The awaited response for additional information regarding the OLG hockey pitch planning application was recently submitted by Tom Phillips and Associates (Durkan’s town planners) on 13th September 2018, on behalf of the BOM of the secondary school.
The details (22 pages) can be found on the DLR planning website, or you can download the PDF here (7mb).
The developers have sought S.C. legal opinion and have challenged the Council on a number of points they claim are Ultra Vires (beyond their legal power or authority).
The main responses are:
- BOM advise that request for Masterplan ultra vires.
- Third parties (that would be Durkan most likely) not bound by Masterplan.
- Agree to submit Masterplan on “Without Prejudice” basis. (Their submitted Masterplan is merely a drawing of the existing planning application).
- Reason for new Hockey Pitch site is that existing site sold subject to purchasers providing all weather pitch.
- Sale of land not subject to planning control (DLR cannot impose restrictions outside new site)
- 330 pupils in secondary school – primary school separate – so site size not relevant
- Does not prohibit expansion as 2040sq. meter area still available (this area is the bit taken up by portacabins, plus a small bit of green area beside the tennis courts)
- Hockey club not named – they are only in discussion.
- DLR cannot require school to provide unrestricted access to third parties (no community access?).
- DLR does not have power to impose condition requiring right of way for cyclists / pedestrians access – request for same ultra vires.
If DLR was to accept these points would this mean that the main development site would suddenly become non institutional lands and be exempt from all the relevant Development Plans (2016-2022)?
DLR planners can chose to accept/reject this response from the developers in arriving at their decision.
There is also an issue of the orientation of the proposed new pitch. Currently the old one is North-South. The new proposal would turn it East-West. For health and safety reasons this is contrary to best practice, as recommended by Hockey Ireland/ Sport England/ International Hockey Federation.
Some earlier posts about this planning application: