Legal relationship between County Plan & its associated Local Area Plans!

The County Development Plan is superior to Local Area Plans; yet,   no land zoning takes place in the context of the County Plan.   The Planning & Development Act 2000 does not specifically deal with LAP’s as it relates to zoning of land.   The lack of a formal legal relationship between the County Plan and the LAP’s needs to be established.  

In view of the fact that new planning legislation will be in place prior to the adoption of the new County Development Plan,   the provisions of that legislation,  as they relate to the County Plan and associated Local Area Plans,  need to be considered in some detail prior to the final adoption of the County Plan.   I am  proposing that this should be done.   

Advice was given to me during the Celbridge LAP in relation to zoning of land specifically in relation to Donaghcumper.    I was advised that there was less protection for the Council in the event of land being down zoned in the context of a Local Area Plan,  as opposed to the County Plan, yet,  no zoning takes place in the County Development Plan.  I am now asking that the legal advice,  if any,  that underpinned that advice is provided to  the Council.  Should there be an amendment to the provisions relating to the Local Area Plan in the new Bill  I am seeking that the legal interpretation of such provisions are given to the Council in advance of adopting the County Plan.  

Population Targets - the 2011 Census and the Regional Guidelines

The results of the new census will postdate the adoption of the County Development Plan and the Regional Guidelines,   a statement should be included in the plan to that effect.   Should there be a significant variation in the numbers provided for in the County Plan a means for correcting this should be provided for.  

Heritage & Protected Structures
The National Inventory of Protected Structures was established established on a statutory basis under the provisions of the Architectural Heritage (National Inventory) and Historic Monuments (Miscellaneous Provisions) Act 1999.

Accoroding to their website:
The purpose of the NIAH is to identify, record, and evaluate the post-1700 architectural heritage of Ireland, uniformly and consistently as an aid in the protection and conservation of the built heritage.  NIAH surveys provide the basis for the recommendations of the Minister for the Environment, Heritage and Local Government to the planning authorities for the inclusion of particular structures in their Record of Protected Structures (RPS).
BACKGROUND
Granada Convention
The Council of Europe, in Article 2 of the 1985 Convention for the Protection of the Architectural Heritage of Europe (Granada Convention), states that  'for the purpose of precise identification of the monuments, groups of structures and sites to be protected, each member State will undertake to maintain inventories of that architectural heritage.'  The Granada Convention emphasises the importance of inventories in underpinning conservation policies….
Article 1 of the Granada Convention establishes the parameters of this work by defining  'architectural heritage' under three broad categories of Monument, Groups of Buildings, and Sites.
1. Monument: all buildings and structures of conspicuous historical, archaeological, artistic, scientific, social or technical interest, including their fixtures and fittings;
2. Group of buildings: homogeneous groups of urban or rural buildings conspicuous for their historical, archaeological, artistic, scientific, social or technical interest, which are sufficiently coherent to form topographically definable units;
3. Sites: the combined works of man and nature, being areas which are partially built upon and sufficiently distinctive and homogenous to be topographically definable, and are of conspicuous historical, archaeological, artistic, scientific, social or technical interest.
2. Record of Protected Structures
The Planning and Development Act 2000 requires each planning authority to compile and maintain a RPS.  The RPS is a mechanism for the statutory protection of the architectural heritage and forms part of each planning authority's development plan.  The Minister for the Environment, Heritage and Local Government may recommend structures to the planning authorities for inclusion on the RPS.  Sites / structures / groups of structures rated by the NIAH as being of Regional or above importance are included in the Minister's recommendations…

3. NIAH County Surveys
The NIAH County Surveys form a baseline of information.  The Core Data Index to Historic Buildings and Monuments of the Architectural Heritage was recommended by the Council of Europe in 1992 to identify categories of information necessary to record structures and sites of historic and architectural interest.  The Core Data Index and the practice and methodologies of other member states of the Council of Europe were reviewed and adapted to suit an Irish context.  Thus the County Surveys have the minimum information necessary to uniquely identify, record, and evaluate a representative sample of the range of structures that merit protection. ….
12,6   Architectural Conservation Area’s :
The Plan states Boundaries for Architectural Conservation Areas have been defined for Ballitore, Kilcock, Leixlip, Maynooth, Monasterevin, Moone, Prosperous and Rathangan (refer Maps 12.1-12.8). 

New development within these areas will normally only be granted planning permission if it can be demonstrated that it will not harm the character or appearance of the area. ACAs provide an opportunity to build upon an existing character by establishing a high standard of urban design. A distinctive sense of place can be created through street lighting, street furniture, paving, signage, and by encouraging best conservation practice in the repair and maintenance of historic buildings, and  also by insisting

Given the number of protected buildings in the vicinity of Celbridge Village and the fact that there is an existing Georgian streetscape it is difficult to fathom why no Architectural Conservation Zone has been defined for the town. Indeed the Celbridge LAP stresses the importance of the historic character of the town.   The Olley/O’Kane Crimmins Report states (page 4):   Castletown House and its surrounding designed landscape lies adjacent to the town of Celbridge.  Their histories have been tightly interwoven and are physically and aesthetically interdependent.  The main street of Celbridge extends into the grand straight avenue that leads towards the house.  Also, town and demesne were physically and economically linked by the most prominent landscape feature of the area, the River Liffey.

