Proposed nursing home in Tullamore - two fire safety conditions should be deleted say Bord Pleanala
''...the proposed building meets the relevant requirements,'' the inspector said
AN An Bord Pleanala inspector has recommended that the Building Control Authority [BCA] should be directed to remove two conditions from a Fire Safety Certificate granted for the construction of a three storey nursing home at Arden Road, in Tullamore.
The appeal for the removal of the conditions was made by Eamonn Power of Whitebox Property Development
The three storey, nursing home was given planning approval in May of 2021 and is to be located on the Arden Road, adjacent to Arden Lane in Tullamore.
The complex will comprise of a 90-bed, nursing home, 77 residential units and a stand-alone, coffee shop. The residential units will include two-storey apartment blocks, terraced housing and bungalows. The development will be known as 'The Arden Crescent.'
According to Whitebox Developments the units will consist of one and two bedroom apartments for the elderly or persons with increased mobility needs. The two to three bed family homes are in bungalows and two storey configurations.
A new road and pedestrian access approximately 83m long from the existing roundabout and spur road at Arden road (R421) also forms part of the overall plan.
Offaly County Council granted permission for the fire certificate on June 13, 2023, subject to a number of conditions. The appeal related to condition 1 and 2.
Condition 1 was that stairs 1,2, and 3 were to be provided with dry riser inlet valves to the front and rear of the building. The inlet valves were to be located, installed, signposted and maintained in accordance with building regulations.
Condition 2 was to provide a sprinkler system in accordance with regulations. A category 3 sprinkler system for domestic and residential occupancies was also to be installed.
The appellant stated that the imposition of Condition 2 would render the project financially unviable as in addition to the capital costs, to facilitate the inclusion of a sprinkler system at this stage would require a complete redesign of the current building including additional service cavities, an increase in overall building height and associated planning permission implications.
The Bord Pleanala Inspector said the BCA had been unreasonable in looking for measures that were in addition to those required by TGD [Technical Guidance Documents].
The Board inspector concluded that it was ''accepted that evidence of compliance with the relevant technical guidance document will, prima facie, indicate compliance with building regulations and that there was no justification to attach Condition 1 and Condition 2 to the granted Fire Safety Certificate. ''The BCA should be directed to remove Condition 1 and Condition 2 from the granted FSC,'' the inspector recommended.
The Board agreed with its inspector, adding that it was considered that any additional measures required by the BCA to those required by the TGD – Fire Safety, were not necessary and there was no justification to attach the conditions to the decision of the local planning authority.
According to Whitebox Developments, ''The Arden Crescent community will also have an outdoor play area, and an outdoor space suitable for large community gatherings. The family housing area will contain a centrally located family park that is easily accessible to all families. The homes will have a contemporary design and finish with warm brick facades and landscaped areas built into the community. The development is designed to seamlessly integrate the housing and apartments with the surrounding landscape.''