjacent to Mornington Grove), Malahide Road, Dublin 5 No.13 B11 Site at Harmonstown Road, Z6 (employment) Dublin 5 Chapelizod Bypass/Kylemore Z6 (employment) No.14 D1 Road, Dublin 20 11 Ballyfermot Road Lower, Z6 (employment) No.15 D3 Dublin 10 Z6 (employment) Goldenbridge Industrial No.16 D6 Estate, Tyrconnell Road, Dublin 8 No.17 E6 Esmond Avenue, Fairview Strand, Dublin 3 No.18 E7 Seville Place, Dublin 1 No.19 E12 No.20 E14 No.21 E35 No.22 E36 No.23 E37 No.24 E41 No.25 No.26 F2 G4 No.27 H1 Lands at Old Kilmainham/South Circular Road, Dublin 8 109-114 Cork Street, Dublin 8 Davitt Road, Crumlin, Dublin 12 Herberton Road / Keeper Road (Glenview Industrial Estate), Drimnagh, Dublin 12 White Heather Industrial Estate, Dublin 8 Parkgate Street / Wolfe Tone Quay, Dublin 8 East Wall Road, Dublin 3 Brickfield House and Sunshine Estate, Crumlin Road, Dublin 12 Greenmount Industrial Estate, Harolds Cross, Dublin 6W Z6 (employment) Z6 (employment) Z6 (employment) Z6 (employment) Z6 (employment) Proposed Zoning Z1 (Residential) Z1 (Residential) Z1 (Residential) Z1 (Residential) Z10 (Mixed Uses) & Z3 (Neighbourhood) Z10 (Mixed Uses) Z1 (Residential) Z1 (Residential) Z10 (Mixed Uses) & Z9 (Open Space) & Addition of Text to Section 14.8.9 Z1 (Residential) Z5 (City Centre) & Z9 (Open Space) Z1 (Residential) & Z9 (Open Space) Z10 (Mixed Uses) Z1 (Residential) Z6 (employment) Z1 (Residential) Z6 (employment) Z6 (employment) Z1 (Residential) & Z9 (Open Space) Z5 (City Centre) Z6 (employment) Z6 (employment) Z10 (Mixed Uses) Z1 (Residential) Z6 (employment) Z10 (Mixed Uses) & Z1 (Residential) In addition, it is also proposed to vary the CDP by adding the following text to section 14.8.9 of the Dublin City Development Plan 2016 – 2022, as a last text paragraph relating to LandUse Zoning Objective Z9 – Amenity/Open Space Lands/Green Network – Zone Z9, (Proposed Variation No. 16 refers). ‘Adjacent development shall be designed to complement the Z9 area and to provide passive surveillance. Any future amendment in the width of a Z9 area, which is considered to be minor in nature, will be considered in special circumstances where the proposal will benefit the character of the area and there is no net loss of Z9 land’. Section 3: Procedure Followed for Preparation of Variations & Public Consultation 3.1 Public Consultation Members of the public were invited to make submissions or observations regarding the proposed Variations. In accordance with the procedures set out in the Planning and Development Act 2000 (as amended), the proposed Variations were placed on public display from 29th November 2019 to January 8th 2020 (inclusive) and a public notice was published in the Irish Independent on Friday 28th November 2019. Following the preparation of a Strategic Flood Risk Assessment, a further public notice was published in the Irish Independent on the 8th January 2020 and the consultation period was extended up to and including Wednesday 22nd January 2020. Copies of the proposed Variations, together with their Strategic Flood Risk Assessments, SEA and AA screening reports, were made available for inspection at the Civic Offices, Wood Quay, Dublin 8 and on Citizen space (https://consultation.dublincity.ie/planning/proposed-Variationsno-8-27/) during the public display period. Details were also made available on the City Council’s website at www.dublincity.ie and were made available to view at each of the Council’s area offices and public libraries. The notices and copies of the proposed Variations were also sent to the Minister, the Office of the Planning Regulator, the Eastern and Midland Regional Assembly, adjoining planning authorities, the prescribed authorities and others in accordance with the provisions of Sections 13(2)(a) of the Planning and Development Act 2000 (as amended). 3.2 SEA Screening A Strategic Environmental Assessment (SEA) Screening Determination has been made by Dublin City Council regarding the proposed Variations (No’s 8-27) to the Dublin City Development Plan 2016 – 2022. The Planning Authority determined that the proposed Variations would not be likely to have significant effects on the environment, taking account of relevant criteria set out in Schedule 2A of the Planning and Development Regulations, 2001, as amended, and taking into account observations by the EPA dated 25th November 2019 and Inland Fisheries dated 21st November 2019. 3.3 AA Screening An Appropriate Assessment Screening was undertaken of the proposed Variations of the Dublin City Development Plan, in accordance with the requirements of Article 6(3) of the EU Habitats Directive (92/43/EEC) and EU Birds Directive (79/409/EEC). Each Stage 1 Screening determined that Appropriate Assessment of the proposed Variation (the draft Land use plan) was not required as the proposal, individually or in combination with other plans or projects, was not likely to have a significant effect on a European Site. On this basis, Dublin City Council as Competent Authority (in compliance with Part XAB of the Planning and Development Act 2000, as amended), and taking into account the observation from Inland Fisheries Ireland dated 21st November 2019, determined that an Appropriate Assessment of the proposed Variation was not required. 3.4 Strategic Flood Risk Assessment It is not considered necessary at this stage to proceed to a Stage 3 Flood Risk Assessment for the landbanks identified in Table 1 above. Development on any of the 20 no. landbanks will be assessed on their merits and will have to comply with the Strategic Flood Risk Assessment for the Dublin City Development Plan 2016-2022. The findings of this SFRA do not have implications for the Council’s Strategic Environmental Assessment (SEA) screening decision which forms part of the Proposed Variations 8 to 27 and therefore no significant changes are required to the SEA. The Appropriate Assessment (AA) screening is also unaffected. The SFRA prepared for these variations recommends that all developments shall have regard to the following:  Requirement to implement the flood management policies and objectives as set out in the Dublin City Development Plan 2016-2022 (see Chapter 9) and any guidance provided in the Strategic Flood Risk Assessment (Volume 7), and to implement the ‘Guidelines on the Planning System and Flood Risk Management’ (DoEHLG/OPW, 2009).  Any grant of planning permission will include a condition seeking the provision of a Site Specific Flood Risk Assessment (and where appropriate before development is granted planning permission).  Notwithstanding the identification of an area being at low risk of flooding, where Dublin City Council is of the opinion that flood risk may arise or new information has come to light that may alter the flood designation of the land, an appropriate flood risk assessment may be required to be submitted as part of a planning application. All planning applications shall be accompanied by a Storm-Water Management Plan.  All development proposals shall have regard to surface water management policies contained in the Greater Dublin Strategic Drainage Study, and Chapter 9 of the Dublin City Development Plan 2016-2022, and any information contained in the Strategic Flood Risk Assessment (Vol. 7, Chapter 4).  All development shall ensure the protection of water quality of existing water bodies and ground water sources, and retrofitting best practice SUDS techniques on existing sites where possible. LIST OF SUBMISSIONS RECEIVED Section 4: Submissions Received The following persons or bodies made submissions or observations during the public consultation. Submissions are listed in the order they were received and processed. All submissions are published on the Council consultation https://consultation.dublincity.ie/planning/proposed-variations-no-8-27/ webpage at: Table 2 – List of persons or bodies who made Submissions on the proposed Variations Submission No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Submission type An individual An organisation An individual An individual An individual An organisation An individual An individual An organisation An individual An individual An organisation An individual An individual An individual An individual An organisation An organisation An individual An individual An organisation An individual An individual An individual An individual An individual An individual An individual An individual An individual Name Ed O Flaherty Environmental Protection Agency Lynsey McKenna Sarah Fay Dennis Burke Omni Park Shopping Centre James McLaren Emer Thompson Eastern and Midland Regional Assembly Louise Leonard Jean Fleming David Clements (National Transport Authority) Kevin McBride Ian Croft Liam Joyce Linda Khublall Dwyer Nolan Developments Ltd. The Adroit Company Anthony Donovan Joseph Keogh OPW David Egan Shane McKiernan Daniel Farrelly Philip Lacey Arlene Hetherington Colm Sheehan Sean Lynch Maria Tobin Greg Hewson 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual Liam McGrath Liam McGrath Michael Daly Caroline Molloy Sean Creed John J Flanagan John Costello Jason Kernan Nancy Costello Rhonda Larkin Michael Brady Paddy Cullen Seán Costello Louise Lowry Frank Keoghan Fergus Keenan Thomas Pringle Glenda Pugh Daniel Brennan Thomas Fleming Jenny Fleming Jenny Fleming David Doyle Paul Cavanagh Lena Doherty Kevin O'Connell Roisin Hickey Siobhán Mitchell Kieran Mc Cann Vincent O Malley Des Barrett MELBIN PAUL Mary Maguire Adrienne Bermingham Veronica Foley Patricia Atkinson Caroline Ladrigan Olivia Dolan Catherine Doyle Michelle Rooney Paula Furlong Paula Furlong Chris McEvoy Tina Jones 75 76 77 78 79 An individual An individual An individual An individual An individual 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 An organisation An organisation An organisation An organisation An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual A group An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual Laura Robertson Jyothi Nair E Kinsella Noel Thorp Anne O' Rourke Thornton O'Connor for Alphabet ABC Properties Limited TII Irish Water Avison Young for U+I Plc Robert Olwill Aidan O Shea Gareth Donohoe Greg Donohoe Brian Nolan Kathleen berry Miriam Bowden Susan Mc Colgan Eimear Phelan Alan Pepper Garvin Harte Philip Coffey Laura McGlynn Edel Donohoe Mr Conor Keegan Lourda Kenny Trish Navan Stephen O'Shaughnessy Ciara McManus Woodlawn residents association Emma Greenhalgh Lynsey Curran Rachel Duffy Cllr Mary Callaghan Nicola Cooke Madeleine Murray Robert McElroy Christine Minto Aaron Hanlon Joanne Fagan Francis McPhillips Alan Gerrard Róisín Shortall TD Patricia Denehan 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 An organisation An individual A group An organisation An organisation An individual An individual An organisation An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual 139 140 141 142 143 144 145 146 147 An organisation An individual An individual An individual An individual An individual An individual An individual An individual 148 149 150 151 152 153 154 155 156 157 158 159 160 An organisation An organisation A group An individual An individual An individual An individual An individual An organisation An individual An individual An individual An individual Dublin Port Company Daniel Breen Betty O'Toole MKN Investments Limited Santry Community Assoc CLG Dolores Hanlon Christine Grange Oak View Residents' Association Paul Kelly Paul Kelly Colm McElroy Millie Larkin John F Nolan Marion Kelly Louise Doyle John Duff Omni District ResidentsAssociation Brendan McGill Karen McKenna Maria Meagher Karen McKenna Finglas South Combined Residents Association Hrefna Thorsdottir Séamus Daltún Leonie Mahon Caroline O'Brien Lucy McGill Kerry Lawless Mark Phillips Bernadette Carberry Doyle Kent Planning Partnership Ltd for Pat O'Donnell Dublin Chamber Greenfield Park Residents Association Patrick Cosgrave Joe Slater Paul Ruddell Declan Murphy Catriona Dennedy Addiction Response Crumlin Simon Ellis Amanda Dempsey Sarah Brady Brendan Chapman 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 An individual An individual An individual An individual An organisation An organisation An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An organisation An organisation An individual An individual An organisation An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual A group An individual An individual An individual An individual An individual An individual An individual An individual Deirdre Mackey Aileen Emerson Craig Jane Lynch CSR Ltd. for IDA Ireland Amanda Jones for Caltrck Ltd. a. judge derek judge Don Reilly C. Gregg Norah O'Reilly Irene Guilfoyle R Cowley Martina Stanford Brian Tobin Patrick Moran Ed Brophy Mr. Fergus Geddes Cllr. Pat Dunne Future Analytics for Elkstone Partners Future Analytics for Uniphar Group Plc Edward and France's OReilly Ken Behan CIE William McCarthy Sean Fitzpatrick Miriam Murphy Thomas Murphy Daniel Murphy Ann Marien Cannon Deirdre Byrne Thomas Byrne Paul Kelly Aisling Kelly M Somers Coolock Residents Association Don Reilly Paul Corcoran Sharon Murphy Keith O'Hanlon Liam Sweeney Eileen Sweeney Eithne Sweeney Adam Tattersall 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 An individual An individual An individual An individual An individual An organisation An individual An individual An individual An individual An organisation An organisation An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An organisation An organisation An individual An organisation An individual An individual An individual An individual An individual An individual 243 244 245 246 247 A group An individual An individual A group An individual Anne Sweeney Jan Lacey Joseph Lacey Derek Kirwan CMcGuirk Dublin Flea Market Vicki Gray Carolann Courntey S. Usher Denise McShannon Avison Young for Precision Construction Ltd Health and Safety Authority Des and Ance McMahon Niamh Karen Pappin Alison Byrne Deirdre Dwyer Zdravka Rezic Mary Havern Marian McNally Ali Lowndes Faye Mulhern Brian McGowan Eimear McEniff Maria Galligan Iseult Raftery Tara deeny Florena Keogh for the Keogh Family John Spain Associates for Development 8 Office of Public Works Will Gleeson Development 8 Geraldine Merrick Alan Mortell Ciara Quinn Lynn Caldwell robert carroll Thomas G Sheehan & Rose Mary Lynch Crekav Trading GP Limited / Marlet Property Group Joan Ellis Steven O' Riordan Royal Oak Residents Association Mark Fitzgerald 248 249 250 251 252 An individual An individual A group An individual An individual 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 A group An individual An individual An individual An individual An individual An organisation An individual An organisation An individual An organisation An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An individual An organisation An individual An organisation An individual An individual An organisation An organisation A group Donal O'Laoire Caroline Maloney Harold's Cross Village Community Council Claire Fitzpatrick Shane Byrne Santry Whitehall Combined Residents Associations John Fitzgerald Sean Higgins Cllr Alison Gilliland Mrs Julia Maloney Janet Murphy Omni & District Residents Association Jean Brophy Office of the Planning Regulator Anne O'Rourke Omni & District Residents Association Ann Crosby Bernadette Willam & Rita Bauer Michael McHugh Celine rickard Niamh Howlin Edward Bryce Jean Kilmurray James Kenny Anthony O’Gorman Peter Lowney Orla Flanagan Fingal County Council Noel Rock TD Crossfit Santry Caroline Maloney Karen McCabe Dept. of Education Dept. of Education Maryfield (Artane) Residents Association Section 5: Description of Submissions Received and Summary Table for each Variation of relevant submissions and issues raised A total of 283 no. Submissions regarding the proposed Variations were received by Dublin City Council during the consultation period. Submissions were received in respect to each of the proposed Variations. The Submissions have each been reviewed and the content has been summarised and taken into account with a Response of the Chief Executive given on the substantive points and Recommendations made in relation to each variation. In addition to the Submissions made by individuals and local groups, the Council received Submissions from the following Prescribed Authorities:            Office of the Planning Regulator - Submission No. 261 Eastern Midland Regional Authority – Submission No. 9 National Transport Authority – Submission No. 12 Office of Public Works – Submission No’s 21 and 234 Transport Infrastructure Ireland - Submission No. 81 Irish Water – Submission No. 82 Environmental Protection Agency – Submission No. 2 Industrial Development Authority – Submission No. 165 Health and Safety Authority – Submission No. 216 Fingal County Council – Submission No. 276 Department of Education – Submission No’s 281 and 282 The Submissions made by the Prescribed Authorities are generally supportive of the proposed zoning Variations, recognising their consistency with national and regional planning policy which advocates compact growth and urban consolidation in order to meet current and future demographic needs. Full details of the Submissions with respect to each proposed Variation is addressed in each individual variation report which are contained in Section 7 of this document. Section 6: Submissions from Prescribed Bodies and those that Require an Individual Response 6.1 Prescribed Bodies The Council received Submissions from the following Prescribed Authorities:            Office of the Planning Regulator - Submission No. 261 Eastern Midland Regional Authority – Submission No. 9 National Transport Authority – Submission No. 12 Office of Public Works – Submission No’s 21 and 234 Transport Infrastructure Ireland - Submission No. 81 Irish Water – Submission No. 82 Environmental Protection Agency – Submission No. 2 Industrial Development Authority – Submission No. 165 Health and Safety Authority – Submission No. 216 Fingal County Council – Submission No. 276 Department of Education – Submission No’s 281 and 282 6.2 Submissions that require individual consideration and Chief Executives Response to each Four Submissions were received within this category; (i) Office of the Planning Regulator (Submission No. 261), (ii) Eastern and Midland Regional Assembly (Submission no. 9, the National Transport Authority (Submission no. 12) and, (iv) the Environmental Protection Agency (Submission No. 2). The recommendations of the Chief Executive for each variation is contained in Section 7; which takes into account all of the submissions listed in this section. 6.2.1 Office of the Planning Regulator (Submission No. 261) Summary of the Submission: The OPR notes and endorses the rationale of the proposed Variations which relates to the renewal of well-serviced but underutilised brownfield lands located in proximity to public transport infrastructure for higher intensity uses, including residential uses. The OPR notes that the Variation is in accordance with national and regional planning policy and that by virtue of enabling more compact and sustainable urban development has the potential to have a positive impact in terms of climate action under section 10(2)(n) of the Planning and Development Act 2000, as amended. The OPR submission raises land specific points regarding a small number of individual variations, and these are identified and specifically addressed within Section 7 below for each variation subsection. Chief Executives Response The variations proposed are the outcome of a detailed study undertaken of industrially zoned lands, and seek to directly respond to the policies and objectives of the NPR, RSES and MASP, taking into account the NTA Strategy for the Greater Dublin Area. By taking this first step in promoting brownfield regeneration the Council is actively pursuing the sustainable development agenda of delivering housing proximate to need to achieve climate action goals. The Chief Executive welcomes the Submission of the OPR and the support given to the proposed Variations. Where the OPR has raised points regarding a specific variation, a response and recommendation in relation to those specific issues is addressed in Section 7 of this Report. Where no specific issue is raised, the general endorsement of the OPR for the variations proposed is agreed with, and the variations are recommended to the Members for making. 6.2.2 Eastern and Midland Regional Assembly (Submission no. 9) Summary of the Submission: EMRA welcomes the proposed Variations which provides for the consolidated growth of Dublin in accordance with the requirements of compact growth as set out in the National Planning Framework, the Regional Spatial and Economic Strategy and the Dublin Metropolitan Area Strategic Plan. EMRA supports the intensification of brownfield lands within the existing footprint of the city in accordance with brownfield development objectives - RPO’s 3.2 and 3.3 and 5.4 and 5.5 of the Regional Spatial and Economic Strategy. The proposed Variations have the potential to contribute to the accelerated housing delivery in the MASP. The submission does not raise any specific variation comments. Chief Executives Response The Chief Executive welcomes the submission by the EMRA and its support for the redevelopment of underutilized brownfields lands within the footprint of Dublin City. The general endorsement by EMRA for the variations proposed is agreed with by the Chief Executive, and the variations are recommended to the Members for making. 6.2.3 National Transport Authority (Submission no. 12) Summary of the Submission: The National Transport Authority (NTA) supports, in principle, the rezoning of the variation lands for medium to high density housing noting that such a change would enable the further consolidation of the city and facilitate the direction of population growth into locations served by public transport. The NTA considers that the proposed variations would also support the on-going investment in public transport infrastructure and services as part of the DART Expansion Programme, Metrolink, BusConnects, Greater Dublin Area Cycle Network Plan, and the further development of the Luas network. As such, the proposed variations are consistent with the NTA Transport Strategy. The NTA recommends that the variations are approved subject to the inclusion in the variations of a reference to the ‘Permeability Best Practice Guide’ which deals with cycling and walking connections. The NTA submission raises specific points regarding a small number of individual variations, and these are identified and specifically addressed within Section 7 below for each variation subsection. Chief Executives Response The Chief Executive welcomes the submission by the NTA and its categorical support for the proposed Variation. It is considered that Policy MT3, MT5, MTO5 and MT11 (which references ‘Permeability – a best practice guide’) in the Development Plan already address the points raised regarding additional text. No additional changes are proposed to the variations on foot of the points raised in this submission. Where the NTA has raised points regarding a specific variation, a response and recommendation in relation to those specific issues is addressed in Section 7 of this Report. Where no specific issue is raised, the general endorsement of the NTA for the variations proposed is agreed with, and the variations are recommended to the Members for making. 