Special Planning Control Scheme

September 2009

O’Connell StreetArchitectural Conservation Area

1

Introduction....................................................................................................2

Executive Summary.......................................................................................5

Part 1 Land Use...........................................................................................7

Part 2 Maximising the Use of Buildings..................................................14

Part 3 Shopfronts......................................................................................15

Part 4 Advertisement structures..............................................................16

Part 5 The Built Fabric..............................................................................18

Part 6 The Public Realm ...........................................................................20

Appendix 1 Definitions..............................................................................22

Appendix 2 Complementary Non-Retail Uses ..........................................24

Appendix 3 Environmental Assessment ...................................................25

O’ Connell Street Area of Special Planning Control (ASPC)

2

Introduction 1.1 Background

The O’ Connell Street area is of major architectural, historical, cultural, artistic and social importance. It constitutes a distinct quarter of the city that was formally planned, laid out and developed between the 1740s and the early 1800s. This architecturally distinguished area has a simple but elegant plan - terraced buildings lining the streets, usually four to five storeys in height, with the lines and rhythm of the facades lending an overall coherence. Occasionally, a landmark building that confers a special quality or image onto individual streets interrupts these terraces. In spite of the pressures of time, this area still remains relatively intact over two hundred years later, a testimony to the importance of the area.

In order to properly protect and manage this rich legacy, Dublin City Council, on July 9th 2001, designated the O’Connell Street area as an Architectural Conservation Area. Dublin City Council recognised the importance of not concentrating solely on the preservation and restoration of the landmark buildings, but also on the conservation and the regeneration of the wider historic urban area. The Architectural Conservation Area provides a mechanism to protect and enhance this wider area. By identifying the special character of the O’Connell Street Area and the development issues affecting it, it is properly equipped to manage and enhance all aspects of the area’s special architectural and civic character.

While the designation of O’Connell Street and environs as an Architectural Conservation Area was a major step towards protecting the unique character of the area, it was recognised that in light of the major improvements planned for the area in the O’Connell Street Integrated Area Plan 1998, a further supplementary scheme would need to be implemented to guide investment toward the creation of a busy, thriving commercial area that would be in harmony with the area’s architectural, cultural, civic and historic character. Dublin City Council approved a Special Planning Control Scheme for the entire O’Connell Street Architectural Area on 8th June 2003.

Since the introduction of the first Special Planning Control Scheme for the O’ Connell Street ACA, O’ Connell Street has undergone a transformation. Some notable achievements to date include:

The construction of the Spire

The refurbishment of O’Connell Street. This has included:

o Laying new carriageways for vehicles, widening footpaths, upgrading public lighting

o Installing specialist street furniture and planting new trees

o The restoration of all monuments to their original condition.

o The construction of a new central pedestrian area along the street.

o A new Civic Plaza has been created outside the GPO, for use during celebrations.

3

Given the improvements that have taken place on O’Connell Street as a result of the aims of the Integrated Area Plan, it is timely that a review of the Special Planning Control Scheme should provide more appropriate guidance on how to achieve a strong and dynamic relationship between the quality of its architecture and the uses to which it is put. The general improvements to the area have resulted in an area that is much more confident and attractive, and which has the potential to add to the overall appeal of the city centre. In light of these notable achievements and the development of key sites in the area, it is essential that Dublin City Council has the right land use policies in place in order to maintain the architectural character of the O’Connell Street area, while at the same time having the vision to facilitate compatible land uses which will invigorate the area and benefit the entire city, for residents and visitors alike.

1.2 What is a Special Planning Control Scheme?

Section 84 of the Planning & Development Act 2000 states:

“A planning authority may, if it considers that all or part of an architectural conservation area is of special importance to, or as respects, the civic life or the architectural, historical, cultural or social character of a city or town in which it is situated, prepare a scheme setting out development objectives for the preservation and enhancement of that area, or part of that area”, including the promotion of an appropriate mix of uses and the remediation of derelict or vacant sites.

1.3 Development Objectives

The designation of O’Connell Street Architectural Conservation Area as an Area of Special Planning Control allows Dublin City Council to specify development objectives for the preservation or enhancement of the area that would further strengthen its designation as an Architectural Conservation Area. The original scheme introduced both general and street-specific land use controls aimed at promoting an appropriate mix and range of land uses by controlling signage and uses such as fast food outlets / takeaways, internet cafes and amusement arcades and seeking the redevelopment of vacant, derelict and underutilised sites.

The amended scheme proposes to focus on the following 6 objectives:

(1) The promotion of an appropriate mix of uses

(2) The maximisation of the use of buildings

(3) To redress the decline in quality and presentation of buildings

and shopfronts

(4) The control of advertisement structures and the exhibition of advertisements.

(5) To secure the retention of the historic fabric of the area.

(6) To promote high quality and inclusive design to improve the quality of the public realm and open spaces

1.4 The Area of Special Planning Control

The extent of the existing Area of Special Planning Control is identical to that of the O’Connell Street Architectural Conservation Area (ACA). To the north of the river, the

4

area takes in all of O’Connell Street, extending to Parnell Street to the north, Marlborough Street to the east and Moore Street/Lane to the west. To the south of the river, the area incorporates both D’Olier Street and Westmoreland Street, extending to Hawkins Street to the east, College Street to the South and to the rear of houses fronting onto the west side of Westmoreland Street. The full extent of the area is displayed in illustrative form in the map accompanying this document.

