5510/22
The development will consist of the refurbishment and change of use of the upper floors of Nos. 38-39 Abbey Street from its permitted use as storage and office ancillary to the restaurant use, but currently in use as residential, to 8 no. short stay apartments comprising 4 no. studio apartments and 4 no. 1 bedroom apartments. A new access will be provided from Abbey Street Cottages, a new lightwell is proposed to the roof along with 6 no. windows to the south elevation, 2 at each of the first, second and third floors, and all ancillary site works and service connections.
Core Refusal Reason
The proposed development would result in the loss of residential units in a central location, which is contrary to Section 15.14.3 of the Dublin City Development Plan 2022-2028. Furthermore, the Inspector determined that because significant works subject to the appeal had already been completed under separate planning provisions, the Board was precluded from considering the application further.
Decision Maker's Conclusion
- The majority of the works and the change of use that are the subject of this application have already been carried out under separate planning permissions or exempted development notifications (S.I. 75 of 2022).
- The proposed change of use to short-term tourist accommodation would be contrary to Section 15.14.3 of the Development Plan, which presumes against the loss of long-term residential stock.
- The appeal should be dismissed in accordance with Section 138(b)(ii) of the Planning and Development Act, 2000, as the applicant cannot give effect to the development as described in the public notices.
Cited Policies (CDP)
Decision Document Summary
The proposal sought the refurbishment and change of use of upper floors at 38/39 Abbey Street Upper, Dublin 1, to create an 8-unit aparthotel. The site is located in the city center (Z5 zoning) near the Luas Red line and consists of a five-storey-over-basement building and a two-storey rear section. Dublin City Council originally refused permission due to the permanent loss of six apartment units, citing a conflict with the 2022-2028 Housing Strategy and Section 15.14.3 of the Development Plan. ...PDF Document Missing
The original decision document for this case could not be linked. This often happens for older cases or those with restricted documentation.
Search for case on ABP