3029/23
The application site also fronts Montague Court and Protestant Row. This application seeks amendents to the development permitted and under construction under Reg. Ref. 2142/20, as amended by Reg. Ref. 3507/20 (ABP-308961-20). The proposed amendments consist of the following: (i) Provision of a fire escape corridor, with new fire exit on to Montague Lane, and associated alterations to the lightwells at street level; (ii) Revised public realm works; (iii) Associted revisions to internal layout and eastern elevation; (iv) The amendments provide for a reduction in gross floor area to the permitted scheme of 7.6 sq.m. with an overall proposed GFA of 5,202.4 sq.m.
Core Refusal Reason
The proposed re-profiling of the public road at Montague Court to facilitate site access is technically non-compliant, negatively impacts pedestrian safety, and lacks sufficient evidence regarding impacts on third-party lands.
Decision Maker's Conclusion
- The proposed level changes to Montague Court would negatively impact the public road and pedestrian access, necessitating a full road reconstruction that was not sufficiently justified.
- The applicant failed to demonstrate that the proposed re-profiling would not have an adverse impact on adjoining third-party land and property.
- The works contravene the technical standards set out in the Dublin City Development Plan 2022-2028 and the Construction Standards for Road and Street Works, setting an undesirable precedent.
Cited Policies (CDP)
Decision Document Summary
The application sought permission for re-profiling and level changes to Montague Court to facilitate level access for a development at 45-47 Cuffe Street, Dublin 2. Dublin City Council refused the application because the proposed modifications to the public road would negatively affect pedestrian safety and infrastructure. Furthermore, the proposal failed to meet technical construction standards or prove it would not harm neighboring lands, making it contrary to the proper planning and sustainab...PDF Document Missing
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