4029/24

The proposed development comprises site clearance works, including the demolition of all existing buildings /structures on site, including the existing boundary wall and gates along the Thomas Street frontage, and the construction of a new Part 3-; Part 4-; Part 6- and Part 7- storey Aparthotel building over basement level with a total Gross Floor Area (GIA) of 6,790 sq.m together with the formation of a new vehicular access ramp (with integrated bicycle lane) off Thomas Street leading to basement level. The basement level will accommodate 16 no. cycle parking spaces; staff changing-rooms/showers; a service yard and ancillary plant and storage rooms; waste/refuse storage; ancillary gym for hotel guests and ancillary kitchen. Ground floor level will accommodate a reception area (222.9 sq.m) and café (156.6 sq.m) accessed off Thomas Street, and an ESB sub-station and switchroom. Aparthotel rooms / suites are provided at first to fifth floor level (93 no. self-contained/self-catering units). At sixth floor level, a public bar / event space (257.5 sq.m) with south facing roof terrace is provided. Other site works include the provision of hard and soft landscaping measures to ancillary amenity spaces. The proposed building incorporates sustainable drainage measures that includes green roofs and underground attenuation tank. Screened plant is provided at rooftop level.

Refused

Core Refusal Reason

The proposed development is located within a Zone of Archaeological Interest in the medieval core of the city, and the applicant failed to submit a Basement Impact Assessment or demonstrate 'exceptional circumstances' for the substantial excavation required, thereby conflicting with Policy BHA26 and Section 15.15.1.4 of the Dublin City Development Plan.

Decision Maker's Conclusion

  • The basement development is located within the Zone of Archaeological Interest for several recorded monuments and the 'Historic City' (RMP DU018-020), where there is a presumption against basement construction under the Dublin City Development Plan.
  • The absence of a Basement Impact Assessment precludes a comprehensive evaluation of the potential damage to in situ archaeological deposits and impacts on surface water management, which is particularly critical in the medieval core.
  • Although the revised appeal scheme successfully addressed initial concerns regarding building height and streetscape transition (reducing the proposal to 5/6 storeys), the fundamental policy breach regarding archaeological protection remains a mandatory ground for refusal.

Cited Policies (CDP)

Z5 City Centre ZoningPolicy BHA7 (Architectural Conservation Areas)Section 15.15.2.2 (Conservation Areas)Section 13.17 (SDRA 15 Liberties and Newmarket Square)Section 15.15.1.4 (Basements)Section 15.18.4 (Basement)Table 15-1 (Thresholds for Planning Applications)Policy BHA26 (Archaeological Heritage)Policy SC16 (Building Height Locations)Policy SC17 (Building Height)Appendix 3 (Building Height Strategy)Policy CEE28 (Hotels and Aparthotels)Objective CEEO1

Decision Document Summary

The proposal involves the demolition of existing structures and the construction of an aparthotel (93 units originally) on a 0.1872ha car park site at Thomas Street, Dublin 8. The site is situated in the Liberties, adjacent to 'The Masonry' (a regionally rated building) and within a high-sensitivity 'Zone of Archaeological Constraint'. While the Inspector found the aparthotel land use permissible and the revised appeal-stage height of 5-6 storeys broadly acceptable for the streetscape, the prima...
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Planning application 4029/24, Dublin City Council | Precedent.ie