3691/21
PROTECTED STRUCTURE: Permission to amend the apartment development permitted under DCC Reg. Ref. 2186/15 (An Bord Pleanala Ref: PL 29S.245164), as extended under 2186/15/X1 and as amended by DCC Reg. Ref. 2825/17 (An Bord Pleanala Ref. 300031-17), DCC Reg. Ref. 3781/17 (An Bord Pleanala Ref. 301600-18), DCC Reg. Ref. 4040/17 (An Bord Pleanala Ref. 301835-18), DCC Reg. Ref. 4544/17. The application site includes Protected Structure RPS Ref. No. 3583. There is no increase in gross floor area for the overall site. The overall site area is 1.7ha. The development is now constructed. The proposed development to change the use of one of two community rooms at ground floor in Block 8 (formerly Block J) to use as a studio apartment. The gross floor space of the existing community room is 50.2 square metres and the gross floor space of the proposed studio apartment is 40 square metres square, with associated winter garden, at the former St. Clare's Convent and No's 115-119, Harold's Cross Road, Harold's Cross, Dublin 6. The proposed development will include minor elevational amendments to the western elevation of Block 8 to provide for the winter garden and window frames to match the existing, and the provision of 1 no. additional bicycle space at basement level. The proposed development will provide for a unit mix of 1 no. studio apartment, 6 no.one bedroom apartments and 6 no. two bedroom apartments within Block 8. An additional bicycle space will be provided in the basement.
Core Refusal Reason
While the Planning Authority refused permission due to the loss of communal amenity space and concerns over residential quality, the Inspector recommended a grant of permission on appeal, concluding that the proposed studio apartment meets all national standards and the reduction in communal space is negligible given the extensive facilities provided elsewhere in the development.
Decision Maker's Conclusion
- The proposed studio apartment (40sqm) exceeds the minimum floor area of 37sqm and the ceiling height requirements (3.1m provided vs 2.7m required) as set out in the 2020 Apartment Guidelines.
- The loss of 50.2sqm of internal communal space represents only a c. 7% reduction in the overall scheme's provision, which remains exceptionally high (667sqm total) and sufficient to serve the 221-unit development.
- Technical assessments for daylight, sunlight, and noise demonstrate that the unit will provide an acceptable standard of residential amenity for future occupants despite its ground-floor, street-front location.
Cited Policies (CDP)
Decision Document Summary
The application seeks permission to change the use of an unoccupied community room to a studio apartment within Block 8 of a recently completed residential development at the former St. Clare's Convent, Harold's Cross. Dublin City Council refused the application, arguing the applicant failed to justify the loss of communal space and that the unit would be injurious to the streetscape. The Inspector reversed this view, noting that the wider scheme provides significant communal facilities in the '...PDF Document Missing
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View the appeal at An Bord Pleanála