Development Proposal at 30, Old Kilmainham, Kearns Place, Kilmainham, Dublin 8.

2019 Development Proposal at 30, Old Kilmainham, Kearns Place, Kilmainham, Dublin 8.

Town Planning Report Planning Report to accompany planning application lodged with Dublin City Council on behalf of Ladas Property Company Ltd for a hotel development.

Manahan Planners 38 Dawson Street, Dublin 2 11/11/2019

Introduction This Planning Report has been prepared in connection with a planning application by Ladas Property Company Limited for the development of a new building for use as a hotel on a brownfield site at 30, Old Kilmainham, Kearns Place, Kilmainham Dublin 8.

Figure 1: Site Location Map

In summary, the proposal consists of 80 bedrooms spread over 6-storeys over basement with the top floors set back, hotel restaurant and roof top cafĂŠ, car and bicycle parking and separate waste management facilities.

This report seeks to explain the proposed development and then assess the proposal against the relevant planning criteria.

Site Context The subject site is a corner site with a single storey industrial type building of 1,100 sq.m with ample road frontage (80m). Currently, the site consists of a single-storey industrial/warehouse type structure with a single-storey reception/office to the front. There is surface car parking in the front and west of the site. It was in use as a garage/car salesroom but is now vacant. The main access is taken off Old Kilmainham Road. The site is bounded to the north by the southern bank of the river Camac.

The subject site is less than 3.5 km from Stephen’s Green and 13.5 km from Dublin Airport. The nearest red line LUAS stop is located 750m away and a bus stop stands 3 minute walk away, which is serviced by the 13 and 40 bus.

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Figure 3: existing single-storey industrial structure

This corner site bounded to the north by 3 to 4 storey residential development while 3-5 storey commercial buildings are located east of the site. The southern section of the site fronts onto Old Kilmainham Road. A row of small two-storey terraced dwellings with rear yards run along the western boundary of Kearns Place west of the site.

The surrounding area is largely characterised by an urban mix form of development with residential and commercial/warehouse uses. There is no predominant residential style but a variety of types ranging from terraces to apartments.

The subject site is designated Objective Z6 in the Dublin City Council Development Plan 2016-2022 which seeks to "To provide for the creation and protection of enterprise and facilitate opportunities for employment creation�.

It is noted that the subject site is in a transitional zone adjacent to residential development designated with a Z1 zoning. Hotel use is a Permitted Use under the Z6 zoning.

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Figure 4: Extract from Dublin City Development Plan 2010-2016 with site outlines in red

One of the primary objectives behind this zoning is to facilitate long-term economic development in the city region. The uses in these areas should create dynamic and sustainable employment’.

Planning History A planning history search of the subject site was carried out using the Dublin City Council online planning search facility. The following are the relevant planning applications associated with the site.

(Reg. Ref. 0028/01) Retention permission was sought in January 2001 for a sign and light system.

The Council refused permission due to its visibility from Old Kilmainham Road. It was considered the proposal would by reason of its size, scale and illumination detract from the buildings and the streetscape of this zone and be contrary to visual and residential amenity of this area and as such would be contrary to the proper planning and development of this area. Also, it was considered that the proposal would set, create an undesirable precedent for existing and proposed commercial business premises in the immediate area. The proposed development would therefore be contrary to the proper planning and development of this conservation area.

(Reg Ref. 4048/08) A planning application was lodged in August 2008 for the demolition of the existing car showroom and associated offices (1,100sqm) and the construction of a mixed-use development of 5 to 6 storey over basement incorporating 6,841sqm gross floor space including 5,613sqm of commercial/office space and 4no. penthouse residential units; vehicular access to the development via ramp to basement from Kearns Place; connection to existing site services; and ancillary site development works. The new building will comprise as follows; basement level accommodating 30sqm of retail circulation space, 28 private parking spaces, 70 bicycle stands, bin storage and ancillary plant rooms; 1,239sqm of commercial/offices with associated signage at ground floor level; 1,313sqm of commercial/offices at first floor level; 1,271sqm of commercial/offices to the second floor; 1,082sqm of commercial/offices at third floor level; 363sqm of commercial/offices at fourth floor level; 4 Manahan Planners

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residential penthouse units (1no. 2 bed unit and 3no. 3 bed units) each with private balconies and open space at fourth floor level; and 315sqm of commercial/offices at fifth floor level. The proposed building is set back a minimum of 5m from the existing water edge to accommodate a new public pedestrian walkway to the Camac river edge along the north site boundary accessed from Kearns Place.

