Monday 16 September 2019

Pat Kenny faces fresh battle to prevent apartment development beside Dalkey home

Pat Kenny and his wife, Kathy Picture: Brian McEvoy
Pat Kenny and his wife, Kathy Picture: Brian McEvoy

Gordon Deegan

Broadcaster, Pat Kenny faces a fresh battle in trying to prevent a high density development proceeding on a site adjacent to his Dalkey home.

This follows An Bord Pleanála confirming on Friday that developer, Bartra Capital Property has lodged an appeal against Dublin City Council’s decision last month to refuse planning for three apartment blocks and seven houses beside the Kenny home.

The application consists of 19 apartments in three blocks ranging up to four storeys along with five three bedroomed homes and two semi-detached homes on the 1.4 acre sit

The application by Richard Barrett’s Bartra Capital Property was refused on a number of grounds and the refusal was mainly concerned with the impact of the height, bulk and scale of two of the apartment blocks on neighbouring properties.

In lodging the appeal, Mr Barrett is anxious to see a return on the reported €3.1m his firm paid for the Maple Tree House site adjacent to the Kenny home and also paid for an additional 0.51 acre site.

However, Pat Kenny and his wife Cathy will take comfort from the latest figures from An Bord Pleanála showing that Mr Barrett has a uphill battle in order to have the city council decision reversed.

According to the appeals board 2017 report, the number of council decisions reversed on appeal to An Bord Pleanala stood at 23.7% - or a little less than one in four of the 1,427 decisions made.

The comprehensive Kenny objection lodged with the City Council ran to 16 pages.

The objection stated that if permitted the development "would detrimentally impact on The Anchorage" and other residential properties in the area.

The objection added: “It would also set a precedent that could ultimately seriously damage the character of the area.”

They stated that planning permission should be refused as “this development is ill-thought and appears based on the quest for density alone with scant other consideration”.

The Kennys stated: “We have no desire to object to every development proposal, but we seek only to have appropriate development in terms of scale and function."

The Kennys stated that the development will result in gross overlooking along with loss of light and loss of privacy of The Anchorage.

They stated that “the Duplex apartments at the end of the site overlook The Anchorage and any roof terrace or window would be less than 15 metres from our daughter’s bedroom window and 19 metres from our bedroom window”.

They pointed out that the ground level of The Anchorage is 3.5 metres below the ground level of the Duplex Apartment block G&H.

They stated: “On our outdoor dining patio, we would be facing a construction with a roof line some 11 metres above us, denying us light and privacy.”

The Kennys stated that the loss of light on their property that would result from the proposal “would be disastrous”.

However, the planner’s report that recommended refusal does provide Mr Barrett with some ground for optimism in having the decision overturned.

In the 30 page report, the Council planner stated that the Council “considers that there is an opportunity to provide a high quality residential development on the subject site”.

Earlier in the report, the planner states that the principle of the redevelopment of the site with an appropriately high density residential scheme would be considered acceptable on this site.

It stated that the proposed density of 43 units per hectare “is a reasonable density”.

The planner’s report also revealed that Bartra had reached a deal with the Council to reserve a portion of the development for social and affordable housing to comply with requirements under Part V of the Planning & Development Act 2000-2015.

The report disclosed that Bartra proposed to comply with the Part V requirement by the transfer to the Council of two one-bedroom units at a combined indicative cost of €673,078.

The Kennys will now the option of making an observer's submission to the appeals board on the content of the appeal lodged by Mr Barrett’s firm and a decision is due in April.

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