6.2.4 Environmental Protection Agency (Submission No. 2) Summary of the Submission The Environmental Protection Agency (EPA) advocate consistency with higher level plans/ programmes, infrastructure-led development and alignment with national commitments on climate change mitigation and adaption. The agency highlights the environmental and climate change policy context of the proposed Variation and provides guidance in respect to complying with European environmental legislation. It provides guidance on the procedures for carrying out an SEA Screening determination and complying with European environmental Directives and requests that consideration be given to green infrastructure, traffic management and invasive species. Chief Executives Response The Chief Executive welcomes the submission by the EPA and takes note of the policy context and guidance that the agency has provided. 6.3 Summary of General Issues Raised by Prescribed Bodies The Submissions made by the Prescribed Authorities are generally supportive of the proposed zoning Variations, recognising their consistency with national and regional planning policy which advocates compact growth and urban consolidation in order to meet current and future demographic needs. The Prescribed Authorities acknowledge the role of the Variations as a vehicle for implementing the National Planning Framework (NPF) and Regional Spatial Economic Strategy (RSES) at city level by making more efficient use of brownfield land proximate to high quality transport infrastructure, with some authorities raising specific issues and recommendations on points to be considered and addressed prior to the adoption of particular Variations. Key particular issues raised are summarised and addressed below. Principle of Rezoning to Housing/Mixed Use A number of State Bodies support and welcome the proposed rezoning of these landsThe Irish Industrial Authority (IDA), Transport Infrastructure Ireland (TII), the Dublin Chamber of Commerce (DCoC) and Fingal County Council (FCC), specifically support the principle of the rezoning of these lands in the context of delivering National Planning Framework (NPF) and Regional Spatial and Economic Strategy (RSES) objectives particularly relating to the delivery of more intensive, efficient and sustainable land use through urban compaction. The IDA highlights their support for the rezoning of well serviced/ underutilised brownfield sites which are centrally located and within walking distance of public transport nodes / stops / stations in order to facilitate increased housing and mixed uses. These institutions also support the need for increasing densities on such lands in order to meet housing demand, where applicable, while at the same time protecting local amenity, environment, heritage and quality of life aspects of the locality. Movement and Transport Transport Infrastructure Ireland (TII) supports the proposed rezoning of the variation lands on the basis of their close proximity to public transport (PT) infrastructure. Transport Infrastructure Ireland (TII) has indicated that the development of lands such as those proposed for variation, which lie directly adjacent to public transport stations, stops and interchanges should be subject to the use of masterplans in order to ensure enhanced access and integration whilst promoting sustainable modal choices. Where comments are made in relation to individual variations these are identified and addressed in Section 7. Services / Facilities / Social Infrastructure The Department of Education and Skills (DES) makes a general submission highlighting the requirement for regular structured engagement between DCC and DES to discuss the forthcoming Development Plan Review and also to ensure future growth is aligned with the adequate provision of enabling infrastructure (including schools). Where comments are made in relation to individual variations these are identified and addressed in Section 7. Irish Water (IW) make a submission stating it has no objection to the proposed variations. Flooding The Office of Public Works’ (OPW) submissions comment on the Strategic Flood Risk Assessment for Proposed Variations No.’s 8 to 27, The OPW advises that Flood Risk Management Plans as part of the Eastern CFRAM Study have been published since 2018 and that the SFRA for the Proposed Variations No.’s 8 to 27 needs to be updated to reflect this fact. Where comments are made in relation to individual variations, these are identified and addressed in Section 7. Health & Safety The Health and Safety Authority (HSA) set out the role and responsibilities of the agency in respect to land use planning and provide a list of current COMAH establishments in the area of Dublin City Council to allow cross-referencing with the proposed Variation. Where comments are made in relation to individual Variations these are identified and addressed in Section 7. Chief Executives Response to Prescribed Bodies who made General Comments on All Variations Principle of Rezoning to Housing/Mixed Use It is noted that the submissions fully endorse the compact development and brownfield renewal principles of the NPF and RSES and therefore support in principle the City Council in seeking to make the best use of its land and public monies to meet the City and the Region’s future growth projections, including those for housing demand. The comments in respect to the need to housing provision are noted and support the approach taken by the Council in seeking to promote sustainable development and regeneration of brownfield lands within the City, and endorse the proposal to vary the lands included in the variations. The Council has in place a number of policies and objectives contained within the City Development Plan addressing amenity and local services and will continue to ensure that new housing provision is complemented with appropriate scale and provision of key residential amenities as part of any new development of scale. Movement and Transport TIIs support of the rezoning of the lands on the basis of their close proximity to public transport (PT) infrastructure is noted. In respect to the other points raised, it is considered that issues around site-specific access constraints and traffic impact will be considered in the context of would be most appropriately addressed as part of the development management process. The comments of TII in respect of ensuring that lands located near / at public transport nodes are integrated with public transport to ensure greater modal choice for communities are noted. Objective MTO1 of the Dublin City Development Plan 2016 – 2022 seeks the preparation of plans for areas surrounding key transport nodes where appropriate in order to guide future sustainable development. It is considered that detailed master planning for the variation lands proposed in this Report are best addressed as part of the development management process due to the small scale and nature of the lands in question. Where comments are made in relation to individual variations these are identified and addressed in Section 7. Employment The purpose of the proposed Variations is to bring well serviced but underutilized employment (Z6) zoned brownfield lands into more productive, efficient and intensive use in accordance with National and Regional planning policy and to allow for a number of sites a more compatible zoning objective at the local level. It should also be noted that the proposed zoning change does not impact on the continuing use of the lands as they are and the zoning policy for both residential and mixed use is supportive of this. What the variation does provide for is that the intent of the lands is for regeneration for housing and/or mixed use; and that if the lands were, for any reason, to become vacant, that their redevelopment would not be focussed on new industrial uses or development. Services / Facilities / Social Infrastructure The Department of Education and Skills (DES) submission is noted as is the need for improved collaboration and shared research. The Planning Department is currently in the process of setting up a DCC / DES working group to progress school requirements for the City in the context of the Development Plan Review and school planning at the local level for the short / medium to long term. Flooding The comments of the OPW in respect of this proposed variation are noted. All proposals for development will be required to take into account the City Development SFRA, the site specific SFRA and the Eastern CFRAM Study with relevant Flood Risk Management Plans along with any updates on these since May 2018 (latest available information). Where comments are made in relation to individual variations these are identified and addressed in Section 7. Health & Safety The comments of the HSA are noted. All of the variation lands lie outside the consultation distance associated with the nearest COMAH sites, and therefore no change to the approach recommended is proposed as an outcome of this assessment. INDIVIDUAL VARIATIONS Section 7: Individual Variation Reports Each variation is addressed in this section in their numerical order. It should be noted that there are a number also of individual or organisational submissions, similar to the prescribed bodies, which have made submissions that are more generic in character and not focussed on any particular variation. As required by the legislation, they are all addressed within each variation proposed and are listed as having being considered for each one. As an indicator, approximately 20% can be characterised as being more broad and strategic in their comments rather than specifically focussing on an individual variations. For this section each individual variation report contains the following parts: 1. 2. 3. 4. 5. 6. 7. Listing of the zoning change proposed List of submission numbers relevant to the variation Description of the variation and SEA & AA Report Map of the Variation as published for the public display Summary of the Issues Raised by the Submissions not addressed in Section 6. Chief Executives Response Chief Executives Recommendation Please note that within each variation the numbering corresponds to the variation number, e.g. 8.2 = Variation 8, sub-section 2 on submissions. Proposed Variation No. 8 - Clearwater Retail Park, Finglas Road 8.1 Zoning Change Proposed: From: Zoning Objective Z6 – To provide for the creation and protection of enterprise and facilitate opportunities for employment creation. To: Zoning Objective Z1 – To protect, provide and improve residential amenities. 8.2 Submission Received (Reference No’s) Proposed Variation No.8 Subject Lands Submissions Made Clearwater Retail Park, Finglas Road, 19, 21, 25, 54, 55, 59, 70, 107, Dublin 11 111, 112, 116, 119, 135, 139, 145, 146, 149, 165, 170, 178, 185, 203, 218, 230, 233, 234, 236, 243, 261, 264, 270, 276, 281, 282 8.3 Proposed Variation Context & Environmental Assessment SITE LOCATION AND DESCRIPTION The Z6 lands (0.96 ha in total) are known as the Clearwater Retail Park and are located on the west side of the Finglas Road, north of (and adjacent to) the Finglas Clearwater Shopping Centre. The lands are served by the Finglas QBC (proposed Bus Connects). The site contains a large surface carpark with one large building located on these lands which is divided into three separate retail units - all three units are occupied, operational and functioning. There is also a garage structure on the lands. PURPOSE OF THE PROPOSED DRAFT VARIATION Given the low intensity nature of development on the lands (i.e. single storey buildings), it is considered that there is potential for additional development on the lands. In view of the residential character of the wider area and the adequate retail provision which already exists in the area, a change of zoning to residential would be considered appropriate. STRATEGIC ENVIRONMENTAL ASSESSMENT (AA) ASSESSMENT (SEA) AND APPROPRIATE Strategic Environmental Assessment The Planning Authority has determined that the proposed Variation would not be likely to have significant effects on the environment, taking account of relevant criteria set out in Schedule 2A of the Planning and Development Regulations, 2001, as amended, and taking into account observations by the EPA dated 25th November 2019 and Inland Fisheries dated 21st November 2019; Appropriate Assessment An Appropriate Assessment Screening was undertaken of the proposed variation of the Dublin City Development Plan, in accordance with the requirements of Article 6(3) of the EU Habitats Directive (92/43/EEC) and EU Birds Directive (79/409/EEC). The Stage 1 Screening determines that Appropriate Assessment of the proposed Variation (the draft Land use plan) is not required as the proposal, individually or in combination with other plans or projects, is not likely to have a significant effect on a European Site. On this basis, Dublin City Council as Competent Authority (in compliance with Part XAB of the Planning and Development Act 2000, as amended), has determined that an Appropriate Assessment of the proposed Variation is not required The observation from Inland Fisheries Ireland dated 21st November 2019 was taken into account. 8.4 Map of the Variation Sports Ground . r. . 13-? Maggi? Dublin City Council Development Plan 2016-2022 Clearwater Retail Park, Finglas Road, D11 Map Ref A5 Proposed Zonlng Site Boundary 21 C: Scale 122,5?) Area 8.5 Summary of All Other Submissions In addition to the submissions received from the Office of the Planning Regulator and from the Regional Assembly, National Transport Authority and Environmental Protection Agency, 34 no. other submissions where received in respect of this proposed Variation. As required by the Planning and Development Act, 2000, as amended, the response and recommendation made to the issues raised by the above mentioned agencies are outlined in the earlier section above, and should be read in conjunction with the following responses. The issues raised in all other submissions are grouped, as appropriate, under the umbrella headings listed below, with the Chief Executive’s Response in section 8.6 following this layout:        Principle of Rezoning to Z1 & Housing Provision Employment Services / Facilities / Social Infrastructure Movement and Transport Flooding Planning Safeguards Procedure / process / Windfall / CPO It should be noted that a number of the submissions are general in nature, addressing all 20 no. Variations and are not site specific. Principle of Rezoning to Z1 & Housing Provision A number of submissions received from State Bodies, organisations (including Dublin Chamber of Commerce) and individuals support and welcome the proposed rezoning of these lands to Land Use Zoning Objective Z1. (See also Section 6 of this Report). The IDA and Dublin Chamber together with some individual submissions highlight their support for the rezoning of well serviced/ underutilised brownfield sites which are centrally located and within walking distance of public transport nodes / stops / stations in order to facilitate increased housing and mixed uses. A minority of submissions received object in principle to the rezoning and feel that it is not required, with some putting forward alternate zonings and proposals for specific land uses. A number of individual submissions also raise the requirement for an integrated and holistic area plan to be prepared and in place before a decision is made in respect to rezoning of the lands. A number of submissions also raise concerns about high rise low standard apartment developments and the area being overprovisioned in terms of housing (particularly apartments), whilst advocating for a form of development which respects the existing character in their low-rise suburban neighbourhood. Employment Some submissions highlighted the need to balance the provision of new housing with the provision of employment in the area, with a number concerned that the proposed rezoning will put those employees/ companies / businesses operating on the site out of work and impact upon local residents who use their services. Services / Facilities / Social Infrastructure A number of submissions point to existing pressure on local amenities, such as a lack of sufficient school places and increasing antisocial behaviour, and to the requirement for additional public services and amenities to be provided following an amenity impact analysis. Movement and Transport A number of submission raise concerns regarding traffic access onto the Finglas Road and congestion regarding the site. Flooding The Office of Public Works’ (OPW) submission in respect of this Variation states that consideration of the risk of blockage at in-channel structures and an assessment and likely modelling to assess the impacts of daylighting the culvert should be carried out in advance of rezoning to assess the opportunities and risks of carrying out this work. The OPW advises that Flood Risk Management Plans as part of the Eastern CFRAM Study have been published since 2018 and that the SFRA for the Proposed Variations No.’s 8 to 27 needs to be updated to reflect this fact. Planning Safeguards A number of submissions raise queries in respect to the planning safeguards that apply in respect to the proposed Variation, seeking further consultation, and raise concerns as to what safeguards will apply to the future development of the lands if the rezoning is successful. Concerns in respect to the latter relate to the amenities which will be delivered, to high density high rise apartments which may impact on individual property values, to the nature of development management provisions/ restrictions that will apply to forthcoming development proposals and to the impact of national planning policy / role of public and local government in the Strategic Housing Development process. Procedure / Process / Windfall / CPO A number of individuals are concerned that the proposed rezoning will lead to significant increases in property value for developers and in response, advocate that a tax be placed on the increase in value generated or that the site be purchased by state to be used for education/ elderly /affordable accommodation. 8.6 Chief Executive’s Response The comments received supporting the proposed variation No. 8 (Clearwater Retail Park) are noted and welcomed. Principle of Rezoning to Z1 & Housing Provision It is noted that state bodies, Dublin Chamber and individuals fully endorse the compact development and brownfield renewal principles of the NPF and RSES and therefore support in principle the City Council in seeking to make the best use of its land to meet the City and regional future growth projections, including those for housing demand. Notwithstanding the generally positive response on this issue, the submissions which object to the proposed rezoning are also noted. In relation to a call for a local plan and concerns regarding the change of zoning, currently the Council is undertaking a wider study of the Finglas area which will address many of the issues raised regarding supporting local amenities and services, and also the most appropriate locations for growth of retail. It should be noted that the change of zoning does not require any change to the current uses, who can continue to operate and policies and objectives contained within the City Development Plan support this. The zoning allows for housing to be the preferred option if and when the sites did become available for redevelopment. Details in respect to the nature and extent of residential development that may be forthcoming on the site are addressed as part of the planning application process, if and when, the lands are brought forward for development. It should also be noted that the Strategic Housing Development (SHD) permission process will no longer be available within 2 years, and that for all SHDs when lodged with An Bord Pleanála, Dublin City Council prepares a detailed report assessing the application and the impact and also includes, where requested the comments and observations of the Elected Members. Employment The purpose of the proposed Variations is to bring these well serviced but underutilized employment (Z6) zoned brownfield lands into more productive, efficient and intensive use in accordance with National and Regional planning policy and, in order to allow for a more compatible zoning objective at the local level. It is noted that within 1.5km radius of the area are a large number of industrial and commercial areas that accommodate the type of uses currently in situ on the lands. It should also be noted that the proposed zoning change does not impact on the continuing use of the lands as they are. Services / Facilities / Social Infrastructure The comments of the IDA and others with respect to local amenities are noted, and as outlined above, the wider study will address the issues of local services and amenities. It is considered that the lands are generally already well serviced by existing infrastructure. Movement and Transport In respect to the points raised, it is considered that issues around site-specific access constraints and traffic impact will be considered and addressed in detail within the context of the development management process, where the exact nature and scale of any redevelopment is known. Flooding The comments of the OPW in respect of this proposed variation are noted. As part of any comprehensive redevelopment proposal for the lands a site specific flood risk assessment will be required which would include a flood risk assessment of opening up the adjacent Finglas Stream culvert. There are no current proposals to deculvert the stream at this location. As part of any comprehensive redevelopment proposal for the lands a site specific flood risk assessment will be required which would include a flood risk assessment of opening up the adjacent Finglas Stream culvert. As part of any development proposal for the lands pluvial risk is to be catered for by the development on site. As part of any development proposal for the lands pluvial risk is to be catered for by the development on site. All proposals for development will be required to take into account the City Development SFRA, the site specific SFRA and the Eastern CFRAM Study with relevant Flood Risk Management Plans along with any updates on these since May 2018 (latest available information). Planning Safeguards The proposed Variations is within the framework of the operational City Development Plan (CDP), which sets the city wide planning policy framework for all development within the city. The CDP outlines a range of planning policies, objectives and standards to safeguard the environment and to ensure that plans and projects facilitated by the CDP do not have the potential to result in significant or adverse impacts, with all development proposals being assessed against the policies and objectives of this plan. In addition, the planning application process (regardless of whether the application is made to a Local Authority or An Bord Pleanála) incorporates a mandatory public consultation period to allow the public to made submissions or observations on the development proposal. Procedure / Process / Windfall / CPO The lands proposed for rezoning are in private ownership. All lands within the city are zoned for a variety of purposes. The zoning land is a reserved function and responsibility of the Council. There are no proposals for compulsory purchase of this site as part of this variation process. There are currently 2 no. planning legislation-based mechanisms available to Dublin City Council to capture the benefit of value increases to land/property – Development Contribution levies and Part V (social housing) obligations. Both of these value capture mechanisms will be applied to the subject lands if they are brought forward for development through the planning process. 