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Saturday, July 5, 2008

LAP3 Action Group

The LAP3 Action Group has been set up by a number of concerned residents of the Trim Road. The objective of the group is to monitor developments on the LAP3 lands and take action accordingly.

The groups have lodged observations to An Bord Planala on the appeal by McAleer & Laverty against the refusal of planning permission by the council.

A copy of the document can be obtained from Nikki Nugent at nikkinugent@iolfree.ie

Saturday, May 31, 2008

Fundraising Suggestions

Events already suggested are:

- A sports day for kids
- a barbecue
- a table quiz
- a treasure hunt

Other ideas welcome!!

Annual General Meeting

Dear Neighbour,

(1) The Annual General Meeting of the Balreask Manor Residents Association was held in the Balreask Arms on Wed. May 28th. The attendance was good, an increase on the last two AGMs.

(2) It was decided to keep a watch on LAP3 developments, and a subcommittee was set up to deal with that.

(3) The outgoing committee members were thanked and applauded for their major contribution to defeating the latest effort by developers to abuse the planning laws on the lands adjacent to our estate.

(4) Events were suggested to take place this summer to raise some funds towards defraying the expenses incurred in the battle with the developers.

(5) A new committee was elected:

Chairman: Toby Joyce (170)
Secretary: Bill Slattery (81)
Treasurer: Edel Gallagher (39)
PRO: Danny Clark-Hagen (62)

(5) Road reps are invited to participate, attend committee meetings and take rsponsibility for specific actions. Next committee meeting: June 9th, 8:00, Balreask Arms.

(6) The outgoing committee (Danny & Caroline Clarke-Hagen, Nikki Nugent) will continue their commitment to the LAP3 subcommittee.

The blog will be updated. People are invited to make comment or make suggestions directly to the blog (anonymously if you wish

Friday, May 9, 2008

BALREASK MANOR RESIDENTS ASSOCIATION ANNUAL GENERAL MEETING


WEDNESDAY 28TH MAY 2008 - 8.30pm
BALREASK ARMS – BACK ROOM


Chairperson: Danny Clarke-Hagan
Secretary: Nikki Nugent
Treasurer: Caroline Clarke-Hagan


AGENDA


DEVELOPMENT OF LAP3 LANDS:
Rounds 1 and 2 to the Residents
Where we go from here
Funds needed to pay the Engineer and other costs involvedIssues going forward
Formation of Lap3-Committee to concentrate solely on the Proposed Development of LAP3 Lands

FINANCES:
Expenditure for 2007/2008Extra Printing costs relating to Development of LAP3 LandsRoad Reps need to start calling into houses to collect past-due 2006/2007 envelopes, urgently2008 is still to be collected € 60.00 and we have had 3 grass cuts and weed spraying so far this financial year

ESTATE MAINTENANCE:
Development of Balreask Manor as per the original plans with the replanting of shrubs and broken trees, and the new shrub-beds in the green areas.Spraying of weeds along the kerbs.Saturday 24th of May, volunteers needed for estate tidy up, all hands on deck with a rubbish bag and a few garden tools to help with clean-up. If homeowners are in a position to, could they buy an extra bag of bulbs or an extra tray of bedding plants and plant them around the trees in their immediate area or around the trees in the avenue, then this time next year the estate will look amazing.

CHRISTMAS PARTY 2007: A big Thank You to all the residents who left their busy Christmas shopping schedule aside for a few hours and attended the Balreask Manor Children’s Christmas Party. The event was, yet again, a fantastic success, and the children and Santa really enjoyed their day

RESIGNATION OF PRESENT COMMITTEE MEMBERS

ELECTION OF NEW COMMITTEE

ELECTION OF NEW ROAD REPS
All those interested in helping out by becoming a committee member or a road rep please attend.

A.O.B.

Tuesday, May 6, 2008

Winning this Round.....

A feeling of having accomplished something good is always pleasant, and this is one occasion where the residents of Balreask Manor and Canterbrook can congratulate ourselves that, for a while at least, we have maintained the quality of life in our neighbourhood to a high standard.

Not only that, we have signalled that we intend to keep it that way for as long as we can. We are not a pushover for any developer who wants to throw up some cheap houses and make a fast buck.