Dublin City Council decided to Refuse Permission for the following reasons: The proposed development, by virtue of the loss of sunlight, daylight and aspect which would result to adjoining residential occupiers, both at Kearns Place and the existing apartment block to the north of the site, would be seriously injurious to the residential amenities of these adjoining occupiers, thus being contrary to the provisions of the Dublin City Development Plan (2005) and to the proper planning and sustainable development of the area.

2. Notwithstanding the proposed setbacks at the upper levels, the proposed development, by virtue of its scale and bulk and the unduly horizontal emphasis it would present when viewed from Old Kilmainham and Kearns Place, would be out of keeping with the character of the existing streetscape and unduly overbearing when viewed in the context of this streetscape, thus being seriously injurious to the visual amenities of the area and to the proper planning and sustainable development of the area.

1.

(Reg. Ref. 3241/09) Permission was granted for demolition of the existing buildings on the site and construction of a mixed use development in two blocks, i.e. a three-storey block A and a four-to-five storey over basement block B (total floor area 5,151m2). The proposal included 200m2 of circulation space for retail, commercial and enterprise uses at basement level together with 21 car parking spaces, bicycle spaces, refuse storage and ancillary plant rooms. The proposal was for 1,115m2 of retail, commercial, office or enterprise space at ground floor level, together with associated signage, 1,026m2 of commercial, office or enterprise floorspace at first floor level, 740m2 of commercial/office space at second floor level, 730m2 at third floor level and 515m2 at fourth floor level. The proposal also included provision of a new pedestrian walkway along the southern bank of the river Camac at the northern boundary of the site, with a new vehicular access from Kearns Place, two public parking spaces and a loading bay at Kearns Place. Revised drawings were submitted following a request for additional information; however, the overall floorspace permitted was as originally sought (i.e. 5,151m2 ). The decision to grant permission was appealed to An Bord Pleanala who granted permission subject to conditions. A ten-year permission had been sought but a fiveyear permission was granted.

(Reg. Ref. 3241/09/x1) The same applicants then sought an extension in the duration of the permission above (3241/09), for five years. An appropriate assessment screening and a bat survey had been submitted with the application. The Council granted the extension in the duration of the Permission for another five years until 27th of June 2020.

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The Proposal The Statutory Notices lodged with the application states the proposal involves the following.

Dublin City Council - Planning permission is sought by Ladas Property Company Limited to carry out a development at site known as 30 Old Kilmainham, bounded by Kearns Place, Kilmainham, Dublin 8.The development involves the demolition of the existing single storey building, (1,100 sq.m) last used as a motor business, and its replacement with the construction of a 6 storey over basement hotel. The new building (with a total floor area of 4,498,9 sq.m) will contain 80 bedrooms in total, parking for 8 cars plus services for the hotel at basement level, a reception area, hotel restaurant, common areas and a commercial unit of 152.52 sq. m., bicycle parking and waste collection point all at ground floor level, 22 bedrooms at first, second and third floor level, 7 bedrooms and a roof top cafĂŠ and landscaped roof terrace accessible to hotel guests at fourth floor level, and 7 further bedrooms at fifth floor level. There will be a semi private amenity walk alongside the river Camac and ESB substation at ground floor level. The proposed development will contain SuDS measures including green roof, permeable paving and attenuation tank, flood compensation storage and flood defenses at basement level and all other ancillary works and plant to service the hotel.

The current application reduces the proposal from the previously refused proposal of a mixed-use development of 5 to 6 storey over basement incorporating 6,841sqm gross floor space to a proposal where the majority is 4 storey in height with 2 limited setback extra floors so that the floor area is 4498.9 sq.m.

This is closer to the approval (which remains alive up to June 2020) of a four-to-five storey over basement block (total floor area 5,151m2) which has been approved by both the Planning Authority and An Bord Pleanala. All applications set the proposed building away from the river so as to provide an amenity riverside walkway.

Pre Application Consultation The applicants submitted draft drawings of the proposal to the Planning Authority. The Area Planner responded by noting that the proposal (Hotel) was a permissible use under the zoning designation and that there was a proposal for a similar building already approved on the site and which will expire in 2020.

The Area Planner stated that any new application should be accompanied by a daylight and overshadowing study which addressed the impact of the building on adjoining residential properties.

Moreover the Area Planner noted that the site was in a flood risk zone and this matter needed to be addressed in the application by way a suitable covering report.

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Planning Considerations Land Use/Zoning As outlined above, the proposed development is located within an area with a Z6 zoning designation where Hotel use is a Permitted in Principle land use as per the current Development Plan.

