Bulloch Harbour plan appeal will not go to oral hearing

 A formal request for an oral hearing into contentious plans for Dalkey’s Bulloch Harbour has been rejected by An Bord Pleanála. The planned scheme is the subject of a long-running battle between developers, Bartra, and Dalkey residents, including broadcaster Pat Kenny. The Newstalk presenter is the most prominent opponent of the scheme and has urged Dún Laoghaire-Rathdown County Council to refuse planning permission on multiple grounds in a joint objection with wife, Kathy. The Kennys said the mixed-use development would change Bulloch Harbour’s “welcoming ambience utterly, forever”. In February, they welcomed the council’s “common sense approach” in refusing permission.

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Morrison's wife in action over privacy of Dalkey home

THE WIFE of singer Van Morrison has initiated a High Court challenge over the alleged failure of her local council to protect the privacy of the couple’s home in Dalkey, Co Dublin, when dealing with planning permissions for a neighbouring “Celtic Tiger type” house.

The council had accepted a permission compliance notice from the couple’s neighbours, Desmond and Mary Kavanagh, which provided for the planting of shrubs between the sides’ properties when it is actually trees that are required to protect her family’s privacy, Michelle Morrison claims.

Ms Morrison, née Rocca, of Kilross House, Sorrento Road, is seeking leave to bring proceedings to quash Dún Laoghaire Rathdown County Council’s acceptance of that notice of compliance related to the redevelopment of neighbouring Mount Alverno, home to the Kavanaghs.

Ms Morrison, described in court papers as a consultant, claims the landscaping proposed for Mount Alverno will cause significant overlooking of her family’s property.

She claims, before accepting the disputed compliance notice, the council failed to take into account a number of unauthorised amendments to previous permissions granted for their neighbour’s property, described by her counsel, Eamon Galligan SC, as a 7,500sq ft “Celtic Tiger type house”. Without proper landscaping and, in particular, the replacement of a number of trees, a “gangway” style balcony in the Kavanagh’s home seriously overlooks Ms Morrison’s rear garden and a large number of first floor windows in Mount Alverno also intrude on her family’s privacy, it is claimed.

Overlooking of the Morrison’s driveway and front living room has already been caused by works to the entrance of Mount Alverno also not carried out in compliance with planning permission, it is alleged.

The court heard the Kavanaghs had proposed providing replacement screening between the properties through shrubs, bay laurel, holly, and cherry laurel but Ms Morrison’s experts argued semi-mature canopy trees are required.

Ms Morrison claims the council should not have accepted a permission compliance notice for Mount Alverno because, she alleges, the landscaping conditions, which had also been imposed in two previous planning permissions, had not been met.

The last permission was granted following a Bord Pleanála appeal in August 2009 and the council accepted a submission from the Kavanaghs the following September as to compliance with the permission. Mr Justice Michael Hanna, at the end of yesterday’s proceedings, urged the parties to consider talking, saying: “This case is going to cost somebody an awful lot of money”.

Opening the case earlier, Mr Galligan, for Ms Morrison, said the council accepted the Kavanagh’s compliance submission, despite the fact Ms Morrison had complained previously of unauthorised work at Mount Alverno. This complaint related to a new entrance which was five feet wider than proposed and was located 18ft from where it was supposed to be.

While the council brought enforcement proceedings over this, that was only after it had accepted the compliance submission from the Kavanaghs in which they had proposed planting holly, laurel and hedging, counsel said.

All the latter were shrubs and there was a significant difference between shrubs and trees, counsel said.

Irish Times

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Shop agrees not to use extension

The owner of the Marie Centra store at Barnhill Road, Dalkey, Co Dublin, has told a judge it will not use an eight-cabin extension for further trading pending a planning appeal.

Dún Laoghaire-Rathdown County Council had asked Judge Jacqueline Linnane in the Circuit Court to direct Marie Ballyguile Ltd, which trades as Marie Centra, to remove what it described as an unauthorised development.