I have given the grounds for refusal below in four separate posts. People are welcome to comment on each one separately. Unfortunately, they are written in bureaucrat-speak so that they need careful reading. I, for one, may need assistance in figuring out what each one means in practice.

Grounds for Refusal of Planning Permission I

Part of the application site is zoned “to provide for and improve open space for active and passive recreation amenities” in the current 2003 Navan Development Plan. Having regard to the F1 Zoning Objective applicable to the application site, which precludes residential development, it is considered that the proposed development will contravene materially the development plan and would be contrary to the proper planning and sustainable development of the area.

Grounds for Refusal of Planning Permission II

Having regard to the failure to provide sufficient public and private amenity space in line with the Department of Environment Heritage & Local Government’s “Residential Density Guidelines for Local Authorities”, and the failure to provide an integrated and accessible hierarchy of public open space for the proposed scheme as a whole, it is considered that the proposed development would result in a substandard form of development of poor environmental quality and would provide an unacceptable level of amenity for occupants of the proposed residential units. The proposed development would contravene the objectives of the Navan Development Plan 2003-2009, with regard to provision of public and private amenity space, and therefore would be contrary to the proper planning and sustainable development of the area.

Grounds for Refusal of Planning Permission III

Having regard to the number of residential units proposed, the resultant volume of traffic generated by the scheme as a whole and the shortfall in car parking associated with the proposed development which would result in ad hoc car parking on the main circulation roads, it is considered that the proposed large scale development would represent overdevelopment of the site which would endanger public safety by reason of traffic hazard and would provide for a poor quality residential environment which would, therefore, be contrary to the proper planning and sustainable development of the area.

Grounds for Refusal of Planning Permission IV

It is considered that the proposed development by virtue of its substandard design and layout would represent an inappropriate and substandard form of urban development which would fail to provide an acceptable standard of residential amenity to future occupants. The proposed development would therefore set an undesirable precedent for poor quality living environments and would be contrary to the proper planning and sustainable development of the area.

Monday, April 7, 2008

Message from Balreask Manor RA

Nikki Nugent (nikkinugent@iolfree.ie) has circulated the following message: Congratulations are due to Nikki, Danny & Caroline for the work they have put in.

Dear Resident,

We have finished the gathering of signatures to attach to the Balreask Manor Residents Association objection letter that we had the engineer draw up on our behalf.

We would just like to thank everybody who lent their support at the doors over the last number of nights.

Overall there were 156 signatures out of 171 houses, which is roughly 91% of the estate.

We will keep you updated via the blog or email as to our progress over the coming weeks; the council are due to make their decision on April 30th.

We will be holding the A.G.M. in early May this year, as we want to wait till the council have made their decision and then decide what course of action we need to take. We will let you know that date soon, and would appreciate a full house.

Once again many, many thanks for all your support over the last number of weeks.

Regards

Nikki, Danny & Caroline

Thursday, April 3, 2008

Built Environment influences anti-social behaviour

Generally, we blame people for anti-social behaviour, and rightly so.

However, it is a scientific fact that levels of anti-social behaviour in an area are influenced by the built environment in that area. Anti-social elements will naturally seek out areas which make it easy to indulge in drinking, violence etc., and we know these activities are self-perpetuating.

I've just read a very interesting book called "The Logic of Life" by an economist called Tim Harford that shows how this can be established. The book is on sale downtown in Bookwise, or I'll loan it to anyone who calls. The basic theme is that many unpleasant aspects of life (crime, racism, ghettos) are rational and explainable outcomes of circumstances, even if they are objectionable.

For example, violent behaviour is unusual on a busy street because any gang who might attack and rob an individual will be inhibited by the number of people around. On a quiet suburban street, however, it is different - a gang of two or more can easily rob or attack a lone passerby. Lively neighbourhoods with shops, cafes, restaurants and the odd pub mixed in with housing have less levels of anti-social behaviour than areas with housing alone. Pub closing time probably excepted!!!

Even the height of buildings influences behaviour. Car thieves and burglars are much less inhibited by tall buildings that by low ones. High buildings de-personalize an area and make it vulnerable.