1.5 Duration of the Scheme

If this amended Scheme of Special Planning Control is passed by resolution of Dublin City Council, it shall remain in operation for six years. The City Council will monitor and review the impact of the Scheme over this six year period and may by resolution, amend or revoke the Scheme as necessary. This document should be read in conjunction with the O’Connell Street Architectural Conservation Area Plan, in particular with regard to the general controls over works to the exterior of all buildings, both protected and non-protected.

5

Executive Summary Part 1 Land Use

This section highlights the importance of specific existing uses that are key components in the area by reason of their importance in architectural, social, cultural, economic and historic terms. It also highlights existing uses, which have a negative impact on the area. This section also sets out general development management measures to achieve an appropriate mix and balance of uses in the O’Connell Street Special Planning Control area. It addresses planning exemptions relating to changes within the same use classes. These are sub-divided into five sub-sections: - (a) De-exemption of specific shop ‘uses’, such that, a change of use to a particular type of ‘shop’ will require planning permission. (b) De-exemption of the sale of sandwiches or other food or wine subsidiary to the main retail use, (c) De-exemption of changes within Class 2 and changes to an Internet café/ phone call centre (d) De-exemption of a change down in the Class Group to ‘shop’. It also sets out general controls on uses “open for consideration” and uses that are not “permissible”. (e) The merging of two or more buildings or commercial units on one or more floors through the removal of dividing walls/partitions and/or the insertion of doorways or openings to form larger scale units will constitute development and will require planning permission Specific land use controls are also set out on a street-by-street basis to ensure that street specific needs are addressed whilst meeting the overall objectives of the vision for the area of special planning control. Part 2 Maximising the Use of Buildings

This section sets out the objectives of the scheme to promote the use of vacant and underutilised buildings in the area of special planning control. Specific reference is made to the use of upper floors and basements in order to create opportunities for the provision of complementary uses and to provide for intensification of use.

Part 3 Shopfronts

This section highlights the importance of high quality shopfront design in the area by promoting Dublin City Council’s dual approach to shopfront design:

(a) Protecting traditional and original shopfronts

(b) Encouraging good contemporary shopfront design.

Design guidance is provided by way of reference to the Dublin City Shopfront Design Guide (2001) and the specific shopfront design guide for the O’Connell Street Architectural Conservation Area (2003).

6

Part 4 Advertisement Structures

The scheme undertakes a review of existing advertisement structures in the area in this section accompanied by recommendations for improvements. It also sets out clear and concise guidance on design structures for new advertisement structures and signage in the area.

Part 5 The Built Fabric

This section sets out the objectives of the scheme to secure the retention of the historic fabric of the area and development management measures for works that would materially affect the character of the structure and area which accords with the O’Connell Street & Environs – Architectural Conservation Area Plan.

Part 6 The Public Realm The key objective is to build on the substantial public realm improvements recently undertaken in the area by promoting high quality and inclusive design to improve the quality of the public realm and open spaces. This section also sets out development management standards to be applied.

7

Part 1 Land Use

1.1 Background

In conjunction with Development Plan policy, this scheme presents an opportunity to determine an appropriate mix of land uses for the area, ones which complement the architectural and historic context. This can be achieved through encouraging certain uses whilst discouraging developments, which may detract from the overall objectives of the scheme. The creation of a real mixed-use environment is seen as desirable in that it can provide a more integrated shopping and leisure experience for residents, workers and visitors .

1.2 Existing Land Uses

As part of the review of the Special Planning Control Scheme existing land uses at ground floor level in the O’Connell Street area were assessed to determine the impact of the different types of land use on the architectural, historical and civic character of the area. In line with the original scheme the assessment took into account the following factors:

- The compatibility of each use with the building and adjoining buildings,

- The extent to which each use interrupts the retail street frontage and discourages the location of higher order retail outlets,

- The presentation of each use to the street including shopfront design, control of advertisement structures and use of promotional material

Based on this assessment certain uses were identified as having a positive impact on the area while others were viewed as detracting from the architectural, historic and civic character of the area.

1.3 Appropriate Uses to be protected

A number of uses in the O’Connell Street Area of Special Planning Control are identified as having special significance through their long association with the area. Businesses such as Clery’s Department Store, The Gresham Hotel and Eason & Son Ltd. are now an essential part of the street’s character and continue to attract people into the area and contribute to the social, cultural, economic and architectural character of the street. It is an objective of the Scheme of Special Planning Control to protect these particular uses, which contribute significantly to the character of the area.

Policy H6A of the Dublin City Development Plan 2005-2011 (Variation no. 2) sets out the City Council’s policy to encourage the protection of the existing or last use of the premises listed on the Record of Protected Structures where that last use is considered to be an intrinsic aspect of the special social, cultural and / or artistic interest of those premises. Furthermore it is stated that; -“It will be the policy of

Key Objective (1): To promote an appropriate mix of uses

8

Dublin City Council in considering applications for planning permission in respect of a change of use of any premises to take account as material consideration the contribution of the existing or last use of that structure to special social, cultural and / or artistic interest of those premises and / or whether the new use would be inimical to the special interest identified.”

1.4 Specific Uses to be Controlled and Monitored.

Based on the land use survey undertaken as part of the review of this scheme, certain land uses were identified that physically detract from the architectural, historic and civic character of the area. These uses were classified as fast food outlets, amusement arcades, convenience stores and ground floor office uses.