I am proposing that a commitment to define an Architectural Conservation Zone or Zones for Celbridge,   this should be done within a defined time-frame perhaps 12 months.   If the Celbridge LAP requires variation in order to achieve this,  a commitment should be made to do this.  

 
Chapter 12 of the Draft County Development Plan for Kildare (deals with Architectural & Archaeological Heritage  )
12.4.1 Country Houses and Demesnes
County Kildare boasts a large number of Country Houses and demesnes where the grounds and settings constitute an intrinsic element of their character. Piecemeal development of demesnes can be detrimental to the historical and architectural importance of the demesne and country house. It is an objective of the Council to prohibit development in gardens or landscapes which are deemed to be an important part of the setting of a Protected Structure or where they contribute  to the character of an Architectural Conservation Area.

The Department of the Environment, Heritage and Local Government’s Architectural Heritage Protection: Guidelines for Planning Authorities states that ‘the features used to define the boundaries of protected structure can often make an important contribution to the quality and character of the building and the surrounding streetscape or landscape’ (13.4.1) and also states that ‘proposals to remove or alter boundary features could adversely affect the character of the protected structure and the designed landscape around it.’

The draft plant states: 
“To protect the curtilage of protected structures or proposed protected structures from any development which would cause loss of or damage to the special character of the protected structure and loss of or damage to, any structures of heritage value within the curtilage of the protected structure.”

“To prohibit inappropriate development within the curtilage and /or attendant grounds of a Protected Structure.  Any proposed development within the curtilage and /or attendant grounds must demonstrate that it is part of an overall strategy for the future conservation of the entire complex including the structures demesne and or attendant grounds.”

The above statements are in line with the Council’s statutory obligations,  however,  how that obligation is interpreted can be at variance with the above statements.  It is insufficient to state these in the plan and then when there is a conflict between economic versus conservation objectives,  the economic objectives take precedent.   Not only must Kildare comply with its statutory duties in the written statments,  it must also act on behalf of the Nation in actively  preserving that part of the Nation’s heritage  located within the County.  

According to the Irish Georgian Society:   Donaghcumper’s stone boundary wall is not only a significant feature of the house itself but crucially contributes greatly to the approach to the historic village of Celbridge.  The demolition of the most of the wall coupled with the widening of the existing road and the removal of mature trees would result in drastically alter the existing approach to Celbridge. 

The plan also needs to be specific on how the curtilage of a protected structure is determined.    While a declaration from the Planning Authority as to the type of works, which it considers, would or would not materially affect the character of the protected structure can be sought.  That process, for example, has not proved to be adequate in relation to Donaghcumper Demesne.  Therefore the process needs to be examined with a view to adding greater safeguards.  

Linkage between Castletown – Donaghcumper – St Wolstan’s Demesnes
The importance of protecting the views between all three.

A linkage between the demesnes of Castletown,  Donaghcumper and St Wolstan’s has been established by Dr Finola O’Kane Crimmins & Dr. John Olley from the School of Architecture,  Landscape and Civil Engineering in UCD.  In their 2006 document  DESIGNED LANDSCAPE OF CASTLETOWN CELBRIDGE AND ADJACENT DEMESNES,  which  was commissioned by Kildare County Council. They state on page 27    “This study has clarified the extraordinary degree of design and planning evident in the composite design of three demesnes; those of Castletown, St Wolstans and Donaghcumper.  With their key spinal town of Celbridge they form a remarkable instance of the quality and vision of eighteenth-century landscape design.  Research has also suggested that dependency on other linked demesnes;   those of Leixlip Castle, Celbridge Abbey and Oakley Park.  This composite landscape design is of considerable significance and should be awarded all due protection, recognition and public dissemination….”

The Draft Development Plan seeks to  maintain the views from Castletown House to the River Liffey and to maintain views along paths within the curtilage of the House. 

The statement above must go considerably further than simply maintaining the views to the River Liffey; the plan must acknowledge the link, in this case, between the neighbouring demesnes together with their location within the Liffey Valley.   The views between the three demesnes require to be protected in line with the Dr John Olley/Dr Fiona O’Kane Crimmins report,  below  is a selection of quotes from that report.   

Page 6 On the Castletown Demesne the riverside area was an area of intensive landscape design.  The Rocque Map of 1760 shows a Terraced garden leading down to the river part of an earlier landscape maybe as early as seventeenth century.  This gave way to the development of the eighteenth century riverside walk by the Connolly’s through the second half of the eighteenth century.  This area was separated from the surrounding parkland, physically but not visually, by a continuous ha-ha...This zone linked back to the house along a strip bordering the pond…..

The riverside walk was elaborated with garden buildings,  the Siddons Temple,  a bathing house,  the ice house and the Gothic (Batty Langley) Lodge at the Dublin Gate.   Of great importance to the riverside walk were the views of,  and to the opposite bank and its adjoining landscape…..

