An Bord Pleanála
PLANNING AND DEVELOPMENT ACTS 2000 TO 2006
Buncrana Town
Planning Register Reference Number: P06/90006
An Bord Pleanála Reference Number: PL 40.220381
APPEAL by Jansu Developments Limited care of Simon Clear and Associates of 3
Terenure Road West, Terenure, Dublin against the decision made on the 5th day of
October, 2006 by Buncrana Town Council to refuse permission in accordance with
plans and particulars lodged with the said Council.
PROPOSED DEVELOPMENT: A mixed use commercial, retail and residential
redevelopment consisting of the demolition of the existing factory premises and the
construction of a mixed use development with a gross overall floor area of 42,068
square metres, comprising a retail element totalling 7,619 square metres (gross),
including an anchor unit of 5,456 square metres gross and 15 number retail/service
units of 2,163 square metres gross; a commercial/office element totalling 2,438 square
metres; a cafe totalling 232 square metres, a restaurant/bar element totalling 734
square metres; a medical centre totalling 360 square metres and 70 apartments,
comprising 19 one bedroom, 43 two bedroom and eight three bedroom units, all with
associated balconies and terraces. The development will be serviced by a total of 558
carparking spaces, of which 100 are located in the lower basement to serve the
residential element only, 287 are located in the basement to serve the
retail/commercial element and 171 located at ground/surface level to serve the
retail/commercial element. Ingress and egress to the retail/commercial parking at
surface and basement levels will be via a new roundabout located on Aileach Road.
Ingress and egress to the residential parking at lower basement level will be via an
access ramp located on Cahir O’Doherty Avenue, which will also service the retail
loading bay, located at lower basement level. The application site area extends to 5.89
acres or 2.38 hectares. The development also consists of four number new ESB substations, foul water pumping chamber, new two metre wide footpath to Cahir
O’Doherty Avenue, boundary treatments, landscaping, connections to existing public
services, and all other associated development works. The development will be a
maximum height of two storeys over ground level to Cahir O’Doherty Avenue and a
maximum of seven storeys over ground level to the frontage to Lough Swilly all at the
disused former Fruit of the Loom factory site at Aileach Road and Cahir O’Doherty
Avenue, Buncrana, County Donegal.
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PL 40.220381
An Bord Pleanála
Page 1 of 7
DECISION
GRANT permission for the above proposed development in accordance with the
said plans and particulars based on the reasons and considerations under and
subject to the conditions set out below.
MATTERS CONSIDERED
In making its decision, the Board had regard to those matters to which, by virtue of
the Planning and Development Acts and Regulations made thereunder, it was required
to have regard. Such matters included any submissions and observations received by
it in accordance with statutory provisions.
REASONS AND CONSIDERATIONS
Having regard to the nature and location of this large brownfield site (former Fruit Of
The Loom manufacturing facility), its location within the town of Buncrana, the
zoning provisions pertaining to the site as ‘primarily commercial, retail and residential
use’ as provided for in the current development plan for the area, Variation Number 2,
2007, to the pattern of development in the vicinity and to the reduced scale of the
development, it is considered that, subject to compliance with the conditions set out
below, the proposed development would not seriously injure the amenities of the area
or of property in the vicinity, would not materially contravene the current
development plan for the area, would not have an adverse impact on the vitality or
viability of the town centre and would be acceptable in terms of traffic safety and
convenience. The proposed development would, therefore, be in accordance with the
proper planning and sustainable development of the area.
In deciding not to accept the Inspector's recommendation to refuse permission, the
Board had particular regard to Variation Number 2, 2007 of the Buncrana
Development Plan 2002 and noted that the zoning changes post-dated the Inspector’s
report. Furthermore, the Board had regard to the reduced scale of the proposed
development and the orientation and aspects of the apartments and considered that the
reduced scale of retail floor space as set out in the conditions below overcame the
Inspector’s concerns with regard to the quantum of the retail provision and,
furthermore, considered that the proposed development would support the role of the
town centre having regard to its location within Buncrana.
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PL 40.220381
An Bord Pleanála
Page 2 of 7
CONDITIONS
1.