During the lifetime of this Scheme, Dublin City Council will continue to assess and monitor these uses as key public and private developments come on line. Where such uses continue to operate in a manner and form that detract from the quality and character of the street, the planning authority may seek to enter into negotiations with the relevant owner/occupier. In this regard and depending on the circumstances of each case, the Planning Authority may require the owners/occupiers to comply with any elements of Parts 3-6 (inclusive) of the scheme.

1.5 Control of New Uses

It is intended to ensure that any incoming use will enhance the character of the area and allow and encourage a diversity of uses to increase the overall attractiveness of the O’Connell Street area for shopping, leisure and business purposes.

To ensure these aims are met the following guidelines will be applied to all planning applications within the O’Connell Street Area of Special Planning Control. The purpose of these guidelines will be to ensure that proposed uses attracted by the increased economic vitality of the area will be in harmony with the architectural, civic, cultural and historic character of the street.

The guidelines will be applied to all proposed uses on two levels:

(1) General land use.

(2) Street by street land-use policy.

9

1.6 General Land Use

The following land use controls will be applied throughout the O’ Connell Street Area of Special Planning Control. Premises situated within the area of Special Planning Control cannot avail of the existing provisions on exempted development in the Planning and Development Regulations 2001-2008.

The following existing exemptions from seeking planning permission under the Planning and Development Regulations 2001 to 2005 (or any regulations revoking or re-enacting these regulations) relating to changes of land use will no longer apply. In the area covered by the O’Connell Street SPCS planning permission will be required for the following changes: (a) Specific changes from within Class 11 ‘shop’ to other types of ‘shop’ as defined

below, (b) The sale of sandwiches or other food or of wine for consumption off the premises

even where such food / wine is subsidiary, (c) Changes within other specified class groups and, (d) Changes under Class 14 (a), (b), (c), & (d) Exempted Development – General of

the Planning and Development Regulations 2001 to 2008 (or any regulations revoking or re-enacting these regulations).

(e) The merging of two or more buildings or commercial units on one or more floors through the removal of dividing walls/partitions and/or the insertion of doorways

1 A list of land use definitions for all uses referred to in the tables is included in Appendix 1

10

or openings to form larger scale units will constitute development and will require planning permission

1. Notwithstanding the definition of ‘shop’ in Article 5(1) of the Planning and Development Regulations 2001 to 2008 the following changes of use within Class 1 ‘Shop’ will require planning permission. Potential applicants should note that many of these changes of use may be desirable and should not be viewed negatively solely on grounds of the requirement to seek planning permission.

Existing Use Proposed Use

Sale of sandwiches or other food or of wine for consumption off the premises where the sale of such food or wine is subsidiary to the main retail use and “wine” is defined as any intoxicating liquor which may be sold under a wine retailer’s off-licence.

Launderette or dry cleaners

Premises used for hiring out of domestic goods or articles

Newsagents / convenience store

Supermarket

Pharmacy

Sex shop

Catalogue shop

Mobile Phone Shop and related goods

Shop or part of shop

Discount Shop/End of lines/Closing down/Sales Outlets

2. Notwithstanding Article 10 of the Planning and Development Regulations 2001 to 2008, the following changes of use within a class2 of use will require planning permission:

Existing Use Proposed Use

Use for the provision of professional services (Class 2(b))

Use for the provision of financial services (Class 2(a))

Use for the provision of any other services (including use as a betting office) where the services are provided principally to visiting members of the public (including ATM Lobbies or phone call centres, internet cafes).

2 Classes of use are defined in Schedule 2 Part 4 of the Planning and Development Regulations 2001-2008

11

Use as a shop or restaurant or café or office (Class 2 or Class 3)

Use as an internet café or phone call centre

Street by Street Land Use Policy

The following land use controls will be applied on a street by street basis as indicated and are intended to protect the special character of each street, having regard to their architectural, civic and functional character. These controls have been informed by a recent land-use survey. In addition to zoning provisions, potential applicants should be aware that the retail section of the current development plan applies further limits on land uses – particularly within what are identified as category 1 and category 2 shopping streets.

(i) O’Connell Street (Lower & Upper)

It is an objective of this Scheme to secure a sustainable range of uses that reflect the street’s role as the principal civic thoroughfare of the city , and a premier ‘category 1’ shopping area. There will be a presumption in favour of granting planning permission for higher order retail outlets at ground and first floor level and a presumption against granting planning permission for uses that detract from the essential character of the street, displace retail uses and interrupt the shopping frontage. It will also be necessary to ensure that the scale of uses relate to the buildings they occupy, using existing internal spaces without damaging the architectural integrity of buildings.

Ground floor level

Higher order retail outlets will be the principal use sought at ground floor level, including fashion outlets – both multiple and independent stores, ‘lifestyle’ stores, ‘flagship’ stores, niche and specialist retailers including home furnishings, beauty products, camera equipment, jewellery and books.

1. Non-retail uses including all uses classified as Classes 2 and 3 and including the following are not permitted at ground floor ; financial services, professional services and general offices, Internet café, call centre, bookmaker, takeaway, off licence, ( other than those selling wine only), amusement arcade, ATM lobby, car rental, financial institution.

2. Complementary non retail uses at ground floor level will be considered on their merits ; ( e.g. pub, café, restaurant )provided the primary retail function of the street is not undermined. Any proposal will have to satisfy the planning authority that the provision of an additional outlet of this nature will be of benefit to the area and well designed. To achieve this any planning applications for such proposals must comply with the guidelines for the control of non-complementary uses contained in the Architectural Conservation Area Plan (See Appendix 2). These guidelines are based on the requirement to achieve a dispersion of such uses along the street, to prevent a clustering of such uses.

