ED25/0063
Ballyboden Tidy Towns clg (BBTT) have submitted under Section 5 of the Planning and Development Act 2000, an application to request a declaration as to whether specific works carried out at the Seán Keating Garden (sometimes referred to as the Seán Keating Park), located within the curtilage of Rathfarnham Castle, constitutes exempted development. The area in question lies adjacent to Rathfarnham Castle, a National Monument in State care, and a Protected Structure; and is also situated adjacent to an Architectural Conservation Area (ACA); and forms part of the landscape character of Rathfarnham Castle. It is our understanding that the following works were carried out without the benefit of planning permission: 1. Formation of a public garden/amenity park, including land grading, introduction of ornamental planting, and structured landscaping. 2. Installation of paved surfaces, hard landscaping, and fixed boundary treatments or kerbing. 3. Construction of an artificial pond and associated infrastructure. 4. Placement of street furniture, signage, and public amenities such as benches and bins. 5. Possible alterations to existing curtilage walls, access routes, or gates.
Core Planning Reasoning
The works (Items 1-4) constitute development but are considered exempted development under Section 4(1)(aa) of the Planning and Development Act 2000 as amended, as they were carried out by a local authority within its functional area and do not exceed statutory cost thresholds or trigger mandatory environmental assessments. Item 5 was dismissed as too vague for determination.
Decision Maker's Conclusion
- The construction of the public garden, including landscaping, paving, the artificial pond, and street furniture, constitutes 'works' and therefore 'development' under Section 3 of the Act.
- The development is classified as 'exempted development' under Section 4(1)(aa) of the Act because it was undertaken by the local authority and did not meet the €126,000 cost threshold or environmental criteria that would mandate a Part 8 process or EIA/AA.
- The question regarding alterations to curtilage walls, access routes, or gates is too vague and ambiguous to be determined due to a lack of specific information on the location and nature of such alterations.