Manager s report on submissions received in respect of the Draft Navan Local Area Plan

Manager s report on submissions received in respect of the Draft Navan Local Area Plan 1 2011-2017 Presented to the members of Navan Town Council and Meath County Council in accordance with Section 20(3)(c) of the Planning and Development Act 2000-2010 March 2011

1.0 Introduction The purpose of this report is to detail the outcome of the consultation process on the Draft Navan Local Area Plan 1 2011-2017; to set out the Manager s response to the issues raised in the submissions made on the draft and the recommendations of the Manager on changes to the Draft Plan considered appropriate. A draft Local Area Plan was prepared for the lands in Johnstown and Athlumney which were designated as Local Area Plan 1 in the Navan Development Plan 2009-2015. The draft Local Area Plan was placed on public display from 6 th December 2010 until 1 st February 2011 and during this time submissions were invited from the public. Public advertisements were placed advising of the publication of the draft plan and a number of statutory and community organisations were informed about the draft plan. The draft Plan was available for inspection in a number of locations: Planning & Community Department, Abbey Road, Navan. Meath County Library/Navan Branch Library, Railway Street, Navan. Navan Town Council Watergate St, Navan. Johnstown Shopping Centre, Bailis. www.meath.ie A total of 12 submissions were received during the public consultation stage. This report is now formally submitted to the Council for consideration at the meeting of Navan Town Council on 1 st March 2011 and at the meeting of Meath County Council on 7 th March 2011. Following the distribution of this Report, the Elected Members have a 6 week period to consider the Manager s Report and decide whether to make the Local Area Plan, with or without modifications, or not make the plan. The Draft shall be deemed to be made, amended or revoked in accordance with the Manager s Report, unless within a period of 6 weeks from receipt of that report, the members resolve to further make, amend or revoke the plan. Where the members resolve to make material amendments to the Draft Plan, the Planning Authority shall publish details of the amendments not later than 3 weeks from making that decision. Amendments are placed on public display for a period of 4 weeks. Not later than 8 weeks from publication of the amendments the Manager shall prepare a report on the submissions received and submit same to the Elected Members for their consideration. The Members then have a further 6 weeks to consider this report and after consideration resolve to make, amend of revoke the plan. The formal making of the Local Area Plan is done by resolution of the Council. During the entire plan-making process, the Elected Members are restricted to considering the proper planning and sustainable development of the area. They must also take into account statutory obligations and any relevant Government policies and objectives in force. 2.0 Submissions Received As stated above, 12 submissions were received during the consultation period as follows: 1. Johnstown Woods Residents Association 2. Niamh Cleary 3. Dublin Airport Authority 1

4. National Roads Authority 5. Mr. Hendrik van der Kamp on behalf of Ms. Catriona Cleary 6. Johnstown Woods Residents Association 7. Department of Education and Skills 8. Department of Communications, Energy and Natural Resources 9. Declan Brassil & Company Ltd on behalf of the Estate of the late Mrs Kathleen Bourke 10. Stephen Little and Associates on behalf of Granbrind Athlumney Ltd. 11. Environmental Protection Agency 12. Navan Educate Together National School 2.2 Detailed Consideration of Submissions received Each submission is summarised hereunder and then the Manager s response and recommendation is outlined. The submissions are available for inspection in the Planning and Community Department, Abbey Road, Navan. Submission 1 Johnstown Woods Residents Association This submission is a copy of that made at the pre draft stage and addresses a number of issues including community facilities, public open space and leisure/recreational activities, residential, enhancement of movement and access networks and urban form. A second submission was made by the residents association (see submission number 6). The issues raised in the submission were considered during the preparation of the draft Plan. In relation to access to the LAP1 lands, the draft Plan includes three indicative access points which are to be provided and which would distribute traffic entering the lands across a number of routes rather than through a single entrance. However, in order to address the timing of the delivery of these and the concerns raised in the submission, it is recommended that the text of the plan should be amended to clarify that any further development within LAP1 that would give rise to extra traffic generation will only be considered acceptable if an additional access point from the adjoining local road network is provided. It is recommended to amend Section 4.8.1 (page 27) to include an additional sentence at the end of the second paragraph to state: Any proposed development in LAP1 that would give rise to additional traffic will only be considered acceptable if an additional access point is provided from either the Kentstown Road or the county road L-5050. Submission 2 Niamh Cleary The submission states that the correspondent is not opposed to a school being built but opposes the route the access road to the school would take. It is stated that the road south of Birch Lawn should not be used as a through road as children play there and it would put them at risk and it would add to the existing large volumes of traffic. It is also felt that the size of the school is too big. 2

