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| Condition
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That no development under any permission granted pursuant to this decision be commenced until security for the provision and satisfactory completion of services, including maintenance, to the taking in charge standard of the Local Authority for Roads, Open Spaces, Car Parks, Sewers, Watermains and Drains, has been given by;-
a. Lodgement with the Council of an approved Insurance Company Bond or a Bond of any body approved by the Planning Authority in the sum of € 676,000.
OR./...
b. Lodgement with the Council of a Cash Sum of €422,500. to be applied by the Council at its absolute discretion if such services are not duly provided to its satisfaction on the provision and completion of such services to standard specifications.
OR./...
c. Lodgement with the Planning Authority of a letter of guarantee issued by any body approved by the Planning Authority for the purpose in respect of the proposed development in accordance with the guarantee scheme agreed with the Planning Authority and such lodgement in any case has been acknowledged in writing by the Council.
REASON: To ensure that a ready sanction may be available to the Council to induce the provision of services and prevent disamenity in the development.
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The development shall be carried out in its entirety in accordance with the plans, particulars, specifications, and information lodged with the application, as amended by the Additional Information received on the 17th September 2009, save as may be required by the other conditions attached hereto.
REASON: To ensure that the development shall be in accordance with the permission and that effective control be maintained.
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Shop/retail units shall be restricted to Class 1 uses of Part 4 of Schedule 2 to the Planning and Development Regulations, 2001. No shop or retail unit shall be amalgamated without a prior grant of planning permission. Any future use as a hot food take-away shall be subject to a separate planning permission.
REASON: In the interest of orderly development.
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This permission authorises 169 no. residential units.
REASON: In the interest of clarity.
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That all necessary measures including the provision of wheel wash facilities be taken by the contractor to prevent the spillage or deposit of clay, rubble or other debris on adjoining roads during the course of the works.
REASON: To protect the amenities of the area.
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That the requirements of the Principal Environmental Health Officer be ascertained and strictly adhered to in the development.
REASON: In the interest of health.
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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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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.
(a) There shall be no plant, ducting, water tanks, television aerials, satellite dishes or telephony receiving/transmission equipment erected to the exterior of the buildings or above roof level without a further grant of planning permission. All such plant shall be located within the buildings.
REASON: In the interest of orderly development and the visual amenities of the area.
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That public lighting shall be provided for in the proposed development in accordance with a scheme to be approved by Fingal County Council to their required standard.
REASON: In the interest of amenity and public safety.
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The following shall be carried out to the satisfaction of the Transportation Department of Fingal County Council:
(a). Prior to the commencement of this development the following revisions/requirements in relation to Transportation infrastructure shall be agreed in writing with the Planning Authority by way of compliance and implemented by the developer as part of the development.
(i) The layout and delineation of the car-park shall comply with the following. Two hundred and seventy seven (277) car parking spaces shall be designated for residential use only. The minimum dimensions of standard parking bays shall be 2.4m by 4.8m. Twenty four (24) car parking spaces shall be designated for the retail including one disabled and two Parent and Child at surface level.
A minimum of 1% of parking bays shall be disabled bays with minimum dimensions of 3.0m with an additional buffer of 0.3m by 4.8m.
The developer shall segregate the pedestrian and vehicular traffic at the retail area, as opposed to a shared surface.
The developer shall submit details of the loading bay area for the retail section of this development.
The detailed design of all works on the public road, including any traffic management measures and all materials, shall be agreed with the Transportation Department prior to construction.
(b) No development of any form including planting, fences or wing walls shall exceed a height of 0.9 metres within the area required to provide visibility from the site entrance point.
(c) No parking space shall be used for any purpose not directly related to the development and no parking space shall be sold, leased, licensed or sub-let in connection with any other use or purpose.
(d) Where not otherwise agreed or specified the roads and footways servicing the development shall comply with the “Recommendations for Site Development Works for Housing Areas” (current edition) published by the DOEHLG).
(e) Roads and their junctions within the development shall be marked and signed in accordance with the current edition of the ‘Traffic Signs Manual’ published in 1996 by the Dept of Environment [DoE]. Road markings shall comply with the specifications contained in the ‘Guidance on Tender Documentation for Road Marking Materials’, published by the DoE (2000) and in Fingal County Council’s Minor Works Tender 2005.
