Environmental Impact Assessment Screening Report

College Gate, Castleknock, Dublin 15 Planning Status and Development Potential Report

Declan Brassil & Co. 1

Environmental Impact Assessment

Screening Report

To accompany a Strategic Housing Development Application for

Mixed Use and Build To Rent (BTR)

Residential Development

On Lands at

A Site bound by Newmarket Square,

Ardee Street and Mill Street,

Newmarket, Dublin 8

Submitted on Behalf of

Nrek1 Limited

December 2021

Ardee Street, Newmarket, Dublin 8 Environmental Report


TABLE OF CONTENTS

1. INTRODUCTION ................................................................................................................................................................... 3

1.1 Irish Legislative Context ........................................................................................................ 3

1.2 About the Author and Structure of this Report ...................................................................... 4

3. PROPOSED DEVELOPMENT ............................................................................................................................................. 8

3.1 Physical Characteristics of Development ............................................................... 8

3.2 Services Infrastructure ......................................................................................... 11

3.3 Construction Phase .............................................................................................. 12

4. METHODOLOGY AND RELEVANT LEGISLATIVE CONTEXT .............................................................................. 21

4.1 Planning and Development Act, 2000 (as amended) (PDA) .............................................. 22

4.2 Planning and Development Regulations, 2001 (as amended) (PDR) ................................. 23

4.2.1 Schedule 5, Part 2 ................................................................................................ 23

4.2.2 Schedule 7 ........................................................................................................... 23

5. PROJECT SCREENING FOR EIA ..................................................................................................................................... 24

5.1 Step 1 – Mandatory Screening for EIA by Project Type ...................................................... 25

5.2 Step 2 – Threshold Screening for EIA ................................................................................. 25

5.2.1 Class 10 – Urban Development ........................................................................... 25

5.3 Sub-Threshold Developments ............................................................................................. 25

5.4 Assessment of the Proposed Development for Significant Likely Effects ........................... 26

5.4.1 Assessment under Schedule 7 of the Regulations .............................................. 26

5.4.2 Assessment under Schedule 7A of the Regulations ............................................ 41

6.0 CONCLUSION ..................................................................................................................................................................... 42



1. INTRODUCTION

This Report accompanies a planning application submitted on behalf of Nrek1 Limited for the demolition

of all existing buildings on site and the construction of a 6-9 storey mixed use, primarily residential

development of 134 no. Build to Rent (BTR) apartments with associated ancillary amenity areas, a

commercial/retail unit at ground floor level, and ancillary and associated development and works. The

application site is located in Newmarket, Dublin 8, generally bound by Newmarket Square to the north,

Ardee Street to the west and Mill Street to the south.

The application is made under the Strategic Housing Provisions of the Planning and Development

(Housing) and Residential Tenancies Act, 2016 (the 2016 Act).

The purpose of this Report is to provide sufficient information to the competent authority to determine

whether an Environmental Impact Assessment Report (EIAR) is required. The Report has been prepared

having regard to article 299B(1)(b)(ii)(II)(A) and (B), together with article 299B(1)(c) of the Planning and

Development Regulations 2001, as amended (hereafter referred to as the Planning Regulations).

This should be read in conjunction with the Article 299B Statement submitted with the application. This

provides the information required by sub-paragraph (C) of Article 299B(1)(b)(ii)(II) - namely, a statement

indicating how the available results of other relevant assessments of the effects on the environment

carried out pursuant to European Union legislation other than the Environmental Impact Assessment

Directive have been taken into account.

All of this information is provided by the Applicant to enable the Board to complete an examination for

the purposes of a screening determination in accordance with Articles 299B and 299C of the Planning

Regulations. It is provided so that the Board may have regard to all of the matters prescribed at Article

299C(1)(a) of the Planning Regulations.

1.1 Irish Legislative Context

The proposed SHD is a sub-threshold development, as it comprises 134 no. build-to-rent residential units

on an overall site area of 0.32ha and a net site area of 0.19ha, and this is below the relevant 500 no. unit

and 10 ha thresholds under Class 10(b)(i), Class 10(b)(iv) of Part 2 of Schedule 5 of the Planning

Regulations.

No screening determination was requested or made under Section 7 of the Planning and Development

(Housing) and Residential Tenancies Act 2016 (as amended) (the ‘2016 Act’).

Articles 299B and 299C of the Planning Regulations prescribe the requirements for sub-threshold

development where no screening determination was made under Section 7 of the 2016 Act.

The application is not accompanied by an Environmental Impact Assessment Report (EIAR).

In cases where an application for sub-threshold development is not accompanied by an EIAR, but where

there is “significant and realistic doubt in regard to the likelihood of significant effects on the environment

arising from the proposed development”, Article 299B(1)(b)(ii)(II) of the Planning Regulations places an

obligation on the Board that it must satisfy itself that the Applicant has provided the following:

(A) the information specified in Schedule 7A,



(B) any further relevant information on the characteristics of the proposed development and its

likely significant effects on the environment, and

(C) a statement indicating how the available results of other relevant assessments of the effects on

the environment carried out pursuant to European Union legislation other than the Environmental

Impact Assessment Directive have been taken into account’

Article 299B(1)(c) of the Planning Regulations indicates that:

‘The information referred to in paragraph (b)(ii)(II) may be accompanied by a description of the

features, if any, of the proposed development and the measures, if any, envisaged to avoid or

prevent what might otherwise have been significant adverse effects on the environment of the

development.’

This Report provides the information required by sub-paragraphs (A) and (B) of Article 299B(1)(b)(ii)(II),

namely the information specified in Schedules 7 and 7A of the Planning and Development Regulations

2001 (SI No. 600 of 2001), as amended, including details of the proposed development, the receiving

environment and other factors (including an assessment of the development against relevant criteria to

determine the likelihood of adverse environmental impacts arising), to enable An Bord Pleanála (ABP) to

determine whether or not EIA is necessary or not having regard to the criteria set out in Schedule 7 of the

Planning and Development Regulations, 2001 (as amended).

The preparation of this EIA Screening report has also afforded due regard to:

• Environmental Impact Assessment (EIA) Directive 2011/92/EU, as amended by EIA Directive

(2014/52/EU).

• European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018.

• Schedules 5, 6, 7 and 7A of the Planning and Development Regulations 2001 (SI No. 600 of 2001), as

amended.

• Environmental Protection Agency's Guidelines on The Information To Be Contained In Environmental

Impact Assessment Reports (2002)

• Advice Notes on Current Practice In The Preparation of Environmental Impact Assessment Reports

(2003).

• European Commission Impact Assessment Guidelines (2009),

• European Commission Environmental Impact Assessment of Projects, Guidance on Screening (2017).

• Department of Environment, Community and Local Government (DoECLG) Guidelines for Planning

Authorities & An Bord Pleanála on carrying out Environmental Impact Assessment (2018).

The report has also had regard to the Revised Guidelines on the Information to be Contained in

Environmental Impact Assessment Reports (Draft), August 2017; the Advice Notice for Preparing

Environmental Impact Assessment Reports (Draft), September 2015, and the Consultation Paper on

Transposition of 2014 EIA Directive (2014/52/EU) in the Land Use Planning and EPA Licencing Systems.

These documents are currently Consultation Drafts and it was considered appropriate that regard was had

to them on the basis they take account of the revised EIA Directive (2014/52/EU).

1.2 About the Author and Structure of this Report

Declan Brassil & Co. Ltd. (DBCL) was appointed as Planning Consultants and this Environmental Impact

Assessment (EIA) Screening Report was prepared by Declan Brassil of DBCL who has a Masters Degree in



Urban and Regional Planning from University College Dublin and 25 years professional planning

experience, and Sinead O’Connor who has B.A. Mod. Hons. in Environmental Science from Trinity College

Dublin, a Masters in Regional and Urban Planning from University College Dublin, and has over 10 years

professional planning experience.

The authors have directed the preparation of EIARs for a range of different developments, including

infrastructure provision, residential developments and urban mixed-use projects.

This Report is structured as follows:

• Section 2 provides a description of the location and context of the subject site.

• Section 3 provides a description of the proposed development.

• Section 4 provides an overview of the relevant legislation, guidelines, criteria and methodology of

Screening for Environmental Impact Assessment.

• Section 5 provides a screening assessment of the project for EIA and the likelihood of adverse

environmental effects arising.

1.2 About the Author and Structure of this Report

This EIA Screening Report has been informed by a number of specialist reports and inputs from other

consultants. These reports are submitted as part of the planning application documentation and should

be read in conjunction with this report. These reports and inputs include:

• Natura Impact Statement prepared by Biosphere Environmental Services;

• Archaeological Desktop Report prepared by Archaeological Projects Limited;

• Architectural Conservation Report prepared by Mullarkey Pedersen Architects;

• Bird and Bat Assessment Report prepared by Wildlife Surveys;

• Verified Photomontages Booklet, together with Townscape and Visual Appraisal Report

prepared by Modelworks;

• Infrastructure Report prepared by Barrett Mahony Consulting Engineers;

• Site-Specific Flood Risk Assessment Report prepared by Barrett Mahony Consulting Engineers;

• Outline Construction and Environmental Management Plan prepared by Barrett Mahony

Consulting Engineers;

• Outline Construction and Demolition Waste Management Plan prepared by Barrett Mahony


• Operational Waste Management Plan prepared by AWN Consulting;

• Parking Report and Residential Travel Plan/Mobility Management Plan by Barrett Mahony


• Justification for Build-To-Rent Housing Development Report by CBRE Research;

• Site Lighting Report and Sustainability Report prepared by Homan O’Brien;

• BTR Wind Microclimate Study and Daylight, Sunlight and Overshadowing Study prepared by IES;

2. SITE LOCATION AND CONTEXT

The site is 0.32 ha in extent, located in the Newmarket, Liberties Area of Dublin City, approximately 1.7km

to the south-west of O’Connell Street Bridge. The red line site area consists of a brownfield, infill, re-

development site incorporating several light industrial and warehousing buildings, together with portions

of the immediately adjoining public paths and roadways to the north (Newmarket Square), west (Ardee



Street) and south (Mill Street). The site is bound to the east by a recently completed office development,

known as the ‘Eight Building’. There are no plants or vegetation on the subject site, comprising entirely of

built surfaces.

The site is situated approximately 150m to the south of St Lukes Avenue / Cork Street and c.420m to the

west of New Street South, being two of the main arterial routes into the city centre. In this regard, the site

is proximate to a range of high quality, frequent Dublin Bus routes, and is accessible to both the Luas red

and green lines to the north-west and east respectively. These connections facilitate quick and easy travel

to the rail lines at Connolly Station to the north-east, while Heuston Station is located c.1km to the north-

west. The site is also located proximate to a range of high quality public open spaces/parks, with Weavers

Park c.120m to the west, Oscar Square c.70m to the south-west, the Cabbage Garden c. 480m to the east

and the St Patricks Park located c.450m to the north-east.

