Firhouse Object to Fencing Off of Public Space
Tallaghtcity.com
15 Carriglea Downs, Firhouse, Dublin 24
RE: Objection to Planning Application : SDO7A/0151
Applicant: Board of Management, Ballycullen Avenue, Firhouse.
Location: Scoil Treasa National School, Ballycullen Avenue, Firhouse,
Dublin 24.
Proposed Development: 2.1m high perimeter railing to the school
grounds at Scoil Treasa. The works will involve the relocation of both
the existing vehicle / pedestrian main access to the school and the
vehicular access to the Presbytery and teachers car park approximately
5m in a southerly direction to ensure that both access gates are at
right angle to Ballycullen Avenue and also to facilitate the
construction of a new access ramp from the high level teachers car
park to the school perimeter footpath below. The works will include
the construction of 2 no. pedestrian access gateways, one to serve the
existing access pathway from the Church of Our Lady of Mount Carmel to
the Presbytery, and the second to be located in the north east corner
of the perimeter railing in the area of the existing tarmacadam ball
courts. We also propose to construct a new vehicular access gateway
approximately half way between the Presbytery and Carriglea Grove to
facilitate access to the school playing grounds from Ballycullen
Avenue.
Overview of F.V.P.P.C.
Firhouse Village Park Project Committee was formed for the purpose of
acquiring a public park on what was the open space between Scoil
Treasa and Firhouse Shopping Centre. The long term plan was not just
the development of the park itself, but, to the ongoing development
of walkways in its immediate vicinity, not least of them being a link
between the new park and the new proposed entrance to the Dodder
Valley at Firhouse Road opposite the Speaker Pub.
All these proposals are well recorded and on file with SDCC in
relation to submissions made before the park was acquired, The overall
plan was a link from the Dodder Valley through our park to Ballycullen
and the Wicklow Way and to the
many open spaces that Firhouse provides. Our application for the
creation of a
park was supported by South Dublin County Council to whom we are
extremely grateful and this facility with its complimentary
surrounding open spaces currently exists.
1. All the officers of Firhouse Village Park Project Committee have
been involved in our local community on a continuous basis for over
thirty years either through residents associations, community councils
or other projects such as our Village Park. Our agenda is a simple
one, the preservation of open space, development of our park and an
assurance that SDCC will require that all development conforms to
proper planning for this area.
2. Members of this committee including our secretary, Barbara Coleman
(who has also been secretary of Carriglea Residents' Association for a
period in excess of 20 year) has been approached as indeed have our
local TD's and Councillors, by a large number of residents across the
area who are astounded and outraged at the above proposal to erect
iron fencing as described in the above planning application.
We therefore wish to object to the above application for the following
reasons;
PUBLIC RIGHT OF WAY.
We appreciate that the legal definition of a public right of way is
sometimes hard to establish. There is however enough case law at our
disposal to determine what is a public right of way or private right
of way.
While a difference in the legal interpretation of the law concerning
Public Right of Way exists between the English, Scottish, Welsh, Irish
and even Northern Irish legal systems there are however three
fundamental and common factors that have always decided whether the
public have a right of way or not in the affirmative. They are:
1. The area around our public park where the iron railings are
proposed to be erected has been a public park with a public right of
way for in excess of 20 years. In 1975, the developers of the entire
area around the Park, including Killakee, Carriglea and Woodlawn were
Viscount Securities. The area was known for legal and land registry
purposes as the Barony of Tymon. In 1975 when Viscount Securities had
their registered offices in Amiens Street, Dublin 1, they handed over
this land and the adjoining open space in order to provide a site for
a school and open space. That is what it has been providing not just
for twenty years but for thirty two years. The land was given free for
this purpose and this purpose only.
No better example of the point made in (1) above can be determined
from the following: An interesting recent example of the importance
of such public expenditure places a County Council on the "Dark Side".
Fingal Co. Co. laid out a public park in Swords, complete with
pathways, and a year later decided to use part of the park as their
HQ. They were stopped by Court Order, because to build on part of the
park would be to interfere with the public rights-of-way over the
paths affected. Public (i.e. Fingal Co. Co.) money used laying out
the park and its pathways was evidence of the dedication, and public
use for mere months was enough to evidence acceptance.
2. The land on which the public right of way exists links one public
right of way to another. This is another crucial factor in
determining what is a public right of way and what is not. There has
been no application from or to South Dublin County Council to
extinguish the right of way and without such application this actual
planning application is invalid. In any event, if such application
were made it would be vehemently opposed by residents who use it and
have used it for the last thirty two years.
