Council overcharged us €4m says D4 developer
Scheme on old RTÉ land will comprise hotel and 688 apartments
THE company behind contentious plans for a mixeduse development on former RTÉ lands is claiming that it has been overcharged €4.1million by Dublin City Council in planning contributions for the scheme.
Last month, the council granted planning permission to Cairn Homes for the scheme at Donnybrook, Dublin 4, which comprises a 192-bedroom hotel and 688 apartments, despite local objections.
An Bord Pleanála has confirmed that six third-party appeals have been lodged against the permission and that the appellants include Pat Desmond, wife of billionaire Dermot Desmond, and Ailesbury Road neighbours in Dublin 4, along with the Republic of Austria, which has its embassy on Ailesbury Road.
The scheme is to be built across ten blocks, with one block, containing the hotel, reaching to 16 storeys in height.
The apartments are made up of 416 build-to-rent units and 272 build-to-sell units.
In 2017, Cairn Homes purchased the lands from RTÉ for €107.5million.
As part of the permission, the council slapped a demand on Cairn Homes that it pay €9.97million to the council in planning development contributions.
However, in a firstparty appeal against the financial condition, RMLA, planning consultants for Cairn Homes, state that the council’s development contribution scheme has not been correctly applied and that the correct charge should be €5.866million – around €4.1million less than the €9.97million demanded by the council. Ms Desmond has made a joint appeal with neighbours on Ailesbury Road, Chris Comerford and John and Imelda Gleeson. On behalf of the four, Ken Kennedy Solicitors has told the appeals board that his clients are concerned that owing to the scale and height of the proposed development, it will negatively affect the private amenity and enjoyment of their properties, which are all protected structures and private homes.
In its appeal on behalf of the Republic of Austria, planning consultants Manahan Planners state that it is likely, given the sensitive nature of business and security of the ambassador’s office and residence at Ailesbury Road, that the impacts of the scheme are so great that An Bord Pleanála should overturn the grant of permission – or radically reduce the height and density of the proposal.
The Austrian Embassy is located at 6 Ailesbury Road, while the ambassador’s residence is at a separate address on the road.
In the appeal, Tony Manahan points out that the rear garden of the ambassador’s residence ‘will be overlooked by the proposed development and accordingly it creates security and privacy concerns given there will be other members of the diplomatic community and dignitaries in attendance at events in the garden’.
Others to appeal are Brian and Orla Murphy, of Stillorgan Road, Donnybrook; Sharon Mullin, also of Stillorgan Road, Donnybrook; and the Anglesea Road, Ailesbury Drive and Ailesbury Grove Residents Association.
The Ailesbury Apartments Management Co Ltd has appealed against two conditions attached to the permission.
The 57-page Dublin City Council planner’s report recommending planning permission stated that the scheme ‘has potential to create a vibrant residential community in this part of the city and is therefore considered to be in the interest of the proper planning and sustainable development of the area’.
The planner’s report further concluded that the proposal ‘has the potential to deliver a high-quality residential development at a serviced site that is located at a central location on a public transport corridor’.
The report said ‘the design and quality of residential accommodation provided is of a high standard and is satisfactory’.
Planning documentation lodged with the large-scale residential development (LRD) application shows that in compliance with its Part V social housing obligations, Cairn proposes to sell 69 apartments or 10% of the total number for €39.14million to Dublin City
‘Security and privacy concerns’ ‘Vibrant residential community’
Council for social housing.
In the Part V package, Cairn is proposing to sell 35 one-bed, 30 two-bed and four three-bed apartments. The indicative costs of the apartments range from €683,100 for a three-bed to the cheapest, at €495,001, for a onebed apartment.
Cairn has put an indicative price tag of €653,643 on a number of the two-bed apartments while the average cost of an apartment in the proposed Part V deal with the council is €567,355.
It is the firm’s second attempt to build on the lands, and a previous planning permission granted by An Bord Pleanála was quashed by the High Court arising from an action taken by three Ailesbury Road residents: Chris Comerford, John Gleeson and Pat Desmond.