(f) The underground car-park shall comply with the current edition of ‘Design Recommendations for Multi-Storey and Underground Car-Parks’ published by the Institution of Structural Engineers, UK.
(g) All stormwater shall be disposed of to soakpits or natural watercourse within the site and shall not discharge onto the public road.
(h) All the above works shall be carried out at the developer’s expense according to the Specification and Conditions of Fingal County Council.
REASON: In the interest of the proper planning and development of the area.
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The water supply and drainage infrastructure including the disposal of surface water shall comply with the technical requirements of the Planning Authority. In particular the following requirements of the Water Services Department shall be complied with in this development.
Foul Sewer
1. No foul drainage shall discharge into the surface water system under any circumstances.
2. The foul drainage shall be in compliance with the ‘Regional Code of Practice for Drainage Works Version 6.0’ FCC April 2006.
Surface Water
1. No surface water / rainwater shall discharge into the foul sewer system under any circumstances.
2. Details of most appropriate underground storm water attenuation system shall be agreed prior the commencement of construction in order to achieve the optimum maintenance solution.
3. The surface water drainage shall be in compliance with the ‘Regional Code of Practice for Drainage Works Version 6.0’ FCC April 2006.
4. In the interest of water conservation and prevention of water wastage the applicant shall examine re-using surface water run-off on the site. Details are to be submitted for written approval prior the commencement of construction.
Water Supply
1. All water fittings and installations shall incorporate best current practices in water conservation.
2. All houses and apartments shall have 24 hour storage and individual water services to each unit.
3. All commercial units shall have individual metered supplies with 24 hour storage. This includes shop/office units within apartment complexes.
(i) The hours of operation on the construction site shall be restricted to 8.00a.m. to 6.00p.m., Monday to Friday, and 8.00 a.m. to 2.00p.m. on Saturdays.
(ii) No activities shall take place on site on Sundays or Bank Holidays.
(iii) No activity, which would reasonably be expected to cause annoyance to residents in the vicinity, shall take place on site between the hours of 6.00pm and 8.00am.
(iv) No deliveries of materials, plant or machinery shall take place before 8.00a.m. in the morning or after 6.00p.m. in the evening.
(v) No outdoor burning shall occur on site. Site must be secured to prevent access.
(vi) During the construction phase, all necessary steps shall be taken to contain dust and airborne pollutants arising from the site and to prevent nuisance to persons in the locality. This shall include i) covering skips, ii) covering slack heaps, iii) netting of scaffolding, iv) regular road and pavement damping and sweeping, v) use of water spray to suppress dust, vi) proper paved or hard stand access for trucks and vehicles to and from the site to prevent dirt and dust from the site being carried from the site on to public roads etc.
In the interests of both public health and the environment the above guidelines shall be included in the work policy of those undertaking all large and small building. These details must be made known to all developers’ contractors and sub-contractors.
REASON: In the interests of public health and residential amenity.
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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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Prior to the commencement of development, the developer shall submit a formal Project Construction and Demolition Waste Management Plan to the Environment Department for agreement prior to Commencement Notice stage. This plan shall, inter alia, include the information recommended in sections 3.2, 3.3 and 3.4 of the document titled ‘Best Practice Guidelines on the Preparation of Waste Management Plans for Construction and Demolition Projects’ published by the Department of Environment, Heritage and Local Government.
REASON: In the interests of the reduction and best practice management of construction and demolition waste from the proposed development.
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That the developer shall pay the sum of € 268,850. to the Planning Authority in respect of the proposed Metro West Scheme. This contribution shall be paid prior to the commencement of development or in such a manner as may otherwise be agreed in writing with The Planning Authority. The rate of contribution payable shall be that pertaining to the particular year in which implementation of the planning permission is commenced. The Supplementary Development Contribution Scheme provides for an annual increase in the level of contribution payable, as outlined in the Scheme, by a factor of 5% compound interest per annum. The levels of contribution will be reviewed annually on the 1st of January of each year during which the Scheme is in force, to take account of the aforementioned increase.