The 1-3 storey light industrial and warehousing buildings currently on site appear to have been

constructed during the 1970s or 1980s. Some of these buildings have since been converted for other uses

over the years, including the ‘City House’ office building which fronts onto Newmarket Square, and Unit 3,

Newmarket, which fronts onto Ardee Street/Mill Street, previously accommodating the Liberty Church.

Following sale of its property on Mill Street to the applicant, the Liberty Church relocated to a more

appropriate and modern premises at the Bluebell Community Centre (refer to letter from the Liberty

Church submitted with the application documentation). As noted previously, the proposed development

also includes localised pedestrian path and road upgrades to areas of Newmarket Square, Ardee Street

and Mill Street immediately surrounding the existing buildings on site.

Streets immediately surrounding the subject site are predominantly residential or mixed use in character.

Older two storey semi-detached and terraced dwelling houses generally situated to the west and south-

west of the site at Oscar Square and Chamber Street. Newer multi-storey apartment buildings with mixed

ground floor uses are located to the north and east of the subject site along St Lukes Avenue/Cork Street

and the eastern end of Newmarket Square.

Newmarket Square, located immediately to the north/north-west of the proposed development was the

site of a marketplace from at least the mid-18th Century. This position eroded in line with general Post-

War economic decline in the Liberties. The Newmarket and Mill Street area of the Liberties differs greatly

from its historical appearance as the great number of small plots in multiple ownership or leases were

replaced by a small number of large, impenetrable, single-use sites. Newmarket Square and Mill Street to

the south thereof has, until recently, been generally characterised by vacant/dilapidated plots or low-rise

industrial/commercial/office buildings that offer little or no activity onto adjoining public spaces. Since

2015/2016, Newmarket Square and its immediate surroundings have been undergoing significant

changes through the provision of large-scale redevelopment and regeneration projects, many of which

are currently under construction. A comprehensive overview of the planning history for the area is

provided in Section 3.4 of the submitted Planning Report and Statement of Consistency, as supplemented

with summary table and corresponding map at Appendix A of that report, which illustrates the evolving

character of the immediate area.

Figure 2.1 below is an extract from Google Maps illustrating the indicative site boundary in red and the

immediate site context, while Figure 2.2 illustrates the light industrial/warehousing/office buildings

proposed to be demolished in blue and the area of proposed public realm upgrade works in red.



Figure 2.1 Immediate Application Site Context

Figure 2.2 Aerial View of Site and Buildings to be Demolished

The subject site is on lands zoned Objective Z10 in the Dublin City Development Plan 2017-2022 (DCDP)

‘To consolidate and facilitate the development of inner city and inner suburban sites for mixed uses, with

residential the predominant use in suburban locations, and office/retail/residential the predominant uses in

inner city areas’. The proposed residential BTR development, incorporating a large ground floor

commercial/retail use, accords with the zoning objective of the subject site.



The subject site is within a designated Strategic Development and Regeneration Area (SDRA16) within the

DCDP. In addition, the subject site is within the Dublin City Zone of Archaeological Potential, while the

northern portion of the site with frontage onto Newmarket Square is also within a conservation area.

There are no protected structures or monuments on the subject site and none of the existing have any

archaeological or architectural significance or value.

3. PROPOSED DEVELOPMENT

This section provides information on the physical characteristics of the proposed development, and a

description of the location of the project, with regard to the environmental sensitivity of geographical

areas likely to be affected, as required under Para. 1 of Schedule 7A of the 2001 Regulations.

3.1 Demolition and Site Preparation Works

All existing buildings on the subject site will be demolished as part of the proposed development (as

illustrated in Drg. No. P19-149D-3.1_002 prepared by Reddy Architecture + Urbanism). The demolition of

the buildings and site clearance, together with the erection of site hoarding comprises the first phase of

development on the subject site.

The application is accompanied by an Outline Construction and Demolition Waste Management Plan

prepared by Barrett Mahony Consulting Engineers that should be read in conjunction with this Report.

3.2 Physical Characteristics of Development

The proposed development provides the construction of a 6-9 storey mixed use building with frontage

onto Newmarket Square to the north, Ardee Street to the west and Mill Street to the south. The proposed

building has a maximum height of 31.3 m and contains the following:

• 134 no. Build-To-Rent (BTR) apartment dwellings, comprising 1 no. studio unit, 96 no. 1 bed units,

7 no. 2 bed (3 person) units and 30 no. 2 bed (4 person) units. The proposed apartments are

primarily provided from first to eight floor level (132 no. units) with 2 no. units provided at

ground floor level with frontage onto Ardee Street.

• Private amenity space is provided in the form of balconies on all elevations (53 no. balconies),

together with terraces to 2 no. ground floor units and 2 no. units at the 7th floor;

• 1,131 sqm of external communal amenity space for future residents is provided in the form of a

podium level communal courtyard (330 sqm) and 5 no. communal garden terraces at roof level

(total of 801 sqm), incorporating associated landscaping, external lighting and seating areas.

• 115.7 sqm of internal communal amenity space for future residents is provided at ground floor

level, including a co-working area (60.6 sqm) and a games room (55.1 sqm).

• The main resident access to the BTR units is provided via a foyer (50 sqm) at ground floor level,

incorporating a reception desk and management/maintenance office area. Ancillary services for

BTR residents at ground floor level include a refuse storage area (58.3 sqm) and a bicycle storage



area (184.4 sqm) accommodating 238 no. resident/visitor bicycle spaces and 2 no. spaces for

cargo bikes. Additional external access to the bike and bin storage areas is provided via doors

onto Mill Street.

• 606.1 sqm of ground floor level commercial/retail space is proposed, with direct frontage onto

Newmarket Square and at the corner of Newmarket Square and Ardee Street. The

commercial/retail unit includes a dedicated refuse storage area (27.9 sqm) and a bike storage area

(7.7 sqm) accommodating 8 no. spaces. Additional external access to the bike and bin storage

areas is provided via doors onto Newmarket Square.

• The ground floor level also incorporates ancillary infrastructure/services for the building including

an Energy Centre (80 sqm), Water Storage Plant (58 sqm) and 2 no. ESB substation/switch rooms.

The ESB substation/switch rooms are accessed directly from Newmarket Square.

Road, footpath, vehicular parking and public realm upgrade works are also proposed in the immediate

vicinity of the proposed building. These proposals include the provision of enhanced pedestrian facilities

along Newmarket Square, Ardee Street and Mill Street, and at the 2 no. road junctions immediately to the

north-west (Newmarket Square/Ardee Street/Chamber Street junction) and south-west (Mill Street/Ardee

Street/Oscar Square/Clarence Mangan Road junction) of the site, respectively. 5 no. additional car parking

spaces (including 1 no. dedicated car share space) and 1 no. loading bay, together with the relocation of

an existing bus stop are also provided along Ardee Street.

The proposed development also includes all associated site and development works and ancillary

infrastructure including water services, foul and surface drainage and connections, attenuation proposals,

lighting, landscaping and boundary treatments on a site area of 0.32 ha.

3.3 Access, Parking, Servicing Arrangements and Public Realm/Roadworks

Access to the ground floor and upper floor level BTR units is facilitated primarily via a dedicated entrance

foyer directly onto Ardee Street along the western elevation, incorporating a reception desk and

maintenance office. Secondary/emergency access points for the BTR units are provided in the north-

eastern corner of the development onto Newmarket Square and on the southern elevation onto Mill

Street. It is noted that the proposed co-working space, together with the BTR bin storage and bike

storage areas also benefit from direct access onto Mill Street.

Primary entrance doors for the proposed ground floor commercial/retail unit are provided at the corner

of Newmarket Square/Ardee Street, with secondary access doors provided at 2 no. locations along the

Newmarket Square elevation. A separate access point is provided along the Newmarket Square elevation

to the refuse and bike storage area serving the commercial/retail unit.

2 no. ESB substation/switch rooms are proposed in the north-eastern corner of the building, fronting onto

Newmarket Square. Both substation/switch rooms have direct access onto Newmarket Square for ease of

maintenance.

The proposed development has been designed as a zero-parking scheme due to its inner-city location

and in the interests of sustainable development. The BTR internal bike store has been sized to

accommodate 238 no. bicycle spaces, ensuring the provision of 1 no. space per BTR bedroom (171 no.



spaces) and 1 no. visitor space per 2 no. units (67 no. spaces) in accordance with the Apartment

Guidelines. This bike store also provides space for the storage of 2 no. cargo bikes for use by BTR

residents for local shopping and trips requiring the carrying of packages or larger goods. The internal bike

store serving the commercial/retail unit has been sized to accommodate 8 no. bicycle spaces in

accordance with the requirements of the Dublin City Development Plan.

Please refer to the Parking Report and the Residential Travel Plan/Mobility Management Plan prepared by

Barrett Mahony Consulting Engineers (BMCE), which provide justifications for the zero parking scheme

and detail the package of measures designed to support more sustainable forms of travel within the

proposed development, respectively.

There is currently no on-site car parking for existing buildings. Public parking is provided to the north of

the site along Newmarket Square while informal, unregulated parking occurs to the west of the site along

Ardee Street. Loading doors on the existing buildings also correspond to designated loading/clearance

areas onto Newmarket Square and Ardee Street.

The redevelopment of the subject site will negate the requirement for the existing loading bay/clearance

areas onto Newmarket Square and Ardee Street. Therefore, there is an opportunity to facilitate the

reconfiguration of the parking area onto Newmarket Square, formalise the existing on-street parking

arrangement on Ardee Street, address the sub-standard footpath widths and improve pedestrian crossing

points immediately surrounding the proposed building.

In this regard, the proposed development includes the following public realm improvement works in the

vicinity of the proposed building:

• Provision of improved footpaths with a minimum width of 1.8m along Newmarket Square, Ardee

Street and Mill Street around the frontage of the proposed building;

• Provision of 5 no. car parking bays (including 1 no. car share space) and a loading bay along the

eastern side of Ardee Street;

• Relocation of an existing bus stop on the western side of Ardee Street. The exact final positioning

of the bus stop is to be agreed with the Dublin City Council Roads, Maintenance and Traffic

Division prior to the commencement of development, in liaison with the applicant/consulting

engineer for the adjoining mixed use/residential development on the western side of Ardee

Street, permitted under DCC Ref. 3266/20;

• Provision of improved uncontrolled pedestrian crossings incorporating dropped kerbs and tactile

paving at junctions to the north-west (Newmarket Square/Ardee Street/Chamber Street junction)

and south-west (Mill Street/Ardee Street/Oscar Square/Clarance Mangan Road junction) of the

proposed building.

• All associated ancillary road marking and signage improvement works.