Carol O’Farrell, counsel for the local authority, said the company had extended its store into its back yard by the linking up of eight cabins.

Michael O’Donnell, for Marie Centra, said the company was prepared not to use the extended portion of the premises pending the determination of an appeal to be lodged with An Bord Pleanála.

Irish Times

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Locals object to solicitor's plan for Dalkey house at right of way

PLANS BY prominent solicitor and developer Noel Smyth to build a 440sq m (4,736sq feet) house in Dalkey, accessed by an old right of way for walkers, have attracted more than 30 objections from local residents.

Objectors claim the zoning on the site near Torca Road does not permit the construction of additional buildings and say plans by Mr Smyth to replace a 25sq m derelict shed with the De Blacam Meagher-designed house makes a mockery of planning objectives.

The Mount Salus Residents’ Association says in an objection that the three-bed house would seriously injure the amenities and natural environment of the Gorse Hill park in Dalkey.

“This is in effect a proposal to build a house in a park using the public footpath for vehicular access.”

Dalkey Community Council claims the proposal would destroy the wooded aspect of the site and adjoining woodland area, while the proposal for vehicular access on the right of way raises issues of public safety on a quiet lane.

Another prominent lawyer, Bill Shipsey, and his wife Moira say they do not accept that Mr Smyth has any legal rights over the footpath other than as walkers using a right of way.

The Shipseys say the site was at the centre of a previous planning controversy in the late 1970s.

On that occasion, a planning permission for a house, which was granted one day after planning notice appeared in the newspapers, was overturned by the High Court.

The then owner appealed unsuccessfully to the Supreme Court.

Mr Smyth acted as legal adviser for the owner and in 1981 acquired the property himself.

Former Bank of Ireland governor Howard Kilroy and his wife Meriel argue in their objection that Mr Smyth does not have sufficient title to the right of way connecting Torca Road and Knocknacree Road, which is intended to provide access to the house.

The Kilroys also claim the granting of planning permission would set a precedent for further development in the area.

In 2005, Dún Laoghaire/Rathdown County Council widened the lane, laid tarmacadam and installed lighting. The local authority said at the time it carried out the works to minimise vandalism, facilitate a cycle track and allow access for its van to trim trees and remove undergrowth.

Mr Smyth told The Irish Times yesterday that he owned the right of way but had no intention of closing off access for others.

He described the proposed house as “a labour of love” and said he intended to move into it when it was built.

“This is a beautiful area and I wouldn’t build something there unless it was in keeping with its surroundings.” He had spoken to each of his immediate neighbours and had persuaded them it was “a good thing for the area”.

Mr Smyth said neither he nor his agents had any involvement in the council’s decision to upgrade the laneway.

He pointed out that another house could already use it to drive into their house and that he was extending vehicular access by just five metres, not the 40m (131ft) claimed by objectors.

While he fully accepted people’s right to object to planning applications, he claimed that just “two or three” people were behind the collection of the objections.

Irish Times

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Garden centre plans fail to take root

AN BORD Pleanála has ruled against a developer who proposed building townhouses with sunken gardens instead of the leisure facility he originally got planning permission for.

Developer Wesley Curran's Otranto Properties got the thumbs up in February from the planning board to build 56 apartments in two blocks at Mackey's Garden Centre and Harry Byrne's at 1 Castle Close on Castlepark Road, Dalkey, Co Dublin.

The planning permission included a single storey building with a gym, janitor's office, basement and a 16m swimming pool.

But Otranto then sought to ditch the leisure centre and build three two-storey-over-basement townhouses with sunken gardens and terraces instead.

It was also looking to add four more apartments to an apartment block by reducing the size of three apartments and making the floor area of the building bigger.

An Bord Pleanála criticised the proposal to replace the health facilities building, saying that it would reduce the usable open space and recreational amenities associated with the proposed building to unacceptable levels. Regarding the proposal to build an additional four apartments, it said the resulting increase in the scale of the block would cause overlooking and visual dominance to adjoining residential property .

