“NOTICE OF PROPOSED AMENDMENT TO NEWBRIDGE LOCAL AREA PLAN 2003”

The following is the text of a submission made to to Kildare County Council on behalf of NEWBRIDGE TIDY TOWNS ASSOCIATION regarding their “NOTICE OF PROPOSED AMENDMENT TO NEWBRIDGE LOCAL AREA PLAN 2003”, which is being considered under the Planning & Development Act 2000-2004 and the Planning & Development (Strategic Environmental Assessment) Regulations 2004.

The submission was sent to the Forward Planning Section on the 23rd january 2007, and copied to Councillors who are members of Droichead Nua Town Council and Kildare County Council.

The Local Area Plan:
The Local Area Plan for Droichead Nua / Newbridge as amended by order of the High Court in an order dated 21st February 2006 (Judicial Review Record no. 254JR/2004) currently states:

2.6.2 Protection and Development of the Liffey Linear Park.
The river Liffey is an important feature of the town that contributes to the distinctive character of Droichead Nua. The Council recognises that the river has enormous recreational potential as well as being of ecological value and will endeavour to protect and develop it as a recreational amenity. An attractive riverside park has been developed on the western bank of the Liffey. Development proposals on lands adjoining the river Liffey shall include proposals for the landscaping of, and public access to the areas zoned amenity. This amenity area is in addition to normal open space requirements.

P2.6.2 It is the Policy of the Council to extend and develop a linear park along both sides of the Liffey from the Dominican College to the motorway and to continue the development of the riverside park system in accordance with the Boylan report.

No development will be permitted on either bank within 80 m of the River Liffey. Development along the river should front onto the river so as to ensure the passive supervision of the proposed linear park. The amenity strip along the west side of the River Liffey at Kilbelin shall be reduced to 50 m and public access to same shall be provided at the southern end of the zoning.

4.1.4 Building Lines, Reservations and Setbacks (last section)
No development will be permitted within 80m of the banks of the River Liffey in order to facilitate the creation of a riverside linear park.

Kildare County Council in their “Notice of Proposed Amendment to the Newbridge Local Area Plan 2003” is proposing that Clause 2.6.2 of the plan be amended by the addition of the following text at the end of the clause:

“The amenity strip and the area where development will not be permitted along the west side of the River Liffey at Kilbelin shall be reduced to 50 m of the River Liffey and public access to same shall be provided at the southern end of the zoning. The area between the 50m strip and the adjacent lands zoned New Residential to be zoned New Residential”

In addition Kildare County Council proposes to amend Clause 4.1.4 by the addition of the following text to the end of the clause:

“Along the west side of the River Liffey at Kilbelin, the area where no development will be permitted shall be reduced to 50m of the River Liffey”.

Having considered the implications of the proposed amendment to the Local Area Plan, Newbridge Tidy Towns Association determined at our meeting of the 11th January 2007 that a formal submission be made to Kildare County Council opposing the adoption of the amendments as advertised in the public notice published in Local Papers on or about the 14th December 2006.

Background:

The 2003 Newbridge Local Area plan provided for the adoption of a Linear Park on both sides of the Liffey from the Dominican College to the Motorway, this Linear Park (as proposed by the County Manager in his report to the Council meeting) was to be 80 metres wide. During the period provided for in the adoption of the Local Area Plan, Newbridge Tidy Towns Association and other community groups had sought an increase in the proposed width of this Linear Park from the proposed 80 metres to 100 metres. However the then County Manager, who we understand has statutory responsibility to make a report on the development plan to Members of the Council argued in his report that the set-back area of 80 metres was appropriate. He also noted the importance of preserving the set-back area, and pointed out the value of this vital amenity to the community in terms of providing for the recreational needs of the Newbridge area.