8.7 Chief Executives Recommendation Having regard to the submissions received and to the Chief Executive’s Response and Recommendations to the issues raised therein, it is recommended that the City Council adopt the Proposed Variation (No. 8) of the Dublin City Development Plan 2016-2022. Proposed Variation No. 9 - Santry Industrial Lands 9.1 Zoning Change Proposed: From: Zoning Objective Z6 – To provide for the creation and protection of enterprise and facilitate opportunities for employment creation. To: Zoning Objective Z1 – To protect, provide and improve residential amenities. 9.2 Submission Received (Reference No’s) Proposed Variation No.9 Subject Lands Submissions Made Santry Industrial Lands, Santry 3, 5, 6, 10, 12, 13, 14, 15, 17, 20, Avenue and Swords Road, Dublin 9 22, 23, 25, 26, 27, 29, 31, 33, 34, 35, 37, 38, 39, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 60, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 74, 75, 76, 77, 78, 79, 84, 85, 86, 87, 88, 89, 90, 91, 92, 95, 96, 97, 99, 100, 101, 102, 103, 105, 108, 109, 110, 114, 115, 116, 117, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 132, 133, 134, 135, 136, 137, 140, 141, 142, 143, 144, 146, 147, 149, 150, 152, 153, 154, 157, 158, 160, 165, 164, 165, 166, 167, 168, 169, 170, 172, 174, 175, 176, 178, 182, 183, 185, 186, 187, 188, 190, 191, 192, 193, 194, 195, 197, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 211, 215, 221, 229, 230, 232, 233, 234, 236, 237, 239, 242, 243, 244, 245, 246, 247, 249, 251, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 264, 265, 266, 267, 268, 270, 271, 273, 274, 276, 277, 278, 279, 280, 281, 282 9.3 Proposed Variation Context & Environmental Assessment SITE LOCATION AND DESCRIPTION The Z6 lands (10.89 ha in total) are located to the north of the Omni Shopping Centre and to the west of the Swords Road in Santry. The lands are well served by Dublin Bus. This Z6 land bank has frontage to both Santry Avenue to the north, the Swords Road to the east and is in close proximity to Santry Demesne Park. The northern boundary lies in close proximity to the administrative boundary with Fingal County Council. Santry Hall Industrial Estate and St John’s Court Office Park are located within these lands and are both accessed off the Swords Road. An IDA industrial site is located off Santry Avenue. Lands to the east of this Z6 land bank fronting onto the Swords Road are Zoned Z3 and Z4 (Neighbourhood Centre and District Centre). There are large areas of surface car parking and some lands are unused at present. PURPOSE OF THE PROPOSED DRAFT VARIATION These Z6 lands comprise a medium scale land bank characterised by low scale and low density development. The land bank contains some long established employment uses / retail uses, however, the land bank is also characterised by a level of vacancy and an appearance of dereliction. The lands are bounded by a neighbourhood centre / District Centre zoning and residential development. In view of the residential character of the wider area with the Omni shopping centre located to the south of the lands it is considered that a change of zoning to primarily residential use would be appropriate on these lands. STRATEGIC ENVIRONMENTAL ASSESSMENT (AA) ASSESSMENT (SEA) AND APPROPRIATE Strategic Environmental Assessment The Planning Authority has determined that the proposed Variation would not be likely to have significant effects on the environment, taking account of relevant criteria set out in Schedule 2A of the Planning and Development Regulations, 2001, as amended, and taking into account observations by the EPA dated 25th November 2019 and Inland Fisheries dated 21st November 2019; Appropriate Assessment An Appropriate Assessment Screening was undertaken of the proposed variation of the Dublin City Development Plan, in accordance with the requirements of Article 6(3) of the EU Habitats Directive (92/43/EEC) and EU Birds Directive (79/409/EEC). The Stage 1 Screening determines that Appropriate Assessment of the proposed Variation (the draft Land use plan) is not required as the proposal, individually or in combination with other plans or projects, is not likely to have a significant effect on a European Site. On this basis, Dublin City Council as Competent Authority (in compliance with Part XAB of the Planning and Development Act 2000, as amended) has determined that an Appropriate Assessment of the proposed Variation is not required. The observation from Inland Fisheries Ireland dated 21st November 2019 was taken into account. 9.4 Map of the Variation . A0. I antr . mast/w Eerat ii ?ii Dublin City Council Development Plan 2016-2022 Santry Industrial Lands, Santry Ave, and Swords Road, DQ Map Ref B2 Proposed Zoning Site Boundary 21 Scale 1250?) Area 10.892Hectares 9.5 Summary of All Other Submissions In addition to the submissions received from the Office of the Planning Regulator and from the Regional Assembly, National Transport Authority and Environmental Protection Agency, 196 no. other submissions where received in respect of this proposed Variation. As required by the Planning and Development Act, 2000, as amended, the response and recommendation made to the issues raised by the above mentioned agencies are outlined in the earlier section above, and should be read in conjunction with the following responses. The issues raised in all other submissions are grouped, as appropriate, under the umbrella headings listed below, with the Chief Executive’s Response in section 9.6 following this layout:      Principle of Rezoning to Z1 & Housing Provision Employment Services / Facilities / Social Infrastructure Movement and Transport Flooding It should be noted that a number of the submissions are general in nature, addressing all 20 no. variations and are not site specific. Principle of Rezoning to Z1 & Housing Provision A number of submissions received from State Bodies, organisations (including Dublin Chamber of Commerce) and individuals support and welcome the proposed rezoning of these lands to Land Use Zoning Objective Z1. (See also Section 6 of this Report). The IDA and Dublin Chamber together with some individual submissions highlight their support for the rezoning of well serviced/ underutilised brownfield sites which are centrally located and within walking distance of public transport nodes / stops / stations in order to facilitate increased housing and mixed uses. The IDA notes that a mixed use zoning could provide both residential and employment uses which will greatly enhance sustainable development in this location and provide a vital and vibrant community. The NTA recommends that the variation is approved subject to the inclusion in the variation of the need for a Masterplan including a transport assessment prior to planning. The majority of submissions received either object to or raise concerns in relation to the proposal with requests that no rezoning decisions be made until a Local Area Plan has been put in place or a new City Development Plan is adopted. Submissions also reference the need for a plan-led approach with requests also being made that an area plan be presented to local residents allowing for a better consultation process. A number of submissions express concerns that the area will be overdeveloped with no guarantee being provided around the type, height or density of any future residential accommodation. Submissions also reference concerns around potential overlooking, loss of privacy and impacts on existing property values, with the preference being made for housing instead of apartments in the area. There are also concerns raised around land value and potential windfall as a result of the rezoning. Submissions from landowners note the strategic location of the lands adjacent to existing services and transport allowing for the lands to be developed in a more coherent manner whilst also supporting existing economic activity in the adjacent shopping centre. Employment Some submissions express concerns that there needs to be provision in the area for existing local employment to avoid additional commuting. Furthermore, it is raised that the proposal would result in job losses in the local area and will impact on those using the existing services and business located within the land. Services / Facilities / Social Infrastructure The Department of Education and Skills (DES) highlights in its submission that Variations 9 and 10 together could potentially generate a significant educational requirement in Santry and as such an assessment would need to be taken on the capacity of existing schools. A number of submissions express concerns that the proposed variation will put additional pressure on existing services and infrastructure in the area including schools, crèches and GP services. Movement and Transport A number of submissions raise concerns that existing public transport and roads in the area are already congested and at capacity and that the proposed rezoning will add additional pressure with queries around whether an infrastructure/traffic assessment has been carried out as part of this process. Flooding The Office of Public Works’ (OPW) submission in respect of this variation states that it is for Dublin City Council to carry out an assessment to an appropriate level of detail to satisfy themselves that his site is not at risk from pluvial flooding. Fingal County Council (FCC) in supporting the proposed Variation identify that Variation No. 9 concerns lands which are located in close proximity to a significant tract of land within their administrative area. Noting the inconsequential flood impact on their lands, FCC support the overall strategy for the residential redevelopment of the lands as proposed on the basis that such a use would reflect the existing character and amenities of the area, surrounding landscape, heritage and environment, and would therefore improve the quality of life for the existing and future community. Concerns are raised in some submissions that the local area has existing flooding and drainage issues. 9.6 Chief Executive’s Response The supportive comments received in respect of the proposed variation No. 9 (Santry Industrial Lands) are noted and also the submissions received which raise concerns regarding growth, the importance of mixed use, and the pressures on movement. Following consideration of the key issues, specifically movement and education, and subsequent meetings with relevant stakeholders in this regard, the Council will commit to address the issues raised alongside the variation process. It is proposed that the Planning Department liaise with the Department of Education and Skills (DES) to undertake over the coming months a demand and future growth study both within the City area and from developments to the north in the Fingal County Council area, to identify in partnership with the DES future need and suitable sites (if necessary). It is also proposed to undertake this year a movement study in partnership with the NTA to examine at a local level the functioning of traffic and cycling capacity, including, inter alia; bus connects in the Santry area, addressing both Dublin City and Fingal County Council areas. The points raised about preserving a level of employment within the heart of Santry village in large redevelopment sites are accepted, and this will be considered as part of the review of the City Development Plan in a wider examination of land use for the Santry, Ballymun and Coolock areas. Details in respect to the nature and extent of residential development that may be forthcoming on the site are addressed as part of the planning application process, if and when, the lands are brought forward for development. It should also be noted that the Strategic Housing Development (SHD) permission process will no longer be available within 2 years, and that for all SHDs when lodged with An Bord Pleanála, Dublin City Council prepares a detailed report assessing the application and the impact and also includes, where requested the comments and observations of the Elected Members The comments of the OPW in respect of this proposed variation are noted. As part of any development proposal for the lands pluvial risk is to be catered for by the development on site. All proposals for development will be required to take into account the City Development SFRA, the SFRA for the Variation and the Eastern CFRAM Study with relevant Flood Risk Management Plans along with any updates on these since May 2018 (latest available information). 9.7 Chief Executives Recommendation Having regard to the submissions received and to the Chief Executive’s Response to the issues raised therein, it is recommended that the City Council adopt the Proposed Draft Variation No. 9 (Santry Industrial Lands) of the Dublin City Development Plan 2016-2022. Proposed Variation No. 10 – Shanowen Road Lands 10.1 Zoning Change Proposed: From: Zoning Objective Z6 – To provide for the creation and protection of enterprise and facilitate opportunities for employment creation. To: Zoning Objective Z1 – To protect, provide and improve residential amenities. 10.2 Submission Received (Reference No’s) Proposed Variation Subject Lands No.10 Shanowen Road Whitehall/Santry, Dublin 9 Submissions Made Lands, 3, 4, 5, 7, 10, 13, 14, 15, 16, 22, 23, 25, 26, 27, 29, 30, 32, 33, 34, 37, 38, 44, 46,47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 60, 61, 62, 63, 64, 65, 66, 67, 69, 70, 71, 74, 75, 76, 77, 78, 79, 84, 85, 86, 87, 88, 89, 90, 91, 92, 95, 96, 97, 98, 99, 100, 102, 105, 110, 115, 116, 117, 119, 120, 122, 125, 126, 127, 128, 129, 132, 133, 135, 136, 137, 140, 141, 142, 143, 144, 146, 147, 149, 150, 151, 152, 154, 157, 160, 164, 165, 167, 169, 170, 173, 174, 175, 176, 178, 183, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 198, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 211, 215, 221, 229, 232, 233, 234, 236, 237, 242, 243, 244, 245, 246, 247, 249, 251, 253, 254, 255, 256, 260, 261, 262, 263, 264, 265, 266, 267, 268, 270, 273, 274, 276, 277, 279, 281, 282 10.3 Proposed Variation Context & Environmental Assessment SITE LOCATION AND DESCRIPTION These Z6 lands (c.4.25ha) are located in the north east outer suburbs in Santry / Whitehall and are well served by Dublin Bus (Quality Bus Corridor on Swords Road). The Z6 zoned land is located on Shanowen Road, off the Swords Road, to the south of Omni Shopping Centre. Structures on the lands include 1 to 2 storey storage and office buildings with uses including Santry Garda Station, the Land Registry of Ireland’s central document storage warehouse and other public sector related offices and storage. The lands are surrounded by residential uses. The lands are within close proximity to the proposed Metrolink Station at Collins Avenue / Ballymun Road junction. PURPOSE OF THE PROPOSED DRAFT VARIATION These Z6 lands are located in a suburban residential location, well served by Dublin Bus. The Z6 lands are located in a well-established residential area. The Z6 lands are characterised by low scale development and large areas of car parking. The lands are therefore considered to be underutilized in terms of their potential to provide high quality and high density development in line with national and regional planning policy. To reflect the residential character of the wider area a change of use to Z1 (residential) would be appropriate at this location. STRATEGIC ENVIRONMENTAL ASSESSMENT (AA) ASSESSMENT (SEA) AND APPROPRIATE Strategic Environmental Assessment The Planning Authority has determined that the proposed Variation would not be likely to have significant effects on the environment, taking account of relevant criteria set out in Schedule 2A of the Planning and Development Regulations, 2001, as amended, and taking into account observations by the EPA dated 25th November 2019 and Inland Fisheries dated 21st November 2019; Appropriate Assessment An Appropriate Assessment Screening was undertaken of the proposed variation of the Dublin City Development Plan, in accordance with the requirements of Article 6(3) of the EU Habitats Directive (92/43/EEC) and EU Birds Directive (79/409/EEC). The Stage 1 Screening determines that Appropriate Assessment of the proposed Variation (the draft Land use plan) is not required as the proposal, individually or in combination with other plans or projects, is not likely to have a significant effect on a European Site. On this basis, Dublin City Council as Competent Authority (in compliance with Part XAB of the Planning and Development Act 2000, as amended) has determined that an Appropriate Assessment of the proposed Variation is not required. The observation from Inland Fisheries Ireland dated 21st November 2019 was taken into account. 10-4 Map Of the Variation .133, [In war(21:54! . r: 7577ml? .jj +1.4 Wm Evil} 1 Qv nglg-?J. 0? I I J. . ?v.54? ~21.?I.Irrl?fu. . - lit! a u' ix?upp ?A?j Dublin City Council Development Plan 2016-2022 Shanowen Road Lands, Whitehall/Santry,09 Map Ref 87 Proposed Zoning Site Boundary El 21 Scale 12.500 Area 4.257Hectanes 10.5 Summary of All Other Submissions In addition to the submissions received from the Office of the Planning Regulator and from the Regional Assembly, National Transport Authority and Environmental Protection Agency, 171 no. other submissions where received in respect of this proposed Variation. As required by the Planning and Development Act, 2000, as amended, the response and recommendation made to the issues raised by the above mentioned agencies are outlined in the earlier section above, and should be read in conjunction with the following responses. The issues raised in all other submissions are grouped, as appropriate, under the umbrella headings listed below, with the Chief Executive’s Response in section 10.6 following this layout:          Principle of Rezoning to Z1 Need for Plan / Masterplan for Area Housing Employment Services / Facilities / Social Infrastructure Movement and Transport Flooding Planning Safeguards Procedure / process / Windfall / CPO It should be noted that a number of the submissions are general in nature, addressing all 20 no. Variations and are not site specific. Principle of Rezoning to Z1 A number of submissions received from State Bodies and individuals support and welcome the proposed rezoning of these lands to Land Use Zoning Objective Z1 which is a zoning for residential land use. The Irish Industrial Authority (IDA), Transport Infrastructure Ireland (TII), the Dublin Chamber of Commerce (DCoC) and Fingal County Council (FCC), specifically support the principle of the rezoning of these lands in the context of delivering National Planning Framework (NPF) and Regional Spatial and Economic Strategy (RSES) objectives particularly relating to the delivery of more intensive, efficient and sustainable land use through urban compaction. The IDA and Dublin Chamber together with individual submissions highlight their support for the rezoning of well serviced/ underutilised brownfield sites which are centrally located and within walking distance of public transport nodes / stops / stations in order to facilitate increased housing and mixed uses. These submissions also support the need for increasing densities on such lands in order to meet housing demand, where applicable, while at the same time protecting local amenity, environment, heritage and quality of life aspects of the locality. Submissions from other groups and individuals also support the residential rezoning on the basis that it would better reflect residential character of the area. Need for Plan / Masterplan for Area Transport Infrastructure Ireland (TII) has indicated that the development of lands such as these, which lie directly adjacent to public transport stations/stops (light rail) should be subject to the use of masterplans in order to ensure enhanced access and integration whilst promoting sustainable modal choices. A number of individual submissions also raise the requirement for a new integrated and holistic area plan to be made and in place before a decision is made in respect to rezoning of the lands. Housing The Industrial Development Authority (IDA) support the principle of the rezoning of these lands in and recognise the need to provide additional housing opportunities. Whilst high quality homes would be welcomed in the area, a number of individual submissions query the typology, tenure, scale and density of the housing and nature of the communities that will be provided on the subject lands. Individual submissions also raise specific concerns about the monodelivery of high rise high density rental only apartment developments with the area being overprovisioned in terms of housing (particularly apartments). A small number of submissions note the correlation between social housing and anti-social behaviour and advocating for an affordable form of family home development which respects the existing character of their lowrise suburban neighbourhood. Employment Individual submissions highlight the need to retain and provide employment and services in the area, with a number querying whether employees will be redeployed or made redundant and raising concerns in respect to the displacement/ potential loss of businesses and employment opportunities in the area. Services / Facilities / Social Infrastructure The Department of Education and Skills (DES) makes a general submission highlighting the requirement for regular structured engagement between DCC and DES to discuss the forthcoming Development Plan Review and also to ensure future growth is aligned with the adequate provision of enabling infrastructure (including schools). The DES note that land area of Variation no. 10 is significant in size and on this basis, undertook an outline projection on the number of primary and post-primary school place that may be required if the lands are developed. Their projection found that together Variations 9 and 10 could potentially generate a significant educational requirement in Santry and noted that an assessment on the