Untitled Document

Dunboyne Combined Residents Association

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An Bord Pleanála

Meath County. Planning Register Reference Number: DA/30236. An Bord Pleanála Reference Number: PL 17.204690

APPEAL by Dunboyne Combined Residents Association care of O’Neill Town Planning of Harbour Road, Howth, County Dublin and by Menolly Homes Limited care of Fenton Simons Limited of 29 Fitzwilliam Place, Dublin and by Douglas M. Dennehy of The Laurels, Rooske Road, Dunboyne, County Meath against the decision made on the 22nd day of September, 2003 by Meath County Council to grant subject to conditions a permission to the said Menolly Homes Limited in accordance with plans and particulars lodged with the said Council.

PROPOSED DEVELOPMENT: A mixed use residential/commercial development consisting of houses and apartments and conversion and extension including the demolition of portion of the existing building at Dunboyne Castle to a hotel and leisure complex. The residential element consists of 564 number units of which 344 number units are two, three and four bedroom detached, semi-detached and terraced two and three-storey houses and 220 number units are one and two bedroom three-storey apartments in 11 number blocks. The residential element will include all public open spaces, provision for a childcare facility, all site development and infrastructural works, including landscaping and tree preservation on an 18.2 hectare (45 acre) portion of the site south of Dunboyne Castle grounds and north of Dunboyne Athletic Track with two access points off the Maynooth Road and one access point off the Rooske Road. The hotel development consists of the preservation, conservation and conversion to hotel use of the original Dunboyne Castle House (a protected structure) together with the removal of the two-storey east wing and single storey west wing. The proposed development includes for new hotel accommodation attached to the original house to the east and west comprising a four-storey 121 number bedroom wing to the southwest of the house including restaurant/dining room and bar; central reception entrance lobby; conference/banqueting hall and meeting rooms; 18 metre swimming pool, gym and leisure centre; entertainment and stores; staff changing facilities; plant rooms for mechanical and electrical services. The proposed hotel development will include the provision of 351 number dedicated car parking spaces and a coach park; and all associated site developments, infrastructural and landscaping works including the provision of a new lake and enhancement of the existing gardens and landscape.

The existing two-storey stable buildings which are located within the site curtilage on the western boundary adjoining the Maynooth Road to be renovated and converted into residential accommodation comprising 10 number apartments including six number one bedroom apartments, three number two bedroom apartments and one number three bedroom apartment with associated parking. The existing protected entrance piers and their associated gates and decorative features to be taken down and reconstructed, widened and set back together with approximately 100 metres length overall of the western boundary wall on the Maynooth Road to comply with traffic safety standards. The hotel development is to be carried out on an 8.1 hectare (20 acre) portion of the site. Infrastructural works include the provision of water supply from the mains on the Rooske and Maynooth roads, the attenuation of surface water within the site to avoid interference with the capacity of the Castle River and the connection of the foul sewer into the existing public foul sewer at Beechdale estate to the east of the site, as well as the upgrading of the Maynooth Road for about 250 metres along the frontage of the site, from six metres to seven metres carriageway and two metres footpath and public lighting. The works also include the preservation of the listed building and trees and the upgrading of the town park and the provision of a riverside walk and cycle paths through the development all on an overall site of 26.3 hectares (65 acres) at Dunboyne Castle and grounds, Dunboyne, County Meath.

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

Having regard to the zoning provisions relating to the site as set out in the current development plan for the area and the location of the site in close proximity to the centre of the town of Dunboyne, it is considered that, subject to compliance with the conditions set out below, the proposed development would not seriously injure the amenities of the area or of property in the vicinity, would not adversely affect the character or setting of the protected structure, Dunboyne Castle, would not be prejudicial to public health and would be acceptable in terms of traffic safety and convenience. The proposed development would, therefore, be in accordance with the proper planning and sustainable development of the area.

In deciding not to accept the Inspector's recommendation to refuse permission, the Board had particular regard to the zoning provisions relating to the site as set out in the current development plan for the area and the proximity of the site to the centre of the town of Dunboyne. In disagreeing with the Inspector’s third recommended reason for refusal, the Board considered that the proposed hotel development would not significantly materially adversely affect the character or setting of the protected structure.

