Senior Executive Officer, Planning Department, Dublin City Council, Civic Offices, Wood Quay, Dublin 8. 25 th February 2016 BY HAND Re: No 6 St. Mary s Road, Ballsbridge Dublin 4 Planning application for minor changes to extension, internal modifications and 1 off-street disabled parking space to Dublin City Council Dear Sir/Madam, This Planning Application letter has been prepared by McCutcheon Halley Walsh on behalf of Tom McGrath, 6 St. Mary s Road, Ballsbridge, Dublin 4 to provide a planning policy context for the proposed development of an off-street disabled parking space. The development also provides for wheelchair ramps up to the rear door of the property. This parking space is specifically proposed to facilitate Mrs. Mary McGrath who is an elderly lady with limited movement, can fully enjoy and move about her home and access the property by car. She has a parking permit for people with disabilities. Mrs. McGrath s familty has recently acquired the property, and she will be living on the ground floor. The adaption of the property to support ease of movement and access, within the house and its curtilage. It provides for minor modifications to the planning permission granted under DCC Ref. 2583/14, to provide a raised floor level in the extension area, so as to be level with the existing house floor level, without need for internal steps. This alteration necessitates the raising of the roof level of the extension to provide for a comfortable internal ceiling level. The elevations submitted as part of the planning application package illustrate that this will not give rise to any material impact on the appearance of the extension structure. The application also provides for minor internal changes, and minor external ramps to support ease of access to dwelling. The proposed parking space is a fundamental aspect of this planning applications, and is integral to Mrs. McGrath s independence, and quality of life in her house. The planning application includes 1 off-street car parking space opening off Haddington Place, together with provision of new sliding gate within the boundary wall. The development entails the omission of one on-street parking space. The applicant acknowledges that that there is a levy attached to a permission in this regard. This planning application is made pursuant to the Planning Permission granted under DCC Ref. 2583/14. In that permission, the off-street space was omitted by the planning authority. Dublin City Council s Notification
of Decision to Grant Permission was not challenged or Appealed to An Bord Pleanála. This letter therefore addresses in detail, how the proposed development addresses DCC s previously stated concerns, and how this development can be permitted in accordance with Development Plan policy and An Bord Pleanála precedent. We highlight that there is no net-loss in parking space, no negative impact on residential amenity, and no undesirable precedent arising from the this minor development proposal. The off-street space is wholly necessary to facilitate safe assess to a lady who has impaired mobility, and is not physically able to park at on-street locations at distance from her residence. In summary the proposed signage development provides for the following: 1 Disabled car parking space; Sliding gate with access of Haddington Lane; Removal of 1 on-street car parking space on Haddington Lane; Changes to floor level and roof level of permitted extension; Minor internal alterations. Site Context No. 6 St. Mary s Road fronts onto, and forms a coherent element of this attractive, sylvan urban street, and is separate from the institution lands behind. The house is on the corner with Haddington Place. Figure 1 - Location of subject site (outlined in red) The City Development Plan contains a number of relevant policies in respect of accessibility and parking. In principle, the Council makes a strong statement in support of Accessibility for All at section 5.1.4.12 as follows:
Dublin City Council, as a signatory to the Barcelona Declaration, will address and support agencies addressing the pertinent transport/access/egress needs of people with mobility impairment and/or disabilities, including the elderly and people with children to create a city environment that is safe and accessible to all. Under Policy SIO51, DCC undertake To provide on and off-street disabled driver parking bays in excess of minimum requirements where appropriate (see section 17.40.5) Section 17.40.5 of the City Plan specifically addresses Disabled Car Parking as follows: Where car parking is provided, whether for residents, employees, visitors or others, a number of car-parking spaces for people with disabilities should be provided on a proportional basis. At least 5% of the total number of spaces should be designated carparking spaces, with a minimum provision of at least one such space. In particular circumstances the planning authority may require a higher disabled parking content depending on the nature of development. All disabled parking should be allocated and suitably signposted for convenient access. At section 17.40.9 the development standards for disabled parking bays are set out as follows: Parking bay widths for people with disabilities will be a minimum of 3.0m wide by 4.75m long. The number of spaces to be provided will be determined by the planning authority in accordance with Building Regulations (Part M) and any other relevant guidelines. Section 17.40.11 of the City