capacity of existing schools was required. Irish Water (IW) has no objection to the proposed variation. The remaining submissions highlight existing pressures on local amenities, such as a lack of sufficient GP care, electricity, school and crèche places, and the requirement for additional supporting amenities and services to be provided in tandem with, and in some instances, in place of housing. In this context, the submissions note that the loss of services and amenities on the subject lands (specifically the potential loss of Santry Garda Station) would have a detrimental impact on the local community and request that this impact be analysed further. Movement and Transport Transport Infrastructure Ireland (TII) supports the proposed rezoning of the subject lands on the basis of their close proximity to public transport (PT) infrastructure whilst submissions from individuals and groups raise issues in respect to the area’s current road capacity, traffic congestion and overloading of the existing public transport infrastructure and their effects on pedestrian and cyclist safety, in addition to concerns that the displacement of employment/ enterprise from the area will create more congestion and unsustainable commuting – ultimately arguing that no land should be rezoned until transport infrastructure has been improved and capacity increased. Flooding The Office of Public Works’ (OPW) submissions comment on the Strategic Flood Risk Assessment for Proposed Variations No.’s 8 to 27. In respect of this proposed Variation it states that it is for DCC to carry out an assessment to an appropriate level of detail (as per the guidelines) to satisfy themselves that that this site is not at risk from pluvial flooding. The OPW advises that Flood Risk Management Plans as part of the Eastern CFRAM Study have been published since 2018 and that the SFRA for the Proposed Variations No.’s 8 to 27 needs to be updated to reflect this fact. Other submissions note that the Santry River and Santry Stream both run underground at this location and raise issues in respect to local flooding during high rainfall events and the local drainage system contributing to dangerous and impassable roads. Planning Safeguards A number of submissions raise queries in respect to the planning safeguards that apply to the future development of the lands if the rezoning is successful, with both individuals and organisations concerned about how high density development will impact on residents property values if not executed properly. Many residents are worried about being inconvenienced by further development and argue the area is already sufficiently built up/ overpopulated, with multiple construction projects ongoing, and that further development leading to overcrowding. A number of individuals are concerned about potential impacts on their private residential amenity arising from overlooking, sunlight /daylight obstruction and increased noise and light pollution. Procedure / Process / Windfall / CPO Submissions made by both individuals and organisations raise issued with the variation process and procedure on the basis of its legal validity, overall transparency, public display and consultation, and division of Santry area between functional areas of Dublin City Council and Fingal County Council, with a general view that it is undemocratic to build high density units in mature established community. The submissions are also highly critical of the impact of recent Government policy (Section 28 Guidelines) and Strategic Housing Development system on the diminishing role for local authorities/ public in planning process. A number of individuals query whether the lands will be sold to a private developer, institution or developed by the Council and are concerned that the proposed rezoning will lead to significant increases in property value for developers and vulture funds. The submissions advocate that a tax be placed on the increase in value generated or that the site be purchased by state to be used for education or elderly/affordable accommodation and that any financial contributions generated by site development should be spent locally on infrastructure. 10.6 Chief Executive’s Response Principle of Rezoning to Z1 It is noted that state bodies, Dublin Chamber and individuals fully endorse the compact development and brownfield renewal principles of the NPF and RSES and therefore support in principle the city council in seeking to make the best use of its land and public monies to meet the city and regional future growth projections, including those for housing demand. Need for Plan / Masterplan for Area The comments of TII in respect of ensuring that lands located near / at public transport nodes are integrated with public transport to ensure greater modal choice for communities are noted. Objective MT01 of the Dublin City Development Plan 2016 – 2022 seeks the preparation of plans for areas surrounding key transport nodes where appropriate in order to guide future sustainable development. It is considered that such detailed masterplanning is best addressed as part of the development management process. It is noted that individual submissions raise the requirement for an area plan. Given the relatively small scale of the site, it is considered that an area plan would not be required. Housing The comments of the IDA in respect to the need to provide a range and quantum of housing are noted as are the comments of an individuals who note that the area is overprovisioned with housing and does not require further housing. The National Planning Framework (NPF) (Project Ireland 2040) requires Dublin city to accommodate a greater proportion of the growth it generates within its footprint and therefore sets a target of at least 50% of all new homes for Dublin City and suburbs to be delivered within its existing built-up footprints (which includes the Dublin 9 area). To achieve these targets, the NPF identifies as key the reusing of large and small ‘brownfield’ land / infill sites and underutilized lands at locations well served by existing and planning public transport – including the subject lands. Ensuring the vitality of Dublin City is dependent on providing affordable places to live and places to work within a reasonable distance of each other, to allow people a good quality of life and to ensure a sustainable pattern and low carbon form of development. The form of housing to be provided will be addressed in the development management process taking into account the policies and objectives of the City Development Plan and will be required to address the existing housing context in the design approach taken. Employment The purpose of the proposed Variations is to bring these well serviced but underutilized employment (Z6) zoned brownfield lands into more productive, efficient and intensive use in accordance with National and Regional planning policy and, in order to allow for a more compatible zoning objective at the local level. The majority of the lands in question at this location are not well utilised or catering for any significant level of employment. Employment at the Garda station will not be impacted by rezoning. Services / Facilities / Social Infrastructure The Department of Education and Skills (DES) submission is noted as is the need for improved collaboration and shared research. The Planning Department is currently in the process of setting up a DCC / DES working group to progress school requirements for the City in the context of the Development Plan Review and school planning at the local level for the short / medium to long term. The comments with respect to local amenities are noted and it is considered that the lands are already well serviced by existing infrastructure. Movement and Transport TIIs support of the rezoning of the lands on the basis of their close proximity to public transport (PT) infrastructure is noted. In respect to the other points raised, it is considered that issues such as traffic impact, road safety and mobility management would be most appropriately addressed as part of the development management process. It is also noted that the NTA Bus Connects project will result in improved services on the two adjacent bus corridors on Swords Road and Ballymun Road. As per the report on Variation 9, the Council is proposing to undertake a wider movement study for Santry. This study will take account of this site and make recommendations regarding movement improvements in the area. However, such a study is not considered to be an impediment to proceeding with the rezoning of this particular site as it is not required to create new through routes. Flooding The comments of the OPW in respect of this proposed variation are noted. As part of any development proposal for the lands pluvial risk is to be catered for by the development on site. All proposals for development will be required to take into account the City Development SFRA, the SFRA for the Variation and the Eastern CFRAM Study with relevant Flood Risk Management Plans along with any updates on these since May 2018 (latest available information). Any planning application on this small parcel of land will be required to prepare a detailed Site Specific Flood Risk Assessment as part of the planning application. Planning Safeguards The proposed Variation sits within the framework of the operational City Development Plan (CDP), which sets the city wide planning policy framework for all development within the city, with all development proposals being assessed against the policies and objectives of this plan during the planning application process. The CDP outlines a range of planning policies, objectives and standards to safeguard the environment and to ensure that plans and projects facilitated by the CDP do not have the potential to result in significant or adverse impacts. Procedure / Process / Windfall / CPO The lands proposed for rezoning are in public ownership. There are no proposals for compulsory purchase of this site by Dublin City Council as part of this variation process. There are currently 2 no. planning legislation-based mechanisms available to Dublin City Council to capture the benefit of value increases to land/property – Development Contribution levies and Part V (social housing) obligations. Both of these value capture mechanisms will be applied to the subject lands if they are brought forward for development through the planning process. 10.7 Chief Executives Recommendation Having regard to the submissions received and to the Chief Executive’s Response and Recommendations to the issues raised therein, it is recommended that the City Council adopt the Proposed Draft Variation (No. 10) of the Dublin City Development Plan 2016-2022. Proposed Variation No. 11 – Mornington Business Park 11.1 Zoning Change Proposed: From: Zoning Objective Z6 – To provide for the creation and protection of enterprise and facilitate opportunities or employment creation. To: Zoning Objective Z1 – To protect, provide and improve residential amenities. 11.2 Submission Received (Reference No’s) Proposed Variation Subject Lands No.11 Mornington Business Park, Malahide Road, Dublin 5 Submissions Made 54, 55, 93, 94, 119, 146, 149, 165, 170, 178, 185, 196, 203, 233, 234, 236, 243, 256, 261, 270, 276, 281, 282, 283 11.3 Proposed Variation Context & Environmental Assessment SITE LOCATION AND DESCRIPTION This report relates to Z6 lands measuring 0.9653 ha in total. The lands are located in the outer suburbs off the Kilmore Road in Artane and the lands are well served along the Malahide Road, by Dublin Bus. The lands are bounded on all sides by residential development. There is a parade of local shops to the south. The lands are accessed from Kilmore Road off the Malahide Road. The Z6 study area comprises a number of light industrial uses in one building. PURPOSE OF THE PROPOSED DRAFT VARIATION These Z6 lands comprise a small-scale employment land bank, surrounded by an established residential area. The lands are characterised by low scale and low-density development with a large area of surface car parking. Given its outer suburban location, the residential character of the area and the proximity of the lands to high frequency public transport; it is considered that there is potential to intensify development on these lands and provide new housing. It is considered that a change of land use zoning from Z6 (employment) to residential would be appropriate for these lands. STRATEGIC ENVIRONMENTAL ASSESSMENT (AA) ASSESSMENT (SEA) AND APPROPRIATE Strategic Environmental Assessment The Planning Authority has determined that the proposed Variation would not be likely to have significant effects on the environment, taking account of relevant criteria set out in Schedule 2A of the Planning and Development Regulations, 2001, as amended, and taking into account observations by the EPA dated 25th November 2019 and Inland Fisheries dated 21st November 2019; Appropriate Assessment An Appropriate Assessment Screening was undertaken of the proposed variation of the Dublin City Development Plan, in accordance with the requirements of Article 6(3) of the EU Habitats Directive (92/43/EEC) and EU Birds Directive (79/409/EEC). The Stage 1 Screening determines that Appropriate Assessment of the proposed Variation (the draft Land use plan) is not required as the proposal, individually or in combination with other plans or projects, is not likely to have a significant effect on a European Site. On this basis, Dublin City Council as Competent Authority (in compliance with Part XAB of the Planning and Development Act 2000, as amended), has determined that an Appropriate Assessment of the proposed Variation is not required The observation from Inland Fisheries Ireland dated 21st November 2019 was taken into account. 11.4 Map of the Variation 11.5 Summary of All Other Submissions and Chief Executives Response 24 no. submissions where received in total relating to this variation. As required by the Planning and Development Act (2000), as amended, the response and recommendation made to the issues raised by the Office of the Planning Regulator and those of the Regional Assembly and the National Transport Authority are outlined in Section 6 above, and should be read in conjunction with the following responses. The issues raised in all other submissions are grouped, as appropriate, under umbrella headings listed below and the Chief Executive’s Response and Recommendation on these issues are set out below:     Principle of rezoning to Z1 & Housing Provision Services / Facilities / Social Infrastructure Movement and Transport Flooding It should be noted that a number of the submissions are general in nature, addressing all 20 no. Variations and are not site specific. Principle of rezoning to Z1 & Housing Provision A number of submissions received from State Bodies, organisations (including Dublin Chamber of Commerce) and individuals alike, support and welcome the proposed rezoning. (See also Section 6). The IDA and Dublin Chamber and individual submissions highlight their support for the rezoning of well serviced, brownfield, centrally located lands, within walking distance of public transport nodes / stops / stations in order to facilitate increased housing and mixed uses. In relation to this site, the IDA stresses the importance and potential for achieving a higher density in this location. Submissions received from local residents express concerns that the area will be overdeveloped with no guarantee being provided around the type, height or density of any future residential accommodation which could also lead to overlooking, loss of privacy with potential impacts on existing property values. Concerns are raised that the loss of Mornington Business Park would have a negative impact on the community as it is currently a great source of local employment. Furthermore, that the proposed rezoning will put additional pressure on existing services and infrastructure in the area. Movement and Transport Local residents express concerns that existing public transport and roads in the area are already congested and at capacity and that the proposed rezoning will add additional pressure. Local residents query whether an infrastructure/traffic assessment has been carried out as part of this process. Flooding The Office of Public Works’ (OPW) submissions comments on the Strategic Flood Risk Assessment for Proposed Variations No.’s 8 to 27. In respect of this proposed Variation the OPW advises that Flood Risk Management Plans as part of the Eastern CFRAM Study have been published since 2018 and that the SFRA for the Proposed Variations No.’s 8 to 27 need to be updated to reflect this fact. In respect of this proposed Variation it states that it is for DCC to carry out an assessment to an appropriate level of detail (as per the guidelines) to satisfy themselves that that this site is not at risk from pluvial flooding 11.6 Chief Executive’s Response Principle of Rezoning to Z1 & Housing Provision It is noted that state bodies, Dublin Chamber and individuals fully endorse the compact development and brownfield renewal principles of the NPF and RSES and therefore support in principle the City Council in seeking to make the best use of brownfield land to meet the city’s and region’s future growth, including housing demand. The lands in question are considered infill in character and would not require a separate local plan. Issues of form, access and movement can be fully addressed through the development management process and the relevant policies and objectives of the City Development Plan. The National Planning Framework (NPF) sets a target of at least 50% of all new homes for Dublin City and suburbs to be delivered within its existing built-up footprints. This site has potential to provide new housing within an established area which is well served by transport and community facilities. It should be noted that the zoning change does not impact on the continuing use of the lands as they are. The zoning policy for residential in the City Development Plan is supportive of this. What the variation does provide for is that the intent of the lands is for regeneration for housing and/or mixed use; and that if the lands were, for any reason, to become vacant, that their redevelopment would not be focussed on new industrial uses or development. Movement and Transport In respect to the points raised, it is considered that issues such as traffic impact, road safety and mobility management would be most appropriately addressed as part of the development management process, taking into account the size and scale of the lands in question. Flooding The comments of the OPW in respect of this proposed variation are noted. As part of any development proposal for the lands pluvial risk is to be catered for by the development on site. All FRA’s for development proposals will be required to take into account the City Development SFRA, the SFRA for the Variation and the Eastern CFRAM Study with relevant Flood Risk Management Plans along with any updates on these since May 2018 (latest available information). 11.7 Recommendation to City Council: Having regard to the submissions received and to the Chief Executive’s Response and Recommendations to the issues raised therein, it is recommended that the City Council adopt the Proposed Variation No. 11 (Mornington Business Park) of the Dublin City Development Plan 2016-2022. Proposed Variation No. 12 - Malahide Road (adjacent to Mornington Grove) 12.1 Zoning Change Proposed: From: Zoning Objective Z6 – To provide for the creation and protection of enterprise and facilitate opportunities for employment creation. To: Zoning Objective Z10 – To consolidate and facilitate the development of inner city and inner suburban sites for mixed-uses, with residential the predominant use in suburban locations, and office/retail/residential the predominant uses in inner city areas. To: Zoning Objective Z3 – To provide for and improve neighbourhood facilities. 12.2 Submission Received (Reference No’s) Proposed Variation Subject Lands No.12 Submissions Made Sites at Malahide Road (adjacent to 36, 55, 93, 94, 104, 119, 146, Mornington Grove), Malahide Road, 149, 165, 170, 178, 196, 203, Dublin 5 233, 234, 236, 243, 256, 261, 270, 276, 281, 282, 283 12.3 Proposed Variation Context & Environmental Assessment SITE LOCATION AND DESCRIPTION This report relates to 2 no. Z6 land banks measuring 1.2495 ha in total. The lands are located in the outer suburbs on the Malahide Road in Artane. The lands are bounded by the Malahide Road which runs parallel to the lands. Mornington Grove to the north, is a cul de sac residential development. The lands comprise a parade of local shops with a filling station to the south and a bank to the north east. The variation lands contain an area with of a number of actively used local shops and services with apartments above including a filling station and bank. PURPOSE OF THE PROPOSED DRAFT VARIATION These Z6 lands are characterised by their outer suburban location (Malahide Rd). They are well served by Dublin Bus and are located in proximity to Harmonstown Dart Station. The Z6 lands comprise low scale / actively used uses including local shops, a filling Station, a bank and a medical centre bounded by residential uses. The land use is characterised by low scale / intensity of development. To reflect the residential character of the wider area and to support more intensive development close to transport corridors, a change of zoning from employment uses to mixed uses (including residential) would be appropriate at this location. A strip of Z3 zoning (neighbourhood facilities) is proposed on the north east corner of the lands in order to protect the existing neighbourhood related uses in situ. STRATEGIC ENVIRONMENTAL ASSESSMENT (AA) ASSESSMENT (SEA) AND APPROPRIATE Strategic Environmental Assessment The Planning Authority has determined that the proposed Variation would not be likely to have significant effects on the environment, taking account of relevant criteria set out in Schedule 2A of the Planning and Development Regulations, 2001, as amended, and taking into account observations by the EPA dated 25th November 2019 and Inland Fisheries dated 21st November 2019. Appropriate Assessment An Appropriate Assessment Screening was undertaken of the proposed variation of the Dublin City Development Plan, in accordance with the requirements of Article 6(3) of the EU Habitats Directive (92/43/EEC) and EU Birds Directive (79/409/EEC). The Stage 1 Screening determines that Appropriate Assessment of the proposed Variation (the draft Land use plan) is not required as the proposal, individually or in combination with other plans or projects, is not likely to have a significant effect on a European Site. On this basis, Dublin City Council as Competent Authority (in compliance with Part XAB of the Planning and Development Act 2000, as amended), has determined that an Appropriate Assessment of the proposed Variation is not required. The observation from Inland Fisheries Ireland dated 21st November 2019 was taken into account. 