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Pat Kenny of Newstalk and his wife, Kathy, one of Ireland's best-known broadcasters, won their battle against plans to build three buildings and seven houses on a site adjacent to their home in Dalkey.
This decision follows the refusal of the Dun Laoghaire Rathdown Municipality Council to issue a building permit to Bartra Capital Property for the 19 apartments divided into three blocks of up to four storeys, as well as five houses. three bedrooms and two semi-detached homes for the 1.4 acre site.
The Council's decision represents a stunning victory for the Kenny in what could be the "first round" of this planning battle, since a number of grounds for refusal presented by the Kennys have been endorsed by the Council.
At the end of their 16-page objection, the Kenny suggested that the grounds for refusal would be that the proposed layout because of its scale, height and design would have a dominant visual impact and would seriously undermine the framework. , the approval and valuation of neighbors. Properties.
In its overall refusal, the planning authority takes up many of the reasons put forward by the Kennys.
In its formal order, the Council stated that the proposed development "would seriously undermine residential amenities and depreciate the value of properties in the vicinity and would therefore be contrary to the appropriate planning and sustainable development of the area".
The Board also denied a building permit because it decided that the height, size and size of the proposed housing block would result in excessive vision vis-à-vis adjacent sites and a lack of proper housing. shading effect of the contiguous site.
Planners were also concerned about the magnitude of Block B, indicating that the proposed volume, height, and magnitude of this block relative to the contiguous northern site would result in shading and appear to be dominant visually. , from the point of view of the convenience of the home. the North.
Planners stated that the proposed development would therefore seriously affect the residential and visual development of these adjacent sites and create an undesirable precedent for similar developments in the surrounding area.
In a note attached to the refusal, the Board states that in addition to the reasons for the refusal, the planning authority has other concerns regarding the proposal.
The Council states: "In this respect, the applicant is informed that the planning report must be considered in its entirety."
The battle is not over yet for the Kennys, however, Richard Barrett's Bartra Capital now has the option of appealing An Bord Plebada's decision or hosting plans for a new version of the site's development.
Bartra will be eager to return on its investment on the site – earlier this year the real estate company 3.1 million euros for the Maple Tree House site adjacent to Kenny's home and also paid an additional contiguous strip of land for Planning request be filed last month.
The Kenny led the local opposition against the project with 17 other objections from the local population also filed against the planning application.
Kenny's objection pointed out that their house, The Anchorage, adjoined the site in question.
The objection stated: "In my opinion, the development proposed by the applicant is not consistent with the planning and sustainable development of the region."
The objection stated that, if authorized, the development "would have a detrimental effect on The Anchorage" and other residential properties in the area.
The objection added: "This would also create a precedent that could ultimately seriously undermine the character of the region".
They said that permission to build should be refused because "this development is poorly thought out and seems based on the quest for density only with very few other considerations".
The Kennys said: "We do not want to oppose all development proposals, but we only want appropriate development in terms of scale and function."
They then said, "In the beginning, Ireland is going through a housing crisis. Therefore, it is important to realize the development potential of the developed residential area.
"However, as clearly stated in the Dun Laoghaire Rathdown County Development Plan, any brownfield densification must be balanced with respect for the receiving environment of established residential properties.
"Given this principle, the problem at the heart of the proposed review is that the relevance of the site and the ability of the receiving environment to absorb the proposal are two very different considerations."
The Kenny opposed the plan on a number of grounds: density, scale and volume, design, impact on traffic, impact on trees and their habitat and residential facilities.
The Kennys said the development would result in blatant neglect, loss of light and loss of privacy at The Anchorage.
They stated that "the Duplex apartments located at the end of the site overlook Anchorage and that any roof terrace or window would be within 15 meters of our daughter's bedroom window and 19 meters from our window. bedroom".
They pointed out that The Anchorage's ground level is 3.5 meters from the floor of the Duplex Apartment G & H building.
They said, "On our terrace for outdoor dining, we would be facing a construction with a roof line about 11 meters above us, depriving us of light and privacy.
The Kenny said that the loss of light on their property that would result from the proposal "would be disastrous".
Bartra Capital Property consultants told Council that the seven houses are modest in size for the area and are terraced or semi-detached.
The consultants said the 19 apartments are generous in size and will be an attractive and sustainable alternative for many locals, especially "empty breeders" who want to downsize in large family homes but want to stay in the area. .
The consultants also told Council that the development will result in an increase in density of about 43 units per hectare ", which will make the yield of zoned, developed and accessible land located in an established suburb more profitable".
The applicants' consultants stated that the Council would agree with the principle of residential infill development resulting from a pre-planning meeting and a new high-quality development and development. of appropriate size would add land to the area.
They stated that in terms of density, the proposal was very acceptable to Council planners, as was the composition of units.
The consultants stated that the layout would not negatively affect residential amenities or views of the area and that it was attractively designed.
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