In order to fully  comply with the provisions of the Granada Convention and the Architectural Heritage (National Inventory) and Historic Monuments (Miscellaneous Provisions) Act 1999.  The lands that were rezoned for a Town Centre extension,  in Donaghcumper should be rezoned to Amenity.

That the Manager provides advice on the most appropriate way to achieve this goal.  

I am also seeking a copy of the declaration that was provided in relation to  the types of works, which the planning authority considers, would or would not materially affect the character of the protected  structure.
 
Liffey Valley
Olley/McKane Crimmins report on page 5 states:   The Liffey is the central landscape feature from Blessington to Dublin.  It was the spine that structured settlement and development of the landscape.  In its turn, it has been shaped to provide transport, power, food and pleasure.   It has always been a resource and an amenity….

The plan needs to clearly  state the section of the Valley to which the Special Area Amenity Order should be extended to.  A time-frame for advancing that initiative should also be specified.   

Rights of Way – Castletown
The issue of an existing right of way at Castletown is of concern to many residents; some strongly feel that right should be maintained.   The OPW wish to extinguish this right of way because of a serious problem with  vandalism.    I include some references from the Olley/O’Kane Crimmins report which underpin the existence of a right of way.  

Page 7 “The walk existed as part of a right of way from the Celbridge gate to the Dublin gate.   Recently this has been interrupted and therefore the integrity of the riverside walk compromised following the sale of the Batty Langley Lodge.  
Thankfully the OPW has now purchased and restored the lodge and that impediment has been removed.  

Page 12:  Noble and Keenan’s map shows the demesne boundary of Castletown and its relationship to the River Liffey.  Although the map is schematic in it representation of some features, it portrays the relationship between elements well.  The demesne did not reach down to the edge of the Liffey.  In addition the Rocque Map of 1760 shows a clear boundary set back from the river.  Part of the line is the lower boundary to the earlier terraced gardens…Between the boundary and the river it appears as if there were a road.  This is the line of the old Dublin to Celbridge road discussed above.    This was replaced by a new road on the other side of the Liffey where it still forms the straight southern boundary to both Donaghcumper and St Wolstans demesnes.   Although most of the traffic would have moved to the new road,  the old route remained a right-of –way despite the best efforts of the Connolly’s.   This route was to become the armature for the development of the riverside by Louisa.  The River Walk had a lower level corresponding to the old Dublin road and an upper level that may have had its origins in the line of the demesne boundary.  

Page 13 The other major entrance and approach to the house was from the gate along the old Dublin Celbridge road.  During the eighteenth century as the riverside became seen as part of the parkland a lodge and gate was developed along the line of the old road perhaps to control traffic on this old right of way and to lay claim to the riverside. 

During the recent works associated with upgrading the Celbridge Pump Station part of the original  road referred to above  was unearthed.  

I am seeking to have this right of way confirmed in the context of the County Development Plan.  

Urban Design
While it is desirable to provide pedestrian access within housing estates,   there is increasing evidence that design and location of walkways can also be problematic.  It is essential,   if the council are to continue to seek such provision,   that there is greater care in designing safeguards particularly for those who will live in close proximity.   Perhaps the service provided by the Gardai on Environmental Design could be consulted for appropriate safeguards.   (I have submitted one of their guidance documents as a separate submission)

Swales and Streams
A photo of Swales at Upton is included in an attempt to show a means of providing attenuation.   A statement should accompany this in relation to maintenance and safety for children.   Streams within housing estates such as Meadowbrook,  Maynooth,  Glendale Meadows,  Leixlip and Vanessa Lawns in Celbridge can be both problematic to maintain and can also be quite dangerous location’s for young children.   They may have been shown as visually very attractive features on  sales brochures,  however,  given that maintenance of such area’s is generally carried out by or under the supervision of  residents associations,   this aspect must be considered and provided for in the development plan.  

Retail
The Retail Strategy for the County was adopted at a time when the Retail sector was booming.  It is one of the sectors most affected by the downturn, therefore, the question of overprovision of retail space should be considered as part of this plan.  There is a significant quantity of vacant retail space in some parts of the county which can make a town or village very unattractive.   

Given the level of personal indebtedness and the poor prospects for an early recovery in the retail sector,    we now need to review the  entire retail strategy.    The Development plan needs to quantify the extent and type of floor space that puts a town or village into the self-sustaining category and also consider what shortcomings contribute towards some of our towns and villages underperforming.  

Movement & Transport
The plan needs to address the various  traffic calming options, not just ramps, towards a policy of civilizing our towns.   Many  distributor roads,  within our towns,  are of a modern design,  yet,   the evidence is that some were not designed with pedestrians in mind,  or indeed access/egress from housing estates on to these roads.   In order to reduce the demand on expensive retrofitting of traffic calming the design of new distributor roads needs to anticipate those needs.   

I am seeking a review of the design standards for distributor roads.  
 
I have made a separate submission on Aviation in general and Weston in particular.