1. The development shall be carried out in accordance with the plans and particulars lodged with the application, as amended by the revised details received by the planning authority on the 4th day of September, 2003 and by An Bord Pleanála on the 28th day of January, 2004, except as may otherwise be required in order to comply with the following conditions.

2. Houses numbers 62 to 65 inclusive shall be omitted from the proposed development and the resultant free area shall be designated as a site for neighbourhood facilities, which might include a medical/dental practice or local shop. Development on this site shall be subject to a future application for planning permission.

Reason: In the interest of the proper planning and sustainable development of the area.

Apartment Block number 3 shall be omitted from the proposed development and the resultant free area shall be set out as public open space. Details to show compliance with this requirement shall be submitted to the planning authority for agreement prior to commencement of development.

Reason: To protect adjoining woodland and in the interest of the proper planning and sustainable development of the area.

4. Car parking spaces surrounding the perimeter of the central open space at Apartment Blocks numbers 6 to 11 shall be omitted from the development and the resultant free area shall be incorporated within the adjoining open space. The omitted car parking may be replaced underground subject to a further application for planning permission.

Phase 1: the conversion and extension of the existing building at Dunboyne Castle to a hotel and leisure complex including enhancement of existing gardens, landscaping and dwelling units numbers 1 to 61 and 66 to 115 inclusive together with Apartment Blocks numbers 1, 2, 4 and 5, including the provision of adequate childcare facilities and all necessary site works.

Phase 2: dwelling units numbers 176 to 333 including the provision of Road 12 connecting to the Rooske Road and the provision of playing fields laid out and made available as class 1 open space on lands to the south of Road 12, together with adequate childcare facilities and all necessary site works.

Phase 3: dwelling units numbers 334 to 404 inclusive including the conversion of the stable building together with all necessary site and landscaping works with the provision of adequate childcare facilities.

Phase 4: Apartment Blocks 6 to 11 inclusive, including the provision of adequate car parking facilities, all necessary site and landscaping works and adequate childcare facilities.

Details to show compliance with this condition shall be submitted to the planning authority for agreement prior to commencement of development.

Reason: In the interest of orderly development and the proper planning and sustainable development of the area.

6. Within eight weeks of the date of this order, the developer shall enter into an agreement with the planning authority under Section 96 of the Planning and Development Act, 2000 (as amended) in relation to the provision of social and affordable housing, in accordance with the requirements of the planning authority’s housing strategy, unless, before the expiry of that period, the said developer shall have applied for and been granted an Exemption Certificate under Section 97 of the Planning and Development Act, 2000.

Reason: To comply with the requirements of Part V of the Planning and Development Act, 2000 (as amended).

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

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

8. (a) All works which directly impact on the protected structures, including demolition works, shall be supervised by a conservation architect who shall certify to the planning authority upon completion that these works were carried out in accordance with the Conservation Guidelines issued by the Department of the Environment and best conservation practice.

(b) Record drawings and photographs (pre and post construction) shall be submitted to the Architectural Archive.

(d) Details of the method to be used for upgrading existing doors to FD30S fire doors shall be submitted to the planning authority for written agreement prior to commencement of development.

(e) The existing sash windows proposed to be removed from the ground floor rear area shall be carefully stored for possible future re-use.

(f) The existing features (joinery and plasterwork) shall be carefully protected during construction.

(g) To the rear elevation of the stables block the existing arch headed opes shall be reproduced in apartments numbers 2 and 9, as an acknowledgement of the original design. Revised drawings in this regard shall be submitted to the planning authority for written agreement prior to commencement of development.

(h) The proposed curved bedroom wing to Dunboyne Castle shall not be permitted in the location proposed and shall be moved out or angled away to allow the rear elevation of the central block of the house to retain its dominance. Prior to commencement of development of the hotel, revised drawings including this alteration shall be submitted to the planning authority for written agreement.