Plan addresses On-Street Car Parking. It states: Public on-street parking is a necessary facility for shoppers and business premises and is necessary for the day-to-day functioning of the city. Dublin City Council will preserve available on-street parking where appropriate. However, the space currently occupied by on-street parking may be needed in the future for strategic transportation projects. There will be a presumption against the removal of on-street parking spaces to facilitate the provision of vehicular entrances to single dwellings in predominantly residential areas where residents are largely reliant on on-street car parking spaces. [Our emphasis] Policy SI13 of the City Plan states it is an aim To retain on-street parking as a resource for the city, as far as practicable [our emphasis] Under the Dublin City Development Plan 2011 2017 the subject site is zoned Z15 Objective Z15 Institutional and Community
Figure 2 Location of the subject site under the Z15 Zoning Objective for the area (outlined in red) We have reviewed the planning file for DCC Ref. 2583/14 and the report prepared by the Roads Streets & Traffic Department Road Planning Division (RTPD). This report specifically referred to Policy SI13, and section 17.40.11 quoted above. The RTPD did not take any cognisance of the policy construct which specifically includes the words as far as practicable and where appropriate which are so important for a full understanding of the City Plan s policy. The RTPD report also stated that An Bord Pleanála had upheld DCC decisions to refuse permissions for offstreet parking, without any reference to any particular case. As per the RTPD s interpretation of policy, it is important to highlight, that An Bord Pleanála has not upheld DCC s decision in respect of off-street parking on every occasion, and indeed DCC have granted permission for off-street parking for residential developments. This highlights that the context and circumstance of the proposal is a relevant consideration. We briefly note some relevant cases: Under Ref. 3245/14 DCC Granted Permission on 19-Nov-2014 at 172, Rathmines Road Lower, Dublin 6 to Mr Peter Plunkett for replacement of existing pedestrian access with a vehicular entrance, the provision of 1 no. car parking space to the front of existing dwelling together with all ancillary site and boundary works within the curtilage of a protected structure (reference no 7226). Under Ref. 2326/12 DCC Granted Permission on 11-Jun-2012 to Mr Peter Murray at 9, Argyle Road, Donnybrook, Dublin 4 for Alterations to previous approved planning application No. 2123/07, involving alterations to existing railings at front in order to widen the existing pedestrian entrance gate to allow
for new automatic vehicle & pedestrian entrance gates, to match the existing railing style and to provide off street parking to front. Under Ref. 3155/11 DCC Granted Permission on 22-Nov-2011 to Patrick Connolly at 15, Prince Of Wales Terrace, Dublin 4 For the widening of the existing off-street driveway entrance by 1 metre to front of dwelling house. Under DCC. Ref. 4415/07 and An Bord Pleanála Ref. PL 29S.225695, The Board Granted Permission for A new vehicular access and off-street parking to front with gates to match existing railings at 76 Highfield Road, Rathgar, Dublin (a protected structure) Under DCC. Ref. 2108/12 and An Bord Pleanála Ref. PL 29S.240421, The Board Granted Permission for a vehicular entrance and off-street parking area at number 93 Martin s Row, Chapelizod, Dublin Under DCC. Ref. 4415/07 and An Bord Pleanála Ref. PL 29S.225695, The Board Granted Permission for A new vehicular access and off-street parking to front with gates to match existing railings at 76 Highfield Road, Rathgar, Dublin (a protected structure). Under DCC. Ref. 2765/12 and An Bord Pleanála Ref. PL 29N.241022, The Board Granted Permission for two new two-storey, two bedroom houses, each house with one off-street car parking space and pedestrian access from Cabra Grove. Therefore, while the Board have upheld several DCC refusals of off-street parking, they have also granted several permissions, as appropriate to the given context. Overall, we respectfully submit that this planning application for a disabled parking space in the curtilage of No. 6 St. Mary s Road is of great personal importance to Mrs. McGrath, her independence, and the enjoyment of her own dwelling. The proposal is supported by DCC s policy of Accessibility for All at section 5.1.4.12 of the City Plan, Disabled Parking Policy at Section SIO51 and is allowable under Policy SI13, and section 17.40.11. The proposed development will not have any detrimental effect on the parking of the area, endanger public safety by reason of traffic hazard and obstruction of road users or risk the establishment of an adverse precedent. The proposal in effect moves an on-street space to an off-street location, specifically catering for the additional dimensions required for a disabled parking space, with no net loss in parking (the resident of No. 6 St. Mary s Road is entitled to on-street parking in any event). We therefore submit that the proposed development is therefore in accordance with the proper planning and sustainable development of the area We trust that all is in order, and look forward to a positive decision in due course. Should you have any queries please do not hesitate to contact me. Yours sincerely, Richard Hamilton MIPI MRTPI McCutcheon Halley Walsh Encl./