An amendment was proposed at the Council meeting to reduce the amenity set-back area from 80 metres to 50 metres on one section of the Liffey Linear Park – described as at Kilbelin, as far as we can determine that resolution was not contained in the agenda of the meeting, and there was no advance notification of the proposal to members of the Council. Neither was the proposed amendment notified to the public in advance of the Council meeting and the proposal was not contained within the report presented to the meeting by the then County Manager. The County Manager (in his report to the Council Meeting) did not recommend a zoning change on the lands at Kilbelin.

As we are all aware Newbridge Community Development (NCD) decided to seek a Judicial Review in the High Court regarding the amendment proposed from the floor at the Council Meeting in September 2003. NCD successfully argued that the decision taken by the Members of Kildare County Council to amend clauses P2.6.2 and 4.1.4 prior to the adoption of the Newbridge Area Plan constituted significant material contravention to the plan, and as such, should have resulted in these intentions being the subject of a further public notice, and the display of the required maps etc. We understand that the High Court found in favour of Newbridge Community Development, and instructed Kildare County Council to conform to the statutory requirements governing such amendments as prescribed in the Planning and Development Act 2000-2004.

Hence the current proposal to re-amend the Local Area Plan.

The people of Droichead Nua / Newbridge and the surrounding area have displayed their consistant support for the Town Park and the amenity area known locally as The Strand. This is obvious due to the number of people who use this parkland all year round, but particularly at weekends and during the summer months. The Local Area Plan as proposed by the then County Manager in his report to the Council made it clear that the Council should take the opportunity to extend and develop this community leisure area along the River Liffey, and develop it as a linear park from the Dominican College, through the current Town Park area (including The Strand), passing the historically significant Great Connell Ford, through to the Motorway (Newbridge LAP P2.6.2).

There is an obvious need to further extend this linear park through to Athgarvan, Kilcullen and beyond, creating an attractive walking area through the Liffey Valley at this point of the River (at no cost to the Council). However we feel that the albeit modest scale of the current Linear Park proposal (i.e. from the Dominican College to the Motorway), is under imminent threat from the amendments proposed in the Notice of Proposed Amendment to the Newbridge Local Area Plan 2003.

Strategic Environmental Assessment:

Referring to the Strategic Environmental Assessment “Screening Submission” prepared for or by Kildare County Council and dated August 2006 we would like to comment as follows:
1. A member of our Association took the opportunity to inspect the documentation regarding this proposed amendment on Saturday 6th January 2007 at approximately 10.45 am. The documentation was inspected in the Library HQ in Newbridge, which was one of the locations specified in the Public Notice published by KCC.

The file was securely fastened together by means of staples and a large paperclip, and was immediately produced when requested. There was no covering letter specific to the Library in the file detailing what one should have available for inspection in the file, however there were covering letters enclosed addressed to The Department of the Environment Heritage and Local Government, and to the Department of Communications, Marine and Natural Resources and the Environmental Protection Agency.

These letters indicated that the file containing the “Screening Submission” should also contain the following:

1.) Copies of relevant sections of the Newbridge Local Area Plan 2003.
2.) Copy of the Local Area Plan Zoning Map.
3.) Copy of site specific extract from Zoning Map.
4.) Copy of High Court Order requiring proposed Amendment.

The documentation referred to as 1.) 2.) and 4.) were contained in the file containing the “Screening Submission” lodged in the Library.

Please note that the file deposited in Newbridge County Library did not contain the document described as “Copy of site specific extract from Zoning Map”. Kildare County Council was contacted requesting a copy of the map. A prompt reply was received by ‘phone confirming that the “site specific extract from Zoning Map” was attached to the back of the Screening Submission.

On a further visit to the Library on Friday 19th January at approximately 4.10 pm, the file was again readily available for inspection however despite going through the file “page by page” the “site specific extract from Zoning Map” was not contained in the file, nor was it attached to the Screening Submission (there were however site maps relating to a proposed “relocation of football pitches” relating we understand to Newbridge Town’s facilities). Given that the remaining items listed as contents were securely fastened together, I can only assume that the map was somehow omitted from the file.

