2427/21

PROTECTED STRUCTURE: Planning for the development will consist of (i) removal of existing vehicular entrance gate off Fitzgibbon Street and demolition of two-storey commercial structure comprising former workshop/service garage and an adjoining derelict two storey dwelling which is bound to the south-east by an existing two-storey derelict structure situated within the grounds of No. 46 Charles Street Great (A Protected Structure - RPS No. 1371); (ii) construction of a five-storey flat/green-roofed apartment block served by 1 no. rooflights and comprising 19 no. units (1 no. studio, 14 no. one-bedroom units and 4 no. two-bedroom units) with each unit provided private amenity space, in the form of balcony and having access to communal amenity space (158sqm) at ground level. The development is to be served by 4 no. vehicular parking spaces 32 no. bicycle parking spaces and covered bin storage located within shared access yard accessible via a new vehicular entrance gate, of width 3.85m, off Fitzgibbon Street. The proposal also includes all ancillary works, inclusive of landscaping and SuDS drainage, necessary to facilitate the development.

Granted

Core Planning Reasoning

The Inspector recommended the removal of Condition 5(a), thereby granting the full five-storey height, as the development is located in a central, accessible urban area where national and local policies support increased density and height, provided that the scale remains compatible with the surrounding context and does not negatively impact residential amenity.

Decision Maker's Conclusion

  • The proposed five-storey height (c. 15m) is significantly below the Development Plan limit of 24m for the inner city and is consistent with the scale of larger surrounding buildings like the Fitzgibbon Street Garda Station.
  • The development will not result in significant or unacceptable impacts regarding overshadowing, overlooking, or overbearing effects on the neighboring properties along Emmet Street and Fitzgibbon Street.
  • The proposed design appropriately integrates into the character of the area and would not detract from the setting of nearby Protected Structures or the Z2 Conservation Area, meaning the omission of a floor is not warranted.

Cited Policies (CDP)

Z1 Sustainable Residential NeighbourhoodsSection 4.5.3.1Chapter 5Chapter 16Section 16.2Section 16.2.2.2Section 16.10.8Section 16.7.2Section 16.4

Decision Document Summary

The proposal involves the demolition of existing commercial and derelict structures on a backland site to the rear of Fitzgibbon Street and Emmet Street, Dublin 1, to facilitate a five-storey apartment block (revised to 18 units). While Dublin City Council granted permission, they imposed a condition (5a) requiring the omission of one full storey to protect visual amenities. The Inspector's assessment focused on the first-party appeal against this condition. Key arguments highlight that the site...
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