The access road south of Birch Lawn was intended as a proposed access point to the lands in LAP1 in the previous Navan Development Plan (2003-2009) and was also indicated for this use in the current Navan Development Plan (2009-2015). Access points to the LAP lands from the Kenstown Road and county road east of St. Martha s College are also indicated in the current Navan Development Plan. All three of these are illustrated in the draft LAP and when completed will provide a number of accesses for traffic to distribute it effectively. However, in order to address the concerns raised in the submission regarding the potential for adding to existing traffic, it is recommended that the text of the plan should be amended to clarify that any further development within LAP1 that would give rise to extra traffic generation will only be considered acceptable if an additional access point from the adjoining local road network is provided. The sites for the schools need to be of adequate size to accommodation buildings which can meet the demand for places. The sizes of the school sites were informed by consultation with the Department of Education and Skills and it is not proposed to amend them at this time as it is considered necessary to ensure that adequate provision is made for school places. It is recommended to amend Section 4.8.1 (page 27) to include an additional sentence at the end of the second paragraph to state: Any proposed development in LAP1 that would give rise to additional traffic will only be considered acceptable if an additional access point is provided from either the Kentstown Road or the county road L-5050. Submission 3 Dublin Airport Authority The Authority state that they have no observations to make on the draft Local Area Plan at this time. & Submission 4 National Roads Authority The Authority state that they have no specific comments to make in relation to the draft Local Area Plan. & The submission is noted. Submission 5 Mr. Hendrik van der Kamp on behalf of Ms. Catriona Cleary The submission raises three specific issues: Conflict with the Navan Development Plan: It is stated that no rationale has been provided as to why the school should be located in a different area to that indicated in the Navan Development Plan 2009 or why the zoning objective should be different for 3

these lands than indicated in the development plan. It is also stated that the approach to zoning conflicts with requirements for the preparation of local area plans set out in the planning legislation. Re-zoning of northern portion of G1 zoned lands: The submission refers to the current use of St. Martha s College for educational use and proposals, from discussions with the Department of Education and Skills, regarding the establishment of an educational campus on the G1 zoned lands. It is stated that, while the principle to create an integrated educational campus is supported by the landowner, it is not certain whether the Department will continue to provide an educational facility in the existing St. Martha s complex or whether any of the lands located to the north of the tree lined avenue will in fact be required for education purposes. If the Department decides it does not wish to acquire the lands there is little point in maintaining the existing G1 zoning. It is therefore suggested that the G1 zoning objective for the lands north of the tree lined avenue and that include the St. Martha s complex is changed to C2 to provide for and facilitate mixed residential and business uses in edge of town locations. Re-zoning of open space zoned lands to residential: It is requested that the lands currently zoned F1 are re-zoned to A4 use ( To provide for new residential communities ). It is stated that this would allow for a greater number of dwelling houses to be built within the town development plan boundary and would achieve the protection of the main natural feature of the stream and valuable trees through the inclusion of a linear park in the residential area. The policies and objectives of the Navan Development Plan set out the requirements for the provision of educational facilities in the town. It is recognised that there is pressure for places in existing schools and this will continue in light of population trends. Within the Johnstown area, St. Stephen s School is located in temporary accommodation and St. Mary s Special School is also identified in the Navan Development Plan as being at capacity. The provision of educational facilities in the area of LAP1 is therefore critical. An application was made under Ref. NT/100032 for a school which, notwithstanding the requirements of Settlement Strategy OBJ 16, was considered acceptable by the Planning Authority. The members of Navan Town Council at their meeting of 13 th January 2011 subsequently unanimously resolved to contravene the Navan Development Plan to facilitate the development. This decision has been appealed to An Bord Pleanála. The proposed change in the zoning in LAP1 recognises the decision by Navan Town Council on the planning application. Navan Town Council and Meath County Council are committed to facilitating the timely delivery of educational facilities. The LAP recognises that a variation will be required to the Navan Development Plan to ensure full consistency between the two documents. In their pre draft submission for LAP1, the Department of Education and Skills requested that existing lands zoned educational should be retained for such purposes. Meath County Council, in co-operation with the Department of Education and Skills, has recently commenced proceedings for a Compulsory Purchase Order for lands zoned G1 within the LAP1 area, including St. Martha s College and the adjoining grounds. The need for new educational facilities in Navan has been documented in the Navan Development Plan and is recognised as being urgent. Therefore until such time as these facilities have been provided and it is clear that adequate provision has been made for educational facilities, it is not considered appropriate to remove or alter zonings that are expressly related to the provision of educational and community services. The Navan Development Plan details the household projections for Navan up to 2013 and yield of the residential zoned land in the town. It is evident that there are sufficient lands already zoned 4

