Objection to Proposed Retail Commercial Development on a Flood Plain in Skibbereen Town

MAIN GROUNDS OF OBJECTION

The full grounds of objection together with the arguments, reasons and considerations upon which these are based are set out below. For clarity and ease of reference we propose to deal with each individual element of the grounds for our clients’ objection and outline our response to each in turn.

2.1 Development on Floodplain

We respectfully submit that a moratorium on any such development should exist until the Office of Public Works (OPPW) complete the flood impact assessment and alleviation plan for the town of Skibbereen.

It is clear that the proposed site is located on a flood plain and under no circumstances should planning and development be considered until a thorough appraisal of the potential impact of such a development on a flood plain is examined in light of recent flooding of the town and in particular in the absence of OPW flood mitigation works for the town of Skibbereen. The applicants have clearly failed to address this major planning consideration in their application.

The Draft Planning System and Flood Risk Management Guidelines require the planning system at national, regional and local levels to:

• avoid development in areas at risk of flooding, such as floodplains, unless there are wider sustainability grounds that justify appropriate development; and where the flood risk can be reduced or managed to an acceptable level without increasing flood risk elsewhere;
• adopt a sequential approach to flood risk management and guide development away from areas that have been identified as being at risk through flood risk assessment. In areas of high risk, for example, you should see water-compatible developments such as docks and marinas, amenity open space, outdoor sports and recreation, while other more vulnerable development should be directed towards areas of minimal or no flood risk.
• incorporate flood risk assessment into the process of making decisions on planning applications and planning appeals.

We respectfully submit that the applicants have clearly failed to address these issues in their application.

2.2 Traffic Implications

Such a large scale development will attract large volumes of car-borne customers and require a high quality road network with spare capacity. Furthermore, it is clear that the proposed mixed-use retail and commercial development will result in traffic that would result in significant traffic congestion at the already busy access and link road to Skibbereen town as well as within the town centre.

The planning application has not examined the traffic implications and existing infrastructure to support this development.

The site of the proposed development does not serve the mobility needs of the wider community including the needs of pedestrian shoppers. No traffic mobility assessment has been undertaken for the proposed development which must ensure a high standard of access both by public transport, foot and private car so that the proposal is easily accessible by all sections of society, especially those that do not have access to a private car and of course the elderly.

This is particularly relevant where the site does not provide for public bus set-down or bus service in the vicinity of the proposed development. The site is neither accessible nor convenient for public transport facilities and contrary to the information provided in the planning report submitted, the site is located approximately 700m from the established town centre not less than 200m.

The applicants have clearly misrepresented the distance of the site for the proposed development from the established town centre. The established guidelines clearly state that the distance considered to be convenient for such a development is unlikely to be much more than 300-400 metres from the edge of the prime shopping area. The applicants have clearly failed to address these issues in their application.

Prior to even considering such a development a thorough traffic mobility and impact assessment must be undertaken in addition to a socio-economic impact assessment of the impact of such a development on the viability of the town centre to survive such a development.

The proposal is likely to result in a back-up of traffic onto the access road in and out of the retail development as well as onto the link road and roundabout thereby obstructing the free flow of traffic at this location and endangering public safety by reason of traffic hazard.

The applicants have clearly failed to address this issue in their application.

We further respectively submit that in the absence of a traffic impact assessment or mobility management plan for such a large-scale commercial retail development the planning application should be refused.

2.3 Retail Impact

It is our respectful submission that the applicants have failed to provide any reasonable grounds that would allow the Planning Authority to grant permission for the proposed development. We respectfully contend that the submitted documents do not demonstrate the true impact of the proposed development on the established commercial business centre of the town and local stores within the catchment area and the materially negative impact that the proposal will have on the business community which has already been substantially degraded in recent years due to the economic recession.

We respectfully submit that the assessment of current retail provision for the town is based on the Cork Strategic Retail Study, a survey of existing retail floor space conducted in the summer of 2007. The report does not examine the level of empty commercial retail space currently in the town and the impact of the proposed development on the remaining established businesses.