The proposed public realm upgrade works are illustrated in Drg. No. LCS-BMD-ZZ-ZZ-DR-C-1050

prepared by Barrett Mahony Consulting Engineers, incorporating permitted public realm/roadway

upgrade works provided as part of adjoining redevelopment proposals. Extensive vehicle auto-tracking

has been carried out for fire tender, refuse vehicle, Dublin Bus vehicle and HGV construction vehicle



access. These drawings, prepared by Barrett Mahony Consulting Engineers are included with the

application documentation and demonstrate that refuse trucks can safely access the internal Waste

Storage Areas and refuse collection points, with ease and without reversing.

3.4 Services Infrastructure

An Infrastructure Report has been prepared by Barrett Mahony Consulting Engineers and is submitted

with this application.

Water Supply: It is proposed that the existing 6” cast iron watermain to the north of the site is replaced

with a 100mm connection and water meter to Irish Water details. It is anticipated that the daily water

demand for the overall development would be 58,883 litres per day based on Irish Water. In addition,

water storage with the capacity of 24-hour water demand will be provided within the proposed

development.

Following the submission of a Pre-Connection Enquiry for 153 no. residential units on the subject site,

Irish Water (IW) issued a Confirmation of Feasibility Letter on the 10 May 2021 (contained in Appendix 5

of the Infrastructure Report). The letter confirms that connection to water services is feasible and could be

accommodated, subject to certain local upgrade works to the watermain infrastructure in the public

domain by Irish Water.

In addition, Irish Water also issued a Statement of Design Acceptance on the 15 November 2021 in

relation to the proposed water supply and foul drainage arrangements (contained in Appendix 6 of the

Infrastructure Report).

Foul Water Drainage: A proposed wastewater connection of 150mm diameter will connect to the

existing network along Mill Street. All internal foul drainage stacks will drop to ground floor slab level and

will be picked up by a network of underfloor slab internal foul drainage, which will drain southwards

towards Mill Street.

The Irish Water Confirmation of Feasibility Letter dated the 10 May 2021 and contained in Appendix 5 of

the Infrastructure Report confirms that the foul water connection can be facilitated without any upgrades

to the network. As noted above, Irish Water also issued a Statement of Design Acceptance in relation to

the proposed water supply and foul drainage arrangements (contained in Appendix 6 of the Infrastructure

Report).

Surface Water Drainage: Section 2.2 of the submitted Infrastructure Report states that the site of the

proposed new building currently comprises buildings which utilise a combined foul and rainwater

drainage pipework, which ultimately discharged into the combined sewer system on Mill Street. In this

regard, prior to the construction of the proposed development, a detailed underground utilities mapping

exercise shall be undertaken to establish the underground services around the perimeter of the site.

Furthermore, slit trenches shall be undertaken (with DCC consent and road opening licences) at the

proposed foul and surface water drainage outfall locations.

Section 2.3.3 of the Infrastructure Report states that the surface water drainage system of the proposed

development has been designed in accordance with the principles of Sustainable Drainage Systems

(SuDS) as embodied in the recommendations of the Greater Dublin Strategic Drainage Study (GDSDS) and



will significantly reduce run-off rates and improve storm water quality discharging to the public storm

water system.

The outfall surface water manhole for the development shall be located inside the site boundary along

Mill Street, via a 225mm surface water connection. This manhole shall be constructed in accordance with

Greater Dublin Regional Code of Practice for Drainage Works and will be fitted with a double sealed

manhole cover.

The proposed development will comprise a new building with roof and podium drainage which will be

treated as a single catchment. Surface water from the building will be directed into a proposed 60 sqm

attenuation tank below the ground floor level slab, via silt trap manholes. Peak discharge to the outfall

manhole is to be restricted to 2l/s by a hydrobrake manhole, which will be fitted with a double sealed

manhole cover. Additional SuDS measures provided in the proposed development include proposed

‘intensive’ green roof area and an ‘extensive’ green roof area.

3.5 Demolition/Construction Works and Timeframe

As previously noted, an Outline Construction and Environmental Management Plan (OCEMP) has been

prepared by Barrett Mahony Consulting Engineers and is submitted with this application. The OCEMP

estimates that the proposed development will be constructed over a period of 18-24 months in a single

Phase, of which there will be various sub phases, as follows:

• Sub-Phase 1 involves the demolition of the existing buildings and site clearance works;

• Sub-Phase 2 will include the construction of the piled foundations, drainage and services trenches

and pits etc, superstructure frame up to roof level (columns, slabs, walls, stair-cores and lift-cores).

The structure of the building will comprise reinforced concrete.

• Sub-Phase 3 overlaps with sub-phase 2 and involves the construction of the building façade, roof

coverings and envelope, internal fit out, services and finishes, along with the completion of the

external roads, services, utilities and landscaping.

The main characteristics of the construction process and the nature of materials to be used is summarised

below. The main characteristics of the construction process and the nature of materials to be used is

summarised below.

• The construction process includes the following activities:

o Demolition of existing buildings and associated clearance works

o Pre-construction earth ground works and excavation works;

o Erection of structures and buildings;

o Construction of site infrastructure and site works,

o Fit out of buildings; and

o Landscaping of communal amenity areas.

• Materials required include:

o Construction materials;

o Elevational finishes and materials;

o Internal fit outs and finishes;

o Paving /surfacing;



o Piped Infrastructure;

o Telecommunications connections;

o Landscaping.

A bill of quantities for the proposed development has not been prepared to date and as such it is not

possible at this time to estimate the quantity of material required for the construction stage. Where

feasible, material will be reused as part of the site development works in order to minimise truck

movements to and from the site, however, unsuitable excavated soil/demolition material is expected and

will have to be removed to an approved and licenced disposal site/landfill, by an appropriately approved

and licenced haulier. An asbestos survey of the building and environmental testing of the sub-slab ground

material have been carried out. These surveys have been used to inform the Outline Construction and

Demolition Waste Management Plan prepared by Barrett Mahony Consulting Engineers and submitted

with the application documentation. These will inform the Construction and Demolition Waste

Management Plan to be prepared by the Main Contractor when appointed, prior to commencement on

site.

The exact sequence and method of demolition and construction of the development will be confirmed

with the appointed Contractor prior to commencement on site. The Contractor will be required to prepare

a detailed Environmental & Construction Management Plan on foot of these proposals. The Outline

Construction & Environmental Management Plan submitted with the application documentation will

inform the eventual Contractor.

3.6 Likely Environmental Impacts and Effects - Construction Stage

The OCEMP incorporates appropriate mitigation measures to address a range of potential environmental

effects during the envisaged 18-month construction stage, including the following:

• Noise/Vibration;

• Dust;

• Construction Access and Traffic Management;

• Waste Management;

• Storage of Harmful Substances; and,

• Discharge and Site Drainage.

The OCEMP concludes that this plan details the ’construction management and environmental principles

that will be adopted to ensure that potential environmental impacts and health and safety issues associated

with the construction processes are effectively managed, minimized and / or eliminated. The plan details the

roles and responsibilities of the applicant, the site manager, project manager and site workers and how these

controls are to be implemented. This outline CEMP will require regular monitoring (and if necessary will be

updated), throughout the construction period to ensure potential risks are adequately managed throughout

the construction works.’ Given the temporary nature of construction works on a limited site area and the

implementation of a Construction and Environmental Management Plan, no significant effects are likely to

arise.

3.7 Likely Environmental Impacts and Effects – Operational Stage

The potential operational effects associated with the proposed development relate primarily to

biodiversity/ecology, townscape and visual impacts and architectural / archaeological heritage, as set out

below.



Biodiversity/Ecology:

Section 3.3 of the submitted OCEMP identifies that there are no significant habitats or species present on

the subject site, consisting entirely of buildings and artificial surfaces. In this regard, the development of

the site is likely to have negligible direct impacts upon the existing habitats, fauna and flora.

In terms of indirect impacts, all soil, stone and overburden clay removed from the site during ground

works will be disposed of in an appropriate manner in accordance with waste management legislation. No

invasive species were observed on site that could impact on soil removal from the site. These surveys have

been used to inform the OCEMP. The construction of new drainage networks will comply with the specific

requirements of Irish Water, DCC Drainage Division and in accordance with the GDSDS and as a result will

have negligible impact on habitats and species surrounding proposed development site. Similarly,

upgrading existing pedestrian and road infrastructure immediately surrounding the site will be

undertaken in accordance with all the requirements of the DCC Transportation Planning Division.

A Bat and Bird Assessment was carried out by Wildlife Surveys and the report containing details of same is

submitted with the application. Two surveys of the subject site and immediately surrounding area were

carried out in April and May 2021. The results of the bird and bat surveys is summarised in the report as

follows:

‘No bats or birds were seen entering or leaving the buildings. There is no vegetation on the site.

There are low levels of bat activity around the site. One common pipistrelle flew over the site in

April. In May, the only bat activity recorded was in the two parks near the site. In both these areas, a

common pipistrelle was recorded. Herring gulls are availing of surrounding buildings but are not

using this site. There were no swifts or swallows on or in the buildings and no birds nesting on any

part of the site. Measures for ecological enhancement have been proposed for the development.’

In terms of potential impacts, the report states that no bat roosts were found on the subject site, that

there is low potential for roosts among the existing buildings and that there would be no loss of feeding

habitats for bats as a result of the proposed development. It was noted that there was no light coming

from the existing buildings during the survey and that even with mitigation, there is likely to be some light

spillage from the redevelopment of the site.

The Report includes the following recommendations:

• The provision of swift and bat boxes on the proposed building as a habitat enhancement

measure. Dual purpose 1MF boxes can be used in 3 locations or alternatively, 3 separate swift

boxes and 3 woodcrete bat boxes can be used.

• If bats are discovered at any stage of the building work, building work must cease and the bat

specialist and the Conservation Ranger of NPWS must be contacted.

• Addition of plants or trees on balconies or roof gardens and/or green walls would greatly

enhance the area for biodiversity as the subject site currently has no green space. It is noted that

rooftop gardens are a feature of this proposal, which will provide food for insects, bats and birds.

• Bats are sensitive to lighting and if additional lighting is required, it should be in accordance with

the following:



o Bats and Lighting – Guidance Notes for Planners, Engineers, Architects, and Developers

(Bat Conservation Ireland, 2010).

o Bats and Lighting in the UK – Bats and the Built Environment Series (Institute of Lighting

Professionals, September 2018).

o Guidance Notes for the Reduction of Obtrusive Light GN01 (Institute of Lighting

Professionals, 2011).

It is further stated that the proposed development offers the potential to enhance the biodiversity of the

site by providing plants, roosting and nesting opportunities, resulting in a moderate long term positive

impact. In this regard, the landscaping proposals for the building, prepared by Doyle + O’Troithigh

Landscape Architecture include the provision of extensive planting proposals and several swift/bat boxes

in the communal open space areas of the development.

