Appeal to
An Bórd Pleanála Re
Kildare County Council Decision
On Planning Application 03/1354
Prepared by
SALLINS COMMUNITY COUNCIL
PO BOX 101
SALLINS POST OFFICE
SALLINS
CO. KILDARE
KCC File Number: 03/1354
Sallins Community Council
File Name: 96515d3c-b35c-4c15-bc70-47a3fe5e92f4.doc
TABLE OF CONTENTS
1. BACKGROUND
1.1 SALLINS
1.1.1 History
1.1.2 Present Day Sallins
1.2. POPULATION
1.3 DESCRIPTION OF THE PROPOSED DEVELOPMENT
2. DEVELOPMENT PLAN PROVISIONS AND OTHER POLICY
CONSIDERATIONS
3. PLANNING AUTHORITY DECISION
4. GROUNDS FOR APPEAL
APPENDIX I – Extracts from Census 2002 re Sallins
APPENDIX II – Sallins - People and Social Infrastructure – Access to Services
APPENDIX III – A Report from the Board of Management of Sallins Primary School
KCC File Number: 03/1354
Sallins Community Council
File Name: 96515d3c-b35c-4c15-bc70-47a3fe5e92f4.doc
1. BACKGROUND
1.1 SALLINS
1.1.1 History
As outlined in the Sallins Area Local Area Plan 2001 (SLAP 2001), Sallins can trace its origins
back to the construction of the Grand Canal in 1780. With the development of the railway in the
beginning of the 19th century the town continued to thrive as a transport center. With the decline
in the canal system and later the railway as transport systems in the 20th centuries the towns
importance declined.
1.1.2 Present Day Sallins
The opening of the Arrow Commuter service and buoyant property market has brought about a
rapid reversal in the towns fortunes. Local employment is minimal with the majority of the
working people commuting to work. Much of the development up to 2000 has been in the form
of low density housing estates to the north in the order of 6-8 units per acre. Since 2000 the
development has continued with the density increasing typically in excess of 14 units per acre.
1.2. POPULATION
Examining the 2002 census Table 5 (page 25) records 2922 people in Sallins in 2002 and records
854 people in the 1996 census. This represents a 242.2% increase. Appendix I contains extracts
from the 2002 census showing all the relevant data for Sallins.
According to a front-page article in the Leinster Leader 7th August 2003 Sallins is the County’s
Youngest Town. The article was based on the recently published figures from the 2002 census.
The census showed 29% of the population was under age of fifteen and 48% of the population
fall into the “25-44 years” category, which are the largest proportions for the whole of Kildare.
In February 2003 parents volunteered to conduct a door-to-door survey of the main estates in
Sallins. On completion of the survey a report entitled Report on Accommodation Crisis at
Sallins National Primary School. The report indicated a total population in Sallins of 3390. This
figure excluded the new houses in Castlefin, Sherl;ockstown/Bodenstown and hinterland area.
The report adjusted the figure to include the above, which brought the population to 5440. The
report clearly indicates the continued increase in the population since the 2002 census.
1.3 DESCRIPTION OF THE PROPOSED DEVELOPMENT
The proposed development consists of the construction of 41 residential units comprising 23 no.
2 bedroom and 18 no. 3 bedroom houses with a pedestrian entrance to the adjacent estate called
Sallins Bridge. The units are divided in to a total of seven blocks with the open space divided
into three areas.
The site, with a stated area of 1.185ha, is located approximately 0.7 Km to the west of Sallins on
the road to Straffan and approximately 1 km walking distance from the railway station via the
Straffan Road.
KCC File Number: 03/1354
Sallins Community Council
File Name: 96515d3c-b35c-4c15-bc70-47a3fe5e92f4.doc
2. DEVELOPMENT PLAN PROVISIONS AND OTHER POLICY
CONSIDERATIONS
NATIONAL SPATIAL STRATEGY (NSS)
The NSS was published in 2002. Section 5.3.1 relates to “housing location in Urban Areas”. As
outlined Box 5.2 establishes a broad evaluation framework as an aid to the most appropriate
spatial location for housing land. The frame work consists of seven tests including "The Asset
test" which asks “Are there existing community resources, such as schools etc." do not have
"spare capacity".
RESIDENTIAL DENSITY GUIDELINES FOR PLANNING AUTHORITIES
Section 1.3.5 - General Policy
“…… Higher densities must not be achieved at an unacceptable amenity cost to the surrounding
dwellings and the residents of the proposed development. A high quality of design and layout
and a good quality living environment, including availability of adequate shopping, social,
transport and leisure infrastructure, are essential if increased densities are to be acceptable.”