This lesson has been hard learned in Limerick. On the Moyross estate, the built environment is going to be totally refurbished in order to eliminate the criminal gangs who have taken it over. Families are going to be sent elsewhere, houses are going to be taken over by CAB, other houses are going to be demolished, only people with Garda approval are going to be allowed back. See http://www.ireland.com/newspaper/breaking/2008/0121/breaking43.htm

I am not saying we are going to have a Moyross, but it would be extraordinarily stupid of the planners not to take into account the experience of other towns in Ireland. To look over the Urban Innovations plan with its little laneways and its cramped thoroughfares is like looking at Irish planning of twenty or thirty years ago.

President of IPI criticizes developers

It was reported on the evening news (April 3rd, 2008) that the President of the Irish Planning Institute atttacked developers today at the IPI's annual conference. He said that Irish developers had made millions in profits by building houses without adequate infrastructure.

Sound familiar?

Check the morning papers - you may be able to get a few choice quotes for your objection.

I'll update as I get more information.

Update I: You can hear a Morning Ireland interview with the President of the IPI at http://www.rte.ie/news/2008/0403/morningireland.html - scroll down the page a bit. He is calling for developers to provide higher sums of money to local authorities for amenity and infrastructure development.

Index of Objections

If you want to access a possible objection directly, click on the URL. You can also go back to the blog main page and scroll down on the right hand side to view the individual objections and more.
1. Invalid Application http://thetrimroadblog.blogspot.com/2008/03/preamble-objection-1-invalid.html
2. Compliance with the LAP3 http://thetrimroadblog.blogspot.com/2008/03/objection-2-compliance-with-lap3.html
3. Road Infrastructure http://thetrimroadblog.blogspot.com/2008/03/objection-3-road-infrastructure.html
4. Waste and Wastewater http://thetrimroadblog.blogspot.com/2008/03/objection-4-water-wastewater.html
5. Miscellaneous x 4 http://thetrimroadblog.blogspot.com/2008/03/objections-7-8-miscellaneous.html
6. Balreask Manor & Canterbrook Unfinished http://thetrimroadblog.blogspot.com/2008/03/another-objection-balreask-manor_30.html
7. Swan River http://thetrimroadblog.blogspot.com/2008/04/another-objection-adjacent-to-swan.html
8. LAP3 did not fully address residents' concerns. http://thetrimroadblog.blogspot.com/2008/04/lap3-did-not-fully-address-residents.html
9. Bats!! http://thetrimroadblog.blogspot.com/2008/04/bats.html

Bats!!!

Will bats prevent NA800584 going ahead?

Joking apart, the presence of a protected species can be a nightmare for a developer as the animal's habitat is legally protected. All species of bat are listed as protected species in Ireland. http://www.npws.ie/en/media/Media,4990,en.pdf

Bats are seen on the estate in the summer, and there may be a colony resident in the fields (currently in hibernation).

I think the best way to handle this is to point out the probable existence of a bat population that was not picked up in the (rather cursory) environmental survey of the area. An objector can point out that a procedure exists to call in the EPA if a protected species is threatened by destruction of its habitat. Such an event would be a catastrophe for a developer who would have to halt work while the EPA investigated.

Since the first step is to inform the organization involved, perhaps the Residents' Association might get a letter off to McAleer & Laverty straightaway? I presume the objections themselves would constitute informing the local authority.

The objector could request a proper survey of the area. You do not need to know DEFINITELY that there are bats living in the field in order to lodge an objection. Merely, point out the probability and the effect it could have on the development.... particularly if you include the names of organisations you intend to invite to check the area.

Scroll down on the right to the "Heritage" entry to find the address of Bat Conservation Ireland, based in Dunshaughlin, or click on: http://thetrimroadblog.blogspot.com/2008/03/heritage.html

There may be other possible objections to destroying the old laneway on the Trim side of the estate, but the law in this area is not as definite. I doubt if the lane is a national monument.

D-Day: Wednesday April 9th @ 3:30


Objections must be lodged in the Planning Office, Abbey Road before 3:30, Wednesday 9th April.

The Reference Number is NA800584.


Important Note:


The planning office will send you a receipt. This is an important document. You are required to produce it in the case of an appeal to Bord Planala.