Notwithstanding the low level of bat activity around the site, the submitted Site Lighting Report prepared

by Homan O’Brien confirms that the lighting proposals for the proposed development will be designed in

accordance with the guidelines stated in the Bat and Bird Assessment Report, noting that the following

lighting design measures for bat protection have been imposed:

• Lighting has only been installed where necessary for public safety, cognisant of nearby bat

overflight/foraging paths. These lights have been designed and selected with specific shutters

and filters to minimise any potential for back spills into the sensitive locations while still providing

the primary function of safely lighting the pedestrian routes.

• Reflectance’s – Downward lighting can be reflected from bright surfaces. To minimize bat

disturbance, the design avoids the use of bright surfaces and incorporates darker colour lamp

heads and poles to reduce reflectance.

• Reflectance’s – Downward lighting can be reflected from bright surfaces. To minimize bat

disturbance, the design avoids the use of bright surfaces and incorporates darker colour lamp

heads and poles to reduce reflectance.

• Shielding of Luminaires & Light - To minimize bat disturbance, the design avoids the use of

upward lighting by shielding or by downward directional focus.

• Type of Light – To minimise bat disturbance, the design avoids the use of strong UV lighting. The

lighting design is based on the use of LED lighting which has minimal or no UV output of

significance. Warmer 2700°k to 3000°k LED lighting will be utilised for amenity areas, as the

warmer colour temperatures with peak wavelengths greater than 550nm (~3000°K) cause less

impacts on bats.

Architectural and Archaeological Heritage:

An Architectural Conservation Report, prepared by Mullarkey Pedersen Architects accompanies this

application.

The report states that the site lies within the wider Newmarket/Blackpitts/Tenters area, significant for its



rich industrial heritage dating back to the Augustinian Abbey of St. Thomas. However, the report confirms

that there are no historical buildings or features remaining on the application site, consisting of existing

light industrial/warehousing units that have no architectural or historic significance. There are no

protected structures on the site, nor are any of the existing buildings on the National Inventory of

Archaeological Heritage.

The report notes that the site is not within an Architectural Conservation Area. The northern portion of

the site fronting onto Newmarket Square is within a ‘conservation area’ as detailed in the zoning map of

the Dublin City Development Plan 2016-2022.

In terms of the location of the site and surviving historic fabric, the report states that ‘very little historic

built fabric is retained at the western end of Newmarket. The primary surviving significance is the retention

of the spatial urban form of the 17th century market itself.’

Section 7 of the report provides the architectural impact assessment of the proposed development on the

historic urban character and context of the area, stating that:

‘The urban context is defined by the residual historical character of the area and the recent

development, generally of a significantly greater height and urban density, typically expressed in

multi-storey contemporary design. Elsewhere the vestiges of industrial heritage remain in street

pattern, street names and the significant historic space at Newmarket.’

The report notes that the proposed development represents a continuation of the significant change in

the recent physical and social character of this area, with the scale and massing reflecting that of recent

multi-storey developments to the east, generating a more urban character. In this regard, the report

concludes that:

‘The development will continue the regenerative impact achieved by recent development and further

assist in achieving Dublin City Council’s objectives for the Newmarket area. The proposal serves to

strengthen the existing urban grain and character through the introduction of a new building

aligned to, and re-emphasising, the historic urban space.’

An Archaeological Desktop Report has been prepared by Archaeological Projects Ltd and is submitted

with the application. This report notes that while the subject site is located outside and well beyond the

walled medieval town of Dublin, Newmarket is located within the zone of archaeological potential for

Dublin (DU018-020), closely associated with the Poddle river and its tributaries and diversions, and the

lands of St Thomas’s Abbey. In addition, several sites in the vicinity listed on the Record of Protected

Monuments and Places, however, none of the associated constraint zones extend to the subject site.

In terms of the existing structures/buildings on site, the report summarises that nothing of any

archaeological/ industrial heritage remains within the standing buildings, being unlikely that that any

structural remnants earlier than the mid-Victorian period are present in the current site fabric. The report

notes that while no archaeological test excavation has taken place on site, the immediately adjoining land

to the east (site of the recently constructed ‘Eight Building’) was excavated (Licence Ref. 18E0757) by the

author of the subject report. It is stated that many of the findings of that excavation can be transposed

into the subject site. The earliest level excavated at the site of the Eight Building was a roadway with a

stone and metalled surface, including deep ruts from carts. This is interpreted as a military road dating to



the period after the 1640s and probably in use into the Cromwellian period and survived intact beneath

later tanneries, pits and other occupation levels of the site. It is expected that this road will continue into

the subject site at its lowest level. Examination of cartographic sources indicate that the site and

immediately adjoining lands had been used for industrial processes such as a lime kiln, tanning/currying

and as fertiliser/manure works in later periods.

In considering the potential impact of the proposed development, the report acknowledges that no

basement is proposed for the new development. All plant and other building essentials are located at

ground floor level. Previous geo-technical investigation in 2019 determines that concrete was present to

1200mm BPGL, and ‘Made Ground’ to a depth of 3000BPGL.

The report notes that ‘the proposed development shows two lift shafts, and two stairwells, one at the Mill

Street/ Ardee Street corner, and the other in the foyer off the northern end of Ardee Street. In this regard, it

is further stated that ‘ground preparation for the piles will entail the removal of concrete, and the

excavation/ grubbing up of localized areas of ground for the piles. This will impact on the subsurface

archaeological deposits, if such remain on the site. The average depth of concrete removal is estimated at

1500mm, and the trench for the connecting ground beams and the pile caps may be as much as 1000mm

below this level. Therefore while no basement is proposed for this development, quite a significant amount of

ground disturbance will take place. It is noted that the historic lime kiln complex, and the mid- 17th century

roadway, and overlying waterlogged deposits, are of archaeological importance, and quite vulnerable in the

context of this construction.’

On this basis, Archaeological test excavation is recommended in advance of development, focusing on the

location of the 18th century limekiln, the extent of the waterlogged deposits overlying the mid-17th

century roadway, and the road itself. A detailed impact assessment can be prepared when the piling

layout is prepared, with options for mitigation being either to preserve in situ, or by record, depending on

the potential for the former. All options will be subject to the approval of National Monuments and the

Planning Authority.

Townscape and Visual Impact:

The proposed development of a 6-9 storey building with ground floor active uses and BTR

accommodation above will replace several 1970/1980s industrial/warehousing/office buildings that front

onto Newmarket Square, Ardee Street and Mill Street, in the inner city of Dublin. As noted above, none of

the existing structures on site has architectural or historic significance.

This application is accompanied by a Verified Photomontage Booklet and a Townscape and Visual

Appraisal Report (TVA Report) prepared by Modelworks.

The Verified Photomontage Booklet contains the baseline views towards the site from 7 no. locations in

the surrounding area, views of the proposed development in the existing context and views of the

proposed development seen cumulatively with other permitted re-development schemes in the

surrounding area. The verified viewpoints are taken from publicly accessible areas surrounding the site:

• To the north along Ardee Street;

• To the east from Newmarket Square;



• To the west from Chamber Street and Weaver Park;

• To the south-west from Oscar Square; and,

• To the south from Sweeneys Terrace.

The TVA Report is structured to provide a detailed overview of the receiving environment, relevant

national and city level planning policies, and the proposed development, followed by an assessment of

the townscape and visual effects. The townscape and visual appraisal has been carried out with reference

to the Landscape Institute Guidelines for Landscape and Visual Impact Assessment 2013 (GLVIA), the

Institute’s Information Note Townscape Character Assessment 2017, and the EPA draft Guidelines on the

Information to be Contained in Environmental Impact Assessment Reports 2017. The appraisal

methodology including explanation of the criteria and terms used is provided in Appendix 1 of the

Report.

The report identifies 7 no. local receiving character areas (LRCAs) within the immediate surrounding area

of the site and defines the sensitivity classification of each area. Overall, it is considered that the area is of

a medium sensitivity, with the identification and classification of these areas taking into consideration the

urban grain, historic evolution, existing land uses, conservation status, recent redevelopment proposals,

the Dublin City Council planning policy context, and the character areas (LCA 7 and LCA 8) of the recently

lapsed Liberties Local Area Plan (LAP). Section 5.2 and 5.3 of the report assesses the magnitude of the

townscape change on the relevant character areas of the lapsed Liberties LAP (LCA 7 & 8), together with

the previously identified 7 no. local receiving character areas (LRCAs). The magnitude of change to the

character areas is summarised as follows:

• LAP Character Area 7, Newmarket / Chamber-Weavers (LCA 7): The character of the proposed

development conforms with the LAP Objectives for the urban regeneration in LCA 7, and the

building mass, relative to the adjacent extant permitted development would result in a low

magnitude of change.

• LAP Character Area 8, Cork Street / The Coombe Corridor (LCA8): While the site is visible to

parts of Cork Street/St. Luke’s Avenue via Ardee Street, the change in character is primarily a

result of replacement of a deteriorating urban fabric with a high-quality active frontage and

mixed-use building as a cumulative element of a cluster of similar contemporary buildings.

Together, they reinforce the traditional urban form of the location and site. Considering the urban

grain and the enclosure of the land between Cork Street/ and Newmarket by the existing and new

buildings remaining similar to the existing, baseline magnitude of change relative to this part of

the townscape would be Low.

• LRCA 1 - Cork Street/St Luke’s Avenue Frontage: The change to the baseline character of LRCA

1 includes the frontages of extant permitted and under-construction developments in the

immediate vicinity of the site. These developments are of a similar quality to the proposed. The

mass/screening and character of the new developments results in a low magnitude of change

from the proposed development on LRCA 1.

• LRCA 2 - Chamber Street: The change to the baseline character Chamber Street, which includes

new development adjacent to the subject site would create capacity to accommodate the height



and mass of the proposed development, resulting in a medium magnitude of change or increase

in built enclosure.

• LRCA 3 - Weavers Square and Park: The magnitude of change caused by the proposed

development perceptible from Weavers Square and Park is negligible.

• LRCA 4 - Ardee Street: Due to the scale of existing buildings on the subject site and the

presence of extensive new development adjacent to the proposed, there would be a cumulative

increase of the degree of built enclosure. Therefore, the magnitude of change to LRCA 4 caused

by the proposed development is medium, but the quality of the character would be improved.

• LRCA 5 - Newmarket Public Realm: The permitted changes to Newmarket Square by the Part 8

redevelopment will have the effect of improving the functionality and aesthetic ambience of the

space, enhancing Newmarket Square as a shared surface / public open space, and simplifying the

interface between the buildings and the space. The proposed development would result in a

slight cumulative increase of the degree of built enclosure to the baseline of Newmarket but

would be a limited element of the overall change taking into account the surrounding permitted

developments. The width of Newmarket as an open space allows it the capacity to accommodate

the increase in enclosure. The magnitude of change would be medium, but the quality of the

space would be improved.