The Irish Times

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Board says yes to Mackey's plan

An Bord Pleanála has ruled in favour of an apartment development at Mackey's Garden Centre and Harry Byrne's and 1 Castle Close on Castlepark Road, Dalkey, Co Dublin. Wesley Curran's Otranto Properties will build 56 apartments in two four-storey buildings and a single storey building with a gym, janitor's office and basement 16-metre swimming pool.

The board ruled that the development would not unduly impact on the character of the surrounding area or adjoining residential amenity and would be acceptable in terms of traffic safety and convenience.

Irish Times

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Council says yes to residential scheme on Dalkey school grounds

Plans for a new housing development on part of the grounds of Castlepark school in Dalkey have been approved by Dún Laoghaire Rathdown County Council.

The local authority has granted permission for 47 houses and apartments on a 3.7-acre part of the school grounds off Castlepark Road. The proposed site is off the main school avenue behind Mackeys garden centre, where developers Wesley Curran and Graham O'Donnell are looking to build 81 apartments. This scheme was approved by the local authority but is under appeal to An Bord Pleanála.

Castlepark school has sold off portions of its large landholding at Castlepark Road for residential development over the years. This time around it's believed that the school had struck a deal with a consortium of developers, including David Arnold and John Lombard, so that the site would be sold to them for a figure of around €10 million subject to planning permission being granted for the residential scheme.

The proceeds would contribute towards the redevelopment of the school, which is currently underway. This will involve the construction of an additional 39 classrooms, an indoor swimming pool, assembly hall, PE hall, caretaker's flat and 90 surface car-parking spaces.

Last year the school sought permission for 81 residential units at the site but this was refused on appeal to An Bord Pleanála, which ruled that the scheme would "seriously injure" adjacent residential properties on Hyde Road, and in Castle Close and Castlelands.

The scheme has been scaled back in height and density and will now involve 14 four and five-bedroom semi-detached houses and one four-bedroom detached house, all over three storeys. Some 32 apartments will also be built in two blocks from three to five storeys. The local authority granted permission subject to 40 conditions including that the developer pay contributions totalling €1.4 million to the council as well as a tree bond of €500,000. The decision by the local authority to grant permission is likely be appealed to An Bord Pleanála by local residents who have opposed the development on a number of grounds.

The Irish Times

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Dalkey conservation order urged as site faces demolition

An Taisce has called on Dún Laoghaire-Rathdown County Council to make Dalkey an architectural conservation area, following a decision by An Bord Pleanála to approve the demolition of a historic building on its main street.
The Dalkey tram yard, in the centre of Dalkey village on Castle Street, will be replaced with a three-storey structure containing 20 apartments and a retail unit.
The yard and its four tram sheds date back to the late 19th century and housed Dublin's first electric tram, which began running in May 1896. It is the last remaining tram yard in the Dún Laoghaire-Rathdown area and is next to the 18th century Queen's pub, a protected structure, and close to Dalkey Castle. Dalkey village is the county's only heritage town and is designated by Dúchas, the Irish heritage service, as a "zone of archaeological potential".
An Bord Pleanála approved the development, from J & P Monaghan and R Shiels, despite a recommendation from its inspector that it be rejected. Boundary walls are also to be retained as part of the permission and a photographic record is to be taken of the tram sheds before they are demolished. The original wrought-iron gates are also to be retained, but will be welded in an open position as they will not fit the widened entrance.
An Bord Pleanála attached 24 conditions to its planning approval, including the reduction of the number of apartments from 23 to 20, and the retention of the cobblestones and tramline within the yard, which are protected structures.
Maireád Mehigan, chairwoman of the Dún Laoghaire An Taisce Association, said the planning board's decision was a major disappointment.
"An Bord Pleanála did not address any of its planning concerns," she said.
If the village was designated an Architectural Conservation Area, it would have extra protection under planning laws and this would not have been approved."
Fiona Gartland
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