MEETING OF CLONDALKIN AREA COMMITTEE
Wednesday, May 18, 2016
MOTION NO. 15
MOTION: Councillor F. Timmons
“That this committe asks SDCC to provide a full report on why the level of screening at Newlands flyover is unsatisfactory and brief the members on what will be done to rectify this as a matter of urgency.”
REPORT:
The Conditions attached to An Bord Pleanala’s Approval for the Newlands Cross Upgrade Scheme dated 06 June 2008 included inter alia
Reason: In order to define the mitigation measures to be carried out and to ensure that the development will not have significant adverse effects on the environment.
(b) A 2.5m high solid stone (limestone) wall shall be provided along the rear boundaries of all the residential units (that wish to have such a wall) at No.’s 7 to 33 Newlands. These walls (for all those who wish to avail of this improved boundary treatment) shall be provided during the site preparatory stage of the proposed development (i.e. in conjunction with service diversions) and associated semi-mature landscape planting at this location shall be provided as soon as is practicable after completion of these boundary walls.
Reason: To protect the amenities of residential properties adjacent to the proposed road development.
The Document entitled “Newlands Cross Oral Hearing – Final Schedule of Commitments”, submitted at the oral hearing on 10th April 2008 (referred to in Condition 1 above) includes inter alia:
Residential Amenity
Privacy & Overlooking
The Council is satisfied that any negative impact on the houses on Newlands Road (including the views) emanating from the finished scheme was acknowledged at the Oral Hearing and addressed by the ‘Bord’ by way of Conditions attaching to their Decision.
In addition however, and following numerous meetings/correspondences with both residents from Newlands Road and their elected representatives, the NRA (now TII) has already provided substantial additional mitigating measures to the rear of those properties on Newlands Road namely
During the Construction phase, in Jan 2015, RPS Consulting Engineers at the request of the NRA, undertook an independent review of planning compliance following a formal complaint that there had been a number of infringements to commitments made in the EIS and in the Final Schedule of Commitments. RPS formed the view that the Landscaping Plan was compliant with the EIS, the Final Schedule of Commitments and the Construction Requirements.
The Council is satisfied therefore that landscaping for the scheme (including to the rear of properties on Newlands Road) was properly planned and executed and especially when taken in combination with the additional mitigating measures referred to above, will in time create the visual screen envisaged in the ‘Approved Scheme’. The level of screening therefore is satisfactory and no further measures are necessary or will be provided.
Finally, the Newlands Cross Upgrade Scheme was designed, built and financed by the TII. It is also operated and maintained by them for the most part except for the sections of Belgard, Fonthill and Boot Road that lie within the scheme parameters. SDCC therefore has no responsibilities for the ongoing and future maintenance of the landscaping to the rear of these properties.
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