to meet residential zoning requirements during that time and beyond. Thus there is no justification for the requested amended zoning from open space to residential use. Submission 6 Johnstown Woods Residents Association The submission expresses uncertainty as to the status of the proposed zoning change associated application Ref. NT/100032 as outlined in the text of the LAP. The main concern of the submission is traffic management. It is stated that there is daily traffic chaos in Johnstown Wood owing to St. Stephen s School and that traffic will increase if the new school is built without suitable traffic management including a number of entrance/exit points. The submission expresses satisfaction that the issue of traffic management was addressed in the draft LAP (map on page 14 and section 4.8) and disappointment that permission was granted for the proposed school on 13 th January without any proposed modification to the access point through Johnstown Wood. A meeting is requested with the Planning Officer concerned so that the matter can be discussed. The submission also highlights a typographical error in the name of the representative for Johnstown Wood Residents Association. At the time that the draft plan was published, a final decision on the application for the school (under Ref. NT/100032) had not been made. The report by the planning department on the application recommended that permission be granted and this was reported in the draft Plan. The report of the planning department also stated that the application would materially contravene the Navan Development Plan. In these circumstances, permission could not be granted by the Council in the normal manner. Instead, a separate legal process had to be commenced and this concluded with the members of Navan Town Council deciding whether or not to contravene the Development Plan and grant permission for the school. The draft Plan went on display on 6 th December 2010. The meeting of Navan Town Council during which the planning application was discussed was held on 11 th January 2011 and a decision to grant permission was issued on 13 th January. Appeals against this decision have since been made to An Bord Pleanála. It is considered that the second paragraph in section 4.2 should be amended in order to reflect the up to date situation regarding the application. The access and traffic arrangements for the school application made under Ref. NT/100032 were deemed acceptable by the Planning Authority. However the requirements for additional access points into the LAP1 lands as set out in the draft Plan remain and are considered necessary for the full development of the plan area. In order to address the concerns raised in the submission, it is considered that the text of the plan should be amended to clarify that any further development within LAP1 that would give rise to extra traffic generation will only be considered acceptable if an additional access point from the adjoining local road network is provided It is recommended to omit the second and third paragraphs of section 4.2 and replace them with the following text: 5