3. No additional newsagents and/or convenience stores or fast food outlets/take-aways will be permitted on Lower or Upper O’Connell Street.

12

5. Hotels and guesthouses may be permitted but will generally be encouraged to have their reception area/lobby area at first-floor level or above. This is to ensure that facilities are provided at ground-floor level to which the general public has access – such facilities may include a restaurant or café. However, if a proposal includes a vibrant public ground floor use, it may be considered favourably.

6. Separate access to the upper floors of buildings must be maintained and should not be removed as part of any proposal to extend the ground floor use or install a new shopfront.

7. Preference will be given to the location of a strong mix of uses on the upper floors of buildings. Retail activity and complementary activities such as restaurants and cafés, galleries and art galleries, tailors, hairdressers, barbers, beauticians, tanning services and other specialist services to visiting members of the public will be sought at first-floor level. The use of first floors predominantly for storage use will not be favourably considered (other than incidental to approved uses).

8. Office uses will be permitted above first-floor level , and active encouragement will be given to the provision of residential units at second-floor level and above.

(ii) D’Olier Street & Westmoreland Street

On the basis of the existing level of vacancy in this area, policy aims to secure new uses that will attract pedestrian footfall. These shall include retail and complementary non-retail uses. Criteria set out under Appendix 2 shall apply to assessment of the non-retail uses.

(iii) Marlborough Street, Cathal Brugha Street & Parnell Street

In addition to Development Plan zoning, applicants should be aware of retail policy relating to Category 1 and 2 Streets as it applies to the site in question. In all cases however, the following shall apply ;

1. Retail will be the principal use sought at ground floor level on Parnell Street, Cathal Brugha Street and Marlborough Street (between the junctions of Eden Quay and Cathedral Street and Cathal Brugha Street and Parnell Street)

2. Complementary uses – specifically cafés, restaurants and bars (but excluding fast food outlets) may however be considered at ground floor level . Emphasis shall be on high quality of design and materials, and the planning authority will take into account the guidelines for the control of non-complementary uses in Appendix 2. These guidelines are based on the requirement to achieve a dispersion of such uses . Potential applicants are encouraged to seek pre-planning guidance in relation to any such proposal and to note that such uses above ground floor level will be encouraged.

3. Uses classified as Class 2 including Internet cafés may be considered at ground floor level, excluding premises that also have a frontage onto O’Connell Street. The

13

assessment of proposals for such uses will be determined with reference to the guidelines for the control of non-complementary uses ( Appendix 2)

4. The provision of residential units will be encouraged above ground-floor level on Marlborough Street, Cathal Brugha Street and Parnell Street.

5. The provision of a mix of office uses and residential units will be favourably considered at ground and upper floor levels of buildings located on Marlborough Street between the junctions of Cathedral Street and Cathal Brugha Street.

(iv) Henry Street, North Earl Street, Lower & Middle Abbey Street

1. Higher order retail outlets will be the principal use sought at ground-floor level, including fashion outlets – both multiple and independent stores, ‘lifestyle’ stores, ‘flagship’ stores, niche and specialist retailers including home furnishings, beauty products, camera equipment, jewellery and books.

2. Complementary uses – specifically cafés, restaurants and bars (but excluding fast food outlets) will be permitted provided the primary retail function of the street is not undermined . Applications will be assessed using inter alia the guidelines for the control of non-complementary uses in Appendix 2. These guidelines are based on the requirement to achieve a dispersion of such uses along the street, prevent a clustering of such uses and to achieving a high quality design.

3. Additional newsagents and convenience stores and fast food outlets/take-aways will not be permitted.

4. Non-retail uses including all uses classified as Classes 2 and 3 such as financial services, professional services and general offices, together with ATM lobbies, internet cafés, phone call centres and amusement arcades will not be permitted at ground floor level.

5. Separate access to the upper floors of buildings must be maintained and should not be removed as part of any proposal to extend the ground floor use or install a new shopfront.

6. Preference will be given to the location of a strong mix of uses on the upper floors of buildings. Retail activity and complementary activities such as restaurants and cafés, galleries and art galleries, tailors, hairdressers, barbers and beauticians and other specialist services to visiting members of the public will be sought at first-floor level. The use of first floors predominantly for storage or office uses will not be favourably considered (other than incidental to approved uses).

7. Residential use will be sought at upper floor levels.

14

(v) Moore Street

Moore Street is a ‘category 1’ retail street in the current development plan and hence land use policy favours high order retail use at ground floor. The proposed redevelopment of a large site between Moore Street and O Connell Street will revitalize this area with a mix of uses.

1.Retail will be the principal use sought at ground floor level. In addition to higher order retail outlets – fresh food outlets and specialist fresh food outlets will be encouraged .

2. Complementary uses – specifically cafés, restaurants and bars (but excluding fast food outlets) have an important supporting role and will be encouraged provided they do not detract from the retail character of the area – which is the primary focus. To this end the planning authority will take into account the guidelines for the control of non-complementary uses in Appendix 2.

3. Residential use will be sought at upper floor levels on Moore Street between the junctions of Henry Street and Samson’s Lane and Henry Place.

Part 2 Maximising the Use of Buildings The O’Connell Street Integrated Area Plan (1998) and the Special Planning Control Scheme (2003) identified that there have been ongoing issues with regard to vacant, derelict and underutilized sites in the O’ Connell Street area. Considerable progress has been made to date in addressing this issue in line with the objectives outlined in both the IAP and SPCS. This has led to a considerable reduction in the quantum of vacant, derelict and underutilized sites in the area. However, the land use survey undertaken as part of the review of the original SPCS indicates that vacancy, dereliction and the underutilization of sites are still a considerable issue. It is an objective of this scheme to seek the redevelopment of a number of vacant, derelict and underutilised sites located in the area in order:

To reinstate the streetscape

To create opportunities for the provision of a more balanced range of uses

To provide for the intensification of land use

To develop a strong land use culture in the Upper O’Connell Street area

As well as seeking to promote the redevelopment of vacant and derelict sites in the area it is considered appropriate to encourage an intensification of uses of buildings above and below the ground floor. While large space users such as department stores will continue to be important for the viability and vitality of the area it is important that room is found for smaller and more specialist retailers to help give the street more character. It is an objective to seek the more intensive use of the upper floors and basement levels in the O’Connell Street Area in order:

- To create opportunities for the provision of a more balanced range of uses,

- To provide for an intensification of land use

Vacant Sites (O’Connell Street ACA )

15

Complementary activities such as, but not limited to, restaurants, cafes, art galleries, tailors, hairdressers, barbers and beauticians and other specialist services will be encouraged at first floor level. Office uses will be permitted above first floor level and active encouragement will be given to the provision of residential units.

The use of first floors predominately for storage or office uses will not be favourably considered to, in order to maximise the active use of the buildings and create a lively street scene.

Part 3 Shopfronts

Shop fronts form an important part of a street’s character, as they constitute a highly visible part of the building at street level. Dublin City Council promotes a dual approach to shopfront design: -

• Protecting traditional and original shopfronts

• Encouraging good contemporary shopfront design

Shopfronts, which are well designed and well maintained, make for a more attractive street for the shopper and passer-by. Poor quality shopfronts, on the other hand, damage the public perception of a street. An assessment of the quality and presentation of existing shopfronts within the O’Connell Street & Environs ACA reveals that a number of the shopfronts are characterised by poor design, use of inappropriate materials, proliferation of signage and lack of maintenance.

Dublin City Council’s Shopfront Design Guidelines, prepared specifically for the O Connell Street Area were published in May 2003 and remain applicable to the defined area. Any person proposing to install a new shopfront is advised to consult both the above and Dublin City Council’s Shopfront Design Guide (2001). They are also advised to engage an architect with an expertise in the design of shopfronts to prepare any planning application.

Any alteration or works to shopfronts within the O’Connell Street & Environs ACA, other than routine maintenance works, which comprise the carrying out of works to the exterior of a structure requires planning permission under the Planning and Development Acts 2000 to 2006.

Key Objective (3): To redress the decline in quality and presentation of buildings and shopfronts within the O’Connell Street and Environs ACA.

Key Objective 2: To seek the more intensive use of the upper floors andbasement levels of buildings in the area.

16

Part 4 Advertisement structures

4.1 Existing Advertisement Structures

It is an objective to seek the removal of a number of existing advertisement structures that detract from the architectural character of the area, as well as to seek the removal of redundant signage, lamps, floodlights, hanging baskets and brackets associated with these elements protruding from the elevations of structures.

Advertisement structures have been examined with a view to evaluating ; -

The extent to which an advertisement structure obscures, interferes or damages the architectural feature of any structure that contributes to the character of the Architectural Conservation Area.

The extent to which it interferes with the character of the Architectural Conservation Area by virtue of the prominence or importance of the location at which it is displayed - e.g. important entry points or gateways to the area.

The relationship of the sign or structure to the uses operating within the building on which the structure is displayed.

The scale, dimensions, composition, colours, materials and form of the sign/structure.

Following a review of the area, it is evident that some progress has been made in relation to the removal of poor quality advertising structures. The following advertising signs are now designated for removal;

Bailey’s - 3rd - 5th Floor Level – 34 Bachelor’s Walk/56 O’Connell Street Lower. Internally illuminated group mounted plastic signs - no relationship to the buildings or to the area. The scale and dimensions of the structure are inconsistent with the character of the Architectural Conservation Area and the proposed Area of Special Planning Control and almost totally obscure the upper floors of the buildings. Its prominent location at the main entrance to O’Connell Street from the south city seriously detracts from the visual character of the area. The bare rusting support frame is all that remains on the O Connell Street side – and this is considered visually obtrusive.

Windsor Motor Hire – 3rd – 5th Floor Level - 33 Bachelor’s Walk – group mounted neon tube lettering – no relationship to the buildings or area. The scale and dimensions and design of advertisement structure are out of keeping with the historic character of the area and its form significantly disrupts the composition of the upper floors of the building on which it is mounted. Its prominent location at the main entrance to O’Connell Street from the south city seriously detracts from the visual character of the area.

Canberra Trivision Advertising Hoarding – 1st Floor Level – 34 Bachelor’s Walk – no relationship to the building or to the area. The advertisement structure obscures part of the first-floor windows and detracts from the character of the building. Its prominent

Key Objective 4); The control of advertisement structures and the exhibition of advertisements.

17

location at the main entrance to O’Connell Street from the south city seriously detracts from the visual character of the area.

Irish Nationwide – between 1st and 2nd floors and 4th and 5th floors - 1 Lower O’Connell Street - internally illuminated and individually mounted lettering. Although the structure has a clear relationship with the use of the building, the size, position and materials and use of internally illuminated lettering detract from this protected structure including the fenestration and stone finishes. Its prominent location at the main entrance to O’Connell Street from the south city seriously detracts from the visual character of the area.