• LRCA 6 - Oscar Square: The Proposed Development will not directly alter existing urban grain

and level of enclosure (resulting from terraced housing and trees) of residential areas to the south

and west of the site (including the vicinity of Oscar Square and Clarence Mangan Road). While the

site visible to parts of Oscar Square residential properties and public realm, the change in

character is primarily a result of replacement of a deteriorating urban fabric with a high-quality

frontage and cumulatively, a cluster of buildings that reinforce the traditional urban form of the

location and site, and therefore the area has a low sensitivity to change of the type proposed. The

impact of the proposed development on character will result in a low magnitude of change

cumulative to the baseline and would be positive to this part of the townscape.

• LCRA 7 - Mill Street and Warrenmount: Due to the extensive change that has taken place

within the LRCA, including the Warrenmount student accommodation and hotel complex and the

Eight Building adjacent to the proposed development, the impact of the proposed development

on character will result in a low magnitude of change cumulative to the baseline and would be

positive to this part of the townscape.

The report notes that the subject site is strategically located at the western end of Newmarket Square to

the south of one of the main entrances to the Square. The principle for high density residential

use/redevelopment of the site is established by the policies and guidance of the now lapsed 2009-2020

Liberties LAP and the 2016-2022 Dublin City Development Plan, particularly considering the location of

the site within the Strategic Development and Regeneration Area 16 (SDRA 16). It is stated that these

policies have been put in practice within the site’s context considering adjacent and local extant

permissions for similar development. Whilst the majority of permitted developments are 8 stories or less

in height, the 9-storey corner element is considered appropriate, playing an important role in ‘articulation

of the embedded urban form of Newmarket Square, improving the intuitive legibility of the streetscape both

on approach to and leading from Newmarket Square, and creating a focal point and demarcation’. The



report further states that the general effect of the proposed development would, particularly the corner

element be to increase the built enclosure of Ardee Street and strengthening the urban character of

entrance to Newmarket Square, which such a change being classified as low magnitude.

Section 5.2.3 further summarises the magnitude of change to these key townscape character

areas/receptors as low, defined as ‘change that is moderate or limited in scale, resulting in minor alteration

to key elements, features or characteristics of the landscape, and/or introduction of elements that are not

uncharacteristic in the context. Such development results in minor change to the character of the landscape’.

Given that the character of the proposed development conforms with the LAP and City Development Plan

objectives for the regeneration of the area, reflects the material, texture and proportions of the adjacent

new structures and enhances the quality of the built environment (contemporary high-quality design

replacing low quality industrial/warehousing premises), the effect of the proposed development is

considered to be moderate and positive. Measuring the low magnitude of change against the overall

sensitivity of the receiving environment (Medium), the significance of the townscape effects is predicted

to be slight, defined as an ‘effect which causes noticeable changes in the character of the receiving

environment without affecting its sensitivities’. The effects on the townscape would generally be neutral.

However, the local effect on Newmarket Square and Ardee Street would be positive.

Regarding the visual effects assessment, the TVA report notes that the 7 no. verified viewpoints were

selected to represent the main elements, character areas and groups of visual receptors in the receiving

environment. The predicted visual effects are summarised in table 2 of the TVA report, extract provided in

Figure 3.1 below.

Figure 1.1 TVA Report – Extract of Table 2 – Summary of Visual Assessment

Section 7.1.2 of the TVA Report notes the following in relation to the above:

• Oscar Square/Ardee Street: Whilst the proposed development is 9 storeys in height, the

orientation of the principal façade to the street corner, the landmark location, the distinctly urban

architecture and the active frontage would give the building an appropriately substantial

presence in the streetscape, whilst being completely in keeping with the overall grain and



massing of the adjacent buildings. On approach from Cork Street, Chamber Street or Oscar

Square, the height provides emphasis and demarcation of a principal access to Newmarket that is

not otherwise obvious from any distance. It introduces intuitive streetscape legibility where

needed and is therefore appropriate.

• Brabazon Street/Newmarket Corner: The photomontages illustrate that the width of

Newmarket Square can comfortably accommodate the frontage of the proposed development,

rising in steps from 6 storeys at the adjoining Eight Building to 9 storeys at the corner with Ardee

Street without dominating the permitted or existing structures or appearing to out of proportion.

It creates an appropriate sense of enclosure and frames the narrow vista of Chambers Street,

creating an enticement to explore beyond the boundaries of Newmarket and linking the wider

streetscape into the identifiable sequences of physical and visual form found within the

Newmarket and Weaver Square neighbourhood.

The effects on all other viewpoints were found to be of moderate/slight significance at most, and positive

or neutral. Overall, the magnitude of visual change (relative to the existing structure and to the permitted

adjacent development) would be medium, with the change resulting from the arrangement of built form

and the architecture more so than its height. The existing and permitted development, illustrated in the

‘cumulative’ photomontages, appears urban in character and integrated with the streetscape, but

potentially unbroken and repetitive. The proposed development provides an accent to the frontage that

complies design objectives of the LAP and DCDP and the heritage of the location through its use,

materials, massing, proportions and active frontage. This accent, through the height of corner at

Newmarket Square/Ardee Street, is appropriate given the site’s position on a key entrance to Newmarket.

The TVA report concludes that the ‘appraisal has found that the Proposed Development would protect and

capitalise on the unique character of the site and receiving environment while introducing a dense

residential neighbourhood of high architectural and urban design quality, delivering compact growth and

enhancement of the townscape and visual environment. In terms of the townscape and views, the Proposed

Development is appropriate to this location.’

4. METHODOLOGY AND RELEVANT LEGISLATIVE CONTEXT

Environmental Impact Assessment (EIA) requirements derive from EU Directive 2011/92/EU, as amended by

Directive 2014/52/EU which details the requirements for the screening of projects for Environmental Impact

Assessment. In this regard, recital (27) of Directive 2014/52/EU states that:

‘The screening procedure should ensure that an environmental impact assessment is only required for

projects likely to have significant effects on the environment’.

This EIA Screening Report provides the information specified in Schedule 7 and 7A of the Planning and

Development Regulations 2001 (SI No. 600 of 2001), as amended, including detail of the proposed

development, the receiving environment and other factors (including an assessment of the development

against relevant criteria to determine the likelihood of adverse environmental impacts arising), to enable

ABP to determine whether or not EIA is necessary or not having regard to the criteria set out in Schedule

7 of the Planning and Development Regulations, 2001 (as amended)).



The preparation of this EIA Screening Report has also afforded due regard to:

• Environmental Impact Assessment (EIA) Directive 2011/92/EU, as amended by EIA Directive

(2014/52/EU).

• European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018.

• Schedules 5, 6, 7 and 7A of the Planning and Development Regulations 2001 (SI No. 600 of 2001), as

amended.

• Environmental Protection Agency's Guidelines on The Information To Be Contained In Environmental

Impact Assessment Reports (2002)

• Advice Notes on Current Practice in The Preparation of Environmental Impact Assessment Reports

(2003).

• European Commission Impact Assessment Guidelines (2009),

• European Commission Environmental Impact Assessment of Projects, Guidance on Screening (2017).

• Department of Environment, Community and Local Government (DoECLG) Guidelines for Planning

Authorities & An Bord Pleanála on carrying out Environmental Impact Assessment (2018).

The assessment has also had regard to the Revised Guidelines on the Information to be Contained in

Environmental Impact Assessment Reports (Draft), August 2017; the Advice Notice for Preparing

Environmental Impact Assessment Reports (Draft), September 2015, and the Consultation Paper on

Transposition of 2014 EIA Directive (2014/52/EU) in the Land Use Planning and EPA Licencing Systems.

These documents are currently Consultation Drafts and it was considered appropriate that regard was had

to them on the basis they take account of the revised EIA Directive (2014/52/EU).

4.1 Planning and Development Act, 2000 (as amended) (PDA)

Section 172(1) of the PDA sets out the following requirements for EIA:

“(a) the proposed development would be of a class specified in—

(i) Part 1 of Schedule 5 of the Planning and Development Regulations 2001, and either—

(I) such development would equal or exceed, as the case may be, any relevant quantity, area or other

limit specified in that Part, or

(II) no quantity, area or other limit is specified in that Part in respect of the development concerned,

or

(ii) Part 2 of Schedule 5 of the Planning and Development Regulations 2001 and either—

(I) such development would equal or exceed, as the case may be, any relevant quantity, area or other

limit specified in that Part, or

(II) no quantity, area or other limit is specified in that Part in respect of the development concerned,

or

(b) (i) the proposed development would be of a class specified in Part 2 of Schedule 5 of the Planning and

Development Regulations 2001 but does not equal or exceed, as the case may be, the relevant quantity,

area or other limit specified in that Part, and

(ii) it is concluded, determined or decided, as the case may be by a planning authority, in exercise of the

powers conferred on it by this Act or the Planning and Development Regulations 2001 (S.I. No. 600 of

2001)….that the proposed development is likely to have a significant effect on the environment.”



4.2 Planning and Development Regulations, 2001 (as amended) (PDR)

Schedule 5 of the Planning and Development Regulations 2001-2016, as amended (PDR), sets out the

categories of development and thresholds for activities that require EIA for the purposes of Part X of the

PDA (above).

4.2.1 Schedule 5, Part 2

Schedule 5 (Part 2) sets out the categories of development and thresholds for activities that require EIA

and the following categories are relevant:

Class 10 (b)(i) provides for the ‘Construction of more than 500 dwelling units’.

Class 10(b)(iv) provides for ‘urban development which would involve an area greater than 2

hectares in the case of a business district, 10 hectares in the case of other parts of a built-up areas

and 20 hectares elsewhere’.

4.2.2 Schedule 7

Schedule 7A of the PDR set out the required information to be provided for purposes of screening sub-

threshold development for EIA by a Planning Authority, as follows:

“1. A description of the proposed development, including in particular—

(a) a description of the physical characteristics of the whole proposed development and, where relevant,

of demolition works, and

(b) a description of the location of the proposed development, with particular regard to the

environmental sensitivity of geographical areas likely to be affected.

2. A description of the aspects of the environment likely to be significantly affected by the proposed

development.

3. A description of any likely significant effects, to the extent of the information available on such

effects, of the proposed development on the environment resulting from—

(a) the expected residues and emissions and the production of waste, where relevant, and

(b) the use of natural resources, in particular soil, land, water and biodiversity.

4. The compilation of the information at paragraphs 1 to 3 shall take into account, where relevant, the

criteria set out in Schedule 7.”



5. PROJECT SCREENING FOR EIA

The flow-chart below illustrates the Screening Process, as set out in Section 3.2.2 of the Draft EPA

Guidelines (2017).