Section 14.8.6 considers Z6 lands to constitute an important land bank for employment use in the city, which is strategically important to protect. The primary objective is to facilitate long-term economic development in the city region and these uses include innovation, creativity, research and development, science and technology, and the development of emerging industries and technologies, such as green/clean technologies.

Within the Z6 zoning, the following development principles apply, in addition to complying with land-use zoning: 

Employment: To create dynamic and sustainable employment areas. Any redevelopment proposals on Z6 lands should ensure that the employment element on site should be in excess of that on site prior to re-development in terms of the numbers employed and/or floor space. That will apply in this case. The hotel will employ more than in the previous car business and will provide a wider mix of employment opportunities.

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Uses: To incorporate mixed uses in appropriate ratios. All such uses, including residential and retail, shall be subsidiary to employment-generating uses and shall not conflict with the primary aim of the Z6 land-use zoning to provide for the employment requirements of the city over the Development Plan period and beyond and shall not detract from existing centres. The hotel will employ a wide ratio of employment catagories from Hotel Managers, receptionists, administrators, waiters, chiefs, chambermaids, cleaning services etc.

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Transport: To maximise access to public transport connections and proposed public transport infrastructure in accordance with development plan land-use and transportation policies to accommodate the sustainable movement needs of employees (and residents) and to incorporate travel plans. The location of the proposal wiy=thin the inner city close to public transport makes the proposal accessible to future employees.

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Built Environment: To create a distinct identity for individual areas with a high-quality, physical environment and coherent urban structure. The proposed building will contribute to visually upgrading this presently rather run down area.

While Hotel use does not fall under the nature of science and technology, it is a permitted use and consistent with the zoning objective to generate employment. On review of the proposal, it is submitted that the design is an appropriate architectural response to this corner site that exemplifies high-quality design among the neighbouring varying architectural typographies.

Moreover, the mix of the proposed ancillary uses would allow for an acceptable quantum of sustainable employment on the site and promote sustainable movements’ needs of employees given the site’s close proximity to public transport services.

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Section 15.1.1.18 is concerned with SDRA 15 - St James’s Hospital Campus and Environs. A number of site-specific objectives have been identified to help deliver this overall vision, one in which the subject site is located – the Western Approach (yellow strip). See map below.

The objective for the Western approach is to facilitate development on Old Kilmainham Road, improving the quality and image of this main vehicular approach to the hospital.

It is submitted that this proposal presents as an opportunity for a wider regeneration of the surrounding area.

Policy on Tourism The Council recognises the importance (i) to promote and facilitate tourism as one of the key economic pillars of the city’s economy and a major generator of employment and to support the provision of necessary significant increase in facilities such as hotels, aparthotels, tourist hostels, cafes, and restaurants, visitor attractions, including those for children (CEE12).

To support this economic pillar it is the policy of the Council (iii) to promote and support the development of additional tourism accommodation at appropriate locations throughout the city (CEE13).

Section 6.5.6 Policy CEE22 claims ‘to promote and facilitate the crucial economic and employment potential of regeneration areas in the city such as Dublin 1, 7 and 8.

The tourism industry is one of Ireland’s most important sectors for a myriad of reasons. It is Ireland’s largest indigenous industry and is vital for its contribution to the local and national economy and generation of employment while supporting social inclusion and access to the labour market. There are ambitious targets for Dublin to double the number of visitors by 2020 as set out in the report: ‘Destination Dublin – A Collective Strategy for Growth to 2020’, Grow Dublin Taskforce.

However, the lack of hotel rooms in Dublin City Centre has been well documented. Therefore, there is a growing requirement for further investment in the hotel sector within the city to address this deficiency and assist in realising the ambitious targets especially a site within easy access of Dublin airport (6.4km).

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According to Aebhric McGibney, Dublin Chamber’s director of public and international affairs, ‘increasing the supply of hotels should prove helpful in terms of prices. It’s important that there is value in the market to ensure that the city is able to attract a varied mix of visitors’.

Eoghan O’Mara Walsh, CEO of the Irish Tourism Industry Confederation (ITIC) shares the same acumen and asserts that ‘additional hotels will add competition and make prices more attractive for tourists, especially in the wake of Brexit.

Similarly, Michael Lennon, President of the Irish Hotels Federation affirms that ‘tourism is an exceptionally competitive activity. We compete daily for business at both a domestic and international level and maintaining our competitiveness is absolutely vital to sustaining the growth of the industry, which supports jobs in the country’.