12.4 Map of the Variation Sites at Malahide Road (adjacent to Mornington Grove) D11 Site Boundary El 23 - Area 0.150Hectares Scale 12.500 210 - Area 1.099Hectares 12.5 Summary of All Other Submissions In addition to the submissions received from the Office of the Planning Regulator and from the Regional Assembly, National Transport Authority and Environmental Protection Agency, 24 no. other submissions where received in respect of this proposed Variation. As required by the Planning and Development Act, 2000, as amended, the response and recommendation made to the issues raised by the above mentioned agencies are outlined in the earlier section above, and should be read in conjunction with the following responses. The issues raised in all other submissions are grouped, as appropriate, under the umbrella headings listed below and the Chief Executive’s Response and Recommendation on these issues are set out:           Principle of rezoning to Z3 and Z10 Need for Plan / Masterplan for Area Housing Employment Services / Facilities / Social Infrastructure Movement and Transport Flooding Health & Safety Planning Safeguards Procedure / Process It should be noted that a number of the submissions are general in nature, addressing all 20 no. Variations and are not site specific. Principle of rezoning to Z3 and Z10 A number of submissions received from State Bodies and individuals support and welcome the proposed rezoning of these lands to Land Use Zoning Objective Z3 (neighbourhood use) and Z10 (mixed use). The Irish Industrial Authority (IDA), Transport Infrastructure Ireland (TII), the Dublin Chamber of Commerce (DCoC) and Fingal County Council (FCC), specifically support the principle of the rezoning of these lands in the context of delivering National Planning Framework (NPF) and Regional Spatial and Economic Strategy (RSES) objectives particularly relating to the delivery of more intensive, efficient and sustainable land use through urban compaction. The IDA and Dublin Chamber together with individual submissions highlight their support for the rezoning of well serviced/ underutilised brownfield sites which are centrally located and within walking distance of public transport nodes / stops / stations in order to facilitate increased housing and mixed uses. These institutions also support the need for increasing densities on such lands in order to meet housing demand, where applicable, while at the same time protecting local amenity, environment, heritage and quality of life aspects of the locality. Need for Plan / Masterplan for Area Transport Infrastructure Ireland (TII) has indicated that the development of lands such as these, which lie directly adjacent to public transport stations/stops (light rail) should be subject to the use of masterplans in order to ensure enhanced access and integration whilst promoting sustainable modal choices. A number of individual submissions also raise the requirement for a new integrated and holistic area plan to be made and in place before a decision is made in respect to rezoning of the lands with some submissions noting that the area is already sufficiently built up, with multiple construction projects ongoing, and is currently overpopulated. Housing The Industrial Development Authority (IDA) support the principle of the rezoning of these lands in and recognise the need to provide a range and quantum of additional housing opportunities. An individual submission notes that Artane is almost overprovisioned in terms of residential and does not require more housing. Employment Individual submissions highlight the need to balance the provision of new housing with an improvement in neighbourhood facilities and the retention / provision of employment and services in the area, with a number concerned that the proposed rezoning will displace companies / businesses / employment, lead to a loss of local services and create unsustainable commuting patterns. Services / Facilities / Social Infrastructure Irish Water (IW) has no objection to the proposed variation. The Department of Education and Skills (DES) makes a general submission highlighting the requirement for regular structured engagement between DCC and DES to discuss the forthcoming Development Plan Review and also to ensure future growth is aligned with the adequate provision of enabling infrastructure (including schools). The Department has no specific comments in respect of this proposed Variation. The remaining submissions highlight existing pressures on local amenities, such as a lack of sufficient school and crèche places, and the requirement for additional supporting amenities and services (restaurants/ cafes/ bars/ sports facilities) to be provided in tandem with, and in some instances, in place of housing. In this context, the submissions note that the loss of services and amenities on the subject lands would have a detrimental impact on the local community. Movement and Transport Transport Infrastructure Ireland (TII) supports the proposed rezoning of the subject lands on the basis of their close proximity to public transport (PT) infrastructure whilst individual submissions raise issues in respect to the area’s current road traffic congestion and capacity issues which affect pedestrian and cyclist safety, in addition to concerns that the displacement of employment/ enterprise from the area will create more congestion and unsustainable commuting. Flooding The Office of Public Works’ (OPW) submissions comment on the on the Strategic Flood Risk Assessment for Proposed Variations No.’s 8 to 27. In respect of this proposed Variation it states that it is for DCC to carry out an assessment to an appropriate level of detail (as per the guidelines) to satisfy themselves that that this site is not at risk from pluvial flooding. The OPW advises that Flood Risk Management Plans as part of the Eastern CFRAM Study have been published since 2018 and that the SFRA for the Proposed Variations No.’s 8 to 27 needs to be updated to reflect this fact. Health & Safety The Health and Safety Authority (HSA) set out the role and responsibilities of the agency in respect to land use planning and provide a list of current COMAH establishments in the area of Dublin City Council to allow cross-referencing with the proposed Variations. The nearest COMAH sites are at Dublin Port. Planning Safeguards A number of submissions raise queries in respect to the planning safeguards that apply to the future development of the lands if the rezoning is successful, with a number of individuals concerned about potential impacts on their private residential amenity arising from overlooking and sunlight /daylight obstruction. Procedure / Process A number of submissions raise grievances with the variation procedure, on the basis that it is perceived to be undemocratic, it failed to disclose the evidence-base for the proposed rezoning during public consultation and no information was provided as to whether Dublin City Council collaborated or consulted with other Local Authorities. 12.6 Chief Executive’s Response The comments received supporting the proposed variation No. 12 (Malahide Road) are noted and welcomed. Principle of rezoning to Z3 and Z10 It is noted that state bodies, Dublin Chamber and individuals fully endorse the compact development and brownfield renewal principles of the NPF and RSES and therefore support in principle the city council in seeking to make the best use of its land and public monies to meet the city’s’ and regions’ future growth, including housing demand. Need for Plan / Masterplan for Area The comments of TII in respect of ensuring that lands located near / at public transport nodes are integrated with public transport to ensure greater modal choice for communities are noted. Objective MT01 of the Dublin City Development Plan 2016 – 2022 seeks the preparation of plans for areas surrounding key transport nodes where appropriate in order to guide future sustainable development. It is noted that individual submissions raise the requirement for an area plan. Given the relatively small scale of the site, it is considered that an area plan would not be required but that issues of layout, open space, access and overlooking are best addressed in the development management process. Housing The comments of the IDA in respect to the need to provide a range and quantum of housing are noted. There are concerns raised that Artane is overprovisioned with housing and does not require further housing. The National Planning Framework (NPF) (Project Ireland 2040) requires Dublin city to accommodate a greater proportion of the growth it generates within its footprint and therefore sets a target of at least 50% of all new homes for Dublin City and suburbs to be delivered within its existing built-up footprints (which includes Artane and the wider Dublin 5 area). To achieve these targets, the NPF identifies as key the reusing of large and small ‘brownfield’ land / infill sites and underutilized lands at locations well served by existing and planning public transport – including the subject lands. Employment The purpose of the proposed Variations is to bring these well serviced but underutilized employment (Z6) zoned brownfield lands into more productive, efficient and intensive use in accordance with National and Regional planning policy and, in order to allow for a more compatible zoning objective at the local level. Ensuring the vitality of Dublin City is dependent on providing affordable places to live and places to work within a reasonable distance of each other, to allow people a good quality of life and to ensure a sustainable pattern and low carbon form of development. The mixed use zoning allows for both employment and residential to be provided on this site and makes sustainable use of a site that is currently in low density use. Services / Facilities / Social Infrastructure The Department of Education and Skills (DES) submission is noted as is the need for improved collaboration and shared research. The Planning Department is currently in the process of setting up a DCC / DES working group to progress school requirements for the City in the context of the Development Plan Review and school planning at the local level for the short / medium to long term. It is noted that Irish Water (IW) has no objection to the proposed variation. The comments with respect to local amenities are noted and it is considered that the lands are already well serviced by existing infrastructure. Movement and Transport TIIs support of the rezoning of the lands on the basis of their close proximity to public transport (PT) infrastructure is noted. In respect to the other points raised, it is considered that issues such as traffic impact, road safety and mobility management would be most appropriately addressed as part of the development management process. Flooding The comments of the OPW in respect of this proposed variation are noted – specifically those in relation to pluvial flooding. All FRA’s for development proposals will be required to take into account the City Development SFRA, the SFRA for the Variation and the Eastern CFRAM Study with relevant Flood Risk Management Plans along with any updates on these since May 2018 (latest available information). Any planning application on this small parcel of land will be required to prepare a detailed Site Specific Flood Risk Assessment as part of the planning application. Health & Safety The comments of the HAS are noted. The lands the subject of this proposed variation lie outside the consultation distance associated with the nearest COMAH sites which are located at Dublin Port. Planning Safeguards The proposed Variation is within the framework of the operational City Development Plan (CDP), which sets the city wide planning policy framework for all development within the city, with all development proposals being assessed against the policies and objectives of this plan during the planning application process. The CDP outlines a range of planning policies, objectives and standards to safeguard residential amenity and the environment. Procedure / Process The proposed Variations followed the required procedure set out in the planning legislation. Submissions and observations were invited from members of the public during the designated consultation period and full details of the rationale for each of the proposed rezonings were provided in the documentation that was published. 12.7 Chief Executives Recommendation Having regard to the submissions received and to the Chief Executive’s Response and Recommendations to the issues raised therein, it is recommended that the City Council adopt the Proposed Variation (No. 12) of the Dublin City Development Plan 2016-2022. Proposed Variation No. 13 – Harmonstown Road 13.1 Zoning Change Proposed: From: Zoning Objective Z6 – To provide for the creation and protection of enterprise and facilitate opportunities for employment creation. To: Zoning Objective Z10 – To consolidate and facilitate the development of inner city and inner suburban sites for mixed-uses, with residential the predominant use in suburban locations, and office/retail/residential the predominant uses in inner city areas. 13.2 Submission Received (Reference No’s) Proposed Variation Subject Lands No.13 Site at Harmonstown Road, Dublin 5 Submissions Made 12, 24, 40, 41, 73, 104, 106, 113, 119, 146, 149, 155, 159, 161, 162, 163, 165, 170, 178, 196, 203, 233, 234, 236, 243, 256, 261, 270, 272, 275, 276, 281, 282 13.3 Proposed Variation Context & Environmental Assessment SITE LOCATION AND DESCRIPTION This Z6 land bank is located in the outer suburbs in Harmonstown and measures 2.6624ha. The area is well served by Dublin Bus and is approximately 100m from the Harmonstown Dart Station. The land bank is set within a well-established residential area comprising of two storey semi-detached and terraced dwellings. The uses within the land bank consist of retail, suppliers, community uses, motor sales, car wash and service uses. The uses are low intensity, with large areas of surface car parking. PURPOSE OF THE PROPOSED DRAFT VARIATION The Z6 lands are located at an outer suburban location, beside Harmonstown DART station. The predominant uses on the lands are retail, community, commercial and light industry. The land use is characterised by low scale / intensity of development. To reflect the residential character of the wider area and to support more intensive development within close proximity of a DART station, a change of zoning from employment uses to mixed uses (including residential) would be appropriate at this location. STRATEGIC ENVIRONMENTAL ASSESSMENT (AA) ASSESSMENT (SEA) AND APPROPRIATE Strategic Environmental Assessment The Planning Authority has determined that the proposed Variation would not be likely to have significant effects on the environment, taking account of relevant criteria set out in Schedule 2A of the Planning and Development Regulations, 2001, as amended, and taking into account observations by the EPA dated 25th November 2019 and Inland Fisheries dated 21st November 2019; Appropriate Assessment An Appropriate Assessment Screening was undertaken of the proposed variation of the Dublin City Development Plan, in accordance with the requirements of Article 6(3) of the EU Habitats Directive (92/43/EEC) and EU Birds Directive (79/409/EEC). The Stage 1 Screening determines that Appropriate Assessment of the proposed Variation (the draft Land use plan) is not required as the proposal, individually or in combination with other plans or projects, is not likely to have a significant effect on a European Site. On this basis, Dublin City Council as Competent Authority (in compliance with Part XAB of the Planning and Development Act 2000, as amended), has determined that an Appropriate Assessment of the proposed Variation is not required. The observation from Inland Fisheries Ireland dated 21st November 2019 was taken into account. 13.4 Map of the Variation KC) Dublin City Council Development Plan 2016-2022 Site at Harmonstown Road, D5 Map Ref 311 Proposed Zoning Site Boundary Z10 - Scale 12500 Area 2.662Hectares 13.5 Summary of All Other Submissions In addition to the submissions received from the Office of the Planning Regulator and from the Regional Assembly, National Transport Authority and Environmental Protection Agency, 33 no. other submissions where received in respect of this proposed Variation. As required by the Planning and Development Act, 2000, as amended, the response and recommendation made to the issues raised by the above mentioned agencies are outlined in the earlier section above, and should be read in conjunction with the following responses. The issues raised in all other submissions are grouped, as appropriate, under the umbrella headings listed below, with the Chief Executive’s Response in section 13.6 following this layout:      Principle of Rezoning to Z10 & Housing Provision Employment Services / Facilities / Social Infrastructure Movement and Transport Flooding It should be noted that a number of the submissions are general in nature, addressing all 20 no. Variations and are not site specific. Principle of Rezoning to Z10 A number of submissions received from State Bodies, organisations (including Dublin Chamber of Commerce) and individuals support and welcome the proposed rezoning of these lands to Land Use Zoning Objective Z10. (See also Section 6 of this Report). The IDA and Dublin Chamber together with some individual submissions highlight their support for the rezoning of well serviced/ underutilised brownfield sites which are centrally located and within walking distance of public transport nodes / stops / stations in order to facilitate increased housing and mixed uses. In relation to this site, the IDA supports the proposed variation and recognises the need to provide a range and quantum of housing opportunities and therefore welcomes the proposed amendments in principle. The NTA recommends that the variation is approved subject to the inclusion in the variation of the need for a Masterplan including a transport assessment prior to planning. A number of submissions express concerns that the area will be overdeveloped with no guarantee being provided around the type, height or density of any future residential accommodation which could also lead to overlooking, loss of privacy with potential impacts on existing property values. Employment Submissions raise concerns the rezoning will result in the loss of employment along with the services currently on the lands from the area. Services / Facilities / Social Infrastructure Concerns are also noted in some submissions that the proposed rezoning will put additional pressure on existing services and infrastructure in the area which area considered to be at capacity. Movement and Transport Some submissions raise concerns that the proposed rezoning will put additional pressure on existing public transport and roads in the area which area considered to be at capacity with issues around existing commuters using local roads for parking resulting in congestion. The NTA recommends the inclusion in the variation of text seeking that development will fully integrate with the adjacent railway station. Flooding The Office of Public Works’ (OPW) submission in respect of this variation states that it is for Dublin City Council to carry out an assessment to an appropriate level of detail to satisfy themselves that his site is not at risk from pluvial flooding. Some submissions express concerns around existing issues with flooding on the Harmonstown Road and associated footpaths in heavy rain. 13.6 Chief Executive’s Response Principle of Rezoning to Z10 & Housing Provision It is noted that state bodies, Dublin Chamber and individuals fully endorse the compact development and brownfield renewal principles of the NPF and RSES and therefore support in principle the City Council in seeking to make the best use of its land to meet the City and regional future growth projections, including those for housing demand. Notwithstanding the generally positive response on this issue, there are submissions which object to the proposed rezoning. In relation to a call for a local plan and concerns regarding the change of zoning, the lands in question are considered infill in character and would not require a separate local area plan. Issues of form, access and movement can be fully addressed through the development management process and the relevant policies and objectives of the City Development Plan. The National Planning Framework (NPF) sets a target of at least 50% of all new homes for Dublin City and suburbs to be delivered within its existing built-up footprints. This site has potential to provide new housing within an established area which is well served by transport and community facilities. Employment The purpose of the proposed Variations is to bring these well serviced but underutilized employment (Z6) zoned brownfield lands into more productive, efficient and intensive use in accordance with National and Regional planning policy and, in order to allow for a more compatible zoning objective at the local level. It should be noted that the change of zoning does not require any change to the current uses, who can continue to operate and policies and objectives contained within the City Development Plan support this. Services / Facilities / Social Infrastructure The comments of the IDA and others with respect to local amenities are noted, and as outlined above, the wider study will address the issues of local services and amenities. It is considered that the lands are generally already well serviced by existing infrastructure. Movement and Transport In respect to the other points raised, it is considered that issues such as traffic impact, road safety and mobility management would be most appropriately addressed as part of the development management process, where the exact nature and scale of any redevelopment is known. Flooding The comments of the OPW in respect of this proposed variation are noted. As part of any development proposal for the lands pluvial risk is to be catered for by the development on site. All proposals for development will be required to take into account the City Development SFRA, the site specific SFRA and the Eastern CFRAM Study with relevant Flood Risk Management Plans along with any updates on these since May 2018 (latest available information). 13.7 Chief Executives Recommendation Having regard to the submissions received and to the Chief Executive’s Response and Recommendations to the issues raised therein, it is recommended that the City Council adopt the Proposed Variation No. 13 (Harmonstown Road) of the Dublin City Development Plan 2016-2022. Proposed Variation No. 14 - Chapelizod Bypass / Kylemore Road 14.1 Zoning Change Proposed: From: Zoning Objective Z6 – To provide for the creation and protection of enterprise and facilitate opportunities for employment creation. To: Zoning Objective Z1 – To protect, provide and improve residential amenities. 