Jameson’s – 1st – 2nd floor – 108 Marlborough Street – projecting internally illuminated plastic figure. This advertisement structure is displayed at a prominent location at the junction of Marlborough Street and Abbey Street. Its scale, dimensions, form, materials and illumination do not respect the architectural character of the area. Its relation to the use of the building (a public house) is considered marginal, as the sign advertises a brand rather than any service or product specific to the area.

Between ground and 1st floor - 67 Upper O'Connell Street ( Funland Amusements) ; mounted neon lettering – advertisement structure related to use of building (‘kodak one hour photos’) The scale, dimensions and location of the advertisement structure detract from the building and adjoining structures and it is considered to be inappropriate and injurious to the character of the area. Secondly ; Advertising affixed to glazing at first floor level as this degrades the façade of the building and obstructs the large area of glazing.

Ambassador building (former Cinema) –Parnell Street – large fascia board. The plastic fascia board displayed on this building is not in keeping with the architectural character of this very important protected structure and obscures the stone parapet wall above the main entrance. Furthermore, due to the visual prominence of this building that terminates the axial vista starting at O’Connell Bridge, the display of such a large and insensitive structure is detrimental to the visual and architectural character of the surrounding area.

Two Advertisement Panels – gable wall – 145 Parnell Street (North Great George’s Street) – no relationship to use of building. These advertisement structures are displayed in a very prominent location at the entry point both to the O’Connell Street Architectural Conservation Area and to North Great George’s Street – one of the finest Georgian streets in the city. The presence of these two panels at this very sensitive location detracts from the architectural character of the two streets in question.

Marlborough Hostel ; 81/82 Marlborough Street ; 2 wall mounted vertical signs and also flags and related fittings to be removed . Both wall mounted banner type signs are in appropriate in design and excessive in scale . They detract from the appearance of the façade. The flags and fittings are overdominant.

4.2 New Advertisement Structures

It is an objective to ensure that all new advertisement structures erected in the area are well designed. Dublin City Council will permit only advertisements which are designed sensitively and which will enhance the appearance and vitality of the area.

To ensure the implementation of this objective, the following development control standards will be applied to advertisement structures: -

• All advertisement structures displayed at ground floor level for ground and upper floor uses must relate solely to the authorised uses in the building and be provided as an integral part of the overall design of a shop front.

• Advertisements and signs relating to uses above ground floor level should generally be provided at the entrance to the upper floors, in a form and design which does not

18

detract from, or impinge upon the integrity of the ground floor shopfronts or other original elevational features of the building.

• The colours used on any advertisement structures or signs will be required to respect the prevalence of tertiary colours established by the building materials of the buildings in the area. Substantial areas of bright or garish colours will not be allowed as the background of any sign. More prominent colours may be used on individual lettering.

• The provision of any additional advertisement panels, signage or advertising features at or above ground floor level on the facades or gables of buildings will not be permitted.

• Banner type signs and advertising sheeting covering any façade or part of a façade of a building is not acceptable.

• The provision of temporary advertisement structures on or projecting from any part of the façade or gable of a building or hung between buildings will not be permitted.

• The provision of lettering on upper floor windows for the upper floor uses should not exceed 25% of the glazed area (measured as a rectangle enclosing all letters). The remaining window area shall be clear glazing. The obscuring of the main façade windows at any level will not be permitted.

• Internally illuminated signs including box signs, illuminated scrolling signs, digital signs or signs using exposed neon tubing will not generally be permitted either on fascia board, shopfront, the façade (s) of a building or internally behind the glazing or shopfronts.

Part 5 The Built Fabric

5.1 General

The historic buildings in the area have been subjected to continual change and evolution over the years. The City Council is committed to promoting the continued beneficial use and maintenance of these buildings in order to prolong their life and ensure their future preservation. The emphasis will be placed on the ongoing care, maintenance and protection of the built fabric, as well as on finding new and compatible new uses where required. This is vital to the health and preservation of old buildings and to the improvement of the appearance of the streetscape.

Preliminary external surveys indicate that there is an issue with the maintenance and care of the historic fabric throughout the O’Connell Street area. This issue is of particular concern as it is this fabric that defines the character and the quality of the O’Connell Street Architectural Conservation Area. In certain areas within the SPCS physical deterioration of the built fabric is visible, which has in turn led to a decline in the economic value of buildings. If this issue is not addressed, it may lead to dereliction and to the irreversible loss of the physical fabric of this area. In order to protect the essential architectural character of this fabric, owners/occupiers of buildings in the area are advised to observe the following general guidelines. In

Key Objective (5): To secure the retention of the historic fabric of the area.

19

relation to more specific matters, they are advised to consult and comply with the O’Connell Street Architectural Conservation Area Plan.

5.2 Works to the Exteriors of Non-Protected Structures

• Original architectural features such as mouldings/cornices and window architraves, front doors, front boundary railings and ornamental ironwork should be retained or where appropriate reinstated or restored. All brickwork and stonework, pointing and rendering should be regularly maintained. Painting brick or stonework is unacceptable.

• Windows, in particular front windows, should be retained or where appropriate reinstated or restored. When replacing front windows on non–protected structures, the original timber/metal window design should be copied taking particular care that the detailing of frames and glazing bars are exact facsimiles and that the windows are set at the same depth within the window openings as the originals. Modern UPVC or aluminium windows will not be acceptable.

5.2 Works to the Interiors of Non-Protected Structures

• Interior joinery and fittings and decorative plasterwork should be retained or where appropriate reinstated or restored.