3. The land or any part of the land on which the public right of way
exists has been maintained out of public funds for a period in excess
of 20 years. Anyone with a smidgeon of legal knowledge concerning
Rights of Way will know that this particular fact renders the above
planning application invalid without any other considerations
whatsoever.
SITE OWNERSHIP.
The site is owned, according to Land Registry Office details, by the
Archbishop of Dublin (Dublin Dioscean Trust) and not by Scoil Treasa.
The application is made by Mr. Dermot Moran on behalf of Scoil Treasa.
Does the application not have to be made by the site owner? In any
event, the idea of forcing hundreds of people from Carrigwood,
Carriglea and Ballycullen to take a walking detour through housing
estates when they should be able to do what they have been doing for
years, walking across a park to the shops, is unacceptable. Indeed
one has to question the motive of the Catholic Church to even consider
erecting a fence around a public park. The resulting noise from youths
getting off the Nitelink or going home from the local pub or
restaurants who would be routed down through housing estates is not a
concern for Mr. Moran, the applicant because like most applicants and
people who make submissions to planning matters that concern our
community he doesn't live in it, or obviously care about the
community. It is interesting that of the three persons foremost in
promoting this venture namely Dermot Moran, Maurice Curtin and the
Parish Priest - the first two do not live in the area, and never have,
and the third I believe is due to be posted elsewhere in the coming
months. It is worth noting that when submissions were invited by SDCC
for the Part V111 Process concerning our Village Park some time ago
that some of these same people were making submissions (on record)
stating that 'no tree other than those knee high would be accepted'
are actually promoting and supporting this monstrosity.
IN THE INTEREST OF PROPER PLANNING
Down through the years Firhouse Community Council, Residents
Associations and later Firhouse Village Community Council and our Park
Committee have had many arguments and discussions with South Dublin
County Council regarding planning issues. SDCC have always reacted in
a firm and fair manner and while general agreement has not always been
reached the policy that has been implemented by SDCC with regard to
proper planning is evident today.
Firhouse is a beautiful open area with green belts, parks and tree
lined walks. Our committee took note and record of the generous
applause that was afforded to the former Mayor Mr. Jim Daly when he
came to open our Village Park directly opposite the school. Mr. Daly
said on that occasion that 'he was not too familiar with the area and,
but on driving through Firhouse on his way here he was struck by the
amount of open space and green belt area that we (Firhouse) have been
afforded'. The one giving the loudest applause was the former parish
priest of Firhouse - who either appreciated or pretended to
appreciate our open space at that time or else he was applauding
himself.
There will be nobody applauding this outlandish proposal should it be
given planning permission, indeed it will do nothing but create a
'ghetto' impression when entering the estate.
South Dublin County Council should realize that this is yet another
copy cat project out of the Roadstone/Mount Seskin mould and it is a
worrying development if precedent is set. How long before every land
owner applies for similar permission and we have iron railings around
every field in the county?
There is no logical reason for an iron fence around the full perimeter
of this public open space, Such a fence will have no effect
whatsoever and if anyone thinks that youths are going to go on a long
detour instead of cutting holes in it they are sadly mistaken. It
will be an ineffective eyesore within two months of being erected and
it will be an eyesore that will get progressively worse and the people
of Firhouse will be left with it long after the people who erected it
are gone. It has nothing in keeping with planning or the general
layout of the entire Firhouse area.
Firhouse Village Park Project Committee are not against proper
planning for this area. We await the badly needed development of the
area around our shopping centre. We have anticipated that some of the
contributions from this development would be spent in the immediate
area and we had hoped to see a stone wall along the boundary of our
public park adjoining Scoil Treasa to match the stone wall of the
Village Park directly opposite. We had hoped for a development with a
Village Square and opposite our Village Park, School, Church and open
space. We do not need something that resembles an empty zoo.
Once again we appeal to SDCC to listen to and take on board the views
of local residents and local residents representatives who advise that
they have had numerous complaints regarding this application and not
submissions from people who do not even live in or near this area.
Please refuse permission for this application.
Yours sincerely,
___________________________
Barbara Coleman, Secretary.
______________________________
Tom Fennelly, Chairman.
_______________________________
John Skelton, Treasurer.
On Behalf of Firhouse Village Park Project Committee and concerned
residents.