There are three key steps in carrying out an EIA Screening Assessment, as follows:

• Step1 is to determine if the project requires a mandatory EIAR. Such projects are defined in Article 4 of

the EIA Directive and set out in Annexes I and II of the Directive and Planning and Development

Regulations, specifically Schedule 5, Part 1 – Development for purposes of Part 10.

• Step 2 involves a determination on whether or not a project exceeds a specific and prescribed

threshold, as set out in the Planning and Development Regulations, Schedule 5, Part 2 - Development

for purposes of Part 10.



• Step 3 requires a determination of whether or not the project is likely to have significant effects on the

receiving environment.

5.1 Step 1 – Mandatory Screening for EIA by Project Type

Having regard to the above flow-chart in the preceding section, the first stage in the screening process

includes an examination of the project and determination whether or not the proposed project is of a

type that is defined in Article 4 and set out in Annex I and II of the Directive or Schedule 5, Part 1 of the

Planning and Development Regulations, as amended.

The proposed development does not fall within any of the prescribed category of development requiring

a mandatory EIA. Accordingly, there is no mandatory / statutory requirement for the subject development

to be subjected to EIA.

Having regard to Annex II of the Directive, it is considered that the proposed development falls within

Class 10 – ‘Urban Development’.

5.2 Step 2 – Threshold Screening for EIA

The next screening step is to determine whether the identified project type exceeds a specific threshold

set out in the legislation. Schedule 5 (Part 2) sets out the categories of development and thresholds for

activities that require EIA.

5.2.1 Class 10 – Urban Development

Class 10(b)(i) provides for the ‘Construction of more than 500 dwelling units’, and Class 10(b)(iv) provides

for ‘urban development which would involve an area greater than 2 hectares in the case of a business

district1, 10 hectares in the case of other parts of a built-up areas2 and 20 hectares elsewhere’.

The proposed development consists of the construction of 134 no. build to rent dwellings in a 6-9 storey

building and therefore falls far below the applicable 500 unit threshold. This site has an overall area of

0.32ha and is located within Dublin’s inner city, below the thresholds for both a ‘built-up area’ and

‘business district’ as defined in the Regulations.

Accordingly, it is considered that EIA is not a mandatory requirement for the proposed project.

5.3 Sub-Threshold Developments

Section 172(b)(i) and (ii) of the Planning and Development Act 2000, as amended, state that the competent

authority can also require an EIA where a project is below the specified threshold due to the likelihood of

significant effects on the environment. Article 103(3) of the Planning and Development Regulations, 2001

1 Business district means a district within a city or town in which the predominant land use is retail or commercial use.

2 Built-up area means a city or town (where “city” and “town” have the meanings assigned to them by the Local

Government Act, 2001) or an adjoining developed area;



as amended states that in determining whether a proposed development would or would not be likely to

have a significant effect on the environment, regard shall be given to the criteria set out in Schedule 7.

The criteria listed in Schedule 7 of the Regulations will be amended upon adoption of the Draft EIAR

Guidelines, which include a range of considerations for determining the likelihood of significant

environmental effects on the environment.

Section 3.2.3 of the Draft EPA Guidelines (2017) states:

‘Where a project is of a specified type but does not meet, or exceed, the applicable threshold then the

likelihood of the project having significant effects on the environment needs to be considered. Both

the adverse and beneficial effects are considered. This is done by reference to the criteria specified in

Annex III of the amended Directive’.

5.4 Assessment of the Proposed Development for Significant Likely Effects

Annex 3 of the EIA Regulations set out the screening criteria in relation to proposed developments

classified as Schedule 2 developments. These criteria seek to provide an understanding of the character

and complexity of impacts as well as any sensitivities which relate to a site. In summary, the criteria fall

under three broad headings:

• Characteristics of the development – taking into account the size, use of natural resources,

production of waste and emissions and risk of accidents, etc.

• Location of the development – consideration of environmental sensitivity of geographical areas

likely to be affected by development; and

• Characteristics of the potential impact – specifically having regard to the extent, magnitude,

complexity, probability, duration, frequency and reversibility of the impact.

5.4.1 Assessment under Schedule 7 of the Regulations

Tables 5.1 to 5.3 provides a summary of the required information to be provided for screening purposes.

Table 5.1: Characteristics of the Proposed Development

The characteristics of proposed development, in particular—

Criteria Assessment

(a) the size and design of the whole of

the proposed development,

The proposed development does not meet the thresholds

for an EIA as outlined in Section 5.2 above.

The proposed development has an overall site area of 0.32

ha and consists of the demolition of several 2-3 storey

1970/1980’s light industrial/warehousing/commercial

buildings and construction of a 6-9 storey building

accommodating 134 no. build to rent residential dwellings

and a ground floor commercial/retail unit of 606.1 sqm, on

a net site area of 0.19ha. The remaining 0.13ha of the site



area provides for proposed works to the public realm/roads

immediately adjoining the proposed building, incorporating

enhancements to pedestrian footpaths, pedestrian junction

crossings and public parking in the form of 5 no. additional

parking spaces and a loading bay.

The development is likely to provide for a defined

construction period and is confined to the above site area.

Construction practices will be regulated by a Construction

Environmental Management Plan. The size and design of

the project is not likely to cause significant effects on the

environment.

(b) cumulation with other existing

development and/or development the

subject of a consent for proposed

development for the purposes of section

172(1A)(b) of the Act and/or

development the subject of any

development consent for the purposes of

the Environmental Impact Assessment

Directive by or under any other

enactment,

The site is located in the Newmarket/Liberties Area of

Dublin City, bound by Newmarket Square to the north,

Ardee Street to the west, Mill Street to the south and to the

east by a recently constructed office building known as the

‘Eight Building’.

The subject site is on lands zoned Objective Z10 in the

Dublin City Development Plan 2017-2022 (DCDP): ‘To

consolidate and facilitate the development of inner city and

inner suburban sites for mixed uses, with residential the

predominant use in suburban locations, and

office/retail/residential the predominant uses in inner city

areas’. In addition, the subject site is is also located within

the boundary of the now lapsed Liberties Local Area Plan,

and within a designated Strategic Development and

Regeneration Area (SDRA) within the DCDP – SDRA 16

Liberties and Newmarket Square. SDRA’s are areas with

substantial development capacity and the potential to

deliver the residential, employment and recreational needs

of the city. The DCDP and associated zonings, designations,

policies and objectives has been subject to Strategic

Environmental Assessment. The proposed residential BTR

development, incorporating a large ground floor

commercial/retail use accords with the zoning objective of

the subject site.

Arising from its designation as an SDRA, Newmarket Square

and its immediate surroundings have been undergoing

significant changes since 2015/2016 through the provision

of large-scale redevelopment and regeneration projects,

many of which are currently under construction around the

subject site. A comprehensive overview of the planning

history for the area is provided in Section 3.4 of the

submitted Planning Report and Statement of Consistency,

as supplemented with summary table and corresponding



map at Appendix A of that report, which illustrates the

evolving character of the immediate area.

Developments surrounding the subject site have been

assessed and granted by Dublin City Council and/or An

Bord Pleanála, guided by policies and objectives of

national/regional guidance, the Dublin City Development

Plan and the now lapsed Liberties Local Area Plan. Recently

permitted developments or developments currently under

construction are noted below:

• The northern side of Newmarket Square is

permitted to consist of a 6-8 storey hotel (151

beds), incorporating a bar/restaurant, together with

an independent retail unit and a café/restaurant

unit; a 6-13 storey build to rent housing

development (419 units) with ground floor level

commercial units; and a 2-8 storey student

accommodation development (368 no. bedspaces)

immediately to the north of the subject site. It is

noted that all of these developments appear to be

currently under construction, with previous

buildings demolished.

• A proposal has been recently granted by Dublin

City Council (DCC Ref. 2046/21) for a 2-9 storey

mixed use, predominantly residential development

(39 no. units) with ground floor level retail units (2

no.) and a communal market area adjoining the

Teelings Distillery. It is noted that the decision of

Dublin City Council was appealed to An Bord

Pleanála by a third party and a decision from the

Board is due in March 2022.

• The western side of Newmarket Square and Ardee

Street is permitted to consist of a 4-5 storey mixed

use development containing 27 no. apartments and

a retail unit – construction has yet to commence on

this development.

• 2 no. multi-storey social housing developments (55

no. units) are also under construction further to the

west of the site on Chambers Street, adjoining

Weaver Park.

• A Student Accommodation (235 no. bedspaces) and

Build-To-Rent housing development (37 no.) in a

series of blocks ranging from 3-7 storeys is

currently under construction to the south of the site



at the corner of Mill Street and Clarence Mangan

Road, adjoining recently constructed and

operational student accommodation developments

(with other ancillary uses generally provided at

ground floor level).

It is noted that the construction phase of permitted and

currently under construction developments are also guided

by site-specific Construction and Environmental

Management Plans agreed with Dublin City Council prior to

commencement.

Cumulative impacts may arise in relation to construction

traffic should there be delays on the completion of

developments currently under construction, or if

development commences on recently permitted

redevelopment sites in the immediate vicinity. In this regard,

Section 6.12 of the Outline Construction and Environmental

Management Plan (OCEMP) notes that a Construction

Traffic Management Plan will be put in place to control

access to and egress from the site for construction traffic,

routing, delivery times and off-loading proposals which will

be subject to agreement with DCC. This plan shall take the

surrounding construction sites and construction traffic into

account to minimise the impact of construction traffic on

the immediate area. The OCEMP has noted the potential

location of construction access points and traffic routes for

the proposed development, together with existing access

points and set down areas for currently active construction

sites. In this regard, it is considered that there will not be

significant overlap or conflict in terms of construction traffic.

In terms of operational impacts, the proposed development

represents the continuation of the recent comprehensive

redevelopment of the immediate area, which previously

contained inappropriate and inefficient uses of scarce urban

land, as provided for in the DCDP and Liberties LAP.

Cumulatively, the proposed development, in conjunction

with other developments recently completed, permitted and

currently under construction will provide a vibrant and

sustainable neighbourhood of mixed uses, tenure, building

form and design, in an area of Dublin’s inner city which

benefits from its proximity to a range of public transport

options, services, facilities and employment.

A Townscape and Visual Assessment (TVA) Report, together

with a booklet of Verified View Photomontages

accompanies the application. Both the Verified Views and



the TVA Report illustrate and consider the impact of the

proposed development, cumulatively with other

developments in the immediate area. As detailed in section

3.7 above, the TVA concludes the following in relation to

townscape and visual impact:

• Overall, it is considered that the area is of a medium

sensitivity, with the identification and classification of

these areas taking into consideration the urban grain,

historic evolution, existing land uses, conservation

status, recent redevelopment proposals, the Dublin

City Council planning policy context, and the character

areas (LCA 7 and LCA 8) of the recently lapsed Liberties

Local Area Plan (LAP).