Based on the above, the provision of a 8o bedroom hotel and its ancillary uses would be a welcome addition to addressing some of the shortfall while enhancing the standard of accommodation within the city. The hotel will cater for the tourism market and capitalise on the subject site being in close proximity to the City’s prime tourist and retail attractions such as IMMA, Temple Bar and O’Connell Street and Grafton Street.

Further, the hotel proposal will operate both day and night to a variety of customers and is seen as a valuable contribution to harmonise with the surrounding existing uses. The employment element is in excess of that on site prior to re-development in terms of employees and floor space.

It is submitted that the re-development of this underutlised land within the city with a view to consolidating and adding vitality to existing area, and ensuring the efficient use of urban lands and should be welcomed by the Planning Authority.

Built Form The proposed development provides a building that addresses the street and also serves to provide a corner building informed by the site context and character of the area. This treatment of the site will, it is submitted, will serve to improve the character of the area along Old Kilmainham Road and Kearns Lane and provide a greater sense of visual interest for pedestrians passing by.

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Building Height The heights of the proposed building can be easiest understood through its section. A basement covers part of the site and the ground floor has three full floors of bedrooms overhead. There are then two bedroom floors to the rear of the building with a setback roof top cafe and landscaped area in front of that bounded by an arcade effect safety barrier.

Figure 6: Section B-B illustrating the setback nature of the fourth floor level.

It is submitted that this is an appropriate approach to height having regard to the existing approval and the pre-existing larger buildings surrounding the site. See image below.

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It is submitted that the architectural design this scheme is proposing is an appropriate response to the subject site.

Daylight and Overshadowing OSCS Consultants were engaged to carry out both a daylight/sunlight analysis of the proposal within the surrounding context in order to analyse the impact of the proposed development.

The Average Daylight Factor analysis shows that the adjacent properties will still achieve excellent levels of daylight once the proposed development is built. In relation to the overshadowing, negligible impact will be perceivable for the adjacent sensitive receptors.

All calculations within this report follow the methodology for daylight and sunlight outlined on the British Research Establishments “Site Layout Planning for Daylight and Sunlight: A Good Practice Guide” by PJ Littlefair, 2011 Second Edition.

Parking The underground car park has 8 car spaces and bicycle spaces are provided at ground level in a number of locations. This level is considered reasonable in the context that most guests of the hotel will arrive by taxi or public transport.

BM Consulting Engineers carried out a Traffic and Transport Assessment of the proposed development. They have concluded that the proposed development will not create an adverse traffic impact on the surrounding roads. They stated that “Due to the low number of parking spaces and consequent low volume of traffic generated by the development, a Traffic & Transport Statement is not deemed necessary as part of this submission.

In addition, the proposed use will likely generate less traffic than the previous use. This is because of the reduced space available for parking than was previously the case when the surface parking allowed up to 20 vehicles park in an unorganised arrangement.”

In relation to traffic during construction this is also addressed as follows, “The works associated with the new development will result in additional traffic on the road network with small amounts of construction waste, and the delivery of new materials, concrete trucks etc. There are also works on Kearns Place proposed to facilitate new connections to public infrastructure. It is proposed to construct a diversion of the existing combined sewer running near the north boundary of the site.

Construction traffic access to the site will be via the original entrance onto Kearns Place. “

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Surface Water Drainage Proposals The proposed development will be designed in accordance with the principles of Sustainable Drainage Systems (SuDS) as embodied in the recommendations of the Greater Dublin Strategic Drainage Study (GDSDS) and will significantly reduce run-off rates and improve storm water quality discharging to the public storm water system. The GDSDS addresses the issue of sustainability by requiring designs to comply with a set of drainage criteria which aim to minimize the impact of urbanization by replicating the run-off characteristics of the greenfield site. The criteria provide a consistent approach to addressing the increase in both rate and volume of runoff, as well as ensuring the environment is protected from any pollution from roads and buildings. These drainage design criteria are as follows:    

Criterion 1 – River Water Quality Protection Criterion 2 – River Regime Protection Criterion 3 – Flood Risk Assessment Criterion 4 – River Flood Protection

The proposed SuDS measures include green roofs, permeable paving and bio-retention within soft landscaping. They provide improved water quality, reduced water quantity, reduced rate of disposal, and also improve amenity and provide biodiversity benefits. The filtration and photoremeditiation aspects of the SuDS measures will reduce the already low level of pollutants in the runoff which is to be discharged from the development into the River Camac.

