3629/22
Permission for the erection of a sign related to the multi-occupancy unit at ground floor level at the 'Build to Rent' residential apartment development at No. 3 Poplar Row with service access on Annesley Place, Ballybough, Dublin 3, as required by condition No. 9 attached to the grant of permission for Planning Register Reference No: 3900/18 and for the removal of Conditions Nos. 2 and 3, which relate to the payment of development and special contributions under Section 48 (1) and Section 48 (2) (c) respectively, of the Planning and Development Act 2000, as amended, attached to the aforementioned grant of permission.
Core Reason for the Refused Part
The development comprises a private Build-to-Rent scheme that remains in private ownership and does not meet the specific definitions of social housing under Section 11 of the Dublin City Development Contribution Scheme 2020-2023, thus it is not exempt from Section 48 development contributions or public open space levies.
Decision Maker's Conclusion
- The development remains in private ownership and can revert to private residential use at the end of the lease period, meaning it does not form part of the city's permanent social housing stock.
- The scheme does not fall under the specific exemption categories (Part V, voluntary housing body, or affordable dwelling arrangements) required to waive development contributions.
- A financial contribution in lieu of public open space is necessary and appropriate as the permitted development provides no on-site public open space while benefiting from existing local public infrastructure.
Cited Policies (CDP)
Decision Document Summary
The applicant sought to remove two conditions from a parent permission (Reg. Ref. 3900/18) for a 39-unit Build-to-Rent scheme at 3 Poplar Row, Dublin 3. Condition 2 required a Section 48 contribution of €93,458.88, and Condition 3 required a €4,000 per unit levy in lieu of public open space. The applicant argued that a long-term lease agreement with Dublin City Council for social housing use should exempt them from these payments, citing the 'Stoneybatter precedent'. The Planning Authority issue...PDF Document Missing
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View the appeal at An Bord Pleanála