An Bord Pleanála has granted planning permission to Cairn Homes for a €345 million 608-unit apartment scheme for former RTÉ lands at Donnybrook in Dublin.
However, in a split decision, the appeals board has refused planning permission for the ‘landmark’ 16-storey high tower component of the scheme that was to include a 192 bedroom hotel and 80 apartments.
The appeals board inspector, Rónán O’Connor, had recommended that planning permission be granted for the entire development comprising 688 apartments and the hotel.
However, the board order has explained that in not accepting its inspector’s recommendation to grant planning permission in full, it states that the proposed landmark building is located within an area not specifically designated for landmark/tall buildings where there is a general presumption against such buildings.
The board stated that in relation to the specific siting and design of the 16-storey-high tower, the board did not consider that the design proposed provides a compelling architectural and urban design rationale which would facilitate the consideration of exceptional circumstances.
The scheme is to be built across the remaining nine blocks ranging from two to 10 storeys in height.
The original scheme comprised 416 built-to-rent apartments and 272 'build-to-sell' units.
The grant of the 10-year planning permission comes six years after Cairn Homes purchased the lands from RTÉ for €107.5 million in 2017.
The application is made under the Large Scale Residential Development (LRD) procedure and is Cairn Homes's second attempt to build on the lands.
A previous planning permission granted by An Bord Pleanála was quashed by the High Court arising from an action taken by three Ailesbury Road residents, Chris Comerford, John Gleeson and Pat Desmond.
The current application came before An Bord Pleanála after six third-party appeals were lodged against the decision by Dublin City Council to grant planning permission for the entire scheme last December.
The appellants included the wife of billionaire Dermot Desmond, Pat Desmond, and Ailesbury Road neighbours in Dublin 4, along with the Republic of Austria, which has its embassy on Ailesbury Road.
'Housing need'
In his conclusions, board inspector Mr O’Connor concluded that the proposed development would result "in a significant contribution to the housing stock, in a time of housing need".
He said: "The provision of a development of the nature and scale of proposed development at this location is desirable having regard to its location on a main thoroughfare into the city, close to Donnybrook Village, and within 3.5km of the city centre.
Mr O’Connor also concluded that the scale of development is appropriate due to the site’s proximity "to high, frequency, high capacity bus services, and having regard to the existing pedestrian and cycle infrastructure facilities".
Mr O'Connor said he was satisfied that "the height, bulk and massing, detailed design and layout of the scheme are acceptable, and that furthermore, the proposed development would result in significant positive impacts on visual amenity of the area, when viewed from particular locations, and would result in significant positive impacts on architectural heritage".
Mr O'Connor also said the scheme complies with the additional ‘exceptional circumstances’ criteria that apply to taller landmark buildings proposed on sites such as this one.
He said: "The future occupiers of the scheme will also benefit from a high standard of internal amenity."
Ms Desmond made a joint appeal with her neighbours on Ailesbury Road, Chris Comerford and John and Imelda Gleason.
On behalf of the four, Ken Kennedy Solicitors told the appeals board that his clients were concerned that owing to the scale and height of the proposed development, it will negatively impact on the private amenity and enjoyment of their properties, which are all protected structures and private homes.
Austrian embassy
In its appeal on behalf of the Republic of Austria, planning consultants Manahan Planners said it was likely given the sensitive nature of business and security of the Austrian ambassador’s office and residence at Ailesbury Road, that the impacts of the scheme are so great that An Bord Pleanála should overturn the grant of permission – or radically reduce the proposed height and density of the proposal.
The Austrian Embassy is located at 6 Ailesbury Road while the ambassador's residence is at a separate address on the road.
In the appeal, Tony Manahan pointed out that the rear garden of the ambassador’s residence "will be overlooked by the proposed development and accordingly it creates security and privacy concerns given there will be other members of the diplomatic community and dignitaries in attendance at events in the garden.
Others to have lodged appeals were Brian and Orla Murphy of Stillorgan Road, Donnybrook; Sharon Mullin of Stillorgan Road, Donnybrook; and the Anglesea Road, Ailesbury Drive and Ailesbury Grove Residents Association (ARADAG).
The Ailesbury Apartments Management Co Ltd appealed against two conditions attached to the permission.
Planning documentation lodged with the LRD application shows that in compliance with its Part V social housing obligations, Cairn confirmed that it will sell 10 per cent of the apartments to Dublin City Council for social housing.
The indicative costs of the apartments to be sold range from €683,100 for a three-bed to the cheapest at €495,001 for a one-bed apartment.
Cairn put an indicative price tag of €653,643 on a number of the two-bed apartments while the average cost of an apartment in the proposed Part V deal with the council is €567,355.
Cairn Homes and Dublin City Council can now enter negotiations on a final price for the apartments now that planning permission has been granted.
Cairn Homes has been contacted for comment.