The aim of any SuDS strategy is to ensure that a new development does not negatively affect the surrounding watercourse system, existing surface water network and groundwater system. This SuDS strategy will aim to achieve this by using a variety of SuDS measures within the site. These measures include surface water interception, water treatment and water attenuation.

Full details of these are contained within the Barrett Mahoney reports accompanying the application.

Flood Risk Management The flood risk assessment lodged with this application has been carried out in accordance with the OPW publication “The Planning System and Flood Risk Assessment Guidelines for Planning Authorities”. There is a high risk of flooding affecting the site from fluvial and pluvial sources.

The proposed development is considered Less Vulnerable in the context of the site access and the Justification Test is required to develop within Flood Zone A. The test is laid out in the relevant sections of the BM Report.

The mitigation measures to be incorporated into the design, through best practice, ensure that the development is flood resilient, and does not increase flood risk in other areas. In addition, due to the SuDS measures proposed on the site, it decreases the flood risk downstream in the River Camac and decreases the Pluvial Flood risk on the adjacent Kearns Place which is highly susceptible.

Therefore, the development is deemed acceptable from a flood risk assessment perspective.

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Construction Management Plan An Outline Construction Management Plan was prepared by Barrett Mahoney Consulting Engineers and is included with the application. This plan has been prepared with reference to:   

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Eastern-Midlands Regional Waste Management Plan (WMP) 2015-2021.

The Waste Management Act (1996) and subsequent amendments.

Department of Environment policy statements, including: - “Changing our Ways” (1998).

- “Delivering Change – Preventing and Recycling Waste” (2002).

- “Taking Stock and Moving Forward” (2004).

- “Best Practice Guidelines on the Preparation of Waste Management Plans for Construction & Demolition Projects” (Dept. of Environment July 2006).

National Construction and Demolition Waste Council Initiative.

Screening for Appropriate Assessment Planning applications are now required to undertake a “screening” as to whether the project proposed could have significant effects on a Natura site, such that a Natura Impact Study (NIS) is required to be lodged with the application. This section addresses this issue.

The Appropriate Assessment screening was undertaken in accordance with the European Commission Methodological Guidance on the provision of Article 6 (3) and 6(4) of the Habitats Directive 92/43/EEC (EC, 2001), Article 42 of the 2011 Habitats Regulations and the European Commission Guidance ‘ Managing NATURA 2000 Sites’, in relation to the 2009 publication from the Department of Environment, Heritage and Local Government; Appropriate Assessment of Plans and Projects in Ireland: Guidance for Planning Authorities’ and the European Communities (Birds and Natural Habitat) Regulations 2011.

The closest Natura 2000 site is the south Dublin Bay SAC and the South Dublin Bay. There is a potential pathway to that through the Camac River.

The applicants designers have examined the various SuDS measures which can be applied to the site and then selected them based on the site layout and construction best practice. The chosen SuDS measures have been analysed for various rainfall scenarios to ensure that all the SuDS design criteria are met and an extensive range of SuDS measures are proposed with almost total coverage of the developed area of the site. The outcome of that is that the chosen SuDS measures are the most effective measures which can be applied to the site and these measures are effective in treating rainfall on the site to GDSDS and CIRIA criterion. It is the case therefore that surface water drainage emanating from the site will be improved as a consequence of the SuDs measures proposed. The proposed development will not therefore adversely affect the adjoining water course, but rather will improve it.

It is possible to conclude therefore that, having regard to nature of the proposed development, the location of the application site in an established mixed-use urban area, the normal measures to be taken during construction to ensure proper management of waste on site, the SuDS measures proposed and the location relative to the nearest European site, it is submitted that no Manahan Planners

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Appropriate Assessment issues arise as a consequence of this development. It is our opinion that the proposed development would likely not have a significant effect either individually or in combination with other plans and projects, on a European site. There is no need therefore to proceed to carry out a Natura Impact Assessment.

Conclusion In conclusion, it is submitted that the proposal, the subject of this application is an appropriate development response to the subject site in that it would allow for an acceptable quantum of employment on the site in line with the zoning objective, it would have no adverse impacts on the surrounding area and would therefore be in keeping with the zoning objective and the proper planning and sustainable development of the area.

The current application is accompanied by a series of extensive reports which indicate that the proposal can be accommodated safely and satisfactorily within this site and area. The new building will contribute to the visual upgrading of the area and the hotel will provide a much needed amenity for the area.

Accordingly the proposal is consistent with the proper planning and sustainable development of the area, and is consistent with the provisions of the city development plan. In view of that, we request that the planning authority grant permission for the development as proposed.

Manahan Planners 2nd December 2019

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