Section 3.6.1 - Town/Village
“In the case of residential development on serviced lands in towns or villages located in exiting
or planned quality public transport corridors, particularly those which have spare capacity in
existing facilities such as schools, shops, libraries, health centres, childcare facilities etc.,
increased densities would be appropriate in order to maximise such school social and
infrastructural investment.”
Section 5.0 - Controls and Safeguards/Section 5.1 - The General Approach
“Mix of Dwelling Types
All schemes on sites in excess of 1.0 hectare (approximately 2.47 acres) should be required to
have a variety of dwellings types.
“Quality of Pedestrian Linkages between Open Spaces and to and from Local Facilities
The provision of safe pedestrian and cycle links to enable safe access as far as possible to open
spaces and local facilities should be required. Narrow, potentially unfrequented or unsupervised
routes should not be permitted.”
KILDARE COUNTY DEVELOPMENT PLAN, 1999
Section 1.11.7a Town of Special Townscape/Heritage Character
Sallins is designated as a town of special townscape/heritage character.
Section 2.5 County Development Policy
Sallins is identified as a secondary growth with a target population of 3250 by 1996. "Council
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Sallins Community Council
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policy in relation to the expansion of these towns and towns will take into consideration the
desirability of their future expansion the availability of water and sewerage facilities to service
proposed developments, the proper provision of community facilities and the development of a
satisfactory traffic and circulation system".
SALLINS LOCAL AREA PLAN 2001
Section 1.12 - Development Vision
“The Council recognizes that the town must offer living and working conditions, educational,
recreational and cultural opportunities of the highest standard in an attractive urban environment.
The Council aims to achieve this in partnership with the people of Sallins.”
Section 1.3.5 - General Policies
“…higher residential densities will not be appropriate in every circumstance. Higher densities
must not be achieved at an unacceptable amenity cost to the surrounding dwellings and the
residents of the proposed development. A high quality of design and layout and a good quality
environment, including the availability of adequate shopping, social, transport and leisure
infrastructure, are essential if increased residential densities are to be accepted”.
Section 2.3.3 Schools
“…primary school accommodation is sufficient to meet existing demand.”
Section 2.5.2 Transportation Policy
“The basis of the Council’s roads policy will be to relive traffic congestion in the town center
and minimise through traffic in residential estates.”
Section 4.1.8 Drainage
“Developers will be required to provide efficient systems of drainage with separate surface water
drains”.
KCC File Number: 03/1354
Sallins Community Council
File Name: 96515d3c-b35c-4c15-bc70-47a3fe5e92f4.doc
3. PLANNING AUTHORITY DECISION
Following an initial application for permission 4 July 2003 and a request for further information
on 19 December 2003 Kildare County Council decided to grant permission for the proposed
development with 57 conditions attached. On 19 December 2003 the Planning Authority
requested further information.
KCC REQUEST FOR FURTHER INFORMATION
The key issues raised by Kildare County Council were:
Deficiency in the road and footpath network serving the area including capacity, width
and structural capacity of the roadway and absence of dedicated footpaths, cycle tracks
and public lighting in the area.
Density and type of development considered inappropriate at this location.
Variation in house type,
Site layout/Open Space
Concerns about the effect on adjoining residential properties
Improvement in foul, surface water and water supply services to site
APPLICANTS RESPONSE
In response to the KCC request for further information the applicant advised in relation to the
key issue raised by KCC:
Outlined the strategic context of the proposed development.
Referred to an on site meeting with Willie Hannigan, KCC Roads Department on 7 th
October 2003. It is stated at this meeting the proposed a pedestrian link to the town
through Sallins Bridge. It also states that Mr Hannigan was satisfied that pedestrian
could use Straffan Road on the footpath to be provided to reach Sallins Wood and then
reach the town center through a bridle path emerging close to the village center
Statement in relation to compliance with the RDGL, development plan in relation to
density and statement that the proposed density is not at odds with the existing patterns in
the general area.
Argument in relation to the variation of dwellings and arguing that the variation of house
type need not be made in every development.
Revised the layout in generally in accordance with FI request.
Statement that the overlooking issues identified by KCC has been addressed through the
revised layout.
KCC File Number: 03/1354
Sallins Community Council
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Outline the arrangements of the storm water disposal arrangements indicating individual
soakaways where the handover will, include an explanation document to explain he
operation of the storm drains.
KCC File Number: 03/1354
Sallins Community Council
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4. GROUNDS FOR APPEAL
SCC contend that the permission granted by KCC should be reversed for the following reasons:
NATIONAL SPATIAL STRATEGY
SCC contend the proposed development site contravenes the “Asset Test” and therefore the
Planning Authority decision should be reversed.
