An Bord Peanála

Referral Case RL2615: Williamstown Circus Field

 

An Bord Pleanála has decided that the works conducted by the Council in the Williamstown Circus Field on the Rock Road (between Carroll & Kinsella and Seafort Parade) was exempted under the Planning and Development Acts, from the requirement to obtain planning permission.

 

This means that the appeal against the car park has been rejected and the County Manager may retain the car park at this location.

 

You can read more about this issue by clicking on the links below:

Southside People – 20th December 2008

Southside People – 22nd January 2009

Southside People – 17th February 2009

An Irish Town Planner’s Blog – 9th February 2009

An Bord Pleanála reference

 

The order of An Bord Pleanála reads as follows:

 

An Bord Pleanála Reference Number: 06D.RL.2615

 

WHEREAS a question has arisen as to whether the development of car parking facilities, drainage and change of ground levels at Williamstown, Circus Field, Blackrock Parklands, County Dublin is or is not development or is or is not exempted development:

 

AND WHEREAS Victor Boylan of 25 Grange Crescent, Dun Laoghaire, County Dublin requested a declaration on the said question from Dun Laoghaire-Rathdown County Council and the said Council issued a declaration on the 2nd day of February, 2009 stating that the said development was exempted development:

 

AND WHEREAS the said Victor Boylan referred the declaration for review to An Bord Pleanála on the 6th day of February, 2009:

 

AND WHEREAS An Bord Pleanála, in considering this referral, had regard particularly to Sections 2, 3 and 4 of the Planning and Development Act, 2000, as amended:

 

AND WHEREAS An Bord Pleanála has concluded that -

 

(a) the provision of this car park and associated drainage works and changes of levels constitute “works” that comes within the meaning of “development” in Section 3(1) of the Planning and Development Act, 2000,

 

(b) the provision of this car park, on lands which were formerly grassed areas and used principally for open space purposes, constitutes a change of use of such lands, which change is material in planning terms, and therefore comes within the meaning of ‘development’ in Section 3(1) of the said Act, and

 

(c) the provision of this car park and associated drainage and changes of level was carried out by Dun Laoghaire-Rathdown County Council, and the lands concerned are located within the functional area of the Council, and therefore comes within the scope of Section 4 (1)(b) of the said Act:

 

NOW THEREFORE An Bord Pleanála, in exercise of the powers conferred on it by section 5 (3) (a) of the 2000 Act, hereby decides that the said development of car parking facilities drainage and change of ground levels at Williamstown, Circus Field, Blackrock Parklands, County Dublin is development and is exempted development.

 

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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