Port Company's application rejected with €155k of costs
Councillor Gerry Breen Chair Dublin Bay Watch
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Port Company's application rejected with €155k of costs |
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Councillor Gerry Breen Chair Dublin Bay Watch
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An Bord Pleanála rejected the Dublin Port Company’s application to infill and develop over 95 acres of the inner bay of Dublin.
Welcoming the decision, Chair of Dublin Bay Watch Councillor Gerry Breen commented “Hopefully this decision will see the end of the 40 year old folly of the Port Company of attempting to infill the Bay. Now we can turn to shape a vision for the Bay which accords with the hopes and ambitions of the people of Dublin.”
The reason for refusal by An Bord Pleanála was the proposed designation of the site as a SPA(Special Protection Area) under the Birds Directive. Please see below full text of decision.
Ends
An Bord Pleanála
STRATEGIC INFRASTRUCTURE DEVELOPMENT
An Bord Pleanála Reference Number: 29N.PA0007
(Planning Authority: Dublin City Council)
APPLICATION for permission under section 37E of the Planning and Development Act, 2000, as amended, in accordance with plans and particulars, including an Environmental Impact Statement, lodged with An Bord Pleanála on the 29th day of August, 2008 by Dublin Port Company care of McCabe Durney Barnes of 56 Fitzwilliam Square, Dublin.
PROPOSED DEVELOPMENT: The development of additional port facilities with access to deepwater berths at the north-eastern part of Dublin Port, off Alexandra Road Extension, Dublin 1, involving:
(i) The reclamation of 21 hectares of foreshore within Dublin Port for port purposes including the construction of 21 hectares of hard standing (including 8.4 hectares of jointed reinforced concrete to the load-on/load-off container yard and 11.3 hectares flexible pavement to the roll-on/roll-off yard) to accommodate containers as well as heavy and other goods vehicles and cars awaiting embarkation on ships or goods vehicles disembarking from ships awaiting collection containing 559 number goods vehicle parking bays, 6,290 linear metres of queuing lanes, capacity to accommodate 5,635 number full containers stacked five high (12.95 metres overall height) and 1,440 number empty containers stacked six high (15.54 metres overall height) as well as 60 number staff parking bays.
(ii) The construction of a 1,025 metre length of solid quay wall to the eastern and southern boundaries of the site and the construction of a 500-metre long rock armour revetment to the northern boundary of the reclamation area. The installation of a 340 metre long berthing pier and two number double-tier linkspan roll-on/roll-off ramps and approach structures projecting from the eastern quay.
(iii) The provision of four number 60.5 metre high container handling cranes, three number reefer gantries and six number rubber-tyred gantries both types are 25 metres high to their highest point.
(iv) The construction of a two-storey terminal services building of 831 square metres, a single-storey gate control office of 109.13 square metres, a two-storey load-on/load-off operations office of 285 square metres, a single-storey port operators office of 4.5 square metres, a two-storey maintenance building of 698.4 square metres and three number single-storey electricity sub-stations, two of 61.8 square metres each and one of 99 square metres.
(v) An extension to the existing railway line to secure connectivity with the national rail network and extension to existing roadways as well as the demolition of an existing prefabricated office building.
(vi) The provision of a 500 metre long stretch of landscaping screening and gabion wall with a crest height of +14 metres over chart datum (CD) along the northern boundary as well as fencing around the proposed development.
(vii) Associated infrastructure and services including nine number 45 metre high mast lights on the southern side of the hard standing and 25 number 25 metre high mast lights on the northern section of the hard standing.
(viii) Dredging over an area of 220,000 square metres involving a volume of 1,475,000 cubic metres of materials at the southern and eastern berths and the approaches from the main channel.
The proposed development is located at the eastern extremity of the northern side of the port area, off Alexandra Road Extension, Dublin 1 and is adjacent to an existing Special Protection Area and within an area which has been proposed for designation as a Special Protection Area. Access to the proposed development is through the existing road network within the northern part of the port estate. As amended by the significant additional information in relation to the application received by An Bord Pleanála on the 30th day of April, 2009.
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 the submissions and observations received by it in accordance with statutory provisions.