Fig 5.1 details a diagram relates people and social infrastructure with access to
services, see Appendix II. Appendix II outlines the current level of service in Sallins
and the required level of services by highlighting Fig 5.1. Sallins is a small town.
SALLINS LOCAL AREA PLAN 2001
SCC contend the proposed development is contrary to section 2.5.2. of SLAP 2001 and
accordingly the decision of the Planning Authority should be reversed.
This development will increase congestion in the town center on the North side of the
canal.
The junction onto Main Street is of a very poor standard and considered unsafe for
increased traffic.
Chapel Lane is blocked and no longer gives access alternative access to Town
Center.
The access road from the edge of The GAA pitch to the bend is bounded by the
protected tress in the GAA ground and the canal bank on the other side. The canal
bank is a proposed Natural Heritage Area. As a result this road cannot be upgraded
and therefore the decision should be reversed.
SCC contend the proposed development is contrary to section 1.3.5 of the SLAP 2001 as higher
densities have been achieved at an unacceptable amenity cost to the residents of the proposed
development.
The development comprises 7 blocks of terraced houses in an unimaginative layout;
the public open space is fragmented into three separate parcels, which is
unacceptable for such a small site. Public open space should be in one parcel to
allow for maximum usage by future residents. We refer to An Bord Pleanala
R202837.
SCC contend the primary school accommodation is not sufficient to meet existing demand and
therefore the decision of the Planning Authority should be reversed.
Section 2.3.3 of the SLAP 2001 states to meet the existing demand. This statement
may have been valid in 2001 but this is no longer valid. Appendix III contains a
report from the Board of Management in relation to the current status of the capacity
of the school.
KCC File Number: 03/1354
Sallins Community Council
File Name: 96515d3c-b35c-4c15-bc70-47a3fe5e92f4.doc
SCC contend the proposed storm water drainage contravenes section 4.1.8 of the SLAP 2001
and, therefore, the decision of the Planning Authority should be reversed.
Simon Clear, Planning and Development Consultant letter dated 17 October 2003
submitted on behalf of the applicant proposes “individual soak pits for each house
and that during handover of the properties to the new owners an explanation
document shall be included which will explain the operation of the soakaway and
warn against the disposal of contaminated water in to the storm drains”. Compliance
by tenants of investment properties or subsequent house owners is unworkable.
See below in relation to notification of Prescribed Bodies.
RESIDENTIAL DENSITY GUIDELINES FOR PLANNING AUTHORITIES
SCC content the proposed development poses an unacceptable amenity cost to the surrounding
dwellings and the residents of the proposed development and is contrary to the general policy of
the RDGL section 1.3.5. and, therefore, the decision of the Planning Authority should be
reversed.
The development comprises 7 blocks of terraced houses in an unimaginative layout.
The Public open space is fragmented into three separate parcels which is
unacceptable for such a small site and would render the open space less useful for
active recreation. Public open space should be in one parcel to allow for maximum
usage by future residents. We refer to An Bord Pleanala R202837.
The proposed development site, although located within 1 km walking distance of a
quality transport corridor, is not considered suitable for application of the RDGL
because of the general lack of infrastructure in Sallins.
SCC contend the proposed development contravenes section 3.6.1 of the RDGL and, therefore,
should be the decision of the Planning Authority should be reversed.
The availability of adequate shopping, social, and leisure infrastructure, are essential
if increased densities are to be acceptable and have to considered a prerequisite to
further development in Sallins.
SCC contend the proposed development contravenes section 5.1 of the RDGL in relation to the
mix of dwelling types.
Simon Clear, planning Consultants in their letter dated 17 October 2003 submitted on
behalf of the applicant recognises the proposed development does not offer a full
range of residential options. The RDGL requires all schemes over 1.0 hectares to
have a variety of dwelling types, RDGL section 5.1.
SCC contend the pedestrian access contravenes section 5.1 of the RDGL and, therefore, the
decision of the Planning Authority should be reversed.
The proposed pedestrian link would devalue the properties within Sallins Bridge.
Linking it with a poorly thought out, high-density estate with no relevant green
amenity space.
KCC File Number: 03/1354
Sallins Community Council
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The proposed development site is relying on the finished and maintained estate of
Sallins Bridge both for green amenity space, residential mix, a pedestrian link to
Sallins Town center, over-flow-parking facilities and property value.
The proposed pedestrian link path would link the self contained Sallins Bridge estate
with the back roads to Sallins leaving the houses within Sallins Bridge vulnerable
and the pedestrian link unmonitored to unsocial behaviour.
The maintained green amenity space within Sallins Bridge is at present secure for
young children to play on. The proposed pedestrian link to another estate and
unmonitored back roads would leave children at risk.
