Developers Bartra Capital remain on a planning collision course with broadcaster, Pat Kenny and his Dalkey neighbours.
This follows Bartra giving notice that their new nursing home planning application for a site beside the Kenny family home will not be reduced in scale in any way.
Late last month, Bartra Capital withdrew its plans for its 104 bedroom nursing home application for 'Yonder', Ulverton Rd, Dalkey from An Bord Pleanala in the face of stiff opposition from Mr Kenny and over 30 other households in Dalkey.
The move by Bartra to withdraw the application came just days after the company lodged an appeal to An Bord Pleanala against the comprehensive planning refusal by Dun Laoghaire Rathdown County Council in March across a number of headings including the scale of the proposal.
However, a planning notice published on Friday concerning the new plan shows it will retain the 104 bedrooms in the nursing home and like the original scheme will also rise from two to five storeys.
The scale of the nursing home also remains unchanged with a gross floor area of 5,618 sq metres.
The planning argument in the Bartra appeal to An Bord Pleanala gives some clue as to why Bartra is keeping with the original scale of the first proposal.
In the appeal concerning the original scheme, planning consultant for Bartra, Patricia Thornton of Thornton O’Connor Town Planning argued that the proposal “will have no material impact on neighbouring residential amenity having regard to the design mitigation measures proposed”.
Ms Thornton argued that the scheme therefore “cannot be considered to be overbearing, over-scaled or to cause material overlooking”.
Ms Thornton further contended that the proposal “has been designed to fully accord with national planning policy, which seeks the densification of suburban, infill, brownfield sites close to high quality public transport with both the National Planning Framework (NPF) and the Urban Height Guidelines stating that we need to be building upwards rather than outwards”.
Ms Thornton further stated that the scheme “proposes a part two to part five storey development which cannot be considered challenging in this urban context”.
Ms Thornton pointed out that the Bartra apartment scheme granted planning permission for the site has four storeys “and the extra level is proposed without any material impact onto neighbouring properties”.
Ms Thornton pointed out that the scheme proposed “is the highest quality design which will provide an attractive insertion into the landscape and will provide a key facility for the community”.
Ms Thornton stated that the scheme has been carefully crafted to the highest architectural standards and is in line with national policy which expressed seeks the provision of increased density and increased height on brownfield, urban, serviced sites.
In its comprehensive refusal, the Council ruled that the planned nursing scheme would depreciate the value of property in the vicinity, and if permitted, set an undesirable precedent for similar development in the area.
The Council also ruled that due to the massing, scale and design of the proposal, it would adversely impact on the residential amenity of adjacent properties due to overlooking and its overbearing appearance.
The council’s grounds for refusal echoed many of the grounds of objection made by the Kennys during the course of their 15 page objection.
In their objection concerning the proposed nursing home, Pat and Kathy Kenny told the Council that if the nursing home is permitted, it “would detrimentally impact” on their home, ‘The Anchorage’ which adjoins the nursing home site to the south east.
The Kennys argued that the proposal “would also set a precedent that could ultimately seriously damage the character of the area”.
In terms of the scale and massing of the proposal, the Kennys stated that “this proposal inserts a monolithic concrete structure effectively in the middle of back gardens of current residents adjoining the site”.
The Kennys also argued that the development proposed would utterly change the character of the neighbourhood, by inserting what is effectively a large commercially driven five-storey project into a two-storey domestic housing environment.”
Richard Barrett’s Bartra Capital already have permission for 18 apartments and six houses on the same 1.4 acre site. The Kennys and local residents had also opposed that scheme.
Bartra Capital declined to comment today.