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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. Google Maps 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 DCC 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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    Mute Alex Falcone
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    Dec 27th 2016, 2:38 PM

    When is the film version of this story coming out?

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    Mute Pablo
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    Dec 27th 2016, 2:46 PM

    @Alex Falcone: at the rate this story is getting milked, it will be a trilogy

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    Mute Pablo
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    Dec 27th 2016, 2:28 PM

    It’s a sad state of affairs when an ordinary good deed gets such media coverage not once but twice. Talk about flogging a story to death.

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    Mute Matt Connolly
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    Dec 27th 2016, 2:46 PM

    @Pablo: “and what about the tiresome cynicism back home by Some?”

    Welcome to the comment section of the journal

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    Mute Peter keogh
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    Dec 27th 2016, 3:06 PM

    Tyresome I see what you did there

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    Mute Derek Peyton
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    Dec 27th 2016, 3:07 PM

    It’s been a GoodYear for these type of stories

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    Mute Niall Mulligan
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    Dec 27th 2016, 3:32 PM

    Deadly act of kindness completely overcooked and personified by the self praising “we’re better than England” bollox that came with it.

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    Mute The Viking
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    Dec 27th 2016, 2:22 PM

    Fairplay lads

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    Mute John Mac
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    Dec 27th 2016, 4:44 PM

    Tbh, id like to think if most ordinary joes had come across elderly people trying to change their flat tyre, wouldnt hesitate to help out.

    Now fair play but its not exactly jumping on top of a suicide bomber to muffle the bomb blast to save everyone.

    More than a bit cringing to bring english fans into it? Best fans in the world, did you know that?

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    Mute Ian Scott
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    Dec 27th 2016, 2:47 PM

    Sat in key West with an Irish family and to be fair it’s a pleasure to be Irish.. They are manic but fun and friendly plus living life.. Proud to be Irish

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    Mute Congress Tart
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    Dec 27th 2016, 4:26 PM

    This is more self congratulatory than the IFTAs.

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    Mute Harry Whitehead
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    Dec 27th 2016, 3:08 PM

    The difference between Irish and English fans – nobody scapegoats Irish fans for violence even when they suffer uprovoked attacks.

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    Mute Mr Phil Officer
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    Dec 27th 2016, 3:36 PM

    Hardly unprovoked, English fans have a history of violence at these tournaments, the last time they were in Marseille they attacked the locals so violence was predicted. I’d have more respect for them if they took their beatings on the chin but their still shocked and amazed at how a team like Iceland managed to beat them on the pitch and still crying about been beat at their own game of hooliganism off it.

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    Mute canuckandgo
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    Dec 27th 2016, 5:03 PM
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    Mute Harry Whitehead
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    Dec 27th 2016, 5:43 PM

    Then you clearly aren’t familiar with how hooliganism is dealt with here. Our ‘ultras’ are all known to the authorities and typically have their passports confiscated before major tournaments. The fans who were left in comas after being beaten with chairs and iron bars were precisely that – ordinary fans. NOT hooligans. Neither were the fans who were attacked by local French gangs in Marseilles – you might react badly too if some local yobs attacked you purely for wearing Ireland shirts. It’s also pretty clear the French authorites were extremely slapdash in their handling – remind us who allowed Russian ultras to smuggle a FLARE GUN into a packed stadium?

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    Mute canuckandgo
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    Dec 27th 2016, 5:58 PM

    Harry… The fact that hooliganism is dealt with says it all…

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    Mute Harry Whitehead
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    Dec 27th 2016, 6:13 PM

    Does it though? If the UK spent a load of money and effort into dealing with England’s hooliganism, it says more about other countries’ willingness to attribute blame even when the actual evidence suggests England fans were not acting without provocation.

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    Mute canuckandgo
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    Dec 27th 2016, 6:53 PM

    Provocation? They don’t have to fight you know…. They are generally grown adults….

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    Mute Harry Whitehead
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    Dec 27th 2016, 7:24 PM

    As I said to Phil, think (realistically, mind) how you might react if some local yobbos start attacking you as you were sat outside having a drink with friends/family. I’m sure it’s mighty comfy preaching from that high horse of yours.

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    Mute Dave O Keeffe
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    Dec 27th 2016, 7:54 PM

    I don’t know about you but I’d do a runner

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    Mute lavbeer
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    Dec 27th 2016, 3:37 PM

    I thought the country was broke ?

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    Mute Patrick James Walsh
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    Dec 27th 2016, 9:07 PM

    We really need to grow up, in this country, all this need to be liked and thought of as `great craic`, and the `best fans in the world`, borefest at best, smacks of inferiority complex and narcissistic navel gazing. Newsflash; The rest of the world do go about thinking and talking about ` how great the Irish soccer fans are because they changed someone`s tyre`. People have important and interesting things to think about.

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    Mute Nick Drake
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    Dec 27th 2016, 7:53 PM

    ‘We all had a drink in our hand’ – how typically Irish and further driving home the stereotype….

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    Mute Aural Abuse
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    Dec 28th 2016, 12:24 AM

    The behavior of our fans does more for tourism to this country than money ever could.

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