The green areas within the proposed development of a poor layout as outlined above
leading residents and their visitors to migrate to the green areas in Sallins Bridge.
Unmonitored pedestrian links between housing estate attract gatherings and unsocial
behaviour in some young adults. A number of local Authorities have an existing
policy in closing down all such routes. Sallins has according to the last census the
youngest population within Kildare. This would be a planning and societal problem
in years to come.
NOTIFICATION OF PRESCRIBED BODIES
SCC understand Waterways Ireland were not notified by the Planning Authority and therefore
the decision of the Planning Authority should be reversed.
SCC contend the development “would cause significant abstraction of water,
discharges of water or would be carried out in, over or along the banks of such
waters” (see DoELG guidelines in relation to P and D Reg 2002, Part 4) and as such
Waterways Ireland should have been notified. The initial planners report expressed
concern about potential overflow from the proposed soak pits that serve the site. It is
our understanding following discussions with the local engineer that Waterways
Ireland are very concerned about such runoff and contamination of the canal.
CHIEF FIRE OFFICER REPORT/CONDITION 55B
SCC contend the provision of turning facilities should have been agreed with planning authority
prior to granting planning permission and therefore the decision of the Planning Authority should
be reversed.
This condition relates to the reports by the Chief Fire Officer in relation to the turning
facilities for fire engines. The provision of turning facilities for fire engines could
seriously reduce the number of parking spaces provided. The provision of parking
space is at the minimum level in accordance with SLAP 2001.
LEGAL AND PROCEDURAL ISSUES
SCC content that the Planning Authority failed to instruct the applicant to post a further site
KCC File Number: 03/1354
Sallins Community Council
File Name: 96515d3c-b35c-4c15-bc70-47a3fe5e92f4.doc
notice at the proposed pedestrian link to Sallins Bridge in accordance with P and D Act 2000,
Regulation 35(2) and therefore the decision of the Planning Authority should be reversed.
Following the request for further information by KCC the applicant proposed a
pedestrian link to Sallins Bridge. Such a link has serious implications for the residents
of Sallins Bridge.
CONDITION 56
SCC contend this condition is not satisfactorily linked to any expenditure in Sallins and should
be modified accordingly.
Levies in relation to drainage, water supply, roads, open space, and car parking
associated with the development have been dealt with in other conditions. The levy in
condition 56 is therefore an additional levy that should be used to “assist the Council
in carrying out the objectives contained in this Plan”, section 4.8.1, SLAP 2001.
CONDITION 26 AND 28
SCC contend that the upgrading referred to in these should be amended to ensure upgrading
takes place prior to any development taking place similar to conditions 29, 38, 39, 40, 45, 51,
55b) and 56.
Referring to the Roads Division reports it is obvious the road is considered to be
dangerous and requires to be upgraded. The initial planners report also states this.
KCC File Number: 03/1354
Sallins Community Council
File Name: 96515d3c-b35c-4c15-bc70-47a3fe5e92f4.doc
APPENDIX II - Sallins - People and Social Infrastructure – Access to Services
EDUCATION Primary School - Present capacity inadequate for present population.
Child Care – As a result of the school crisis the pre-school facilities in the town are inadequate. There is a
day care facility in the town and a parent and toddler group run in Parish Hall
Secondary Level School – None at present. No land zoned for future school development.
HEALTH Public Health Clinic – None at present.
SECURITY Garda Station – None at present
COMMUNITY FACILITIES GAA – One pitch.
Soccer – One temporary pitch.
Playground – None at present.
Public Park – None at present. Minimal land zoned as open space.
Parish Hall – One hall. Too small to meet current demand.
PLANNING Sallins Local Area Plan 2001
RETAIL Three public houses, two restaurants, two takeaways, one off licence, one launderette, one kitchen show
room, post office with shop, one petrol station with shop.
ACCESS Railway – Good connections to Dublin.
By-Pass – None at present.
Traffic calming – Non at present, urgently required.
Pedestrian Routes/Cycling Lanes – None at present.
Access to Primary School – Very poor.
OTHER PUBLIC SERVICE Social Welfare Office – None at present.
Library – None at present. Mobile library service no longer serving town.
One stop shop – None at present.
PROFESSIONAL SERVICES Dentist Practice
GP Practice
Chemist shop
KCC File Number: 03/1354
Sallins Community Council
File Name: 96515d3c-b35c-4c15-bc70-47a3fe5e92f4.doc
KCC File Number: 03/1354
Sallins Community Council
File Name: 96515d3c-b35c-4c15-bc70-47a3fe5e92f4.doc