We wish to point out that the Library Staff on duty on both occasions were extremely helpful and professional, and they made considerable efforts to locate the document (map) in question, searching a number of other files and documents to no avail.

It is therefore difficult to determine what area on the River Liffey is actually referred to in the proposed amendment. The written script in the Published Notice refers only to an area “along the west side of the River Liffey at Kilbelin” – to be fair this could encompass a distance of 100 metres or two kilometres. The proposed amendment (as published) does not specify the specific area that the amended section of the plan will refer to (Kilbelin is a fairly large area).

Strategic Environmental Assessment Cont:

2. In the Screening for SEA document lodged in the County Library in Newbridge when dealing with the issue of sustainable development Section 2.0 (iii) states “All policies and objectives of the LAP must therefore be informed by the principles of sustainable development……Therefore, a key objective of the LAP will be to create the conditions for regenerating the town’s built-up area to establish a more sustainable pattern of growth. It is anticipated that the environmental implications of this strategic aim will largely be positive”

We cannot understand how the author(s) can state that the implications are “largely positive” when it requires a very significant reduction of the amenity area provided in an area which will no doubt be developed as a quite large residential area. If the LAP is required to “establish a more sustainable pattern of growth” it is imperative that this sustainable pattern of growth would include some significant area for leisure and recreational use.

3. The Screening for SEA document states in Section 2.0 (iv) that “A reduction in the set-back from 80 metres to 50 metres (i.e. 30 metre reduction) is not considered to impact significantly on the nature conservation / bio-diversity quality of the River Liffey. Public access to the River for fisheries or other purposes will be provided at the southern end of the site”

We note that Kildare County Council have adopted as policy that there must be set-back from riverbanks / watercourses to allow for access for channel clearing / maintenance, however if access to an area along the riverbank is permanently blocked off how can either the Council or the ESB (who we understand from Kildare County Council have certain responsibilities and requirements in this regard) fully access this part of the River as a right rather than as a favour granted by landowners.

Additionally as it is proposed in the amendment that access be provided exclusively from the “southern end of the zoning” it is implied that access (in the form of a “right of way”) is not and will never be allowed from the river itself (passing fishermen wading the river), or from the adjoining roadway. This will have the effect of making the riverside private to all intents and purposes, negating the Councils own aspiration to “extend and develop a linear park along both sides of the Liffey”.

4. The Screening for SEA document states in Section 2.2.2 (i) It is probable that the lands will be developed for residential use, given that the additional 30m is to be set aside for new residential development. However, given the proximity of the site to the River Liffey and its identified amenity value, it is considered that the future development of the lands will have to take the amenity of the river into account in the design and layout of future residential development”.

We note that despite this strong recommendation by the author(s) of the Screening Submission that no reference to the requirement that the future development of the lands will have to take the amenity of the river into account in the design and layout of future residential development has been included in the proposed amendment to the LAP, thus leaving the development open to whatever design or layout the developer determines will “fit-into” this substantial riverside site.

5. The Screening for SEA document states in Section 2.2.2 (i) “It is expected that the effects of the Amendment in environmental terms will be largely positive. The provision of public access to the River will open up the amenity value of the River to the public and to future residents of the lands, whilst at the same time, protecting 50m of the riverbank from any future development”.

We would argue that the proposed wording of the amendment does not support such as statement by the author(s) of the Screening Submission for the following reasons:

5.1 The author(s) welcome “the provision of public access to the River” whereas the amendment proposes that “public access to same shall be provided at the Southern end of the zoning” i.e. closing off access from all other directions. This is a reduction of access not a provision of actual unlimited public access.

5.2 The author(s) suggests that the closing of the access to these riverside lands will protect 50 metres of the riverbank from any future development, however the “closing” of access other than from the Southern end of the zoning will require the building of a wall or other structure (how else will access be restricted to the southern end of the zoning) thus permitting and encouraging development along the actual riverbank. Additionally 80 metres are protected from development as the LAP currently stands.

6. The Screening for SEA document states in Section 2.2.2 (i) that “There is potential for reversibility and re-instatement of the lands to their original condition should development take place”.

