4545/22

The development will consist of: (i) construction of a four-storey flat-roofed apartment block comprising 12 no. two-bedroom apartments each to be served by private south facing terrace and 1 no. vehicular parking space; (ii) provision of new bicycle shed and bin store to serve new apartment block and provision of surface level bicycle parking spaces to serve the wider scheme; (iii) all ancillary works, inclusive of car park revision, open space provision, landscaping and SuDS drainage necessary to facilitate the development. The proposal will increase the number of residential apartments within Emmet Court from 96 to 108 and reduce the number of car parking spaces from 87 to 53.

Granted

Core Planning Reasoning

The Inspector recommends granting permission as the development complies with the Dublin City Development Plan 2022-2028 and residential zoning, representing an appropriate densification of a serviced urban site without causing injury to local amenities.

Decision Maker's Conclusion

  • The site is suitably zoned for residential development and is located in an established urban area with excellent access to public transport (Luas Red Line and bus routes).
  • While density is high at 182.7 units per hectare, the scale of the four-storey block is compatible with the area and well below the general height limit of 24 meters.
  • Legal disputes regarding land ownership and the Multi-Unit Development Act (MUD) are noted but are considered civil matters; the applicant has demonstrated sufficient legal interest for the planning process under Section 34(13).

Cited Policies (CDP)

Z1 Sustainable Residential NeighbourhoodsPolicy QHSN2Policy QHSN6Policy QHSN10Chapter 15 Development StandardsSection 15.9 Apartment Developments

Decision Document Summary

This report assesses a proposal by Derek Kelly for a 12-unit, four-storey apartment block at Emmet Court, Dublin 8. The subject site is currently a neglected car parking area serving existing residential blocks that the Inspector noted are in poor condition with evidence of dumping and vandalism. Third-party appellants, including existing residents and property companies, raised significant concerns regarding land ownership, the lack of a management company for the estate, and the loss of parkin...
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