An application for a school (application ref. NT/100032) was made on a site which was zoned for a mix of A4 use (residential and ancillary use) and F1 use (open space) in the Navan Development Plan 2009. A decision to grant permission was made by Navan Town Council following the enactment of the material contravention process. At the time of writing, this decision has been appealed to An Bord Pleanála. Navan Town Council and Meath County Council are committed to facilitating the delivery of educational facilities required in the town. It is acknowledged in the Navan Development Plan that the present facilities for St. Stephen s School are unacceptable in the long term and that permanent facilities are required. In light of the decision made by Navan Town Council and in order to deliver at a strategic level the aims of the Navan Development Plan to support delivery of social infrastructure and educational facilities, the site which is the subject of this application is zoned for G1 use in this local area plan. It is recommended to amend Section 4.8.1 (page 27) to include an additional sentence at the end of the second paragraph to state: Any proposed development in LAP1 that would give rise to additional traffic will only be considered acceptable if an additional access point is provided from either the Kentstown Road or the county road L-5050. It is recommended to amend the typographical error in the spelling of the name of the representative for Johnstown Wood Residents Association in Appendix 3 to Thérèse Hogan. Submission 7 Department of Education and Skills The Department state that they are currently seeking and are actively engaged in the acquisition of sites for 4 schools in Navan as well as addressing anticipated future requirements. The Department has requested Meath County Council to acquire by Compulsory Purchase Order a 25 acre site in Johnstown on which it is proposed to locate 3 schools subject to agreement with the Council in terms of suitable land usage in the context of the LAP. The three schools are a 32 classroom school for St. Stephen s National School, St. Mary s Special School and a 1,000 pupil post primary school. It is stated that the Department are also in negotiations with a view to acquiring a 5.89 acre site at Dufflands with a view to locating Navan Educate Together National School. The Department will continue to liaise with Meath County Council in relation to addressing accommodation to ensure additional provision, above that previously stated, which is required in the coming years. Meath County Council and Navan Town Council welcome the progress that has been made in commencing Compulsory Purchase Order proceedings on lands within the LAP with a view to providing the schools facilities which are urgently required in this area. The Councils will continue to cooperate fully with the Department of Education and Skills in order to ensure that the new schools can be delivered as soon as possible. Submission 8 Department of Communications, Energy and Natural Resources The Department state that they have no comments to make at this time. 6

& Submission 9 Declan Brassil & Company Ltd on behalf of the Estate of the late Mrs Kathleen Bourke This submission is made on behalf of the Estate of the late Mrs. Kathleen Bourke, Johnstown. The Estate owns lands in the southern area of the draft LAP which are zoned for A1 (To protect and enhance the amenity of developed residential communities) and G1 (community) use. The submission welcomes the zoning of the residential property on these lands for A1 use which changes the zoning as shown in the Navan Development Plan. The land requirements for educational facilities are noted in the submission and it is stated that the Estate acknowledges the local educational requirements arising in this area and hopes to be in a position to work with the relevant authorities in delivering the Planning Authority s objectives for the area over the lifetime of the LAP. It is stated that the lands have been under the control of the Bourke Estate for generations and the subject lands are the only lands which remain under the control of the family in the Johnstown area. Immediate family members who would be considered to satisfy the local needs criteria for rural housing intend to settle in the area. However the zoning of the lands for G1 precludes or constrains the opportunity for the family to establish residences on the property. Accordingly it is requested that an area of the landholding along the frontage to the Johnstown Road is dezoned and objective G1 and reverts to unzoned land with the boundary of the Navan Development Plan and the LAP. It is also requested that lands at the southern boundary of the LAP, which are located to the south of a hedgerow marking the field boundary are dezoned as the hedgerow represents an appropriate physical boundary would be appropriate to retain for ecological, landscape and development control reasons thereby rendering the narrow strip remaining on the southern side unsuitable for unusable for development. In their pre draft submission for LAP1, the Department of Education and Skills requested that existing lands zoned educational should be retained for such purposes. The need for new educational facilities in Navan has been documented in the Navan Development Plan and is recognised as being urgent. Meath County Council, in co-operation with the Department of Education and Skills, has recently commenced proceedings for a Compulsory Purchase Order for lands zoned G1 within the LAP1 area. As per the submission from the Department of Education and Skills on the draft LAP, it is intended to locate 3 schools on these lands. However until such time as these facilities have been provided and it is clear that adequate provision has been made for educational facilities, it is not considered appropriate to remove or alter zonings that are expressly related to the provision of educational and community services. Submission 10 Stephen Little and Associates on behalf of Granbrind Athlumney Ltd. The submission is made on behalf of Granbrind Athlumney Ltd who own approximately 36 acres of land within LAP1, comprising a mix of A4, G1 and F1 zonings. The submission raises 3 principal issues: 7