The development shall be carried out in accordance with the plans and
particulars lodged with the application, as amended by the further plans and
particulars received by the planning authority on the 14th day of June, 2006
and the 13th day of July, 2006 and the revised plans and particulars received by
An Bord Pleanála on the 1st day of November, 2006 which provide for:
(1)
omission of two complete upper storeys of apartments along the
western boundary (six units),
(2)
omission of single storey apartments along the curved section (10
units), and
(3)
Reduction of floor area of restaurant/bar from 734 sq metres to 335
square metres with the surplus (399 sq metres) to form additional civic
office space.
Reason: In the interest of clarity.
2.
The total net retail sales space of the anchor store shall not exceed 3,000
square metres. Prior to commencement of development, a revised design and
layout of the anchor store, showing a reduction in the overall floor area, shall
be submitted to the planning authority for written agreement. In this regard,
the store shall be reduced by the omission of the area between gridline A and
B and the omission of the area between gridlines 1 and 3. The service access
shall be moved southwards and a landscaped buffer strip of at least six metres
shall be provided along the northern boundary of the site. A landscaped buffer
strip shall also be provided along the eastern side boundary.
Reason: To ensure that the development is in compliance with the Retail
Planning Guidelines for Planning Authorities published by the Department of
the Environment, Heritage and Local Government in January 2005 and to
reduce the visual impact of the building on adjoining properties.
3.
A traffic management plan for the construction phase of the proposed
development shall be submitted to and agreed with the planning authority prior
to commencement of development.
Reason: In the interest of traffic safety and orderly development.
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An Bord Pleanála
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4.
Prior to commencement of development, vision lines of 68 metres shall be
provided in each direction at a point 3.05 metres back from the road edge at
the location of the vehicular entrance. The vision lines shall be in accordance
with the requirements of the planning authority.
Reason: In the interest of traffic safety.
5.
Prior to commencement of development, a construction management plan shall
be submitted to the planning authority for written agreement. This plan shall
provide details of intended construction practice for the development,
including hours of working, noise management measures, off-site disposal of
construction/demolition waste and a scheme for dust and dirt control.
Reason: In the interest of amenities and public safety.
6.
Water supply and drainage arrangements, including the disposal of surface
water, shall comply with the requirements of the planning authority for such
works and services.
Reason: In the interest of public health and to ensure a proper standard of
development.
7.
Prior to commencement of development, a management scheme providing
adequate measures relating to the future maintenance of private open spaces,
roads and communal areas in a satisfactory manner shall be submitted to the
planning authority for agreement.
Reason: To ensure the adequate future maintenance of this private
development in the interest of residential amenity.
8.
Prior to commencement of development the developer shall submit, and obtain
the written agreement of the planning authority to, a plan containing details for
the management of waste (and, in particular, recyclable materials) within the
development, including the provision of facilities for the storage, separation
and collection of the waste and, in particular, recyclable materials, and for the
ongoing operation of these facilities.
Reason: To provide for the appropriate management of waste and, in
particular recyclable materials, in the interest of protecting the environment.
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PL 40.220381
An Bord Pleanála
Page 4 of 7
9.
Public lighting shall be provided in accordance with a scheme, details of
which shall be submitted to the planning authority for agreement prior to the
commencement of development.
Reason: In the interest of amenity and public safety.
10.
Prior to commencement of development, proposals for a name and numbering
scheme and associated signage shall be submitted to the planning authority for
agreement.
Reason: In the interest of orderly development.
11.
Prior to commencement of development, details of the materials, including
samples panels, colours and textures of all the external finishes to the proposed
development (which shall provide for a high quality finish to all external
elevations) shall be submitted to the planning authority for agreement.
Reason: In the interest of orderly development and the visual amenities of the
area.
12.
The site shall be landscaped in accordance with a scheme of landscaping,
details of which shall be submitted to the planning authority for agreement
before development commences. The scheme shall include a timescale for its
implementation.
Reason: In the interest of visual amenity.
13.
The areas shown as open space on the lodged plans shall be reserved for such
use and shall be soiled, seeded, levelled and landscaped in accordance with a
detailed scheme, including a timetable for implementation, to be agreed with
the planning authority.
Reason: In the interest of the amenities of the occupants of the proposed
development.
