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Dublin: 11 °C Wednesday 23 October, 2019
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Neighbouring Georgian houses in planning dispute over building of new home on property

A decision on the appeal from An Bord Pleanála is expected in the coming months, after planning permission was initially granted.

AN APPEAL HAS been lodged with An Bord Pleanála over the granting of planning permission for the development of a residential property just a few hundred metres from St Stephen’s Green in Dublin 2.

In February, Dublin City Council approved the redevelopment of the rear of No.10 Ely Place, which is itself a protected Georgian building, on a number of conditions.

The owners of the adjoining No.9 building, however, have appealed the decision, claiming that they have a right of way to the laneway which will be infringed where the property will be built and that the plans are not compliant with development standards.

Proposals

ely place The laneway through which the development is planned. Source: Google Maps

Permission was granted to build a property through the laneway next to No.10 Ely place by Dublin City Council.

Currently, there is a car park accessed via this laneway and a small two-storey structure to the rear of the protected building.

A previous planning application lodged to develop the rear area as a two to six storey building for use as offices and apartments was refused on the basis that the proposed building was overdeveloped on the site.

Next door, No.9 was offered permission to change the use from an office to a single family dwelling back in 2014.

The latest application, according to architects on the project, comes as the site has an “obvious and latent development potential”.

The proposal is for the construction of a two-storey over-basement four bedroom residential dwelling, 245 square metres in size, with two parking space and associated open space.

This would mean the eradication of the existing car park, and the demolition of the small structure to the rear of the lane.

In a proposal submitted to the council by planners, it said the “design of the proposed new dwelling represents a quality contemporary building which can make a positive contribution to the context”.

It said the new property will directly adjoin with No.9, and not adversely affect the historic “grain” of the other buildings in the area.

It concludes: “The proposed development will not be visible from Ely Place and will not adversely impact the streetscape and principal facades of the protected structures of ely place.

The removal of the unsightly modern outbuilding from the rear of the site, the development of a high quality contemporary building and the re-introduction of a rear garden – albeit a small one – will have a positive impact on the setting of no.10 Ely Place.

Appealed

In granting permission for the development to go ahead, Dublin City Council imposed a number of conditions.

This included following conservation requirements and ensuring the proposed demolition and excavation works were carried out in a manner as to protect and ensure the continuing stability of the adjoining properties.

As well as that a sum of €12,876 must be paid to the Planning Authority prior to development, and €2,000 in respect of the Luas Cross City scheme.

The owners of the adjoining no.9 building, however, after objecting to the initial planning permission have now appealed the case to An Bord Pleanála.

Submissions made on the owner’s behalf argued that the application is invalid and, even if it were found to be valid, it should be denied on a number of grounds.

It is argued that the development plans encroach past the appropriate boundary for which it should be allowed to develop on. By extending over this boundary, the application should be invalid, it is argued.

ely place plans Source: DCC

Even if it is not rendered invalid, it is argued that the right of way that the owner of no.9 enjoys from the rear of his property along the lane way and through the archway on Ely Place Upper would be infringed.

It is also argued that the proposed development “does not respect the architectural importance of this Georgian area and the protected structures surrounding it”.

As well as that, it is claimed that the development would “considerably overshadow the garden and rear mews house of no.9 Ely Place Upper”.

This is considered a key issue with the proposed development as during much of the year, no.9 Ely Place Upper will have no unobstructed daylight into their garden.

A decision on the appeal from An Bord Pleanála is expected in the coming months.

Read: A long-shuttered Dublin city centre building is getting a facelift

Read: Decision on €160 million Cork incinerator deferred for a tenth time

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Sean Murray

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