The developers of the Liffey Valley shopping centre in west Dublin have claimed that An Bord Pleanala's refusal of planning permission to double the size of the complex was based on a "false premise". The company argued that the decision was based on the misapprehension that Quarryvale was designated as a district centre when, in fact, it was a town centre.
The board's ruling came as a "surprise and disappointment" to Barkhill, a consortium formed by the Cork-based developer Owen O'Callaghan and the Duke of Westminster's company, Grosvenor Properties, as it overturns an earlier decision by South Dublin County Council to grant permission for another 250,000 sq ft of retail space at the centre. Barkhill is to consider whether to seek a judicial review of the board's ruling but it is thought unlikely that it will initiate a High Court action because even if it secured a decision in its favour, the issue would still be referred back to the planning appeals board. The other option open to Barkhill would be to submit a fresh planning application for a scaled-down extension to the centre.
The board's senior inspector, Keith Sargeant, recommended refusal on the grounds that the enlarged centre would be a regional attraction and a major traffic generator - tending to create serious traffic congestion particularly at the M50/N4 interchange. The Dublin Transportation Office had told the board that the interchange was already congested and that doubling the size of Liffey Valley would exacerbate this problem.
Another reason given by the board for refusing permission was that the extension did not take sufficient account of the 1998 ministerial planning policy directive on shopping "as it would attract a significant number of customers on a regional basis". It also held that the doubling in size would have an adverse impact on established retail outlets in Lucan/ Clondalkin.
Barkhill said it acknowledged there were traffic problems in Dublin but believed it made a very strong case on the traffic and public transport issues and had more than fully answered all the queries relating to them. The infrastructure already constructed at Liffey Valley was the most extensive put in place by a private developer and was specially designed to fulfil its town centre designation. Since the roads at the development had been opened, they had greatly relieved congestion on the N4 and had contributed to the overall improvement of traffic in the Fonthill Road area, the company said.
Barkhill said Liffey Valley was the only one of the three designated town centre - the others are at Tallaght and Blanchardstown - not allowed to fulfil its town centre function. "This is grossly unfair." It said a US-style motor mall will open in May, a 14-screen multiplex cinema was trading number one in Ireland while a major retail park and 150-bedroom hotel were under construction.
Under the original 1992 zoning, the retail content was capped at 250,000 sq ft. However, this was lifted by South Dublin Co Council in its current development plan adopted in 1998. While both Tallaght and Blanchardstown are geographically at the heart of the area they are meant to serve, the Quarryvale site is located at the north-eastern extremity of Lucan/Clondalkin, adjoining the M50.
The original site designated for a town centre lies some two miles to the south-west of Quarryvale. An Bord Pleanala's decision may breath new life into development proposals for that site.