We respectfully submit that the retail impact assessment has based current expenditure in the town at 2006 levels set during the height of the economic boom in Ireland and is not based on current expenditure during the worst economic downturn in the history of the state. The applicants have clearly failed to address this issue in their application.

We respectfully submit that the retail impact assessment has not examined the cumulative impact of the proposed development with other recent retail developments such as Lidl on the commercial town centre. We respectfully submit that the cumulative impact would cause an adverse impact on the commercial viability and vitality of the town centre sufficient to undermine the quality of the town centre or its role in the economic ands social life of the community. Furthermore, the creation of 490 additional car parking spaces at this location outside the town would clearly not serve the need of the town centre as a whole but rather the exclusive use of this development. The introduction of pay parking in the town would subsequently encourage business drift from the town centre to where free parking was available and further commercially damage the viability of the established town centre businesses leading to inevitable closure and increased economic hardship for the business community in an already deepening period of economic recession. The applicants have clearly failed to address this issue in their application.

We respectfully submit that the proposed development does not support the development of the town centre as a viable business centre, does not address the current problems facing business in the commercial town centre nor present a realistic vision of how the community want the town centre to be developed.

We respectfully submit that the proposed development must be based on realistic appraisal of the need for such a development and the impact of such a development on existing businesses within the town.

In dealing with these matters, the Planning Authority should take account of the views of retailers, shoppers, property owners and the National Roads Authority. We respectfully submit that no such consultation has been undertaken. The purpose of the planning system includes the promotion of healthy town centres in the public interest. We respectfully submit that the proposed development does not support this objective.

In submitting evidence in relation to retail impact the applicant is required to address the following criteria and demonstrate whether or not the proposal would:

• Support the long-term strategy for town centres as established in the development plan and not materially diminish the prospect of attracting private sector investment into one or more town centres.
• Cause an adverse impact on one or more town centres, either singly or cumulatively with recent developments or other outstanding planning permissions, sufficient to undermine the quality of the centre or its role in the economic and social life of the community.
• Diminish the range of activities and services that a town centre can support.
• Cause an increase in the number of vacant properties in the primary retail area that is likely to persist in the long term.
• Ensure a high standard of access both by public transport, foot and private car so that the proposal is easily accessible by all sections of society.
• Link effectively with an existing town centre so that there is likely to be commercial synergy.

We respectfully submit that the proposed development does not comply with these criteria. The proposed development will not support the long-term strategy for town centres, will materially diminish private sector investment into the town centre, will cause adverse impact on one or more town centres in West Cork, will undermine the commercial viability of the town centre and its role in the economic and social life of the community.

We respectfully submit that the proposed development will diminish the range of activities and services that a town centre can support and cause an increase in the number of vacant properties in the primary retail area that is likely to persist in the long-term.

We respectfully submit that the proposed development does not provide a high standard of access both by public transport, foot and private car so that the proposal is easily accessible by all sections of society.

We respectfully submit that the proposed development does not link effectively with an existing town centre so that there is likely to be commercial synergy.

We respectfully submit that there is a significant unused retail space in the town at present and that the market cannot support the proposed development.

We respectfully submit that the proposed development will support the development of an unacceptable local monopoly effect on smaller retail shops in the established commercial town centre.

We respectfully submit that this proposal will clearly have a detrimental impact on the provision of services in the established town centre and is therefore inappropriate development for the sustainable development of the town.

In assessing the need for additional development as proposed it is important that the assessments are based on a realistic appraisal of both expenditure change and market requirements. Plans should be based on up-to-date information regarding existing retail floorspace and shopping patterns in the area.

We respectfully submit that the applicants have clearly failed to address these issues in their application. Furthermore, the development of additional large-scale regional retail centres on greenfield sites or outside established centres is not regarded as sustainable in relation to transport objectives. Consequently, there should be a general presumption against large-scale out-of-centre retail development such as that proposed.