Can the author(s) really be suggesting that KCC will require residents who purchase houses in this area in the future to agree to the demolition of their residences to facilitate a Council decision to “reverse and re-instate” the lands to their original condition (i.e. agricultural or amenity use)?

7. While the author(s) suggests that “Without development, the lands will remain in their existing condition” (2.2.2 (i)) we would strongly contend that the lands would be maintained to an acceptable standard of amenity as the Local Area Plan as adopted requires that any development along the river should front onto the river so as to ensure the passive supervision of the proposed linear park, requiring the residents / landowners to maintain “their section” of the proposed riverside linear park.

8. The author(s) of the Screening for SEA document states that “It is not considered that the proposed amendment will affect the existing current population of the town”, and in the next line states that “There will be an increase in population of the area, should the lands be developed for residential use there will be an additional 30m of development lands available” (2.2.2 (v)).

While a 30 metre loss in amenity may sound to some like quite a small loss, the figure quoted as the extent of the site in the “Screening Submission” report is c. 13 hectares, we would contend that building houses on a site of c.13 hectares will increase the population of this so far undeveloped agricultural and amenity land very significantly.

Basis of Objection:

Taking into account the foregoing, and having considered the text of the “Proposed Amendment to the Newbridge Local Area Plan 2003”, we wish to object to the proposed amendment on the following basis:

1. When the “final” draft of the Local Area Plan for Droichead Nua / Newbridge was being considered by the Members of Kildare County Council, we along with other community groups in the town were delighted that clauses 2.6.2 and 4.1.4 were included for adoption, and were confirmed / proposed in the Managers report to that meeting. If the then County Manager was convinced that the 80 metre setback was proper planning we fail to comprehend how it can be argued that a reduction in the 80 metre setback to just 50 metres be sustained or considered proper planning just three years later.

2. There was considerable upset and indeed surprise when the published plan included significant amendments proposed (from the floor, without adequate notice) and passed by the Members at that September 2003 meeting of Kildare County Council, subsequently the High Court quashed these amendments regarding the significant reduction of setback and the effective closing of access along the west side of the River Liffey at Kilbelin.

3. The River Liffey is a most important amenity available freely to the people of Droichead Nua / Newbridge and the surrounding area. There is significant existing development in the area between the Dominican College and The Gables Guesthouse, (on the western or Town side of the River Liffey), and from the Dominican College to the residential area “Rivercourt” on the Connell / Naas side of the River Liffey. It is accepted that this existing development would remain and the setback adopted would not have any effect in this area (at the same time protecting the area encompassed by the Town Park & The Strand from development).

Therefore one has to conclude that the main benefit of the policy that “No development will be permitted on either bank within 80 m of the River Liffey” was obviously relating to the area along the River Liffey from the Gables Guesthouse to the Motorway (on the western or town side) and from the residential area “Rivercourt” to the Motorway (on the Connell / Naas side of the River Liffey). In addition as some of these lands were themselves re-zoned in the Local Area Plan the objective in the plan which stated “Development along the river should front onto the river so as to ensure the passive supervision of the proposed linear park” was patently designed to ensure un-impeded public access along the banks of the River Liffey if and when residential developments were given planning permission to be constructed in these re-zoned lands.

5. Given the unprecedented expansion of the residential development in and around the town of Droichead Nua / Newbridge (we welcome controlled development, and the increase in the residential amenity and prosperity of the town) we are of the opinion that instead of reducing access to the natural amenity which is the River Liffey, that Kildare County Council should be planning for the future, and ensuring that this natural amenity is protected and freely accessible to our future generations. Droichead Nua / Newbridge is now a major residential area, and needs to have additional amenity areas, it is difficult to ascertain how, if at all, these proposed amendments confer any material benefit whatsoever to the public good by reducing the linear park in both size and access.