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An Bord Pleanála
Page 5 of 7
14.
Prior to commencement of development, the applicant or other person with an
interest in the land to which the application relates shall enter into an
agreement in writing with the planning authority in relation to the provision of
social and affordable housing in accordance with the requirements of section
96 of the Planning and Development Act 2000, as amended, unless an
exemption certificate shall have been applied for and been granted under
section 97 of the Act, as amended. Where such an agreement is not reached
within eight weeks from the date of this order, the matter (other than a matter
to which section 97(7) applies) may be referred by the planning authority or
any other prospective party to the agreement to the Board for determination.
Reason: To comply with the requirements of Part V of the Planning and
Development Act 2000, as amended, and of the housing strategy in the
development plan of the area.
15.
Prior to commencement of development, the developer shall lodge with the
planning authority a cash deposit, a bond of an insurance company, or other
security to secure the provision and satisfactory completion of roads,
footpaths, watermains, drains, public open space and other services required in
connection with the development, coupled with an agreement empowering the
planning authority to apply such security or part thereof to the satisfactory
completion of any part of the development. The form and amount of the
security shall be as agreed between the planning authority and the developer
or, in default of agreement, shall be referred to the Board for determination.
Reason: To ensure the satisfactory completion of the development.
16.
The developer shall pay to the planning authority a financial contribution in
respect of public infrastructure and facilities benefiting development in the
area of the planning authority that is provided or intended to be provided by or
on behalf of the authority in accordance with the terms of the Development
Contribution Scheme made under section 48 of the Planning and Development
Act 2000. The contribution shall be paid prior to the commencement of
development or in such phased payments as the planning authority may
facilitate and shall be subject to any applicable indexation provisions of the
Scheme at the time of payment. Details of the application of the terms of the
Scheme shall be agreed between the planning authority and the developer or,
in default of such agreement, the matter shall be referred to the Board to
determine the proper application of the terms of the Scheme.
Reason: It is a requirement of the Planning and Development Act 2000 that a
condition requiring a contribution in accordance with the Development
Contribution Scheme made under section 48 of the Act be applied to the
permission.
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An Bord Pleanála
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17.
The developer shall pay to the planning authority a financial contribution as a
special contribution under section 48(2)(c) of the Planning and Development
Act 2000 in respect of (a) upgrading bridge crossing the Crana River, (b)
provision of a right turning lane on the R238 at the junction of the Aileach
Road, (c) provision of a filter lane at the junction of the R238 with the Aileach
Road, and (d) provision of a mini-roundabout between the site entrance and
the Aileach Road/Church Road junction. The amount of the contribution shall
be agreed between the planning authority and the developer or, in default of
such agreement, the matter shall be referred to the Board for determination.
The contribution shall be paid prior to the commencement of the development
or in such phased payments as the planning authority may facilitate and shall
be updated at the time of payment in accordance with changes in the
Wholesale Price Index – Building and Construction (Capital Goods),
published by the Central Statistics Office.
Reason: It is considered reasonable that the developer should contribute
towards the specific exceptional costs which are incurred by the planning
authority which are not covered in the Development Contribution Scheme and
which will benefit the proposed development.
18.
The developer shall pay the sum of €627,000 euro (six hundred and twentyseven thousand euro) (updated at the time of payment in accordance with
changes in the Wholesale Price Index – Building and Construction (Capital
Goods), published by the Central Statistics Office), to the planning authority
as a special contribution under section 48 (2)(c) of the Planning and
Development Act 2000 in respect of development of lands to the west of the
site as an amenity/recreational area. This contribution shall be paid prior to the
commencement of the development or in such phased payments as the
planning authority may facilitate. The application of indexation required by
this condition shall be agreed between the planning authority and the
developer or, in default of such agreement, the matter shall be referred to the
Board to determine.
Reason: It is considered reasonable that the developer should contribute
towards the specific exceptional costs which are incurred by the planning
authority which are not covered in the Development Contribution Scheme and
which will benefit the proposed development.
Member of An Bord Pleanála
duly authorised to authenticate
the seal of the Board.
Dated this
day of
2007.
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PL 40.220381
An Bord Pleanála
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