An Bord Pleanála
PLANNING AND DEVELOPMENT ACTS 2000 TO 2007
Youghal Town Council Planning Register Reference Number: P58012/08 An Bord Pleanála Reference Number: PL 87.231058 APPEAL by Finbarr and Anthony Russell of “Avilla”, 1 Mill Road, Youghal, County Cork and by others against the decision made on the 21st day of August, 2008 by Youghal Town Council to grant subject to conditions a permission to Galvin Developments (Killarney) Limited care of EML Architects Limited of 20 Cruises Street, Limerick.
PROPOSED DEVELOPMENT: Development of a mixed use retail, sports and leisure centre, and medical/health centre scheme comprising the demolition of two number existing factory buildings on the site, the demolition of the existing stone boundary wall along Mill Road, the construction of 9,300 square metres gross floor area of retail space allowing for a supermarket, non-food sales and retail services in the form of a main anchor department store unit and ten other retail units, a sports and leisure centre of 300 square metres gross floor area and a medical/health centre of 300 square metres gross floor area, ancillary car parking over two levels providing a total of 305 spaces, site development works, services, hard and soft landscaping and boundary treatments. Development at the site will be over three levels. Access to the scheme will be via Mill Road and the proposed development will also allow for level changes and access revisions to the existing site. The development is adjacent to the ‘Ruins of North Abbey’ (a protected structure); all at the former Courtisan Carpets site, Mill Road, Youghal, County Cork. DECISION REFUSE permission for the above proposed development based on the reasons and considerations set out below. MATTERS CONSIDERED 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 any submissions and observations received by it in accordance with statutory provisions.
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REASONS AND CONSIDERATIONS
1.
It is a Strategic Objective of the Youghal Development Plan 2009-2015, “to maintain the old town centre as the primary commercial, retail, civic, social and symbolic centre of the town and to maintain the dynamic of its mix of uses while recognising the unique historical and heritage character of the area” and “to preserve the old town centre’s heritage character and to enable the existing commercial facilities to compete with the future provision of retail and other services”. Having regard to the nature and scale of the proposed retail/commercial development, which would equate to an approximate doubling of the existing retail floor space of the town (convenience and comparison) and to the evidence, as submitted on appeal, of high vacancy rates within the historic town centre area, it is considered that the proposed development, by reason of its nature and quantum, located in an area which is removed from the core of the town, would adversely affect the vitality and viability of the old town centre, (particularly in conjunction with the existing retail facilities in the vicinity of the site). The proposed development would, therefore, be contrary to the foregoing strategic objectives set out in the Development Plan, notwithstanding the town centre zoning objective for the site, and the “Retail Planning Guidelines for Planning Authorities” issued by the Department of the Environment, Heritage and Local Government in January, 2005. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.
2.
Adequate car parking spaces, loading areas and turning spaces have not been provided within the curtilage of the site. The proposed development, would, therefore, result in on-street parking and tend to create serious traffic congestion on the public road.
3.
It is considered that, by reason of the proposed design, scale, height, massing and orientation of the proposed building, the inadequate buffer zone and landscaping proposals for the joint boundary with the adjoining graveyard and the elevated nature of the proposed deck parking area relative to the adjacent ground levels, the proposed development would be unduly obtrusive and would significantly adversely affect the character and views of, the nearby Protected Structure and would, therefore, be contrary to the provisions of the “Architectural Heritage Protection Guidelines for Planning Authorities” issued by the Department of the Environment, Heritage and Local Government in 2004.
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4.
It is considered that, by reason of its height and bulk, and its close proximity to the adjoining dormer bungalows to the north-west of the site, the proposed shopping centre building would be visually overbearing and would seriously injure the residential amenities of the occupants of those dwellings. Furthermore, it is considered that the proposed height and location of the proposed car deck, relative to the adjoining bungalow to the north-east, would seriously injure the residential amenity of that property by reason of overlooking and general disturbance from the car park. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.
Member of An Bord Pleanรกla duly authorised to authenticate the seal of the Board.
Dated this
day of
2009.
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