• The magnitude of change to key townscape character

areas/receptors as low, defined as ‘change that is

moderate or limited in scale, resulting in minor

alteration to key elements, features or characteristics of

the landscape, and/or introduction of elements that are

not uncharacteristic in the context. Such development

results in minor change to the character of the

landscape’.

• Given that the character of the proposed development

conforms with the LAP and City Development Plan

objectives for the regeneration of the area, reflects the

material, texture and proportions of the adjacent new

structures and enhances the quality of the built

environment (contemporary high-quality design

replacing low quality industrial/warehousing premises),

the effect of the proposed development is considered

to be moderate and positive. Measuring the low

magnitude of change against the overall sensitivity of

the receiving environment (Medium), the significance

of the townscape effects is predicted to be slight,

defined as an ‘effect which causes noticeable changes in

the character of the receiving environment without

affecting its sensitivities’. The effects on the townscape

would generally be neutral. However, the local effect

on Newmarket Square and Ardee Street would be

positive.

• Overall, the magnitude of visual change (relative to the

existing structure and to the permitted adjacent

development) would be medium, with the change

resulting from the arrangement of built form and the

architecture more so than its height. The existing and



permitted development, illustrated in the ‘cumulative’

photomontages, appears urban in character and

integrated with the streetscape, but potentially

unbroken and repetitive. The proposed development

provides an accent to the frontage that complies

design objectives of the LAP and DCDP and the

heritage of the location through its use, materials,

massing, proportions and active frontage. This accent,

through the height of corner at Newmarket

Square/Ardee Street, is appropriate given the site’s

position on a key entrance to Newmarket.

The TVA report concludes that the ‘appraisal has found that

the Proposed Development would protect and capitalise on

the unique character of the site and receiving environment

while introducing a dense residential neighbourhood of high

architectural and urban design quality, delivering compact

growth and enhancement of the townscape and visual

environment. In terms of the townscape and views, the

Proposed Development is appropriate to this location.’

Accordingly, no significant impacts are considered in

relation to townscape or visual impact.

(c) the nature of any associated

demolition works

The proposed development would require the demolition

and removal of all existing buildings on site and would

include groundworks to facilitate the proposed construction

works.

Site development / preparation works required to facilitate

the project will be carried out in accordance with best

practice. Given the relatively limited scale of these

associated site development works, no likely significant

impacts are likely to occur.

(d) the use of natural resources, in

particular land, soil, water and

biodiversity,

Development of the site, would by its very nature, require

the use of a range of natural and manmade construction

materials. No significant impacts are expected to occur on

the site or in the vicinity of the site through the use of

natural resources. The construction phase of the proposed

development will use natural resources including aggregate,

cement, wood and water, sourced off site. These are

secondary impacts associated with off-site activities, such as

quarrying, which are subjected to separate consenting

procedures, which consider the impacts arising at those

locations.

The proposed development does not include the extraction

of materials or groundwater from local sources. It is not



anticipated that the development would generate water

supply requirements that would have a significant effect.

Connections to existing water supplies are provided in the

proposed development and enquiries to Irish Water indicate

that these connections are feasible.

Given that the site comprises entirely of artificial structures

and surfaces, which are not being used by birds or bats,

there is no potential for significant impacts arising from a

biodiversity or ecological perspective. It is anticipated that

the landscaping of the communal open spaces,

incorporating swift/bat boxes will enhance the biodiversity

and ecological resource of the area. Mitigation measures

have been provided in the lighting design in relation to bats

and light spill.

It is concluded that there will be no significant likely effects

on the environment in relation to natural resources in the

area.

(e) the production of waste No potential significant impacts are envisaged on the site or

in the vicinity of the site as a result of the production of

waste by the proposed development.

Construction will be guided by a Construction and

Environmental Management Plan, together with associated

Construction and Demolition Waste Management Plan.

Waste produced as a result of the demolition of existing

structures and the construction of the proposed

development will be stored and disposed in a sustainable

manner and in accordance with all relevant environmental

guidance and policy documents. Demolition and

Construction Waste will be disposed of using licensed waste

disposal facilities and contractors. The scale of the waste

production in conjunction with the use of licensed waste

disposal facilities and contractors will not likely have a

significant effect on the environment.

During the operational phase, everyday waste and

recycling from residential dwellings will be disposed of by

approved licensed waste disposal contractors. There are

no significant mitigations measures or methods to be

undertaken in order to reduce likely significant effects on

the environment in order to complete the proposed

scheme.

(f) pollution and nuisances, Potential impacts of the proposed development in relation

to pollution and nuisances are mainly predicted to occur at

the construction stage of the development and include Air,



Noise, Vibration, Water and Traffic. These potential impacts

at the construction stage as detailed elsewhere in this

report.

Best practice methods will be utilised during construction to

mitigate potential impacts from pollution on the local

environment during construction. There will be some

potential for short-term noise and vibration impacts during

construction, and prevention measures to reduce nuisance

are set out in the submitted Outline Construction and

Environmental Management Plan (CEMP) which

accompanies the planning application. These measures will

inform the CEMP to be prepared by the final contractor for

agreement with Dublin City Council prior to

commencement.

Subject to the implementation of the mitigation measures

identified in the CEMP, and conditions attached to any

grant of planning permission, it is envisaged that any likely

environmental impacts would be appropriately avoided and

mitigated. No significant impacts are likely to occur.

(g) the risk of major accidents, and/or

disasters which are relevant to the

project concerned, including those

caused by climate change, in accordance

with scientific knowledge, and

Best practice construction measures will be employed

throughout the construction phase. It should also be noted

that the subject lands are not located in close proximity to

any Seveso site(s).

Accompanying this application is a Site-Specific Flood Risk

Assessment (SSFRA), prepared by Barrett Mahony

Consulting Engineers. The SSFRA identifies that the site of

the proposed development falls in Flood Zone C and

therefore, is deemed ‘Appropriate’ in accordance with the

guidelines of the OPW’s publication. Therefore, a

‘Justification Test’ and / or Stage 3 Detailed Flood Risk

Assessment is not required. Section 2 of the assessment

identifies flood risk from various sources, including fluvial,

tidal, pluvial and groundwater. In all instances the proposed

building is not identified to be at risk of flooding. The

proposed drainage system and attenuation infrastructure

has taken into account 20% climate change factor and

appropriately controls the rate of runoff from the site to

existing drainage systems. Therefore, it is considered that

the proposed development will not increase flood risk

elsewhere.

The proposed development will utilise established building

materials and technologies typical of the nature and scale of

such development in a highly urbanised area. No potential



significant impacts are envisaged as a result of the materials

or technologies used.

(h) the risks to human health (for

example, due to water contamination or

air pollution)

Potential impacts of the proposed development which may

be relevant to human health relate to factors previously

detailed, such as noise, water and air pollution, as set out

and discussed above.

Subject to the implementation of appropriate construction

management, the proposed development is unlikely to pose

any significant risks to human health.

Table 5.2: Location of the Proposed Development

The environmental sensitivity of geographical areas likely to be affected by the proposed

development, with particular regard to—

Criteria Assessment

(a) the existing and approved land use, The proposed development has an overall site area of

0.32 ha. The site primarily consists of the demolition

of several 2-3 storey 1970/1980’s light

industrial/warehousing/commercial buildings

proposed to be demolished, replaced by the

proposed 6-9 storey building accommodating 134 no.

build to rent residential dwellings and a ground floor

commercial/retail unit, on a net site area of 0.19ha.

The remaining 0.13ha of the site area provides for

proposed works to the public realm/roads

immediately adjoining the proposed building,

incorporating enhancements to pedestrian footpaths,

pedestrian junction crossings and public parking in

the form of 5 no. additional parking spaces and a

loading bay.

The subject site is on lands zoned Objective Z10 in

the Dublin City Development Plan 2017-2022 (DCDP)

‘To consolidate and facilitate the development of inner

city and inner suburban sites for mixed uses, with

residential the predominant use in suburban locations,

and office/retail/residential the predominant uses in

inner city areas’. The proposed residential BTR

development, incorporating a large ground floor

commercial/retail use, accords with the zoning

objective of the subject site. In addition, the

redevelopment of the site is in accordance with the

Strategic Development and Regeneration Area



(SDRA) designation of the site.

The proposed development is a plan-led

development, which has been subjected to Strategic

Environmental Assessment. The proposed

development is generally consistent with the

statutory planning framework for the site and will

result in positive economic, employment and social

effects. Urban consolidation would also contribute

towards meeting strategic population targets.

As such, no potential adverse impacts are envisaged.

(b) the relative abundance, availability,

quality and regenerative capacity of

natural resources (including soil, land,

water and biodiversity) in the area and

its underground,

The subject site is a brownfield site, currently

comprising low rise 1970s/1980s light

industrial/warehousing/commercial buildings and

surrounding roadways, with no vegetation present

and no evidence of use by bats or birds. There are no

significant natural resources present on the site or its

immediate surroundings, being urban in nature.

The main potential impacts on soils and geology

would result from the construction through the

demolition of existing buildings and excavation

required to facilitate overall development works, in

particular the construction of foundations, foul and

surface water sewers and infrastructure. Such impacts

would be temporary in nature and appropriately

controlled by a Construction and Environmental

Management Plan, together with a Waste

Management Plan. Construction stage mitigation

measures are provided in relation to the

implementation of best practice construction

measures to ensure protection of surface waterbodies

and the control/containment of potential

pollutants/contaminants generated on site as detailed

in the Construction and Environmental Management

Plan.

The proposed development is designed to comply

with the recommendations of the Greater Dublin

Sustainable Drainage Study, including the provision

of Sustainable Urban Drainage Systems and is

therefore unlikely to have any residual impacts in

terms of the impact on surface water drainage.

It is considered that the proposed development

would not have any significant impact on the



underlying bedrock, geology, or hydrogeology of the

site, either during the construction or operational

phases of development.

The proposed development is accompanied by a

Natura Impact Statement.

It is considered that the proposed development

would not have any significant impact on the

underlying bedrock, geology, or hydrogeology of the

site, either during the construction or operational

phases of development.

(c) the absorption capacity of the natural

environment, paying particular attention

to the following areas:

(i) wetlands, riparian areas, river

mouths;

(ii) coastal zones and the marine

environment;

(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) areas classified or protected under

legislation, including Natura 2000 areas

designated pursuant to the Habitats

Directive and the Birds Directive and;

(vi) areas in which there has already

been a failure to meet the environmental

quality standards laid down in

legislation of the European Union and

relevant to the project, or in which it is

considered that there is such a failure;

(vii) densely populated areas;

(viii) landscapes and sites of historical,

cultural or archaeological significance.