5.4 Change of Use of Non-Protected Structures

• Any change of use proposed must be compatible with the architectural and civic character of the building and surrounding area. In considering proposals for a change of use, the emphasis will be placed on the adaptation of uses to buildings rather than the other way around, in order to protect and preserve the original layout and internal features of buildings. To achieve this objective, it may be necessary to consider more sympathetic and long term approaches to the conversion of historic buildings.

5.5 The Architectural Conservation Area Plan

As already stated, the Architectural Conservation Area Plan introduces general controls over works to the exteriors of non-protected buildings. These controls will continue to apply as follows:

All works to the exterior of non-protected buildings that are not consistent with the external appearance of these buildings, the neighbouring buildings and with the character of the architectural conservation area will require planning permission. This will mean, in effect, that most works to the exterior of any building or structure in the proposed Architectural Conservation Area will require a specific grant of planning permission. These “works” are defined in Part D of the Architectural Conservation Area Plan.

All changes and alterations to architectural features of merit on the main façades of non-protected buildings or structures and identified in the Architectural Conservation Area Plan will require planning permission. These architectural features are listed and described in Appendix 2 of the Architectural Conservation Area Plan.

5.6 Protected Structures

20

Under the Planning and Development Acts, 2000 and 2002, planning permission is required for all works that would materially affect the character of a structure that is included on the Record of Protected Structures or any element of the structure that contributes to its special interest.

An owner / occupier may request Dublin City Council to issue a declaration indicating what works would or would not materially affect the character of the structure or any element thereof.

5.7 Section 59/60 of the Planning and Development Act 2000

Owners and occupiers of protected structures now have certain legal duties to ensure that their structure or any part of the structure does not become endangered either by neglect or damage caused by direct or indirect means. Under Section 59 of the Local Government (Planning and Development) Act 2000, a planning authority may require an owner or occupier of a protected structure to carry out works to prevent the structure from becoming or continuing to be endangered. Under Section 60 of the same act, the planning authority may require an owner or occupier of a protected structure or a structure in an architectural conservation area to restore the structure or element including the removal or alteration of any advertisement structure.

The provisions of the Local Government (Planning and Development) Act 2000 & 2002 will be used to safeguard endangered buildings and to seek the restoration of specified structures. Part 6 The Public Realm

In accordance with the Dublin City Development Plan 2005-2011, it is recognised that Dublin City centre must provide a high quality environment if it is to continue to be a place where people wish to come. Greater consideration of design will help to improve this. The quality of the O’Connell Street SPCS environment is important for continuing prosperity and enhancement. Since the O’Connell Street Integrated Area Plan has been implemented, the public realm in and around O’Connell Street has been considerably improved. It is essential that this scheme promotes further public realm enhancement in the area, therefore the following standards will be applied to proposals for any public realm improvements in the area:

All providers proposing any undertaking consisting of the laying underground or repair or maintenance of mains, pipes, cables or other apparatus in relation to electricity, gas, telecommunications, drainage or water are required to undertake that permanent reinstatement work to the street be carried out under the direction of and to the specification of Dublin City Council, Roads and Streets Department, at the expense of the service provider. These permanent reinstatement works, which will follow on from a temporary

Key Objective (6): To promote high quality and inclusive design to improve the quality of the public realm and open spaces

21

reinstatement of the street surface by the service provider, will be carried out by a specialist contractor nominated and approved by Dublin City Council. Paving patterns and structural integrity of the natural stone pavement and carriageway will determine the extent of the permanent reinstatement area, which may be significantly greater than the net area of excavation.

Service providers carrying out these types of works in the area of new paving or carriageway construction will in addition be required to pay monies to Dublin City Council relating to permanent damage to the integrity of the pavement structure.

Street furniture will require either a licence under Section 254 of the Planning and Development Acts, 2000 to 2006 or planning permission (including street furniture erected on private landings)

No merchandising or products shall be displayed on the public footpath or outside the premises (see part 4 of this document in relation to advertising structures)

22

Appendix 1 Definitions

Amusement Arcade

A building or part thereof, used for the playing of gaming machines, video games or other amusement machines. It may also include a bowling alley, quasar complex, pool or snooker hall, or indoor children’s play centre.

Bookstore

An outlet that primarily sells books as well as related items such as newspapers and maps.

Bookmakers / Betting shop

Premises for the time being registered in the register of bookmaking offices kept by the Revenue Commissioners under the Betting Act, 1931 (No. 27 of 1931)

Catalogue shop

Primary means of displaying goods to customers is via a catalogue. Goods are stored back of shop. Customers can browse through the catalogue, select items to buy, pay for items and then collect the items from a counter in store or request home delivery.

Comparison Goods

Examples of such goods are clothing and footwear, furniture furnishings and household equipment (excluding non-durable foods) medical and pharmaceutical products, therapeutic appliances and equipment, educational and recreational equipment and accessories, books, newspapers and magazines, goods for personal care and goods not elsewhere classified.

Convenience Goods

Examples of such goods are food, alcoholic and non-alcoholic beverages, tobacco, and nondurable household goods.

Cosmetics / beauty products

An outlet that sells skin & hair care products; make up, fragrance and other associated accessories.

Discount Shop / End of lines / Closing down/ Sales outlets

An outlet that sells reduced items, discontinued lines for an extended periods beyond and outside the normal sales period.

Estate Agent

Agency selling and renting property, showcasing property schemes and in some cases (International property agents) providing travel agency services to visit the properties.

