A DEVELOPER IS going to reapply for permission to build a hotel tower on a former RTÉ site after An Bord Pleanála initially turned them down.

Cairn Homes said it is going to lodge a new Large Scale Residential Development (LRD) planning application to Dublin City Council for its €107.5m Montrose site next year.

In July of last year, An Bord Pleanála granted a ten year planning permission to Cairn Homes Montrose Ltd for a €345 million, 608-unit apartment scheme on the former RTÉ lands at Donnybrook in Dublin 4.

However, in a split decision the appeals board refused permission for the ‘landmark’ 16-storey tower component of the scheme that was to include a 192-bedroom hotel and 80 apartments.

Now, in a submission to An Bord Pleanála, Cairn Homes Montrose has stated that it has not been possible to proceed with the 2023 permission without first securing permission for the reinstatement of Block 5, the 16 storey tower containing the planned hotel.

In its submission, Cairn has told the appeals board that it is intended that a new LRD application will be lodged in Q1 2025 for reinstatement of Block 5, “albeit with reduced height, amended design and potentially amended uses”.

Cairn Homes’ plans for the former RTÉ site have met with strong local opposition and Cairn Homes Montrose has told An Bord Pleanála “there is a high risk of litigation against a future grant of permission, having regard to the history of litigation against a previous permission”.

Those to oppose the LRD scheme granted last year included the wife of billionaire, Dermot Desmond, Pat Desmond and Ailesbury Rd neighbours in D4 along with the Republic of Austria which has its Embassy on Ailesbury Rd.

Cairn Homes has stated that it is its experience that decisions subject to judicial review can take up to 18 months.

Cairn Homes has revealed its intentions to lodge new plans for the site in its unsuccessful appeal to An Bord Pleanála against Dublin City Council’s decision to subject its former RTÉ landbank to the Residential Land Zoned Tax (RZLT) which is aimed at reducing land-hoarding by landowners.

Cairn Homes told the appeals board “given the likely risk of objection to the forthcoming application and consequential delays to implementing the wider permission, there continues to be impediments in securing the development of these lands, implying the application of RZLT is inappropriate and unreasonable”.

However, An Bord Pleanála has upheld the Council decision that the lands be subject to the RZLT.

This followed its inspector, John Duffy concluding that the lands are located within an established urban area and are considered to be vacant or idle within the meaning of the Act.

Mr Duffy stated that the land in question is within the urban area with services available and no capacity or other reasons have been identified that would prevent the development of these lands for residential purposes.

Mr Duffy noted that there is currently no third party appeal or judicial review proceedings concerning the lands.

Mr Duffy also noted that the grounds of appeal include matters relating to planning permissions on the lands and commencement of development on the lands.

He said that these grounds of appeal relate to matters outside of the qualifying criteria for exemptions to be included in a RZLT and as such they cannot be considered in the appeal process.

Mr Duffy stated that the lands should remain for inclusion on the final RZLT Map given the site is zoned for a mixture of uses including residential development.

The RZLT annual tax on undeveloped lands is calculated at 3pc of the market value of the lands within its scope.

Cairn purchased the lands for €107.5m in 2017 and in March 2019, Cairn Homes ceo, Michael Stanley said that Cairn Homes hoped to commence construction on the site in 2020.