Framework plan requirement: The submission refers to the objective for the preparation of a framework plan included in the wording of the A4 zoning for residential lands. It is requested that, in light of the previous zoning of these lands for residential use in the 2003 Navan Development Plan, the preparation of a Local Area Plan for the wider area and the size of the A4 zoned lands, this objective is amended. It is requested that the objective for a framework plan is omitted where the lands are planned as part of a single phased planning application but that it would be retained should two or more planning applications be required for the full development of the lands. Density and height: The submission refers to the target density of 45-50 residential units per hectare set out in the draft Plan. It is requested that the overall density be reduced to c.35 units/hectare owing to potential difficulties in achieving the higher density due to policy in terms of building height and form, the location of these lands and the requirements to comply with household targets set out in the Meath County Development Plan 2007 2013 and Navan Development Plan 2009. Community Lands: It is requested that the objective in the draft LAP for the provision of an 11 acre site for a primary school and special school is omitted and replaced with a requirement for a 5 acre site to accommodate the primary school and special school. It is argued that it is at odds with the decision to grant permission for the development of a school on lands of 5 acres within the LAP area, to serve both the primary and special school. It is stated that adherence to the requirement for an 11 acre site will only serve to further delay the provision of any development within the LAP lands to the uncertainty that this presents. The requirement for a framework plan for the lands zoned A4 in LAP1 is the same as the wording of the zoning objective in the Navan Development Plan. This requirement of the zoning objective serves to ensure that a co-ordinated and integrated approach is taken to the development of large areas of greenfield lands. Given the size of the lands involved in this case, it is considered that it would be acceptable to omit the requirement for the preparation of a framework plan only in circumstances in which a single planning application guides the development of the lands which provides full details of phasing including the delivery of services and open space in tandem with residential units, and issues such as landscaping, access, traffic management and parking, provision of footpaths, cycleways, public lighting and services. The indicative density set out in the Navan Development Plan applies to the town as a whole. There are a number of different residential zonings used in the Plan, e.g. the A5 zoning which is for low density development and the A4 category which is for higher density development. Within the confines of the general application of the 35 units per hectare standard, the density of each proposal for residential development must be appropriate to its own specific zoning objective. In this instance, the land use zoning is A4 which is to provide for new residential communities with ancillary mixed uses to include community facilities, neighbourhood facilities and employment uses utilising higher densities. The concerns expressed in relation to the need to conform to the building height and form requirements set out in the draft LAP are noted and in order to ensure that an appropriate housing mix and form is provided for in this area, taking into account the form of development on adjoining lands, it is considered that the density standard could be reduced to 40-45 units per hectare. It should be noted that as per Table 6 of the Navan Development Plan, there is sufficient residential zoned lands in Navan to meet population targets. The requirement for an 11 acre site arises from the Navan Development Plan 2009-2015. At that time, the inclusion of specific site sizes was guided by the requirements of the Department of Education and Skills (formally Education and Science). The assessment of application NT/100032 8