6. Kildare County Council have stated it is the “Policy of the Council to extend and develop a linear park along both sides of the Liffey from the Dominican College to the motorway” we cannot understand how this policy can be realised if public access along the riverbank is to be effectively closed by this proposed amendment which states that “public access to same shall be provided at the southern end of the zoning”. This proposal would have the effect of negating the Councils own primary policy to continue the development of a linear park along the Liffey, (requiring walkers to leave the riverside and walk along what is becoming an increasingly dangerous stretch of roadway).

7. In addition this “closure” of access along this stretch of the river (where no doubt a residential area is planned) would have the effect of making the riverbank onto which any new residential area would front “private” which in effect denies public access rights along this area of the Liffey. This flies in the face of the Council expectations that the proposed linear park along the riverbank would be accessible to the public while being subjected to “passive supervision” of the residents in any new residential development which would be constructed along this stretch of the river Liffey.

9. The area where the proposed linear park along the Liffey at this point will not be a burden on the Council, the Council will not have to pay for this land which has been zoned amenity, nor will the Council be obliged to maintain the riverside linear park which in this area will be “passively supervised” by adjoining residents, as the maintenance of these areas will fall on the Residents or Landowners. We note that other Local Authorities have been required to purchase amenity land i.e. Carlow Town Council, Ennis Town Council (who have developed the Lees Road Sports & Amenity Park adjoining of approximately 134 acres of woodland).

10. On a positive note by providing for Amenity land along the Liffey, the Council will be providing a badly needed amenity facility. This piece of land is part of the “community gain” which will result from any future development of this area, and is provided at no cost to the Local Authority.

Conclusion:

The River Liffey has played a central role in the development of Droichead Nua / Newbridge, indeed it can be argued that the reason for the original settlement in the area at Great Connell (Great Connell Abbey & Connell Ford), and the subsequent development of the town originally as a (mounted cavalry) military base for the British Army (circa 1813) was due to its location beside the River Liffey.

The River Liffey which rises near Kippure in the Wicklow Mountains flows for most of its length through the County of Kildare before entering the Irish Sea at Dublin Harbour. As such there is a responsibility on each of the Local Authorities in Wicklow, Kildare and Dublin to protect the River Liffey from development and encroachment. As the longest area of the Liffey flows through County Kildare if falls on Kildare County Council in particular, and indeed on its Elected Members to protect the riverbanks from excessive development and encroachment.

We note that Kildare County Council have (apparently) formally agreed to protect the River Liffey from development from Kildare County’s borders with County Dublin to an area between Celbridge and Leixlip (the area now termed the Liffey Valley Park) – as published on the Kildare County Council Website. (We are, however at a loss to understand why the proposed Liffey Valley Park should terminate at Celbridge / Leixlip given the Liffey flows through towns and areas such as Droichead Nua / Newbridge, Athgarvan, Kilcullen etc.)

Publishing this document “Towards a Liffey Valley Park Strategy” on the Councils Website implies that the Councils who are party to this proposal will have to integrate planning control policies in the development plans adopted along the course of the River Liffey as this is the only way that they can ensure effective management of public spaces while promoting and protecting both the amenity and environmental attractions along the River.

Protecting the Liffey from un-necessary and excessive development will reinforce the right of people to use the Liffey for leisure and recreational activities. In addition the Liffey’s potential for use as an educational resource will be enhanced and protected, benefiting our children into the future.

Therefore:

We are surprised at the continuous efforts of Kildare County Council to effectively exclude public access from this particular piece of land, in total opposition to their own stated plans to encourage the development of a linear park along the Liffey.

We strongly object to both the significant reduction in amenity lands from 80 metres to 50 metres and the closure of the access along the riverbank by means of restriction being placed on the zoned land which will allow access from the southern end of the zoning only.

We are appealing to Kildare County Council and to each Elected Member of the County Council to reject this proposed amendment to the Local Area plan adopted in 2003 (as amended by the High Court), and to confirm their intention to protect into the future the River Liffey and its environs as encompassed by the Droichead Nua / Newbridge Local Area Plan from further development or encroachment.