The following text will appear at the bottom of the receipt:


Wednesday, April 2, 2008

LAP3 did not fully address residents' concerns

I think the above statement is undoubtedly true. As Nikki Nugent points out:

"In the Navan Development Plan 2003 – 2009 in section 3.1.9 Neighbourhood Strategy it reads “Each neighbourhood centre shall be linked to the surrounding residential areas by a system of cycleways and footpaths. In mature and developed neighbourhoods, the Planning Authorities will investigate the opportunities to retrofit such cycleways and pedestrian priority measures, in consultation with the local community". One Hundred and Thirty Seven Submissions from Balreask Manor Residents were noted in the Managers Report to the council dated 3rd July 2006, all submissions stated that we categorically did not want any access, whatsoever, to the proposed development. Yet in the Adopted LAP3 document it is noted that only 2 submissions were received. I would like to ask the council what happened to our submissions, why in a democratic age, were our opinions not registered, recorded and listened to?"

I think there were at least three large public meetings on the LAP3 - two chaired by Joe O'Reilly and Damien English respectively, and one by the Residents' Associations. Out of the 137 submissions that ensued, we got one single concession. This was either a minor or major concession, depending on your point of view. This was the bollard arrangement to prevent vehicular traffic until at lest 2 years after completion of development on the LAP3 lands.

No one can be comfortable the McAleer & Laverty's architects Urban Innovations basically wrote the LAP3 as "consultants". You can bet that many of the planners are on first name terms with the developers' staff. I heard the Environmental Correspondent of a major newspaper say that planners spend a lot of their working day in meetings with developers. Consultation with a Residents' Association or Outreach to ordinary householders is unheard of.

Coupled with that, we are coming off a major building boom fueled by developers in which the Government has done everything possible to be "business friendly". Ok, that has not been all bad (much of it has been great!). But it also means that developers are a pretty arrogant and cocky bunch who are used to getting their own way, and expect planners to give it to them.

So it may be useful to object to this whole unholy alliance between developers and planners, and the lack of consultation with residents. In the end, planners are public servants, and who are the public?

Tuesday, April 1, 2008

Another Objection: Adjacent to Swan River

This concerns the Swan River which is the stream that runs from the swampy land behind the estates (where the "pond" will be) between Canterbrook and Balreask Manor. It especially affects residents who back onto the stream.

Mr Molloy did not fulfil his obligations to the planning permission, and could still be brought back to complete what he was supposed to do. However to access the river/ culvert, he would require a "wayleave" through all the houses that back onto the stream. As far as we know, this is not part of the conditions of sale for any of the houses, and might be a very useful bargaining chip to force Molloy and his partners to make concessions on the development on the LAP3 lands.

Further information:

Planning Ref: 99/2617

Further Information Requirements

3) The Planning Authority also note from visual inspection of the application site that the existing watercourse, the Swan River, which runs the entire length of the northern boundary has been piped without planning permission. You are requested to submit your revised proposals to regularise this matter, as part of the current planning application, inclusive of longsections, pipe sizes, etc. You are also requested to clarify calculation sheets of the proposed pipe to demonstrate the adequacy of the apparent 1050 mm diameter pipe to accommodate the open channel. You are also requested to submit the written consent of he Office of Public Works Drainage Division to the works proposed.

4) It is also noted that this 1050 mm diameter pipe will run through the cartilage of 27 no. dwellings. You are requested to indicate to the Planning Authority whether or not a wayleave was included as a legal burden on the sale of each of these dwellings, the width of such a wayleave and in the absence of such a wayleave having been included as a condition of sale, your proposals for the maintenance of this surface water sewer.


The expert is Mark Byrne at markjoebyrne@eircom.net . Here are some of his clarifications:

If a wayleave exists through the said properties and at some point in the furure Mr. Molloy is tasked with upgrading same he will have the right to enter these properties to carry out the work, although he will have to make good on the reinstatements etc.

Should a wayleave not exist (and it certainly doesn't on my site folio plan) then he will have to contact each householder and try to invoke a clause contained within my own conveyancing contract (and I'm advised by my solicitor that this clause is standard on all house buying contracts in this country)which provides for the developer being allowed to enter the properties for a period of 21 years after sale to allow for the installation and maintenance of pipes, cables etc. This came as a surprise to me some five years ago when the developer in Canterbrook sought to "T" into the Swan River culvert in my rear garden. This is the case on paper however the reality is that he would have to "do a deal" with each householder in order to carry out this work.