considered that the proposal was acceptable and a decision to grant permission was made on that basis through the material contravention process. It is insert the following text in amend Section 4.2 (page 16) into the description of the A4 zoning objective as follows (proposed new text underlined): A4: To provide for new residential communities with ancillary mixed uses to include community facilities, neighbourhood facilities and employment uses utilising higher densities in accordance with an approved framework plan. In circumstances where a single planning application is made for the development of the A4 zoned lands, the requirement for a framework plan shall be omitted where the planning application contains full details of the proposed development on these lands, including the phasing of units (to include full proposals for the delivery of services and open space in tandem with the occupation of residential units), a landscape plan, traffic management, parking and access arrangements including accesses from the local road network, provision of footpaths, cycleways and public lighting (the delivery of which must be in tandem with the occupation of residential units) and services. It is proposed to amend section 4.7 (page 26/27) as follows (proposed new text underlined and previous text strike through): Taking into account government guidelines and that the A4 zoning objective for the residential land in this LAP supports higher density development, proposals for residential development should be directed towards the upper end of the density range recommended in the DoEHLG guidelines limit of 50 units per hectare net. An overall density of the range of 45-50 40-45 units per hectare net would be appropriate although a range of densities should be provided across the site consistent with providing a mix of house types. Submission 11 Environmental Protection Agency The submission relates to various environmental issues. It advises that it is a matter for Meath County Council to determine whether or not the implementation of the Plan would be likely to have significant environmental effects and refers to the criteria set out in Annex II of Directive 2001/42/EC and Schedule 2A of the Planning and Development (Strategic Environmental Assessment) regulations 2004 in this regard. Similarly, in respect of any amendments to the draft Plan, it is a matter for Meath County Council to determine whether or not they would be likely to have significant effects on the environment. A number of issues are highlighted which should be considered during the preparation of the Plan, where appropriate. These include water; biodiversity; air; noise and climatic factors; energy conservation/renewable energy; landscape character assessment; human health/quality of life; transportation; tourism; infrastructure planning; urban waste water discharge licensing; waste management; environmental impact assessment; strategic environmental assessment; obligations with respect to national plans and policies and EU environmental legislation; and the EPA report Ireland s Environment 2008 Main Environmental Challenges. Reference is made to ENVision, the EPA s online interactive GIS map viewer which provides access to environmental information and data. 9

In proposing the Plan, and any amendments/variations thereof and implementing it, adequate and appropriate infrastructure should be in place or required to be put in place to service any development proposed and authorised during the lifetime of the particular Plan. The submission advises the Council to consult with the National Parks and Wildlife Service with regard to screening the Plan for appropriate assessment. It states that it is a matter for Meath County Council to ensure that, when undertaking and fulfilling their statutory responsibilities, they are at all times compliant with the requirements of national and EU environmental legislation and the Plan should provide for the inclusion where appropriate of the policies and recommendations of the Meath County Development Plan and Regional Planning Guidelines 2010-2022. The submission outlines the notification requirements in respect of the SEA Regulations. The draft Local Area Plan was screened for appropriate assessment and strategic environmental assessment and both screening documents concluded that no further assessment was required. Submission 12 Board of Management, Navan Educate Together National School The submission outlines the history of Navan Educate Together National School and the current accommodation arrangements for the school. It details that the current school premises are unsatisfactory and that when the lease expires in 2013, the school will need a permanent building. The Board believe that the school should be accommodated first in the lands in LAP1 which are subject to the Compulsory Purchase Order for the Department of Education. Failing that, they wish to be placed on the site owned by Granbrind Development which has permission for a school. Meath County Council and Navan Town Council welcome this submission. However the patronage of new schools is outside the control and authority of the Councils and therefore the Councils cannot make any recommendation in this regard. 3.0 List of organisations who were informed of the preparation of the Navan LAP1 Johnstown /Athlumney Spatial Policy Unit, Department of the Environment, Heritage & Local Government. Minister for Enterprise, Trade & Innovation Department of Communications, Energy & Natural Resources. Department of Education and Science Office of Public Works 10

Central Fisheries Board ESB Head Office National Heritage Council National Roads Authority. Development Applications Unit, Department of the Environment, Heritage & Local Government National Parks and Wildlife Service, Department of Environment, Heritage & Local Government Health Service Executive Department of Arts, Sports & Tourism Bord Gais Eireann Environmental Protection Agency Bus Eireann Eastern Regional Fisheries Board National Transport Authority Bord Failte An Taisce Offaly County Council An Bord Pleanála Irish Rail Commissioners of Public Works Dublin Regional Authority Kildare County Council Fingal County Council Louth County Council Department of Finance Forfas Dublin Airport Authority 11

Cavan County Council Border Regional Authority Westmeath County Council Udaras na Gaeltachta 12