The proposed development site is not adjacent to any

wetlands, riparian areas, river mouths, costal zones

(marine environment), mountains, forested areas or

nature parks/reserves.

The subject site is not connected to an area wherein

there has already been a failure to meet

environmental quality standards.

Construction stage measures are provided in relation

to the implementation of best practice construction

measures to ensure protection of surface waterbodies

and the control/containment of potential

pollutants/contaminants generated on site as detailed

in the Construction and Environmental Management

Plan. Regarding the operational stage, the proposed

development has been designed to comply with the

recommendations of the Greater Dublin Sustainable

Drainage Study, including the provision of

Sustainable Urban Drainage Systems, attenuation

features, flow control and interception devices. These

are provided to treat surface water and restrict

discharge rates to existing surface water drainage

infrastructure in the vicinity of the site.

It is noted that the proposed building is located

within Flood Zone C and that there are no flood risks

associated with the site.

The proposed development has been subjected to an

Appropriate Assessment Screening and a Natura

Impact Statement has been prepared and submitted

with the application.

The subject site does not contain buildings of

architectural or historic significance as confirmed in



the Architectural Conservation Report submitted with

the application.

The groundworks could have a potential impact on

unknown sources of archaeological remains. An

Archaeological Desktop Report has been prepared by

Archaeological Projects Ltd and is submitted with the

application. On this basis of potential impacts on

subsurface archaeological remains by excavations

following demolition, archaeological test excavation is

recommended in advance of development. It is stated

that a detailed impact assessment can be prepared

when the piling layout is prepared, with options for

mitigation being either to preserve in situ, or by

record, depending on the potential for the former. All

options will be subject to the approval of National

Monuments and the Planning Authority.

The application is also accompanied by a Townscape

and Visual Assessment Report which confirms that

the proposed development will ‘protect and capitalise

on the unique character of the site and receiving

environment while introducing a dense residential

neighbourhood of high architectural and urban design

quality, delivering compact growth and enhancement

of the townscape and visual environment. In terms of

the townscape and views, the Proposed Development is

appropriate to this location.’

It is considered that the receiving environment has

sufficient capacity to absorb the proposed

development and no significant likely effects are

envisaged.

Table 5.3: Type and Characteristics of Potential Impacts

The likely significant effects on the environment of proposed development in relation to criteria

set out under paragraphs 1 and 2, with regard to the impact of the project on the factors

specified in paragraph (b)(i)(I) to (V) of the definition of ‘environmental impact assessment

report’ in section 171A of the Act, taking into account-

Criteria Assessment

(a) the magnitude and spatial extent of

the impact (for example, geographical

area and size of the population likely to

be affected),

Potential environmental impacts during the

construction phase of the proposed development will

be localised to the site and immediate surroundings.

It is expected that the proposed development will not



have any environmental impact beyond the

immediate environs of the site.

b) the nature of the impact, It is not anticipated that the proposed development

would give rise to any significant adverse long-term

impacts associated with the operational phase of the

proposed development.

The construction phase will be managed through the

implementation of the measures outlined in the

Construction Environmental Management Plan

(CEMP). Such impacts would be temporary in nature

and limited to the immediate vicinity of the site.’

In terms of visual and townscape impact, the

submitted TVA Report states that the proposed

development results in a low magnitude of change to

the receiving environment, with the significance being

slight. The effects on the townscape would generally

be neutral. However, the local effect on Newmarket

Square and Ardee Street would be positive.

The TVA Report confirms that the proposed

development will ‘protect and capitalise on the unique

character of the site and receiving environment while

introducing a dense residential neighbourhood of high

architectural and urban design quality, delivering

compact growth and enhancement of the townscape

and visual environment. In terms of the townscape and

views, the Proposed Development is appropriate to this

location.

(c) the transboundary nature of the

impact

The proposed development will not give rise to any

impacts that are transfrontier or transboundary in

nature.

(d) the intensity and complexity of the

impact,

The potential impacts are not considered to be

complex in nature or of a magnitude/intensity/scale to

be of significance.

(e) the probability of the impact Having regard to the nature and extent of the impacts

identified in Tables 5.2 and 5.3, no significant adverse

impacts with a high probability of occurring have been

identified.

(f) the expected onset, duration,

frequency and reversibility of the

impact,

Having regard to the nature and extent of the impacts

identified, no significant adverse impacts with a high

frequency of occurrence have been identified.

The development represents a sustainable



development opportunity that will contribute towards

urban consolidation on an inner-city regeneration site

that is consistent with the re-development character of

the area and in accordance with the overarching

objectives and policies of national/regional guidance,

the DCDP and the Liberties LAP.

The duration of the townscape/visual effects are

considered to be long term/permanent and

irreversible. Given the plan-led nature of the proposed,

it is not considered that these impacts will be

significant. As noted previously, the submitted TVA

Report considers that the proposed development will

‘protect and capitalise on the unique character of the

site and receiving environment while introducing a

dense residential neighbourhood of high architectural

and urban design quality, delivering compact growth

and enhancement of the townscape and visual



(g) the cumulation of the impact with

the impact of other existing and/or

development the subject of a consent for

proposed development for the purposes

of section 172(1A)(b) of the Act and/or

development the subject of any

development consent for the purposes of

the Environmental Impact Assessment

Directive by or under any other

enactment, and

This has been addressed previously in Table 5.1

above.

Arising from its designation as an SDRA, Newmarket

Square and its immediate surroundings have been

undergoing significant changes since 2015/2016

through the provision of large-scale redevelopment

and regeneration projects, many of which are

currently under construction around the subject site.

A comprehensive overview of the planning history for

the area is provided in Section 3.4 of the submitted

Planning Report and Statement of Consistency, as

supplemented with summary table and

corresponding map at Appendix A of that report,

which illustrates the evolving character of the

immediate area.

Developments surrounding the subject site have been

assessed and granted by Dublin City Council and/or

An Bord Pleanála, guided by policies and objectives of

national/regional guidance, the Dublin City

Development Plan and the now lapsed Liberties Local

Area Plan.

It is noted that the construction phase of permitted

and currently under construction developments in the



immediate vicinity of the site are also guided by site-

specific Construction and Environmental

Management Plans agreed with Dublin City Council

prior to commencement.

Cumulative impacts may arise in relation to

construction traffic should there be delays on the

completion of developments currently under

construction, or if development commences on

recently permitted redevelopment sites in the

immediate vicinity. In this regard, Section 6.12 of the

Outline Construction and Environmental

Management Plan (OCEMP) notes that a Construction

Traffic Management Plan will be put in place to

control access to and egress from the site for

construction traffic, routing, delivery times and off-

loading proposals which will be subject to agreement

with DCC. This plan shall take the surrounding

construction sites and construction traffic into

account to minimise the impact of construction traffic

on the immediate area. The OCEMP has noted the

potential location of construction access points and

traffic routes for the proposed development, together

with existing access points and set down areas for

currently active construction sites. In this regard, it is

considered that there will not be significant overlap

or conflict in terms of construction traffic.

In terms of operational impacts, the proposed

development represents the continuation of the

recent comprehensive redevelopment of the

immediate area, which previously contained

inappropriate and inefficient uses of scarce urban

land, as provided for in the DCDP and Liberties LAP.

Cumulatively, the proposed development, in

conjunction with other developments recently

completed, permitted and currently under

construction will provide a vibrant and sustainable

neighbourhood of mixed uses, tenure, building form

and design, in an area of Dublin’s inner city which

benefits from its proximity to a range of public

transport options, services, facilities and employment.

A Townscape and Visual Assessment (TVA) Report,

together with a booklet of Verified View

Photomontages accompanies the application. The



TVA report concludes that the ‘appraisal has found

that the Proposed Development would protect and

capitalise on the unique character of the site and

receiving environment while introducing a dense

residential neighbourhood of high architectural and

urban design quality, delivering compact growth and

enhancement of the townscape and visual



Accordingly, no significant impacts are considered in

relation to townscape or visual impact.

The change to the streetscape is considered to be

long term/permanent and irreversible. Given the

plan-led nature of the proposed, it is not considered

that these impacts will be significant.

(h) the possibility of effectively reducing

the impact

The design, form, height and finish of the proposed

building has been provided to effectively integrate

with the re-development character of the area and

streetscape. Where mitigation measures were

considered appropriate or necessary, these have been

incorporated into the detailed design of the proposed

development and accordingly form part of the

assessment of the type and characteristics of

potential impacts.

The Construction and Environmental Management

Plan will include measures to reduce any potential

impacts at the construction stage.

5.4.2 Assessment under Schedule 7A of the Regulations

In order to provide the Planning Authority with all requisite information for a screening determination, the

information required in Schedule 7A is detailed in the tables under the preceding sub-section 5.4.1. This is

based on the criteria in Schedule 7 as referenced under Paragraph 4 of Schedule 7A – i.e. ‘The compilation

of the information at paragraphs 1 to 3 shall take into account, where relevant, the criteria set out in

Schedule 7.’

Table 5.4: Summary of Schedule 7A Criteria (Paragraphs 1-3)

Criteria Reference / Assessment

1. A description of the proposed development,

including in particular—

This information is provided in Table 5.1, criteria (a)

to (c), above.



(a) a description of the physical characteristics

of the whole proposed development and, where

relevant, of demolition works, and

(b) a description of the location of the proposed

development, with particular regard to the

environmental sensitivity of geographical areas

likely to be affected.

This information is provided in Table 5.2, criteria (a)

to (c), above.

2. A description of the aspects of the

environment likely to be significantly affected

by the proposed development.

This information is provided in Table 5.3, above.

3. A description of any likely significant effects,

to the extent of the information available on

such effects, of the proposed development on

the environment resulting from—

(a) the expected residues and emissions and the

production of waste, where relevant, and

(b) the use of natural resources, in particular

soil, land, water and biodiversity.

Having regard to the nature and extent of the

potential impacts identified in Tables 5.2 and 5.3

above, it is not envisaged that any significant

effects on the environment would result from

either expected residues and emissions; the

production of waste or the use of natural

resources.

6.0 CONCLUSION

This EIA Screening Assessment concludes that the Project does not fall within any of the categories of

development specified in Part 1 of Schedule 5 of the PDR which requires the mandatory preparation of an

EIAR.

The subject development comes within Class 10(b)(i) and Class 10(b)(iv) of Part 2 of Schedule 5 of the

PDR. The permitted and proposed development fall below the relevant thresholds requiring the

mandatory preparation of an EIAR.

Section 5 of this Screening Assessment provides the information to be provided by the Applicant under

Schedule 7A of the PDR, and has undertaken an assessment in accordance with Schedule 7. This

assessment concludes that the proposed works, either individually, or cumulatively when taking other

relevant projects into account would not give rise to any significant effects on the environment, which

would otherwise require the preparation of an EIAR.

Documents

Environmental Impact Assessment Screening Report