WEB2664/24

(i) omission of existing recessed mezzanine floor areas atop third floor level and reinstatement of full fourth floor level; (ii) works to external elevations including paint removal and repairing of pointing on Middle Abbey Street elevation; and replacement of sand cement plaster with insulating lime plaster and increasing height of ground level window openings to North Lotts elevation; (iii) removal of existing internal staircases, relocation of entrance door to North Lotts, provision of new internal staircases and reconfiguration of internal floor plans through provision of new wall partitions; (iv) change of use of building from retail (at basement/ground floor level) and retail storage (at all above ground floor levels) to a mixed-use building comprising a commercial retail unit at basement floor level, a café at ground floor level and a tourist accommodation development (comprising 9 no. short-stay apartments) from ground to fourth floor level; and, (v) all ancillary works necessary to facilitate the development.

Split decision

Core Reason for the Refused Part

The Inspector recommended granting permission, overturning the Planning Authority's refusal, on the basis that the development is compatible with the Z5 zoning objective and does not result in a loss of existing residential stock as the building's established use was commercial (retail storage).

Decision Maker's Conclusion

  • Short-term tourist accommodation is compatible with the Z5 zoning objective and comparable to other permissible uses such as guesthouses, hostels, and hotels.
  • The proposal does not result in a loss of residential housing stock because the building has historically been in commercial use and is currently vacant.
  • The development represents a sustainable reuse of a long-term vacant NIAH listed building, which will contribute to the vitality and tourism infrastructure of the city centre.

Cited Policies (CDP)

Z5 Zoning ObjectiveSection 15.14Section 15.14.3 (Short Term Tourist Rental Accommodation)Policy QHSN6 (Urban Consolidation)Policy QHSN7 (Upper Floors)Policy QHSN38 (Housing and Apartment Mix)Policy CEE14 (Quality of Place)Policy CEE26 (Tourism in Dublin)Policy CEE28 (Visitor Accommodation)Policy CCU23 (Active Uses)Policy CCUV30 (Cafes/Restaurants)Policy BHA11 (Rehabilitation and Reuse of Existing Older Buildings)

Decision Document Summary

The applicant sought permission to convert a five-storey terraced building (NIAH Ref. 50010377) at 72 Middle Abbey Street from retail/storage use to a mixed-use building featuring a ground floor and basement café and nine short-term tourist apartments on the upper floors. Dublin City Council issued a split decision, granting the café but refusing the accommodation due to concerns regarding the impact on housing stock within a Rent Pressure Zone. Upon appeal, the Inspector recommended a full gran...
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