4997/22

Permission for development at a site (c. 0.22 ha) at Mespil Court, Mespil Road & Burlington Road, Dublin 4, D04 E516. The site is generally bounded by buildings in office use at no. 40-42 Mespil Road to the east, Mespil Court office building to the south, no. 39 Mespil Road (Protected Structure) to the west, and by Mespil Road and Grand Canal to the North. The proposed development is a 4-storey mixed use building extension comprising: -A 2-storey, raised bridge, office use building extension, adjoining the 2nd and 3rd floors of the existing Mespil Court office building on its northwestern elevation; plant room at 1st floor and office core extending down to ground floor level (total GFA c. 721 sqm). -A 4-storey, over basement, mixed use building comprising: 1 no. cafe at ground floor and basement, with ancillary storage and staff welfare facilities at basement level (total GFA c.202 sqm) and associated external northern terrace at ground floor level; -3 no. 2-bedroom residential apartment units at 1st, 2nd and 3rd floors, each with associated balconies on the northern and southern facades; -Ancillary residential remote storage facilities at ground floor level and residential roof garden at 1st floor level. -All ancillary and associated site development, infrastructural, landscaping, site boundary and signage works, including: Basement plant room; Ground floor bicycle store (18no. spaces) and separate bin store; 4no. visitor bicycle spaces in front curtilage; New plant on roof of existing Mespil Court office building and at 1st floor residential roof garden level of proposed new building extension; Green sedum roof (c.280 sqm) over office bridge extension; Signage zones to northern and eastern ground floor elevations of cafe unit (c.12 sqm total), and totem sign (c.3 sqm) associated with office and residential uses within front curtilage adjacent to Mespil Road site boundary; Removal of existing boundary wall and railing fronting Mespil Road; and, insertion of new pedestrian access control gate to the eastern boundary pathway, south of the proposed cafe entrance.

Granted

Core Planning Reasoning

The proposed residential element (3 apartments) on lands zoned 'Z6' (Employment/Enterprise) in the Dublin City Development Plan 2022-2028 constitutes a material contravention of the land-use zoning objective, as residential use is neither 'Permissible' nor 'Open for Consideration' in this zone.

Decision Maker's Conclusion

  • The residential component of the development is fundamentally incompatible with the Employment/Enterprise zoning objective of the current 2022-2028 Development Plan and represents a material contravention that cannot be justified.
  • While the design, scale, and height (4 storeys) are considered sensitive to the neighboring Georgian terrace and the Grand Canal Conservation Area, the legal planning status of the residential use takes precedence for refusal.
  • The office and café elements would otherwise be acceptable under the zoning, but as the residential element is integral to the current design, a comprehensive refusal of the entire development is recommended.

Cited Policies (CDP)

Zoning Objective Z6 (Employment/Enterprise)Section 14.3 (Permissible, Non-Permissible Uses and Unzoned Lands)Section 14.6 (Transitional Zone Areas)Policy BHA9 (Conservation Areas)Section 15.15.2.2 (Conservation Areas)Policy QHSN6 (Urban Consolidation)Policy QHSN9 (Active Land Management)Policy CEE21 (Supply of Commercial Space)Policy CCUV30 (Cafés / Restaurants)Appendix 3 (Achieving Sustainable Compact Growth)Section 4.5.4 (SC14, SC15, SC16 - Building Height Strategy)

Decision Document Summary

The proposal involves a 4-storey mixed-use extension at Mespil Court, Mespil Road, Dublin 4, comprising a café at basement/ground level, 3 two-bedroom apartments, and a 721 sqm office extension. The site occupies a sensitive transitional location between a modern 6-storey office block and a terrace of protected Georgian structures within the Grand Canal Conservation Area. Historically, a 6-storey scheme was refused on this site for overdevelopment and impact on heritage. The current Inspector fo...
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