14.2 Submission Received (Reference No’s) Proposed Variation Subject Lands No.14 Chapelizod Bypass/Kylemore Road, Dublin 20 Submissions Made 119, 146, 148, 149, 165, 170, 178, 181, 203, 233, 234, 236, 243, 261, 276, 281, 282 14.3 Proposed Variation Context & Environmental Assessment SITE LOCATION AND DESCRIPTION This report relates to Z6 lands measuring 3.57ha in total. The lands are located in the outer suburban part of the city at Chapelizod / Ballyfermot. The lands are well served by Dublin Bus (Lucan - City Centre’ Quality Bus Corridor and along Kylemore Road). The lands are bound the Chapelizod bypass to the north and east. To the west is GaelsDrumfinn Avenue Park and the CDETB Ballyfermot Training Centre is to the south of the Z6 lands. The lands are accessed off the Kylemore Road. There is easy access from the lands to the M50 / N4 junction. The Z6 study area comprises primarily of light industrial, pharmaceutical and warehousing uses, and contain a large unused site on the larger portion. PURPOSE OF THE PROPOSED DRAFT VARIATION These Z6 lands comprise a small scale employment land bank located in the outer suburbs. The lands benefit from access to high frequency bus services and potentially from a future Luas Extension to Lucan (final alignment to be decided). The lands are characterised by low scale development with large areas of surface car parking. Given the lands outer suburban location and the current low density commercial uses and the proximity to high frequency public transport; it is recommended the Z6 zoning is no longer appropriate in this area and the area reviewed be re-zoned to Z1 which provides for residential. STRATEGIC ENVIRONMENTAL ASSESSMENT (AA) ASSESSMENT (SEA) AND APPROPRIATE Strategic Environmental Assessment The Planning Authority has determined that the proposed Variation would not be likely to have significant effects on the environment, taking account of relevant criteria set out in Schedule 2A of the Planning and Development Regulations, 2001, as amended, and taking into account observations by the EPA dated 25th November 2019 and Inland Fisheries dated 21st November 2019; Appropriate Assessment An Appropriate Assessment Screening was undertaken of the proposed variation of the Dublin City Development Plan, in accordance with the requirements of Article 6(3) of the EU Habitats Directive (92/43/EEC) and EU Birds Directive (79/409/EEC). The Stage 1 Screening determines that Appropriate Assessment of the proposed Variation (the draft Land use plan) is not required as the proposal, individually or in combination with other plans or projects, is not likely to have a significant effect on a European Site. On this basis, Dublin City Council as Competent Authority (in compliance with Part XAB of the Planning and Development Act 2000, as amended), has determined that an Appropriate Assessment of the proposed Variation is not required. The observation from Inland Fisheries Ireland dated 21st November 2019 was taken into account. 14.4 Map of the Variation ?19:7 .427 Dublin City Council Development Plan 2016-2022 Chapelizod Bypass I Kylemore Road, 020 Map Ref D1 Pmpoeed Zonlng Site Boundary 21 Scale 1:2.500 Area 3.572Hectares 14.5 Summary of All Other Submissions In addition to the submissions received from the Office of the Planning Regulator and from the Regional Assembly, National Transport Authority and Environmental Protection Agency, 17 no. other submissions where received in respect of this proposed Variation. As required by the Planning and Development Act, 2000, as amended, the response and recommendation made to the issues raised by the above mentioned agencies are outlined in the earlier section above, and should be read in conjunction with the following responses. The issues raised in all other submissions are grouped, as appropriate, under the umbrella headings listed below, with the Chief Executive’s Response in section 14.6 following this layout:       Principle of rezoning to Z1 & Housing Provision Employment Services / Facilities / Social Infrastructure Flooding Health & Safety Planning Safeguards It should be noted that a number of the submissions are general in nature, addressing all 20 no. Variations and are not site specific. Principle of Rezoning to Z1 & Housing Provision A number of submissions received from State Bodies and individuals support and welcome the proposed rezoning of these lands to Land Use Zoning Objective Z1, which is a zoning for residential land use, with a part landowner willing to bring the lands forward for residential development immediately. (See also Section 6 of this Report) The IDA and Dublin Chamber together with individual submissions highlight their support for the rezoning of well serviced/ underutilised brownfield sites which are centrally located and within walking distance of public transport nodes / stops / stations in order to facilitate increased housing and mixed uses. The IDA submission specifically notes that, given the sites’ location and adjacency to a significant road and planned high frequency public transport ‘Bus Connects’ corridor, a its retention as Z6 or rezoning to Z10 may be more appropriate. Submissions from other groups and individuals (including a part landowner) note that the proposed rezoning does not balance need for residential development with need to retain a full range of important economic activity/ employment and that the lands are not well placed for residential use. A number of submissions also raise the requirement for a new area plan to be made and in place before a decision is made in respect to rezoning of the lands. A number of submissions highlight existing pressure on local amenities, such as a lack of sufficient school places, and the need for an amenity impact analysis to be carried out. Employment Some of the submissions received highlight the need to protect existing good quality jobs in an area which has relatively high levels of unemployment. Services / Facilities / Social Infrastructure The Department of Education and Skills (DES) makes a general submission highlighting the requirement for regular structured engagement between DCC and DES to discuss the forthcoming Development Plan Review and also to ensure future growth is aligned with the adequate provision of enabling infrastructure (including schools). In relation to the subject lands, the DES note that the land area of Variation no. 14 is significant in size and on this basis, undertook an outline projection on the number of primary and post-primary school place that may be required if the lands are developed. Their projection found that the proposed Variation did not have the potential to generate a comparatively significant educational requirement in the local area. Irish Water (IW) has no objection to the proposed variation. Other submissions highlight existing pressure on local amenities, such as a lack of sufficient school places, and the need for an amenity impact analysis to be carried out. Flooding The Office of Public Works’ (OPW) submissions comment on the Strategic Flood Risk Assessment for Proposed Variations No.’s 8 to 27. In respect of this proposed Variation it states that it is for DCC to carry out an assessment to an appropriate level of detail (as per the guidelines) to satisfy themselves that that this site is not at risk from pluvial flooding. The OPW advises that Flood Risk Management Plans as part of the Eastern CFRAM Study have been published since 2018 and that the SFRA for the Proposed Variations No.’s 8 to 27 needs to be updated to reflect this fact. Health & Safety The Health and Safety Authority (HSA) set out the role and responsibilities of the agency in respect to land use planning and provide a list of current COMAH establishments in the area of Dublin City Council to allow cross-referencing with the proposed Variations. The nearest COMAH site is located off the Naas Road. Planning Safeguards A number of submissions raise queries in respect to the planning safeguards that apply to the future development of the lands if the rezoning is successful, with both individuals and organisations concerned about how high density development will impact on residents property values if not executed properly and the potential for residential development to prejudice the continued operation of a landowner’s business on site 14.6 Chief Executive’s Response to the Issues Raised by the Submissions Received Principle of rezoning to Z1 and Housing Provision It is noted that state bodies, Dublin Chamber and a number of individuals fully endorse the compact development and brownfield renewal principles of the NPF and RSES and therefore support in principle the City Council in seeking to make the best use of a limited resource meet the city and regional future growth projections, including those for housing demand. The concerns raised in respect to the proposed rezoning are noted and the longstanding and existing commercial use a portion of the lands is acknowledged. It is considered that the proposed zoning will not prejudice the continued operation of existing businesses on the lands and that issues in respect to land use compatibility / the continuing operational requirements of the existing uses on site would be most appropriately dealt with in the context of the development management process where options such as buffer zones and appropriate uses can be included in any redevelopment. The detail of what is required is best addressed within the development management process. It is further considered that the lands are well placed in terms of servicing and infrastructure, located close to a range of local services and transport, and that their residential zoning would make the most sustainable use of a large area of land that is currently vacant. Considering the location and nature of the lands, it is not considered that a local area plan is warranted. The comments with respect to local amenities are noted and it is considered that the lands are well serviced by existing infrastructure and a local amenities, and any particular constraints can be address directly through dialogue with the agency relevant, such as the DES. Need for Plan / Masterplan for Area The comments of TII in respect of ensuring that lands located near / at public transport nodes are integrated with public transport (light rail) to ensure greater modal choice for communities are noted. Objective MT01 of the Dublin City Development Plan 2016 – 2022 seeks the preparation of plans for areas surrounding key transport nodes where appropriate in order to guide future sustainable development. It is noted that individual submissions raise the requirement for an area plan. Given the relatively small scale of the site, it is considered that an area plan would not be required. Employment The purpose of the proposed Variations is to bring these well serviced but underutilized employment (Z6) zoned brownfield lands into more productive, efficient and intensive use in accordance with National and Regional planning policy and, in order to allow for a more compatible zoning objective at the local level. It is noted that, in part of the site, there is an existing use, with a submission from the owner objecting to the proposed variation. It should be noted that the zoning change does not impact on the continuing use of the lands as they are. The zoning policy for residential in the City Development Plan is supportive of this. What the variation does provide for is that the intent of the lands is for regeneration for housing and/or mixed use; and that if the lands were, for any reason, to become vacant, that their redevelopment would not be focussed on new industrial uses or development. Flooding The comments of the OPW in respect of this proposed variation are noted – specifically those in relation to pluvial flooding. All FRA’s for development proposals will be required to take into account the City Development SFRA, the SFRA for the Variation and the Eastern CFRAM Study with relevant Flood Risk Management Plans along with any updates on these since May 2018 (latest available information). Any planning application on this small parcel of land will be required to prepare a detailed Site Specific Flood Risk Assessment as part of the planning application. Planning Safeguards The proposed Variation sits within the framework of the operational City Development Plan (CDP), which sets the city wide planning policy framework for all development within the city, with all development proposals being assessed against the policies and objectives of this plan during the planning application process. The CDP outlines a range of planning policies, objectives and standards to safeguard residential amenity and the environment. 14.7 Recommendation to City Council: Having regard to the submissions received and to the Chief Executive’s Response and Recommendations to the issues raised therein, it is recommended that the City Council adopt the Proposed Variation (No. 14) of the Dublin City Development Plan 2016-2022. Proposed Variation No. 15 – 11 Ballyfermot Road Lower 15.1 Zoning Change Proposed: From: Zoning Objective Z6 – To provide for the creation and protection of enterprise and facilitate opportunities for employment creation. To: Zoning Objective Z1 – To protect, provide and improve residential amenities. 15.2 Submission Received (Reference No’s) Proposed Variation Subject Lands No.15 11 Ballyfermot Road Lower, Dublin 10 Submissions Made 119, 146, 149, 165, 170, 178, 203, 233, 234, 236, 243, 261, 276, 281, 282 15.3 Proposed Variation Context & Environmental Assessment SITE LOCATION AND DESCRIPTION This report relates Z6 lands measuring 0.168ha. The lands are located in Ballyfermot in the outer suburban part of the city. The site is currently unoccupied. The lands are well served by Dublin Bus (Lucan - City Centre’ Quality Bus Corridor and along Ballyfermot Road). The lands are accessed from the Ballyfermot Road to the south with the Chapelizod bypass located to the north and the De La Salle school to the west. The lands are surrounded by residential development. The site is bounded by palisade fencing along the Ballyfermot Road. The Z6 study area comprises an existing vacant site previously used as a fuel (coal and timber) yard. PURPOSE OF THE PROPOSED DRAFT VARIATION Given the lands outer suburban location, the pattern of residential development in proximity and the proximity of the lands to high frequency public transport; it is recommended the Z6 zoning is no longer appropriate in this area and the area reviewed be re-zoned to Z1 which provides for residential development. STRATEGIC ENVIRONMENTAL ASSESSMENT (AA) ASSESSMENT (SEA) AND APPROPRIATE Strategic Environmental Assessment The Planning Authority has determined that the proposed Variation would not be likely to have significant effects on the environment, taking account of relevant criteria set out in Schedule 2A of the Planning and Development Regulations, 2001, as amended, and taking into account observations by the EPA dated 25th November 2019 and Inland Fisheries dated 21st November 2019; Appropriate Assessment An Appropriate Assessment Screening was undertaken of the proposed variation of the Dublin City Development Plan, in accordance with the requirements of Article 6(3) of the EU Habitats Directive (92/43/EEC) and EU Birds Directive (79/409/EEC). The Stage 1 Screening determines that Appropriate Assessment of the proposed Variation (the draft Land use plan) is not required as the proposal, individually or in combination with other plans or projects, is not likely to have a significant effect on a European Site. On this basis, Dublin City Council as Competent Authority (in compliance with Part XAB of the Planning and Development Act 2000, as amended), has determined that an Appropriate Assessment of the proposed Variation is not required. The observation from Inland Fisheries Ireland dated 21st November 2019 was taken into account. 15.4 Map of the Variation AW x! \va/ A Dublin City Council Development Plan 2011-2017 No.11 Ballyfermot Road Lower, D10 Map Ref D3 Proposed Zoning Site Boundary 21 Scale 1 52500 Area 0.168Hectares 15.5 Summary of All Other Submissions In addition to the submissions received from the Office of the Planning Regulator and from the Regional Assembly, National Transport Authority and Environmental Protection Agency, 15 no. other submissions where received in respect of this proposed Variation. As required by the Planning and Development Act, 2000, as amended, the response and recommendation made to the issues raised by the above mentioned agencies are outlined in the earlier section above, and should be read in conjunction with the following responses. The issues raised in all other submissions are grouped, as appropriate, under the umbrella headings listed below, with the Chief Executive’s Response in section 15.6 following this layout:   Principle of Rezoning to Z1 & Housing Provision Flooding It should be noted that a number of the submissions are general in nature, addressing all 20 no. Variations and are not site specific. Principle of Rezoning to Z1 & Housing Provision A number of submissions received from State Bodies, organisations (including Dublin Chamber of Commerce) and individuals support and welcome the proposed rezoning of these lands to Land Use Zoning Objective Z1. (See also Section 6 of this Report). The IDA and Dublin Chamber together with some individual submissions highlight their support for the rezoning of well serviced/ underutilised brownfield sites which are centrally located and within walking distance of public transport nodes / stops / stations in order to facilitate increased housing and mixed uses. In relation to this site, the IDA stresses the importance and potential for achieving a higher density in this location. A minority of submissions received object in principle to the rezoning and feel that it is not required, with some putting forward alternate zonings and proposals for specific land uses. Flooding The Office of Public Works’ (OPW) Submissions comment on the Strategic Flood Risk Assessment for Proposed Variations No.’s 8 to 27. In respect of this proposed Variation it states that it is for DCC to carry out an assessment to an appropriate level of detail (as per the guidelines) to satisfy themselves that that this site is not at risk from pluvial flooding. 15.6 Chief Executive’s Response Principle of Rezoning to Z1 & Housing Provision It is noted that state bodies, Dublin Chamber and individuals fully endorse the compact development and brownfield renewal principles of the NPF and RSES and therefore support in principle the City Council in seeking to make the best use of its land to meet the City and regional future growth projections, including those for housing demand. Notwithstanding the generally positive response on this issue, there are submissions which object to the proposed rezoning. In relation to a call for a local plan and concerns regarding the change of zoning, it should be noted that the change of zoning does not require any change to the current uses, which can continue to operate and policies and objectives contained within the City Development Plan support this. The proposed zoning allows for housing to be the preferred option if and when the sites become available for redevelopment. Flooding The comments of the OPW in respect of this proposed variation are noted. As part of any development proposal for the lands pluvial risk is to be catered for by the development on site. All FRA’s for development proposals will be required to take into account the City Development SFRA, the SFRA for the Variation and the Eastern CFRAM Study with relevant Flood Risk Management Plans along with any updates on these since May 2018 (latest available information). 15.7 Chief Executives Recommendation Having regard to the submissions received and to the Chief Executive’s Response and Recommendations to the issues raised therein, it is recommended that the City Council adopt the Proposed Variation No. 15 (11 Ballyfermot Road Lower) of the Dublin City Development Plan 2016-2022. Proposed Variation No. 16 - Goldenbridge Industrial Estate 16.1 Zoning Change Proposed: From: Zoning Objective Z6 – To provide for the creation and protection of enterprise and facilitate opportunities for employment creation. To: Zoning Objective Z10 – To consolidate and facilitate the development of inner city and inner suburban sites for mixed-uses, with residential the predominant use in suburban locations, and office/retail/residential the predominant uses in inner city areas. To: Zoning Objective Z9 – To preserve, provide and improve recreational amenity and open space and green networks. It is also proposed to add the following text to section 14.8.9 of the Dublin City Development Plan 2016 – 2022, as a last text paragraph relating to Land-Use Zoning Objective Z9 – Amenity/Open Space Lands/Green Network – Zone Z9. “Adjacent development shall be designed to complement the Z9 area and to provide passive surveillance. Any future amendment in the width of a Z9 area, which is considered to be minor in nature, will be considered in special circumstances where the proposal will benefit the character of the area and there is no net loss of Z9 land“. 16.2 Submission Received (Reference No’s) Proposed Variation Subject Lands No.16 Goldenbridge Industrial Tyrconnell Road, Dublin 8 Estate, Submissions Made 1, 12, 21, 119, 146, 149, 165, 170, 177, 178, 210, 212, 213, 214, 219, 220, 222, 223, 224, 225, 226, 230, 233, 234, 236, 240, 243, 252, 261, 276, 281, 282 16.3 Proposed Variation Context & Environmental Assessment SITE LOCATION AND DESCRIPTION This Z6 land bank measures 4.2959 HA and is located in the inner suburbs within approx. 