We respectfully submit that the proposed development would be contrary to the proper planning and sustainable development of the area.

2.4 Critical Infrastructure:

We respectfully submit that a moratorium on any such development should exist until the critical waste management infrastructure is provided for the town of Skibbereen.

We respectfully submit that the planning application has not examined the potential pollution load from such a development “population equivalent load’.

We respectfully submit that where no sewage treatment works have been built for the town there is an inability to treat the wastes arising.

We respectfully submit that the implications for waste management, in particular foul sewage treatment and storm water run-off have not been addressed.

We respectfully submit that major developments such as that proposed should not be permitted where the waste water treatment infrastructure is not available.

2.5 Planning precedent

We respectfully submit that there is a clear and unambiguous precedent set for the determination of the proposed development by the Planning Authority. An Bord Pleanála and Planning Authorities have refused a number of applications for developments on floodplains around the country, which should act as precedent for the refusal of the proposed development. Where planning was granted for such a development it would introduce a risk of potential liability on behalf of the Planning Authority for future damage.

2.6 Environmental Assessment

We respectfully submit that no environmental assessment has been undertaken on the site to establish the likely impact of the proposed development on the environment.

Factors such as biodiversity, species or flora and fauna on the site have not been examined.

No ambient noise assessment has been undertaken to examine the likely impact of the development on neighboring residential houses.

We respectfully submit that planning should be refused in light of the inadequacy of information provided.

3. CONCLUSION

The proposed development is located on a floodplain and was under several feet of water during the November 2009 flood of Skibbereen. We respectfully submit that a moratorium on any such development should exist until the OPW complete the flood impact assessment and alleviation plan for the town of Skibbereen.

The proposal will have an adversely negative impact on the existing established commercial town centre. The site location of the proposed development is in excess of 700m from the commercial town centre and is not accessible nor convenient for public transport facilities. The site of the proposed development does not serve the mobility needs of the wider community including the needs of pedestrian shoppers. We respectfully submit that a moratorium on any such development should exist until the critical waste management infrastructure is provided for the town of Skibbereen. We respectfully submit that the implications for waste management, in particular foul sewage treatment and storm water run-off have not been addressed for the development. We respectfully submit that major developments such as that proposed should not be permitted where the waste water treatment infrastructure is not available.

No traffic impact assessment has been provided for the proposed development. The creation of 490 additional car parking spaces at this location outside the town would clearly not serve the need of the town centre as a whole but rather the exclusive use of this development.

The introduction of pay-parking in the town would subsequently encourage business drift from the town centre to where free parking was available and further commercially damage the viability of the established town centre businesses leading to inevitable closure and increased economic hardship for the business community in an already deepening period of economic recession.

The proposal is likely to result in a back-up of traffic onto the access road in and out of the retail development as well as onto the link road and roundabout thereby obstructing the free flow of traffic at this location and endangering public safety by reason of traffic hazard.

We request the Planning Authority to conclude therefore that the proposal is contrary to the provisions of sections 90-95 of the Retail Planning Guidelines and therefore not in the interest of the proper planning and sustainable development of the area nor in the interest of the common good.

The application has failed to address our clients’ concerns in terms of its material impact on the viability of the existing commercial town centre and their associated stores, as well as its cumulative negative impact, due to its direct association with the Lidl supermarket, located outside the town centre. The proposal will adversely impact on the residential community adjacent to the development creating the potential for ambient light and noise nuisance. Furthermore, factors such as biodiversity, species or flora and fauna on the site have not been examined.

For all of the above reasons, to permit the proposed development would be contrary to the proper planning and sustainable development of the area including the protection of amenities therein.

We therefore respectfully request that Cork County Council refuse this current application on the grounds set out above.

Yours sincerely

Declan Waugh BSc. C.WEM. CEnv. MCIWEM. MIEMA. MCIWM. MIOA. Grad EI. ALI

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