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Geese to the Rescue
Clontarf/Raheny faces the loss of a big tranche of green space as a large residential development on lands currently used as sports facilities goes before An Bord Pleanála. What has been missed, in the turmoil of local antagonism, is that the development is illegal under Irish and European law as it threatens a famous, cherished and protected species, Brent Geese. The geese are afforded strict legal protection under the Special Protection Area designation for North Bull Island, arising out of the Habitats Directive. There are currently two planning applications under consideration on a site adjacent to St Anne’s Park and St Paul’s school in Clontarf/Raheny in Dublin. One is a proposed sports facility with permission sought from Dublin City Council. The other is a proposed large-scale (536 units: 104 houses and 432 apartments) residential development under a strategic housing development application to An Bord Pleanála. The two applications are interlinked; the sports facilities are being proposed to compensate for the loss to the residential development of the existing heavily-used sports pitches. Land Ownership and Planning History of the Site The site was originally part of the St Anne’s estate, the home of the Guinness brewing family on which Lord Ardilaun forged a magnificent Palazzo out of the original seventeenth-century house. In the 1930s Dublin City Council CPO’d lands (which included this site) and used some of the lands for social housing, the rest became St Anne’s park. The great house burnt down in 1943. In the 1940s the Vincentian Fathers bought property nearby and developed a school; St. Paul’s. At the same time Dublin City Council wished to extend Vernon Avenue north to the Howth Road via Sybil Hill. A land swap occurred – the Vincentians got 15 acres of the park for a nominal sum and Dublin City Council were able to connect Vernon Avenue with the Howth Road via Sybil Hill. As to ownership of these lands, a post on the ‘I Love St Anne’s’ Facebook page dated 4 June 2016 (attached to the video clip of Councillor Ciaran O’Moore) states “Interestingly, the last time we checked, the 15 acres were still registered with the Land Registry as belonging to DCC. The legal dept of DCC carried out a title search on the lands last year, concluded that they belonged to DCC & registered them as such. We have been told that this is an irrelevant clerical error, presumably it’s a clerical error that would need to be resolved before Title on the land can pass to Crekav Developments who are rumoured to have paid in excess of €15 million to the Vincentians for it”. The lands have been used as sports pitches by St Paul’s school and up until very recently (i.e. the last few weeks) by local GAA, soccer and rugby clubs – many hundreds of children have been using these pitches at the weekends. The local sports clubs have now been told they may no longer use the lands. Up until 2001 the lands were open to, and contiguous with, St Anne’s park. In 2001 the Vincentians, citing insurance reasons, applied for and were granted permission to erect a fence around these lands, creating a barrier/ distinction between them and the park. Despite this separation, local people have always viewed these lands as an integral part of the amenity and facilities of St Anne’s park. In 2012 the Sisters of Charity won a court case against Dublin City Council about Z15 (i.e. Community and Institutional Resource Lands: Education, Recreation, Community, Green Infrastructure and Health – To protect and provide for institutional and community uses) zoning for lands of theirs in Sandymount, Dublin 4. The Sisters of Charity objected to a condition of the Z15 zoning which precluded development on their lands. All of the order’s 108 acres of lands in 18 separate parcels had been zoned Z15 in the city development plan. They said the Council had given no reasons for the restrictiveness of the zoning compared with other open space lands. The Commercial Court ruled that all Z15 zonings in the Dublin City Development Plan should be quashed, and the city Council did not have the nous to simply give reasons to Z15 landowners. A good one would have been that the citizenry had built up a dependence on the institutional lands for open space; and that many religious lands had been purchased by monies subscribed by the citizenry for purposes that might now be described as the common good. Accordingly, in May 2013 Dublin City Council amended its Development Plan and Z15 zonings including for the St Paul’s lands. The result was that the revised zoning allowed residential development as “open for consideration”. In 2015 the Vincentian Fathers sold the lands to a developer, Arklow-born Greg Kavanagh and Pat Crean from Kerry, through their New Generation Homes, for a reported €25,000,000. It appears that subsequently Greg Kavanagh and Pat Crean split, with Pat Crean now pushing the application at St Paul’s under Marlet Property Group, with financial backing from M&G, an investment-manager arm of the UK’s Prudential. In 2015 two planning application were lodged, but not pursued, by Crekav Landbank Developments Limited for sports facilities and a residential development (381 units). In Sept 2017 a planning application was lodged by Orsigny, a Company Limited by Guarantee, for sports facilities. This application is still live. Bizarrely, the Clontarf GAA (which until a few weeks ago had hundreds of children using the site at weekends and have now been told they cannot use the pitches) put in a letter of “full support” for the sports-facilities development. The sports facilities proposed are for two all-weather pitches and a sports hall – which will be a substantially inferior facility to the existing six or seven pitches which will be lost. However, it appears that the GAA club has now put in an objection to the residential application. It really must account for its approach which may say a lot about the approach of sporting bodies