3902/24

PERMISSION : The development will consist of: (i) demolition of existing three-storey commercial building; (ii) construction of a mixed-use development comprising 2 no. blocks, each with partial sedum roof and 4 no. rooflights, (Block A is three-storey over basement with set-back third floor level & Block B three storey over basement level with set-back fourth/fifth floor levels) which together accommodate 25 no. residential apartments (7 no. studio, 10 no. one bedroom & 8 no. two-bedroom - each served by private balcony/courtyard) and 1 no. commercial unit (77 sq.m); (iii) provision of refuse store, loading bay, storage lockers (26 no.), vehicular parking spaces (2 no.), bicycle parking spaces (49 no.) and bicyle servicing area at street/basement level; (iv) provision of communal amenity space (219 sq.m) and general planting at ground floor level; and, (v) all ancillary works inclusive of boundary treatments, visitor bicyle parking spaces (8 No. planting and SuDS, necessary to facilitate the development.

Refused

Core Refusal Reason

The proposed development represents overdevelopment of a constrained brownfield site, characterized by excessive density and height that are out of character with the existing two-to-three-storey context, resulting in significant overbearance and overlooking of adjacent residential properties and a failure to provide active street frontage.

Decision Maker's Conclusion

  • The proposed density (251.79 dph in the revised scheme) significantly exceeds the 60-150 dph range set out for Urban Villages in the Dublin City Development Plan, constituting a material contravention of Appendix 3.
  • The positioning and height of both blocks would result in unacceptable overbearing impacts and a loss of privacy for residents on Merville Avenue and Fairview Avenue Lower, exacerbated by inadequate separation distances.
  • Locating the commercial unit at basement level is contrary to Policy CCUV23, as it fails to provide the active street-level frontage and animation required to maintain the vitality of an Urban Village.

Cited Policies (CDP)

Zoning Objective Z4Appendix 3 (Achieving Sustainable Compact Growth)Section 3.2 (Density)Table 1 (Density Ranges)Table 3 (Performance Criteria)Policy SC17 (Building Height)Policy CCUV23 (Active Uses)Section 15.9.5 (Lift, Stair Cores)Section 15.9.8 (Communal Amenity Space)Policy SC5 (Urban Design)Policy SC10 (Urban Density)Policy SC11 (Compact Growth)Policy SC14 (Building Height Strategy)Policy SC19 (High Quality Architecture)

Decision Document Summary

This report evaluates a first-party appeal against Dublin City Council's refusal of a mixed-use scheme at 45-47 Fairview Avenue Lower. The project proposed the demolition of a three-storey commercial building for a residential-led development. While the applicant submitted a revised design at appeal—reducing the unit count from 25 to 21 and lowering Block B from six to four storeys—the Inspector remains of the view that the proposal constitutes overdevelopment. The site is a constrained brownfie...
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