Sunday, March 30, 2008

Another Objection: Balreask Manor and Canterbrook unfinished.

Residents of Balreask Manor and Canterbrook have separately pointed out that the developers of each estate have not fulfilled their commitments in either case. The information below applies mainly to Balreask Manor, but residents of Canterbrook should examine exactly what their developers have left undone. These developers include Mr McAleer who is leading the LAP3 application.

The developerof Balreask Manor (Paddy Molloy, who is part owner of the LAP3 lands and whose name is on the application along with McAleer/ Laverty) has not completed the terms of his planning permission, which included:

"Local Government (Planning & Development) Acts, 1963 to 1993

‘’Planning Register Number: 98/236
Application Date: 23/02/1998

In pursuance of the powers conferred upon them by the above mentioned Acts, Meath County Council have by order dated 19/10/1998 granted Permission to the above named for the development of land……subject to the 25 conditions set out in the schedule attached:-

Condition 1
The development shall be in accordance with plans and particulars submitted on 23/02/98 and as amended on 29/04/98, 20/05/98, 08/06/98, and 26/08/98 except where conditions hereunder specify otherwise.
Reason: In the interest of proper planning and development.

Condition 13
All screen and front boundary walls shall match with that of adjacent dwellings. Screen walls shall be a minimum 2.0m high and shall be provided between sites and public places.
Reason: In the interest of privacy.

Condition 14
Garden walls shall be provided at a minimum 1.8m high and shall be erected along the rere garden boundary of every dwelling house.
Reason: In the interest of privacy.

Condition 24
The developers shall pay to the Planning Authority the sum of £1,000 (one thousand pounds) per house as a contribution to the expenditure to be incurred in the provision of a central town park along the Boyne and Blackwater Rivers in Navan to serve the development. Payment of this sum shall be made prior to the commencement of the development. The above sum shall apply until 31st December 1998, and shall be subject to annual review thereafter unless previously paid.
Reason: To contribute towards the cost of facilities which facilitate the development.
(We paid this £1,000 (included in our house price), where is this park that they speak of? Planning permission for BM was given 10 years ago….)

a) House numbers 140 -158 and 40 – 29 only have rere garden wooden fencing.
b) As per the visual plans all our outside walls are supposed to be rendered so there is no visible block work.
c) As per the visual plans all our chimneys are supposed to be bricked.
d) As per the visual plans detached houses are supposed to have a porch over the side entrance."




This is a valid objection to Molloy's involvement in the LAP3 lands, particularly for people in houses 140-158 and 29-40. Molloy should not be allowed to make money from his land at the back until he has completed this estate first. He assured early house buyers that he was just going to build a few more houses in the field to complete Balreask Manor as a self-contained estate.

Saturday, March 29, 2008

Conclusion [Engineers' objections below in REVERSE ORDER]

9) Conclusion

We the residents of Balreask Manor realise that the subject lands are within the development envelope of Navan, where there is a presumption in favour of development. Again, we realise it is inevitable that development will occur on the site, any such development must be in conformity with the proper planning and development of the area. Given the large scale of this development however, we feel it is imperative that any approved scheme adheres to best planning principles and is should be realised in consultation with the established residents. An insensitive development such as that proposed, that clearly ignores the concerns of the residents of the area will have a severe negative impact on our homes and potentially on Navan as a whole. Indeed the concept of the LAP3 approach is that any such plan would be developed in partnership with the stakeholders in the area. The developer has shown no imagination or artistry and rather appears pre-occupied with fitting as many dwellings on the site as possible; indeed our concerns were clearly ignored in the preparation of the LAP3 by Urban Innovations and again ignored in the preparation of this application. We would contend that this is not in keeping with the proper planning and sustainable development of the area. We ask that you take our points of view on board when considering this proposal and refuse the application.