400m of the Blackhorse Luas Stop. Vehicular and pedestrian access is via Tyrconnell Road. The land bank comprises - Units within Goldenbridge Industrial Estate 2 no. blocks on Oblete View (mixed use residential and commercial) Kermoor House. Uses are mixed and include a house of worship, warehousing, food suppliers, training centres, light industry, garages, factory shops, recreational, childcare and commercial. PURPOSE OF THE PROPOSED DRAFT VARIATION This is an inner suburban location in Inchicore served by Dublin Bus and in close proximity to the Blackhorse Luas stop. The lands characterised by low volume of use with a noticeable level of vacancy amongst existing units. The units in operation serve a certain level of functionality and include uses such as light industry, community, warehousing, residential and offices. Planning history demonstrates an existing pressure on these lands to shift away from historical uses towards office, retail and residential. It is considered appropriate to rezone these lands to a mixed use zoning (with residential the predominant use) to encourage better use of lands. A strip of Z9 (Open Space) zoning is proposed through these lands where they abut the Camac River. This will ensure that the setting of the Camac is protected and to improve the quality of public open space and allow for an appropriate setback for future development, which will benefit from overlooking a green/blue corridor. STRATEGIC ENVIRONMENTAL ASSESSMENT (AA) ASSESSMENT (SEA) AND APPROPRIATE Strategic Environmental Assessment The Planning Authority has determined that the proposed Variation would not be likely to have significant effects on the environment, taking account of relevant criteria set out in Schedule 2A of the Planning and Development Regulations, 2001, as amended, and taking into account observations by the EPA dated 25th November 2019 and Inland Fisheries dated 21st November 2019; Appropriate Assessment An Appropriate Assessment Screening was undertaken of the proposed variation of the Dublin City Development Plan, in accordance with the requirements of Article 6(3) of the EU Habitats Directive (92/43/EEC) and EU Birds Directive (79/409/EEC). The Stage 1 Screening determines that Appropriate Assessment of the proposed Variation (the draft Land use plan) is not required as the proposal, individually or in combination with other plans or projects, is not likely to have a significant effect on a European Site. On this basis, Dublin City Council as Competent Authority (in compliance with Part XAB of the Planning and Development Act 2000, as amended), has determined that an Appropriate Assessment of the proposed Variation is not required. The observation from Inland Fisheries Ireland dated 21st November 2019 was taken into account. 16.4 Map of the Variation .. - . - . a . v? oubiin City Council Dovelopment Plan 2016-2022 Industrial Estate. Tyroonnell Road, 08 Map Ref 06 Proposed Zoning Site Boundary 210- Area 3.905Hectares Scale 122.600 29 Area 0.391Hoctaroa 16.5 Summary of All Other Submissions In addition to the submissions received from the Office of the Planning Regulator and from the Regional Assembly, National Transport Authority and Environmental Protection Agency, 32 no. other submissions where received in respect of this proposed Variation. As required by the Planning and Development Act, 2000, as amended, the response and recommendation made to the issues raised by the above mentioned agencies are outlined in the earlier section above, and should be read in conjunction with the following responses. The issues raised in all other submissions are grouped, as appropriate, under the umbrella headings listed below, with the Chief Executive’s Response in section 16.6 following this layout:          Principle of rezoning to Z9, Z10 and new Z9 text Need for Plan / Masterplan for Area Housing Employment Services / Facilities / Social Infrastructure Movement and Transport Flooding Health & Safety Other issues It should be noted that a number of the submissions are general in nature, addressing all 20 no. Variations and are not site specific. Principle of Rezoning to Z9, Z10 and new Z9 text A number of submissions received from State Bodies and individuals support and welcome the proposed rezoning of these lands to Land Use Zoning Objectives Z9 and Z10. The Irish Industrial Authority (IDA), Transport Infrastructure Ireland (TII), the Dublin Chamber of Commerce (DCoC) and Fingal County Council (FCC), specifically support the principle of the rezoning of these lands in the context of delivering National Planning Framework (NPF) and Regional Spatial and Economic Strategy (RSES) objectives particularly relating to the delivery of more intensive, efficient and sustainable land use through urban compaction. The IDA and Dublin Chamber together with individual submissions highlight their support for the rezoning of well serviced/ underutilised brownfield sites which are centrally located and within walking distance of public transport nodes / stops / stations in order to facilitate increased housing and mixed uses. These institutions also support the need for increasing densities on such lands in order to meet housing demand, where applicable, while at the same time protecting local amenity, environment, heritage and quality of life aspects of the locality. In respect to the proposed addition of text to Section 14.8.9, the Office of Public Works (OPW) requests that the following statement (or a derivative thereof) be added as supplemental text in order to provide greater certainty and policy direction: “…following the correct assessment and application of the Planning and Flood Risk Management Guidelines and relevant circular ensuring flood risk is given due consideration before any amendments are made”. In relation to the subject Variation, the OPR also endorses the proposed amendment of section 14.8.9 of the City Development Plan to include additional text in order to improve the functionality and passive surveillance of Z9 lands, whilst EMRA specifically recognise that the rezoning of these lands which abut the Camac River has the potential to lead to general environmental improvements along the watercourse and to support the development of metropolitan scale green infrastructure/ amenities. Submissions from other groups and individuals also support the mixed use and amenity / open space rezoning and note that, on the basis of the lands’ proximity to amenities/ public transport/ existing residential areas, it is reasonable to make more efficient use of this underutilised land potentially as a landmark community centred on sustainable mobility or an a creative/ cultural space. In this regard, multiple submissions draw attention to the Scoping Report on development of Inchicore / Kilmainham which was recently prepared by Dr. Jack Nolan and link the development potential of the subject lands to the recommendations of this report. Need for Plan / Masterplan for Area Transport Infrastructure Ireland (TII) has indicated that the development of lands such as these, which lie directly adjacent to public transport stations/stops (light rail) should be subject to the use of masterplans in order to ensure enhanced access and integration whilst promoting sustainable modal choices. A number of individual submissions also raise the requirement for a new area plan to be made and in place before a decision is made in respect to rezoning of the lands. The NTA recommends that the variation is approved subject to the inclusion in the variation of the need for a Masterplan including a transport assessment prior to planning. Housing The Industrial Development Authority (IDA) support the principle of the rezoning of these lands in and recognise the need to provide a range and quantum of housing opportunities. Employment Submissions highlight the requirement to increase business, employment and entrepreneurship in the area by creating opportunities for local artisans, crafts and traders. Services / Facilities / Social Infrastructure The Department of Education and Skills (DES) makes a general submission highlighting the requirement for regular structured engagement between DCC and DES to discuss the forthcoming Development Plan Review and also to ensure future growth is aligned with the adequate provision of enabling infrastructure (including schools). In relation to the subject lands, the DES note that the land area of Variation no. 16 is significant in size and on this basis, undertook an outline projection on the number of primary and post-primary school place that may be required if the lands are developed. Their projection found that the proposed Variation did not have the potential to generate a comparatively significant educational requirement in the local area. Irish Water (IW) has no objection to the proposed variation. Other submissions note existing pressure on local amenities, such as a lack of sufficient school and crèche places, highlight issues of crime, anti-social behaviour and point to how a lack of investment in the Inchicore / Kilmainham area has contributed to high levels of social and economic disadvantage Movement and Transport Transport Infrastructure Ireland (TII) supports the proposed rezoning of the subject lands on the basis of their close proximity to public transport (PT) infrastructure. Flooding The Office of Public Works’ (OPW) submissions comment on the Strategic Flood Risk Assessment for Proposed Variations No.’s 8 to 27. In respect of this Variation it states that the impact from daylighting the Camac Culvert on flooding has not been assessed. The OPW recommends using the Camac project steering group to discuss and agree an approach for the assessment of the opportunities and risks associated from opening the culvert traversing the lands (as part of the flood alleviation scheme or at a later stage). The OPW advises that Flood Risk Management Plans as part of the Eastern CFRAM Study have been published since 2018 and that the SFRA for the Proposed Variations No.’s 8 to 27 needs to be updated to reflect this fact. The OPW states that this assessment should be carried out before the lands are rezoned. Health & Safety The Health and Safety Authority (HSA) set out the role and responsibilities of the agency in respect to land use planning and provide a list of current COMAH establishments in the area of Dublin City Council to allow cross-referencing with the proposed Variations. The nearest COMAH sites are in the vicinity of the Naas Road. 16.6 Chief Executive’s Response The comments received supporting the proposed variation No. 16 (Goldenbridge Industrial Estate) are noted and welcomed. Principle of Rezoning to Z9, Z10 and new Z9 text It is noted that state bodies, Dublin Chamber and individuals fully endorse the compact development and brownfield renewal principles of the NPF and RSES and therefore support in principle the city council in seeking to make the best use of its land and public monies to meet the city and regional future growth projections, including those for housing demand. The references to the Scoping Report prepared by Dr. Jack Nolan are noted and it is considered that the zoning changes proposed are in line with the recommendations in the report. Need for Plan / Masterplan for Area The comments of TII in respect of ensuring that lands located near / at public transport nodes are integrated with public transport (light rail) to ensure greater modal choice for communities are noted. Objective MT01 of the Dublin City Development Plan 2016 – 2022 seeks the preparation of plans for areas surrounding key transport nodes where appropriate in order to guide future sustainable development. It is noted that individual submissions raise the requirement for an area plan. Given the relatively small scale of the site, it is considered that an area plan would not be required, but that detailed design and layout are best addressed as part of the development management process. Housing The comments of the IDA in respect to the need to provide a range and quantum of housing are noted and supported. Employment The purpose of the proposed Variations is to bring these well serviced but underutilized employment (Z6) zoned brownfield lands into more productive, efficient and intensive use in accordance with National and Regional planning policy and, in order to allow for a more compatible zoning objective at the local level. The proposed rezoning will not affect the continuing operation of existing business and employers on the lands and the mixed use zoning will facilitate greater opportunities for new enterprise, creative and cultural activities. Services / Facilities / Social Infrastructure The comments of the IDA and others with respect to local amenities are noted. It is noted that Irish Water (IW) has no objection to the proposed variation. The comments with respect to local amenities are noted and it is considered that the lands are already well serviced by existing infrastructure. The Department of Education and Skills (DES) submission is noted as is the need for improved collaboration and shared research. The Planning Department is currently in the process of setting up a DCC / DES working group to progress school requirements for the City in the context of the Development Plan Review and school planning at the local level for the short / medium to long term Movement and Transport TIIs support of the rezoning of the lands on the basis of their close proximity to public transport (PT) infrastructure is noted. Flooding The comments of the OPW in respect of this proposed variation are noted. It is proposed to rezone lands along the alignment of the Camac Culvert as Z9 (Open Space). This is for the purposes of allowing, should it be deemed desirable in the future that the Camac Culvert to be opened for its length through the lands, potentially enabling river protection, rehabilitation, increased biodiversity and amenity. If this is not the case, it is appropriate to retain a green area over the river to take account of its path and contribute to a greenway connection. The ‘daylighting’ of the Camac Culvert could potentially, be delivered as part of the flood alleviation scheme or at a later stage and any such proposal will be required to address the suitability or not with a full and detailed flood risk assessment. All proposals for development will be required to take into account the City Development SFRA, the SFRA for the Variation and the Eastern CFRAM Study with relevant Flood Risk Management Plans along with any updates on these since May 2018 (latest available information). Health & Safety The comments of the HAS are noted. The lands the subject of this proposed variation lie outside the consultation distance associated with the nearest COMAH sites which are located around the Naas Road. Other issues It was noticed following publication of the variation that a typographical error resulted in a slight difference between the text of the public notice and that contained in the Variation report regarding the proposed change of wording to Section 14.8.9 of the City Development Plan. It should be noted that the wording used in the Public Notice is the proposed change and for clarity is repeated below: “Adjacent development shall be designed to complement the Z9 area and to provide surveillance. Any future amendments to the width of a Z9 area, which is considered to be minor in nature, will be considered in special circumstances where the proposal will benefit the character of the area and there is no net loss of land”. 16.7 Chief Executives Recommendation Having regard to the submissions received and to the Chief Executive’s Response and Recommendations to the issues raised therein, it is recommended that the City Council adopt the Proposed Variation (No. 16) of the Dublin City Development Plan 2016-2022. Proposed Variation No. 17 – Esmond Avenue 17.1 Zoning Change Proposed: From: Zoning Objective Z6 – To provide for the creation and protection of enterprise and facilitate opportunities for employment creation. To: Zoning Objective Z1 – To protect, provide and improve residential amenities 17.2 Submission Received (Reference No’s) Proposed Variation Subject Lands No.17 Esmond Avenue, Fairview Strand, Dublin 3 Submissions Made 146, 149, 165, 170, 178, 185, 233, 234, 236, 243, 261, 276, 281, 282 17.3 Proposed Variation Context & Environmental Assessment SITE LOCATION AND DESCRIPTION The Z6 lands are located in an inner suburban location in Fairview. This area is well served by Dublin Bus. They are characterised by low intensity and low scale uses surrounded in the main by residential uses. To reflect the residential character of the wider area it is considered appropriate to rezone these lands for residential purposes. STRATEGIC ENVIRONMENTAL ASSESSMENT (AA) ASSESSMENT (SEA) AND APPROPRIATE Strategic Environmental Assessment The Planning Authority has determined that the proposed Variation would not be likely to have significant effects on the environment, taking account of relevant criteria set out in Schedule 2A of the Planning and Development Regulations, 2001, as amended, and taking into account observations by the EPA dated 25th November 2019 and Inland Fisheries dated 21st November 2019; Appropriate Assessment An Appropriate Assessment Screening was undertaken of the proposed variation of the Dublin City Development Plan, in accordance with the requirements of Article 6(3) of the EU Habitats Directive (92/43/EEC) and EU Birds Directive (79/409/EEC). The Stage 1 Screening determines that Appropriate Assessment of the proposed Variation (the draft Land use plan) is not required as the proposal, individually or in combination with other plans or projects, is not likely to have a significant effect on a European Site. On this basis, Dublin City Council as Competent Authority (in compliance with Part XAB of the Planning and Development Act 2000, as amended), has determined that an Appropriate Assessment of the proposed Variation is not required. The observation from Inland Fisheries Ireland dated 21st November 2019 was taken into account. 17.4 Map of the Variation 17.5 Summary of All Other Submissions In addition to the submissions received from the Office of the Planning Regulator and from the Regional Assembly, National Transport Authority and Environmental Protection Agency, 14 no. other submissions where received in respect of this proposed Variation. As required by the Planning and Development Act, 2000, as amended, the response and recommendation made to the issues raised by the above mentioned agencies are outlined in the earlier section above, and should be read in conjunction with the following responses. The issues raised in all other submissions are grouped, as appropriate, under the umbrella headings listed below, with the Chief Executive’s Response in section 17.6 following this layout:      Principle of Rezoning to Z1 & Housing Provision Employment Services / Facilities / Social Infrastructure Movement and Transport Flooding It should be noted that a number of the submissions are general in nature, addressing all 20 no. variations and are not site specific. Principle of Rezoning to Z1 & Housing Provision A number of submissions received from State Bodies, organisations (including Dublin Chamber of Commerce) and individuals support and welcome the proposed rezoning of these lands to Land Use Zoning Objective Z1. (See also Section 6 of this Report). The IDA and Dublin Chamber together with some individual submissions highlight their support for the rezoning of well serviced/ underutilised brownfield sites which are centrally located and within walking distance of public transport nodes / stops / stations in order to facilitate increased housing and mixed uses. In relation to this site, the IDA stresses the importance and potential for achieving a higher density in this location. A number of submissions received object in principle to the rezoning and feel that it is not required, with some putting forward alternate zonings and proposals for specific land uses. Employment It is requested in a submission that this site be retained as industrially zoned land due to its close proximity to the city centre. Services / Facilities / Social Infrastructure A number of submissions point to existing pressure on local amenities Movement and Transport A number of submission raise concerns regarding traffic and congestion. Flooding The comments of the OPW in respect of this proposed variation are noted. As part of any development proposal for the lands pluvial risk is to be catered for by the development on site. All proposals for development will be required to take into account the City Development SFRA, the site specific SFRA and the Eastern CFRAM Study with relevant Flood Risk Management Plans along with any updates on these since May 2018 (latest available information). The Office of Public Works’ (OPW) submissions comment on the Strategic Flood Risk Assessment for Proposed riations No.’s 8 to 27. In respect of this proposed ariation it states that it is for DCC to carry out an assessment to an appropriate level of detail (as per the guidelines) to satisfy themselves that that this site is not at risk from pluvial flooding. 17.6 Chief Executive’s Response Principle of Rezoning to Z1 & Housing Provision It is noted that state bodies, Dublin Chamber and individuals fully endorse the compact development and brownfield renewal principles of the NPF and RSES and therefore support in principle the City Council in seeking to make the best use of its land to meet the City and regional future growth projections, including those for housing demand. Notwithstanding the generally positive response on this issue, the submissions which object to the proposed rezoning. In relation to a call for a local plan and concerns regarding the change of zoning, the purpose of the proposed Variations is to bring these well serviced but underutilized employment (Z6) zoned brownfield lands into more productive, efficient and intensive use in accordance with National and Regional planning policy and, in order to allow for a more compatible zoning objective at the local level. The zoning will allow for appropriately scaled infill housing, whilst respecting the Z2 zoned housing on Philipsburgh Avenue and the narrow access which is unsuitable for industrial traffic. Employment The purpose of the proposed Variations is to bring these well serviced but underutilized employment (Z6) zoned brownfield lands into more productive, efficient and intensive use in accordance with National and Regional planning policy and, in order to allow for a more compatible zoning objective at the local level. Services / Facilities / Social Infrastructure The comments of the IDA and others with respect to local amenities are noted, and as outlined above, the wider study will address the issues of local services and amenities. It is considered that the lands are generally already well serviced by existing infrastructure. Movement and Transport In respect to the points raised, it is considered that issues around site-specific access constraints and traffic impact will be considered and addressed in detail within the context of the development management process, where the exact nature and scale of any redevelopment is known. Flooding The comments of the OPW in respect of this proposed variation are noted. As part of any development proposal for the lands pluvial risk is to be catered for by the development on site. All FRA’s for development proposals will be required to take into account the City Development SFRA, the SFRA for the Variation and the Eastern CFRAM Study with relevant Flood Risk Management Plans along with any updates on these since May 2018 (latest available information). 17.7 Chief Executives Recommendation Having regard to the submissions received and to the Chief Executive’s Response and Recommendations to the issues raised therein, it is recommended that the City Council adopt the Proposed Variation No. 17 (Esmond Avenue) of the Dublin City Development Plan 20162022. Proposed Variation No. 18 - Seville Place 18.1 Zoning Change Proposed: From: Zoning Objective Z6 – To provide for the creation and protection of enterprise and facilitate opportunities for employment creation. To: Zoning Objective Z5 – To consolidate and facilitate the development of the central area, and to identify, reinforce, strengthen and protect its civic design character and dignity. To: Zoning Objective Z9 – To preserve, provide and improve recreational amenity and open space and green networks. 