Clonkeen College, Clonkeen Road, Blackrock, Dublin, A94 P206
The works consist of the erection of approximately 300 metres of 5-foot-high, post-and-rail timber fencing (Figs 1, 6, 8, 9, 10) on the playing field of Clonkeen College in August 2019. The fence divided the playing field in the approximate ratio 2:1. making two-thirds of it (Proposed Sale Land, PSL) inaccessible and unusable for school use. The fence was erected to: • change the land use of the PSL from 'Institutional' (School Playing Field. Figs 2, 3, 4) to 'Unused'/'No longer in use'. The 'Unused' classification was used to describe the current land use of the PSL in an SHD planning application (ABP 31132021, Sept 2021) to build 299 apartments and creche on it. • discourage overwintering birds, such as Brent Geese and Curlew, from using the Clonkeen Playing Field for feeding. Over 600 Brent Geese were counted on the Playing Field in Feb. 2019 (Fig. 5). The grass on the PSL land remained uncut after the erection of the fence. The numbers of Brent Geese using the PSL declined dramatically in the winters of 2019 and 2020. The lower numbers were submitted in the SHD planning application referred to above. The erection of the fence has had an overwhelmingly negative effect on the functioning of the Playing Field as a school resource. Since Aug. 2019, Clonkeen College has not had a viable Playing Field for its Outdoor PE programme, a pitch for Gaelic Games, Soccer, Rugby, or a safe Athletics Track. The impossibility for the school of making adequate provision for its needs in all of these areas is well illustrated by contrasting the land use shown in Fig.3 (Pre¬Aug. 2019) and Fig. 7 (May 2023). ABP granted planning for the 299 apartments and creche in Dec 2021. The planning grant was quashed (October 2024.) following Judicial Review ( [2024] IEHC 186 Record No. 2022/148 JR). In her judgement, Judge Farrell states: '58. For the reasons set out above, at paras. 35-471 find that the relevant use is the established use of the lands at the time the Development Plan was made and came into effect - in this case, use as playing fields, by the school and the community. That use enures for the benefit of the lands and could not be altered by the erection of the fence, and/or the agreement to sell the lands to the developer'.