Reason: In the interest of proper planning and sustainable development and conservation.

9. All service cables associated with the proposed development (such as electrical, communal television, telephone and public lighting cables) shall be run underground within the site. In this regard, ducting shall be provided to facilitate the provision of broadband infrastructure within the proposed development.

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

10. (a) Landscaping shall be carried out in accordance with the landscape details contained in the Environmental Impact Statement and associated drawings and the Tree Survey submitted to the planning authority on the 29th day of July, 2003 and shall include, inter alia, the provision of a public art feature in a location to be agreed in writing with the planning authority prior to commencement of development. All planting in each phase shall be carried out, in the first planting season following commencement of development and shall be permanently retained thereafter.

(b) Open space areas shall be levelled and covered with quality grass seed within three months of the occupation of the phase the area is contained within, and tree/shrub planting carried out as soon as is reasonable thereafter.

(c)Prior to commencement of development, details for the maintenance of the areas of public open space inclusive of all soft landscaping areas including refuse and recycling points in the form of a management company shall be submitted for the agreement in writing of the planning authority.

Reason: In the interest of visual amenity and proper planning and sustainable development.

11. Prior to commencement of development, details of the materials, colours and textures of all the external finishes to the proposed development shall be submitted to the planning authority for agreement.

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

12. Prior to commencement of development, proposals for an estate/street name and numbering scheme and associated signage shall be submitted to the planning authority for agreement.

13. Prior to commencement of development, the following details regarding access arrangements shall be submitted to the planning authority for written agreement:

(i) The access arrangements identified as limited access at the entrance to the Maynooth Road in drawing number E-013029-200 prepared by DBFL and submitted to the planning authority on the 4th day of September, 2003 shall not be permitted. Alternative entrance proposals shall be submitted to the planning authority.

(ii) Details of the realignment of the Maynooth Road along the site frontage to include the provision of surface water drainage, public lighting and footpath and cycleways.

(iv) Details of all internal roads within the development to include line, level, finish/construction depth, drainage, footpath, cyclepath, public lighting provision and traffic calming measures.

No development, exempted or otherwise, shall be erected over the public sewer, drain or watermain.

15. The developer shall facilitate the planning authority in preserving, recording or otherwise protecting archaeological materials or features that may exist within the site. In this regard, the developer shall -

(a) notify the planning authority in writing at least four weeks prior to the commencement of any site operation (including hydrological and geotechnical investigations) relating to the proposed development,

(b) employ a suitably-qualified archaeologist who shall monitor all site investigations and other excavation works, and

(c) provide satisfactory arrangements for the recording and removal of any archaeological material which may be considered appropriate to remove.

Reason: In order to conserve the archaeological heritage of the site and to secure the preservation of any remains which may exist within the site.

16. Prior to commencement of development, a management scheme providing adequate measures relating to the future maintenance in a satisfactory manner of private open spaces, roads and communal areas not to be taken in charge shall be submitted to the planning authority for agreement.

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

17. Prior to commencement of development, the developer shall lodge with the planning authority a cash deposit, a bond of an insurance company, or other security to secure the provision and satisfactory completion and maintenance until taken in charge by the planning authority of roads, footpaths, watermains, drains, public open space and other services required in connection with the development, coupled with an agreement empowering the planning authority to apply such security or part thereof to the satisfactory completion or maintenance of any part of the development. The form and amount of the security shall be as agreed between the planning authority and the developer or, in default of agreement, shall be determined by An Bord Pleanála.

18. The developer shall pay to the planning authority a financial contribution in respect of public infrastructure and facilities benefiting development in the area of the planning authority that is provided or intended to be provided by or on behalf of the authority in accordance with the terms of the Development Contribution Scheme made under section 48 of the Planning and Development Act, 2000. The provisions of section 48 (10) (a) and (b) of the Act shall apply as respects an appeal to An Bord Pleanála in relation to the application of the Scheme.

Reason: It is considered reasonable that a contribution be made in accordance with a Development Contribution Scheme made for the area of the proposed development under section 48 of the Planning and Development Act, 2000.