Objections 5 - 8 : Miscellaneous

5) Proposed Pedestrian / Cycle Link

As stated in the Adopted Local Area Plan 3 and shown in the plans there is a link into Balreask Manor. In relation to this link, “The opening of these links to vehicular traffic shall be subject to review by the Planning Authority two years after completion of development of the LAP3 lands, in consultation with local residents’’

We would again like to register our objection to the linkage between the proposed development and our existing estate. The pedestrian flow through our private established estate would have a severe negative impact on the residential amenity of our estate including privacy and security. Any road linkage, regardless of the traffic calming measures put in place, would also seriously undermine our existing quality of life. Again our security along with the safety of our children would be compromised by this through route and the increased volume of traffic.

Further on health and safety issues, we categorically have no wish for our children to have easy access to the open space and lake in the proposed development.


6) Open Space / Proposed Attenuation Pond

In broad conformity with the LAP3 zoning as proposed in Navan Development Plan No. 1, an area of open space has been provided in the centre of the development on land designated for “F1” use. There is no ‘neighbourhood centre’ identified in the planning application, it would appear that his development will be part of a later development, when clearly it should be a first priority. Notwithstanding this flaw with the LAP3 as adopted, the proposed development ignores best planning principles and guidelines in respect of the provision of open space, in that open space should be an integral part of the design in order to:

1) Meet informal and formal recreation;
2) Contribute to the distinctiveness and attractiveness of the development;
3) Create safe, convenient and accessible space for all sections of society, particularly children, the elderly and people with disabilities;
4) Reduce the need for residents to travel elsewhere;
5) Enhance security through activity

In our view, the open space proposed on the layout fails to do this. Although a central area has been provided in broad conformity with the zonings the developer has shown no imagination or concern for the marginalised groups mentioned above in the design. The “Residential Density Guidelines 1999” state that, “The provision of open space to serve new residential developments should be on a hierarchical basis varying in size from large regional parks to small children’s play areas and passive recreation spaces close to peoples homes.” Again it is obvious that this planning application does not adhere to these principles. The developer has simply provided an area in the centre of the development. This is not readily accessible to those on the fringes of the development, especially the elderly, young children or the disabled. There are no other communal open spaces or passive recreational areas in which residents can mix and socialise. This in itself is essential when trying to foster a sense of ownership and create a sense of place. This in turn is central to creating a sustainable environment. How are parents in the proposed development afforded the ‘passive monitoring’ of their children? Residents on the fringes will not be able to see their children playing in the only open space.

We also have issues with the lake proposed for this development, on the area designated as open space. The “Residential Density Guidelines” advise that open space should not be allowed where it is inadequately overlooked, supervised or accessible. This tract of land is exactly that, in this it is also our belief that the provision of a lake within this area is irresponsible. This zone will be a Mecca for children and the lake will be a potential hazard, in effect an accident waiting to happen. We would contend that there is a major health and safety issue associated with this proposal. Indeed there is a clear need for a safety audit to be carried out, by and approved H&S consultant. We as residents of the adjacent development have no wish for our children to have access to this area of land. We categorically request that any linkages between our estate and the proposed development be securely and permanently closed off.

7) Retention of Trees / Boundary Lane

A complete disregard has been shown in the design for the natural landscape to the extent that no attempt has been made to retain existing native hedgerows or trees, we would also ask that the many mature trees and hedgerows, which ring the estate are retained, due to the colonies of Bats that roost there over the summer months. Planning practice demands that developments be evolved as a response to the landscape, not imposed upon it.

We would also reiterate our request that the laneway made in our submission to the LAP3 (old road to Tara) to the south of Balreask Manor be retained as a natural buffer between the estate and what will be a busy link road. This laneway is a haven for wildlife and has many mature native trees, which are worthy of retention. The council have stated in the past this would be the case, yet we see no evidence in the LAP3 or the application to verify their commitment.


8) School / Health Centre

We object to any development of the LAP3 lands until there is absolute and binding written confirmation from the Department of Education and the Health Service Executive that the development of the services proposed on the LAP3 lands are in place and the buildings required are provided for and built. As too often has happened in the past regarding development of such areas that these are witnessed on the initial planning applications, but at a later stage withdrawn due to lack of funding. We would contend that the provision of a 1.2 hectares site for a school is too small (we understand the current requirement is of the order of 2-2.5 hectares).

We would point out that he attenuation pond is in plain view of their proposed school building, given the dangers that could potentially arise from this attenuation pone, we would doubt that if the Department of Education (given the supervision and associated insurance risks) would be willing to build a school next to it.