REASON: To part finance the proposed Metro West Scheme as provided for in the Supplementary Development Contribution Scheme made for the area of the proposed development under Section 49 of the Planning and Development Act, 2000.
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No unit shall be occupied until;
a) The play facility and area of open space to the west of Block 1 have been completed to the satisfaction of the County Council and are made available for use by residents as per the ‘Landscape Masterplan’ Drg. No. 1206-300-Rev7 bearing the Fingal County Council date stamp 17th September 2009.
REASON: In the interest of orderly development and residential amenity.
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The crèche proposed under application FW09A/0021 shall be delivered in tandem with the development it shall serve (i.e. the residential development the subject of this application and the residential development permitted under Reg. Ref F05A/1533 & PL06F.214886). In this regard the crèche shall be operational not later than the occupation of the first 120 dwellings that it serves. Details showing compliance with this condition shall be submitted for the written agreement of the Planning Authority.
REASON: In the interest of proper planning and sustainable development.
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The proposed boundary treatments shall be carried out in accordance with Site Plan Drawing No. 01005.1PL03C and Landscape Masterplan Drawing No. 1206-300-Rev7, save for the amendments set out below:
(a) The southern boundary to the front of Blocks 2C and 2E shall consist of a 1.4m high railing only which shall be located behind the existing hedgerow and proposed tree planting at this location.
(b) The proposed boundary treatment to the east of Block 2B along the Clonsilla Link Road consisting of a 2m high plinth wall and railing shall be omitted and replaced with a 1.4m railing and augmented with semi-mature tree planting.
(c) All measures shall be taken to protect and retain the existing trees and hedging throughout the site and in particular along the southern and western boundaries of the site. Where the loss of trees and/or hedging is unavoidable their removable shall be strictly in accordance with the ‘Arboricultural Implication Assessment’ bearing the Fingal County Council date stamp of 17th September, 2009 and in all cases the existing boundaries shall be augmented with new planting to be agreed in writing with Parks Department.
Revised drawings showing compliance with these requirements shall be submitted to the Planning Authority for written agreement prior to commencement of development.
REASON: In the interest of the proper planning and sustainable development.
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(a) Garden walls in block or similar durable materials not less than 2 metres high, suitably capped and rendered on both sides shall be provided between dwellings so as to separate rear gardens from each other.
(b) The front boundaries to all dwellings shall remain open plan and no walls/fences/railings shall be erected within a prior grant of permission.
REASON: In the interest of visual amenity.
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Having regard to the provision of small rear garden sizes and narrow frontage houses, notwithstanding the exempted development provisions of the Planning and Development Regulations 2001 (or any amendment or replacement of said Regulations), no additional development whatsoever shall take place within the curtilage of residential unit nos. G1, G2, G3, B4, G5, A6, B7, B8, A9, A10, B11, B12, A13, A14, A15, A16, B17, B18, B19, B20, A21, A24, A25, C26, D27 and C28 without a prior grant of planning permission.
REASON: In the interest of residential amenity and orderly development.
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Prior to the commencement of development, the applicant shall submit and agree in writing with the Housing Department, Fingal County Council detailed proposals for compliance with Section 96 of the Planning and Development Act 2000 (as amended), regarding the provision of social/affordable housing for this site.
REASON: To secure compliance with the requirements of Part V of the Planning and Development Act 2000 (as amended) and the County Development Plan objectives relating to housing.
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That details of the Management Agreement for the maintenance and control of the site for areas to be taken in charge by Fingal County Council and those areas which shall be maintained by the management company shall be submitted and agreed with the Parks Department prior to the commencement of development.
REASON: In the interest of the proper planning and sustainable development of the area.
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Prior to commencement of development, details of the materials, colours and textures of all the external finishes to all of the proposed buildings and hard surfaces for the development, as well as details of wall boundaries of and within the site, shall be submitted to and agreed in writing with the Planning Authority. All external doors and windows shall be manufactured from a sustainable source, i.e. European hardwood timber/aluminium and not uPVC. Sample panels of the external finish materials shall be erected on site for inspection by the Planning Authority prior to their employment on site.
REASON: In the interest of orderly development and the visual amenities of an area of special sensitivity.