18.2 Submission Received (Reference No’s) Proposed Variation Subject Lands No.18 Seville Place, Dublin 1 Submissions Made 12, 146, 149, 165, 170, 178, 184, 233, 236, 243, 261, 276, 281, 282 18.3 Proposed Variation Context & Environmental Assessment SITE LOCATION AND DESCRIPTION This Z6 land bank is located in the north inner city near Newcomen Bridge and measures 1.3012ha. The lands are within walking distance of Connolly Station and well served by Dublin Bus. Situated within the land bank is a railway maintenance shed, railway lines and railway bridge. The land bank is utilised by a sole occupier and functions as a depot for the storage and maintenance of rail carriages and sidings and from which rail traffic passes through northbound from Connolly Station. PURPOSE OF THE PROPOSED DRAFT VARIATION Given the inner city location of these lands it is appropriate to rezone the lands from Z6 (employment) to Z5 (City Centre Mixed Use) in order to better reflect the wider zoning objective in the area. A small parcel of the lands, adjacent the Royal Canal is proposed for to be rezoned Z9 (Open Space). The purpose of this zoning is to protect the setting of this important amenity from inappropriate development and provide for continuity of greenspace. STRATEGIC ENVIRONMENTAL ASSESSMENT (AA) ASSESSMENT (SEA) AND APPROPRIATE Strategic Environmental Assessment The Planning Authority has determined that the proposed Variation would not be likely to have significant effects on the environment, taking account of relevant criteria set out in Schedule 2A of the Planning and Development Regulations, 2001, as amended, and taking into account observations by the EPA dated 25th November 2019 and Inland Fisheries dated 21st November 2019; Appropriate Assessment An Appropriate Assessment Screening was undertaken of the proposed Variation of the Dublin City Development Plan, in accordance with the requirements of Article 6(3) of the EU Habitats Directive (92/43/EEC) and EU Birds Directive (79/409/EEC). The Stage 1 Screening determines that Appropriate Assessment of the proposed Variation (the draft Land use plan) is not required as the proposal, individually or in combination with other plans or projects, is not likely to have a significant effect on a European Site. On this basis, Dublin City Council as Competent Authority (in compliance with Part XAB of the Planning and Development Act 2000, as amended), has determined that an Appropriate Assessment of the proposed Variation is not required. The observation from Inland Fisheries Ireland dated 21st November 2019 was taken into account. 18.4 Map of the Variation <2 62 Dublin City Council Development Plan 2016-2022 Seville Place. 02 smaoundaly 25-Ma1.180Hm M11500 ZO-Area0.044Hm 18.5 Summary of All Other Submissions In addition to the submissions received from the Office of the Planning Regulator and from the Regional Assembly, National Transport Authority and Environmental Protection Agency, 14 no. other submissions where received in respect of this proposed Variation and 3 of these relate specifically to the lands. As required by the Planning and Development Act, 2000, as amended, the response and recommendation made to the issues raised by the above mentioned agencies are outlined in the earlier section above, and should be read in conjunction with the following responses. The issues raised in all other submissions are grouped, as appropriate, under umbrella headings listed below and the Chief Executive’s Response in section 8.6 following this layout:   Principle of rezoning to Z5 and Z9 & Housing Provision Flooding It should be noted that a number of the submissions are general in nature, addressing all 20 no. Variations and are not site specific. Principle of Rezoning to Z5 and Z9 Coras Iompar Eireann (CIE) owns the lands and is supportive of the Variation on the condition that it does not preclude ongoing railway operation/ activities. CIE confirmed that the development of the lands could potentially be constrained by their elevated level and restricted, issues which they suggest can be dealt with through an extension to the zoning boundary. A number of submissions received from State Bodies and organisations (including Dublin Chamber of Commerce) and individuals support and welcome the proposed rezoning of these lands to Land Use Zoning Objective Z5 (mixed use) and Land Use Zoning Z9 (Open Space). The IDA supports the variation. The IDA and Dublin Chamber together with some individual submissions highlight their support for the rezoning of well serviced, brownfield, centrally located lands, within walking distance of public transport nodes / stops / stations in order to facilitate increased housing and mixed uses. Two submissions received object in principle to the rezoning raising the need for an integrated and holistic area plan / development plan, to be prepared and in place before a decision is made in respect to rezoning of the lands. One submission states that issues needing to be addressed include the need for a vision for the area, traffic analysis, the provision of building form and height which respects the existing character of the area, and the provision of schools. A submission received outlines concern that the proposed rezoning will lead to significant increases in property value for developers and in response advocates that a tax be placed on the increase in value generated or that the site be purchased by the state to be used for education / elderly / affordable accommodation. Movement and Transport The NTA seeks the inclusion of text as part of the Variation seeking that development will be fully integrated with the adjacent railway station. Flooding The OPW submissions comments on the Strategic Flood Risk Assessment for Proposed Variations No.’s 8 to 27. In respect of this proposed Variation the OPW advises that Flood Risk Management Plans as part of the Eastern CFRAM Study have been published since 2018 and that the SFRA for the Proposed Variations No.’s 8 to 27 need to be updated to reflect this fact. 18.6 Chief Executive’s Response to the Issues Raised by the Submissions Received Introduction The comments received in respect of the proposed variation No. 18 (Seville Place) are noted and welcomed. Principle of Rezoning to Z5 and Z9 It is noted that state bodies, Dublin Chamber and individuals fully endorse the compact development and brownfield renewal principles of the NPF and RSES and therefore support in principle the city council in seeking to make the best use of its land and public monies to meet the citys’ and regions’ future growth, including housing demand. The lands in question are considered infill in character and would not require a separate local plan. Issues of form, access and movement can be fully addressed through the development management process and the relevant policies and objectives of the City Development Plan. The lands proposed for rezoning are in private ownership. All lands within the city are zoned for a variety of purposes. The zoning land is a reserved function and responsibility of the Council. There are no proposals for compulsory purchase of this site as part of this variation process. Movement and Transport In response to the NTA’s comments as outlined under the section above, it should be noted that Objective MT01 of the Dublin City Development Plan 2016 – 2022 addresses this issue whereby it seeks the preparation of plans for areas surrounding key transport nodes where appropriate in order to guide future sustainable development where appropriate. Flooding The comments of the OPW in respect of this proposed variation are noted. An Stage 3 Flood Risk Assessment will be required for all development proposals. All FRA’s for development proposals will be required to take into account the City Development SFRA, the SFRA for the Variation and the Eastern CFRAM Study with relevant Flood Risk Management Plans along with any updates on these since May 2018 (latest available information). 18.7 Recommendation to City Council: Having regard to the submissions received and to the Chief Executive’s Response to the issues raised therein, it is recommended that the City Council adopt the Proposed Draft Variation (No. 18) of the Dublin City Development Plan 2016-2022 Proposed Variation No. 19 - Old Kilmainham Road / South Circular Road 19.1 Zoning Change Proposed: From: Zoning Objective Z6 – To provide for the creation and protection of enterprise and facilitate opportunities for employment creation. To: Zoning Objective Z1 – To protect, provide and improve residential amenities. To: Zoning Objective Z9 – To preserve, provide and improve recreational amenity and open space and green networks. 19.2 Submission Received (Reference No’s) Proposed Variation Subject Lands No.19 Lands at Old Kilmainham/South Circular Road, Dublin 8 Submissions Made 12, 21, 149, 165, 170, 178, 233, 234, 236, 243, 261, 276, 281, 282 19.3 Proposed Variation Context & Environmental Assessment SITE LOCATION AND DESCRIPTION These Z6 lands comprise 4 land banks. They are located in the inner suburbs (off / near South Circular Road) near. St. James Hospital. The lands are well served by Dublin Bus and are within walking distance of a Luas stop. The sites are located in Kilmainham, Dublin 8 close to the junction of Old Kilmainham, Brookfield Road, Kearns Place and South Circular Road to the west of the St. James Hospital complex. The sites to the north of Old Kilmainham Road are bounded to the rear by the Camac River. The Z6 lands contain residential uses and a number of warehouse type buildings (containing car sales, repairs and rental etc.) and more recently constructed structures (containing hair beauty products, training academy, and builders providers etc.). PURPOSE OF THE PROPOSED DRAFT VARIATION The lands are in an inner suburban location well served by Dublin Bus and within easy walking distance to Luas Red Line and St. James Hospital Campus. Residential development has taken place on these lands and much of the commercial lands are underutilised, low scale in nature and/or vacant. It is recommended that the land Use Zoning should be changed to reflect this. It is proposed that the two northern sites outlined in red on Map E12 below should be rezoned from Z6 to Z1 and Z9. The proposed Z9 zoning provides for a riparian strip where these lands abut the Camac River on their northern boundary. It is proposed that the two southern sites outlined in red on Map E12 below should be rezoned to Z1. STRATEGIC ENVIRONMENTAL ASSESSMENT (AA) ASSESSMENT (SEA) AND APPROPRIATE Strategic Environmental Assessment The Planning Authority has determined that the proposed Variation would not be likely to have significant effects on the environment, taking account of relevant criteria set out in Schedule 2A of the Planning and Development Regulations, 2001, as amended, and taking into account observations by the EPA dated 25th November 2019 and Inland Fisheries dated 21st November 2019; Appropriate Assessment An Appropriate Assessment Screening was undertaken of the proposed Variation of the Dublin City Development Plan, in accordance with the requirements of Article 6(3) of the EU Habitats Directive (92/43/EEC) and EU Birds Directive (79/409/EEC). The Stage 1 Screening determines that Appropriate Assessment of the proposed Variation (the draft Land use plan) is not required as the proposal, individually or in combination with other plans or projects, is not likely to have a significant effect on a European Site. On this basis, Dublin City Council as Competent Authority (in compliance with Part XAB of the Planning and Development Act 2000, as amended), has determined that an Appropriate Assessment of the proposed Variation is not required. The observation from Inland Fisheries Ireland dated 21st November 2019 was taken into account. 19.4 Map of the Variation I a: l?l 'p II :n Dublin Illityr Council Development Plan 2016-21322 Lends at Did Hilmeinheml?euth l.'3irel.iler Reedl DE Map Ref E12 Eening Site Eieundery I:l Area 2.?50Heetere5 Beale Area 0.115Heeteree 19.5 Office of the Planning Regulator (Submission No. 261) Summary of the Submission The OPR is concerned that proposed variation does not comply with the Section 28 Guidelines dealing with Flood Risk Management – The Planning System and Flood Risk Management, Guidelines for Planning Authorities (OPW 2009). It notes the Office Of Public Works (OPW) submission that whilst there is a level of protection for the area by the works at Kearns place / Lady Lane, the extent of this protection, its design standard and how it will tie in to the proposed open space (Z9 areas) require further assessment to inform any proposed rezoning. It states that the issue of management of risk to future vulnerable uses on the lands and confirmation that redevelopment would not cause adverse impacts elsewhere needs to be addressed in the SFRA. It states that it would be contrary to the guidelines to rezone further lands for residential development knowing that an adequate level of protection is not being provided. The OPR recommends that the PA engage with the Office of Public Works in relation to the proposal and that it determine the appropriateness of the proposed zoning objective taking account of the Flood Risk Management Guidelines. The PA must confirm if the variation is consistent with the guidelines and if not the Variation should not be proceeded with. Chief Executives Response The comments of the OPR in respect of this proposed variation are noted and which impact a small section of this variation. In view of the fact that Camac Flood Alleviation Scheme will not be in place for one year it is considered appropriate not to proceed with the proposed variation on the lands to the north of the Old Kilmainham Road, (which is the smaller portion of the variation) at this time and to reconsider the zoning of these lands as part of the overall Development Plan review process when the Camac scheme will be complete. The flood risk does not impact on the lands proposed for a zoning change on the south of the Old Kilmainham Road and it is proposed to recommend that these lands for variation. 19.5.1 Summary of All Other Submissions In addition to the submissions received from the Office of the Planning Regulator and from the Regional Assembly, National Transport Authority and Environmental Protection Agency, 14 no. other submissions where received in respect of this proposed Variation. As required by the Planning and Development Act, 2000, as amended, the response and recommendation made to the issues raised by the above mentioned agencies are outlined in the earlier section above, and should be read in conjunction with the following responses. The issues raised in all other submissions are grouped, as appropriate, under the umbrella headings listed below and the Chief Executive’s Response and Recommendation on these issues are set out:     Principle of rezoning to Z1and Z9 Services / Facilities / Social Infrastructure Flooding Other Issues It should be noted that a number of the submissions are general in nature, addressing all 20 no. Variations and are not site specific. Principle of Rezoning to Z1 and Z9 A number of submissions received from State Bodies, and individuals alike, support and welcome the proposed rezoning of these lands to Land Use Zoning Objective Z1 and Z9 which is a residential zoning and an open space zoning. The IDA and Dublin Chamber and individual submissions highlight their support for the rezoning of well serviced, brownfield, centrally located lands, within walking distance of public transport nodes / stops / stations in order to facilitate increased housing and mixed uses. These institutions also support the need for increasing densities on such lands in order to meet housing demand, where applicable, while at the same time protecting local amenity, environment, heritage and quality of life aspects of the locality. The NTA recommends that the variation is approved subject to the inclusion in the variation of the need for a Masterplan including a transport assessment prior to planning. The IDA seeks to stress the importance and potential of achieving a higher density in this particular location. One submission seeks that no rezoning decisions be made until either a local area plan or a new city development plan is put in place. Services / Facilities / Social Infrastructure Irish Water has no objection to the proposed variation. These lands will need more detailed assessment / sewer modelling or water network reinforcement depending on the nature of the development proposals that are forthcoming Flooding The OPW submissions comments on the Strategic Flood Risk Assessment for Proposed Variations No.’s 8 to 27. In respect of this Variation it states that the level of protection provided by existing flood defence works at Lady’s Lane / Kearns Place and how it will tie in to the proposed open space (Z9 area) needs to be further assessed. This area has been flooded in the past and it would be contrary to the guidelines to rezone the lands for residential development knowing that an adequate standard of protection has not been provided and both fluvial and pluvial issues may still exist. Other Issues - correction It has been brought to the attention of the Planning Authority by the OPW that the Key to Map E12 for proposed variation No. 19 incorrectly references the map. The Z9 zoning should be shown as ‘Area 0.807 ha’ and the Z1 zoning should be shown as ‘Area 2.750 ha’ and not the other way round as indicated. 19.6 Chief Executive’s Response to the Issues Raised by the Submissions Received Principle of Rezoning to Z1and Housing Provision It is noted that state bodies, Dublin Chamber and individuals fully endorse the compact development and brownfield renewal principles of the NPF and RSES and therefore support in principle the city council in seeking to make the best use of its land and public monies to meet the City’s and regions’ future growth, including housing demand. It is considered that taking into account the small scale of the lands in question, that the design approach taken is best addressed through the development management process. In response to the NTA’s comments as outlined under the section above, it should be noted that Objective MT01 of the Dublin City Development Plan 2016 – 2022 addresses this issue whereby it seeks the preparation of plans for areas surrounding key transport nodes where appropriate in order to guide future sustainable development where appropriate. Services / Facilities / Social Infrastructure The Council recognise the issues raised by Irish Water, and will work closely with the Agency and any relevant landowners to address any infrastructure needs within the area. Flooding See R1 Chief Executives Recommendation to OPR Recommendation above. The comments of the OPR and the OPW in respect of this proposed variation are noted and which impact a small section of this variation. In view of the fact that Camac Flood Alleviation Scheme will not be in place for one year it is considered appropriate not to proceed with the proposed variation on the lands to the north of the Old Kilmainham Road, (which is the smaller portion of the variation) at this time and to reconsider the zoning of these lands as part of the overall Development Plan review process when the Camac scheme will be complete. The flood risk does not impact on the lands proposed for a zoning change on the south of the Old Kilmainham Road and it is proposed to recommend that these lands for variation. Other Issues The key for Map 12 has been corrected. 19.7 Recommendation to City Council: Having regard to the submissions received and to the Chief Executive’s Response and Recommendations to the issues raised therein, it is recommended that the City Council adopt the Proposed Variation (No. 19) of the Dublin City Development Plan 2016-2022 only in respect to the lands outlined in red to the south of Old Kilmainham Road. Proposed Variation No. 20 - 109 – 114 Cork Street 20.1 Zoning Change Proposed: From: Zoning Objective Z6 – To provide for the creation and protection of enterprise and facilitate opportunities for employment creation. To: Zoning Objective Z10 – To consolidate and facilitate the development of inner city and inner suburban sites for mixed-uses, with residential the predominant use in suburban locations, and office/retail/residential the predominant uses in inner city areas. 20.2 Submission Received (Reference No’s) Proposed Variation Subject Lands No.20 109-114 Cork Street, Dublin 8 Submissions Made 21, 80, 146, 149, 165, 170, 233, 234, 236, 243, 261, 276, 281, 282 20.3 Proposed Variation Context & Environmental Assessment SITE LOCATION AND DESCRIPTION These Z6 lands (0.572 ha) are located in the inner city to the north of Cork Street at 109-114 Cork Street, Dublin 8. These Z6 lands are made up of a number of different units and premises in various states of maintenance. A plant shop takes up a significant portion of the lands. The lands are located along a QBC. They are bounded to the south by Cork Street and, partly, to the east by John Street South. The northern boundary of the site includes Allingham Street. PURPOSE OF THE PROPOSED DRAFT VARIATION The context for these lands is mixed use. Presently, the overall site is underused, with Number 110-111 vacant. The subject site is located in the city centre and is considered to have significant potential for development/redevelopment. As the lands comprise an underutilised inner city site on a key communication corridor, it is considered that a change of zoning to Z10 (mixed use) would be a more appropriate zoning at this location. STRATEGIC ENVIRONMENTAL ASSESSMENT (AA) ASSESSMENT (SEA) AND APPROPRIATE Strategic Environmental Assessment The Planning Authority has determined that the proposed Variation would not be likely to have significant effects on the environment, taking account of relevant criteria set out in Schedule 2A of the Planning and Development Regulations, 2001, as amended, and taking into account observations by the EPA dated 25th November 2019 and Inland Fisheries dated 21st November 2019; Appropriate Assessment An Appropriate Assessment Screening was undertaken of the proposed Variation of the Dublin City Development Plan, in accordance with the requirements of Article 6(3) of the EU Habitats Directive (92/43/EEC) and EU Birds Directive (79/409/EEC). The Stage 1 Screening determines that Appropriate Assessment of the proposed Variation (the draft Land use plan) is not required as the proposal, individually or in combination with other plans or projects, is not likely to have a significant effect on a European Site. On this basis, Dublin City Council as Competent Authority (in compliance with Part XAB of the Planning and Development Act 2000, as amended), has determined that an Appropriate Assessment of the proposed Variation is not required. The observation from Inland Fisheries Ireland dated 21st November 2019 was taken into account. nob 2.20 2 =6