Following recent discussions, I became increasingly conscious that the problem at this location is in large part one of urban design, and therefore I submitted two motions to try to get work done on the design. The Area Committee has agreed to have design work done on this open space. I believe we can come up with a design which will meet all of the concerns from various residents of the estates and of the wider Baldoyle area.
submitted two motions to try to get work done on the design, which came up at the Area Committee meeting on 20th April.
"That in the light of problems of anti-social behaviour at the open space between Castlerosse and Admiral Park that the next Area Committee invite the Garda Siochána to send a representative to discuss the issue and that the Manager bring forward a report on the security measures taken at the pumping station and come forward with proposals in relation to the design and lighting and maintenance of the open space with a view to coming up with a strategy to reduce the incidents of anti-social behaviour at this location."
"That given that the open space bounded by Castlerosse, Admiral Park, Grange Road and the Millennium Park was never designed as an open space and amounts to little more than left over bits of land after the housing was inserted and the stream culverted, the Council draw up a brief to engage a landscape architect, urban designer or similar expert to advise on possible design solutions."
The Parks Department in reponse was confident that it has the necessary expertise in house and there is no need to get outside expertise. Following discussion, it was agreed by the Committee that design work would be done to come up with redesigns for the open space to improve the open space and minimise the potential for nuisance in response to two alternative briefs:
a) providing access from Grange Road to the new park and pitches, and blocking access from Castlerosse or Admiral Park, and
b) providing access from Grange Road to the new park and pitches, and between Castlerosse and Admiral Park and to the new park and pitches
The third option of maintaining the status quo would require an alteration to the planning permission. It has already been decided, at the request of a group of residents, to put this option on public display. At February’s meeting, the Area Committee agred to put a proposal to vary the planning permission on public display. In response the Manager stated that he would have to get the views of the Council’s Law Agent. The following response was received:
When phoning or calling please ask for Mary Crealey ext. 5500
Our Ref: “MC” Law
c.c. Michael Lynch
c.c. Gerry Fitzgerald
5th April 2006
Re: Castlerosse/Admiral Park public open space, Baldoyle.
I refer to my Advice of the 1st December last in relation to the above matter and to the recent request for a further opinion on the question of initiating the part XI procedure in relation to the matter. When I gave the opinion on the 1st December last I had not been furnished with the decision of An Bord Pleanala incorporating a condition in relation to the two open spaces, but my firm instructions were that it was the same as the condition in the original planning permission. I have now obtained a copy of this decision and condition no. 8 of same states that “the developer shall pay a sum of money to Fingal County Council as a contribution towards the expenditure that is proposed to be incurred by the Council in respect of the provision of piping the main water drainage channel adjacent to the site, the removal of temporary fencing and the completion and integration of open space areas facilitating the proposed development. The amount of the contribution and the arrangements for payment shall be as agreed between the developer and the Council or in default of agreement shall be determined by An Bord Pleanala.
Payment of this contribution is subject to the provisions of Section 26(2)(h) of the Local Government (Planning and Development) Act 1963 generally and in particular, the specified period for the purposes of paragraph (h) shall be the period of 10 years from the date of this order.
Reason: It is considered reasonable that the developer should contribute towards the expenditure proposed to be incurred by the Council in respect of works facilitating the proposed development”.
Section 26(2)(h) of the 1963 Act states that conditions may be imposed “requiring contribution (either in one sum or by instalments) towards any expenditure (including expenditure on the acquisition of land) that is proposed to be incurred by any local authority in respect of works (including the provision of open spaces) facilitating the proposed development, subject to stipulations providing for-
(i) where the proposed works are, within a specified period, not commenced the return of the contribution or the instalments thereof paid during that period (as may be appropriate),
(ii) where the proposed works are, within the said period, carried out in part only or in such manner as to facilitate the proposed development to a lesser extent, the return of a proportionate part of the contribution or the instalments thereof paid during that period (as may be appropriate), and
(iii) payment of interest on the contribution or any instalments thereof that have been paid (as may be appropriate) so long as and in so far as it is or they are retained unexpended by the local authority.”
Therefore the condition imposed by An Bord Pleanala does not make it mandatory on the Council to integrate the open spaces in question but under the provisions of Section 26(2)(h) the return of some of the contribution paid towards the work by the developer together with interest may have to be made to the developer if the works are not carried out within a 10 year period from the date of the decision of An Bord Pleanala of 3rd March 1997.
My instructions in relation to this matter are that there is considerable disagreement among the residents in Castlerosse/Admiral Park in relation to the integration of the open spaces.
Due to the nature of condition no. 8 in the decision of An Bord Pleanala in relation to the open spaces, it would now be possible for the residents of Castlerosse/Admiral Park, having legally constituted themselves, and with the consent of Fingal County Council to make a planning application in relation to the open spaces.
I have to say I am surprised by this advice. The question which was asked was whether the planning permission could be changed by a part XI procedure. The answer given seems to refer to changing the planning permission by the residents applying for new permission. The question I thought the legal advice was to answer doesn’t seem to be addressed at all! Nor have we been given an indication of when, if at all, the proposal is to go on public display.