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Prior to commencement of development the applicant shall submit for the written agreement of the Planning Authority a detailed design brief for signage upon the proposed retail buildings/units. This brief shall include details of size of proposed signage facades and number and location of proposed signs. In this respect signage shall not be internally or externally illuminated. No advertising signs or structures except those which are exempted development shall be erected without the prior agreement of the Planning Authority, or An Bord Pleanala on appeal.
REASON: In the interest of visual amenity and traffic safety.
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Prior to the commencement of development an acceptable bilingual naming and numbering scheme for the proposed development shall be submitted for the written agreement of the Planning Authority. The naming scheme shall reflect local historical place names.
REASON: In the interest of the residential amenities of the area.
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All residential units shall meet and/or exceed the minimum requirements with regard to floor area, room sizes, balcony size/ private open space provision and internal storage space as outlined within the DoEHLG Sustainable Urban Housing: Design Standards for New Apartments
REASON: In the interest of the residential amenities of the area.
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All landscaping as indicated within Site Plan Drawing No. 01005.1PL03C, Landscape Masterplan Drawing No. 1206-300-Rev7 and Drawing No. 1206-301-Rev7 shall be carried out and completed no later than the first planting season after the occupation of the first retail or residential unit, that is whichever is the first occupied.
REASON: To ensure the landscaping is carried out within the reasonable time and in the interest of visual amenity.
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Each residential unit shall be used as a single dwelling unit and shall not be interconnected or merged.
REASON: To prevent unauthorised development
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No subdivision of the proposed retail units shall take place without the prior agreement of the Planning Authority, or An Bord Pleanala on appeal.
REASON: In the interests of the proper planning and development of the area.
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No canopies, or external roller shutters of any kind shall be erected on the retail units. Any roller shutter erected on the premises’ shall be installed internally and located behind the glass or behind the display. Any shutter shall be perforated design and shall be finished in colour to accurately match the shop front.
REASON: In the interests of visual amenity.
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That adequate provision shall be made to facilitate access to and use of the development of building, facilities and services by people with disabilities. A minimum requirement shall be as set out in Part M of the Building Regulations and the Guidelines by the National Rehabilitation Board.
REASON: In the interest of amenity and public safety.
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That a financial contribution in the sum of € 447,739. shall be paid by the applicant to Fingal County Council towards the cost of amenity works in the area in lieu of the shortfall in public open space provision ( 6,040 sq.m. Class 1 and sq.m. Class 2) within the proposed development. The phasing of payments and the giving of security to ensure payment shall be agreed in writing with the planning authority prior to the commencement of development.
REASON: To achieve the Public Open Space Objectives and in the interest of the proper planning and development of the area.
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The developer shall pay the sum of €443,733. to the planning authority in respect of the proposed Clonsilla to Dunboyne (Pace) Railway Line. This contribution shall be paid prior to the commencement of development or in such a manner as may otherwise be agreed in writing with the planning authority. The rate of contribution payable shall be that pertaining to the particular year in which implementation of the planning permisssion is commenced. The Supplementary Development Contribution Scheme provides for an annual increase in the levels of contribution payable, as outlined in the scheme, by a factor of 5% compound interest per annum. The levels of contribution will be reviewed annually on the 1st January of each year during which the scheme is in force, to take account of the aforementioned increase.
REASON: To part finance the proposed Clonsilla to Dunboyne (Pace) Railway Line as provided for in the Supplementary Development Contribution Scheme made for the area of the proposed development under Section 49 of the Planning and Development Act, 2000.
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The developer shall pay the sum of € 2,177,547 (updated at date of commencement of development, in accordance with changes in the Tender Price Index) to the planning authority as a contribution towards expenditure that was/or that is proposed to be incurred by the planning authority in respect of public infrastructure and facilities benefiting development in the area of the Authority, as provided for in the Contribution Scheme for Fingal County made by the council. The phasing of payments and the giving of security to ensure payment shall be agreed in writing with the planning authority prior to the commencement of development.
REASON: It is considered reasonable that the payment of a contribution be required in respect of the public infrastructure and facilities benefiting development in the area of the planning authority and that is provided, or that is intended will be provided, by or on behalf of the Local Authority.
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