The proposed development is partly within the South Dublin Bay and River Tolka Estuary proposed Special Protection Area (pSPA), designated under the Birds Directive. On the basis of the submissions made in relation to the proposed development, it is considered that
(a) the significance of the permanent loss of wetland habitat from the pSPA arising from the proposed development has not been clearly or adequately established,
(b) the full extent of long-term changes to the morphology, sediment regime and consequent impacts on the benthic food resource within the Tolka Estuary as a result of the hydrodynamic changes generated by the proposed development has not been adequately established,
(c) the significance of the development site for use by bird species that are qualifying interests for the pSPA has not been clearly established, and
(d) the significance of the permanent loss of the benthic food resource as a result of the proposed development has not been adequately established.
Accordingly, the Board is not satisfied that the proposed development would not adversely affect the integrity of the South Dublin Bay and River Tolka Estuary pSPA and is not satisfied that it would not adversely affect the natural heritage of Dublin Bay, contrary to the proper planning and sustainable development of the area.
The Board decided not to accept the Inspector’s recommendation to also refuse permission on the grounds of the implications of the proposed development for balanced regional development and the need to avoid monopolistic conditions. The Board did not accept the Inspector’s view that national policies would indicate refusal of planning permission for the proposed port development. The Board noted that Dublin Port directly serves the major population centre on the island of Ireland and the heavy infrastructural investment, in terms of road and rail links, that has already been made to serve Dublin Port, in particular the Port Tunnel. The Board considered that the expansion of Dublin port would not in overall terms be contrary to Government policies:
The National Spatial Strategy, 2002-2020, recognises the importance of the future success of the Greater Dublin Area economy in the life of the State. The continued health of Dublin is stated to depend, in part, on good international access, including through Dublin Port. Although commenting on the limitations in the capacity of the port and referring to possible alternative development at other ports, the Spatial Strategy does not advocate any specific limit on the development of Dublin Port.
The Department of Communications, Marine and Natural Resources Ports Policy Statement, 2005, advocates competition between ports and, in this context, accepts that the provision of surplus capacity is a concomitant of such policy.
The National Development Plan, 2007-2013, points to the critical importance of Ireland’s commercial seaports and indicated that there would be a comprehensive study of the role of Dublin Port, taking account of locational considerations, in the context of overall ports policy on the island of Ireland, wider transport policy, urban development policy, the National Spatial Strategy and national economic policy.
The Dublin Port National Development Plan Study, July 2009, which was undertaken by Indecon Economic Consultants concluded that additional port capacity will be required in Ireland and did not recommend that any limitations be placed on the expansion of Dublin port at this stage.
In relation to the capability of Dublin Port to handle larger ships, the Board concluded that this is not a consideration which would warrant a refusal of planning permission for the development as proposed.
The Board also decided not to accept the Inspector’s recommendation to refuse permission on the grounds of the unacceptable risk of flooding of the Clontarf area (due to wave conditions). The Board noted that the Clontarf area is already at risk of flooding and that a flood relief scheme by the City Council has been approved to respond to this problem. The Board accepted the applicants’ position that the proposed development would not result in a significant increase in flooding risk in the area and considered that, in the event of the development being otherwise acceptable, its commencement could be linked to the flood relief scheme.
The Board also decided not to accept the Inspector’s recommendation to refuse permission on the grounds of the occurrence on the site of the sand mason worm, which may indicate the presence of a reef, an Annex 1 habitat under the Habitats Directive. The Board considered that, in the event of the development being otherwise acceptable, this matter could be addressed by way of further information.
The Board also determined the costs as set out in the attached Appendix 1 and Schedule of Costs.
SCHEDULE OF COSTS
In accordance with section 37H of the Planning and Development Act 2000, as amended, the Board requires the following costs to be paid by the applicant-
To An Bord Pleanála towards the cost €130,387
of determining the application
To Dublin City Council as a contribution €7,069
towards reasonable costs incurred in
consideration of the application
To Dublin Bay Watch as a contribution €9,000
towards reasonable costs incurred in
consideration of the application
To Clontarf Residents Association as a contribution €9,000
towards reasonable costs incurred in
consideration of the application
Total: €155,456