Fast food outlet

An outlet that sells hot and cold food and drinks – packaged and wrapped without waiter service for consumption on the premises.

Flagship Store

Larger than life statement about the Retailer Company and brand, size, location and prestige image to influence the consumer.

Hairdresser

A shop where washing, cutting, styling, etc of hair takes place.

Health Food shops

An outlet that sells an extensive selection of organic produce, grocery, dairy, and bulk foods and herbs, as well as vitamins, slimming / detox products, sports supplements and homeopathics, cruelty-free body care / hair care, and aromatherapy products.

23

Higher order goods and lower order goods

Goods are classed on a relative scale from lower order to higher order goods. Lower order goods are those goods, which consumers need frequently and therefore are willing to travel only short distances for them. Higher order goods are needed less frequently so consumers are willing to travel further for them. These longer trips are usually undertaken for not only purchasing purposes but other activities as well. (Brian J.L.Berry 1966)

Launderette or dry cleaners

Self-service laundry or service washes and dry cleaning of clothing.

Lifestyle Stores

Specialist mini-department stores selling a co-ordinated lifestyle eg. Urban Outfitters

Mobile Phone Shop and related goods

An outlet that sells mobile phones, mobile phone accessories and related goods.

Mortgage Store / Financial institution

The provision of financial services where the services are provided principally to visiting members of the public.

Newsagents / Convenience store

A retail outlet which sells a range of goods including confectionary, soft drinks, cigarettes, newspapers and magazines, fresh and packaged foods.

Niche

An outlet catering for a restricted target market segment as focused retailing with differentiation.

Off-licences

A retail outlet or part of a retail outlet that sells intoxicating liquor for consumption off the premises, including wines, spirits and beers.

Pharmacy

A retail outlet that sells prescription and non-prescription drugs as well as a range of healthcare and beauty products.

Phone call centre / Internet café

An outlet where the service is principally to visiting members of the public and consists of the provision of access to online computer services including the internet and email, with or without (limited or otherwise) restaurant facilities.

Sex shop

A retail outlet, which inter alia rents or presents for viewing sexually explicit printed material or films including videos, clothing, sex aids and toys.

Souvenir shops

An outlet selling mainly memorabilia, for example shirts, hats, pins, toys and books.

Stationary / card shops

An outlet selling stationary and cards.

Supermarket

A retail outlet selling mainly food, but also on occasions confectionary, soft drinks, cigarettes, newspapers and magazines and alcohol.

Take-away

An outlet that sells hot food for consumption off the premises

24

Travel Agents

A travel agency is a business that sells travel related products and services to customers on behalf of third party travel suppliers such as airlines, hotels and cruise lines.

Wine Shops

A retail outlet or part of a retail outlet that sells wine.

Appendix 2 Complementary Non-Retail Uses In recognition of the added dynamism and interest that some non retail uses can bring to a retail quarter certain complementary uses will be encouraged to locate in the area. These uses will include cafés, restaurants (excluding fast food outlets – see definition) and bars. Strict controls will be applied when considering proposals for these uses in order to achieve an even spread of such uses and to prevent them from dominating any street frontage

The following factors will be taken into account in the assessment of development proposals for these uses:

a) The effect of the introduction or extension of one of these uses on the character of the street frontage and the level of shopping provision, taking into account both the current levels of non-retail use and the current levels of the specified use already established within each individual street block. The Planning Authority will seek to ensure that any proposed development would not result in:

– an extent of ground floor non-retail frontage which would, in the opinion of the Planning Authority , dominate either the block or the street.

– the merging of two or more units or buildings into one unit or building at ground and/or upper floor level through the demolition of dividing walls or the provision of interconnecting doors or entrance ways

– the non-retail use being over dominant by virtue of its size, location or relationship to other uses.

b) The effect of the proposed development on the amenities of the area and

whether it would have a positive or negative impact on the Architectural Conservation Area or the protected structure.

c) The effect of the proposed development on overhead/adjacent residential

accommodation, with particular regard to the cumulative level of noise, disturbance and smells caused by the specified uses that would be detrimental to the residential amenity of those properties.

(d) The effect of the proposed use on the interior of the structure, including the potential damage to, or loss of, internal features or fittings which are considered to be worthy of retention.

Land uses that do not satisfy the above factors will not be permitted.

25

Appendix 3 Environmental Assessment

An assessment of the likely significant effects of implementing the scheme on the environment is required under section 84 (5) of the Planning and Development Acts 2000 to 2008. A formal “Screening” is required under the Planning and Development Regulations to determine whether the scheme would be likely to have significant effects on the environment. A Screening involves formal consideration of:

The Characteristics of the Plan; and

The Characteristics of the environmental effects of the plan and the Area likely to be affected.

Having completed a Screening with regard to the EU Strategic Environmental Assessment Directive (2001/42/EC) and the Guidelines for Regional Authorities and Planning Authorities (November 2004) from the Department of the Environment, Heritage and Local Government, Dublin City Council has determined that an SEA is not required for the proposed amendments to the Special Planning Control Scheme for O’ Connell Street Architectural Conservation Area.

This decision is based on the area of lands directly affected by the scheme and on the magnitude and spatial extent of the likely impact of the scheme, which are deemed not to be significant.

The proposed amendments to the Special Planning Control Scheme are considered to be positive changes to the planning policy framework for the area and for the city as a whole, and overall are considered to have a positive impact on the environment.

The prescribed bodies were notified of this determination and no objection was received within the prescribed period.