The company behind contentious plans for a mixed use development on former RTÉ lands at Donnybrook, Dublin 4 is claiming that it has been overcharged €4.1m by Dublin City Council in planning contributions for the scheme.
Last month, Dublin City Council granted planning permission to Cairn Homes for the scheme that comprises a 192 bedroom hotel and 688 apartments despite local objections.
The scheme is to be built across 10 blocks with one block, containing the hotel, reaching to 16 storeys in height.
The apartments are made up of 416 built to rent apartments and 272 'build to sell' units.
In 2017, Cairn Homes purchased the lands from RTÉ for €107.5m.
An Bord Pleánála has confirmed that six third party appeals have been lodged against the permission and the appellants include 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.
As part of the permission, the council slapped a demand on Cairn Homes that it pay €9.97m to the council in planning development contributions.
However, in a first party appeal against the financial condition, planning consultants for Cairn Homes, RMLA said that the council's Development Contribution Scheme has not been correctly applied and the correct charge should be €5.866m - €4.1 million less than the €9.97m demanded by the council.
Ms Desmond has made a joint appeal with neighbours on Ailesbury Rd, Chris Comerford and John and Imelda Gleason.
On behalf of the four, Ken Kennedy Solicitors has told the appeals board that his clients are concerned that owing to the scale and height of the proposed development, it will negatively impact on the private amenity and enjoyment of their properties, which are all protected structures and private homes.
In its appeal on behalf of the Republic of Austria, planning consultants, Manahan Planners state that it is likely given the sensitive nature of business and security of the Austrian Ambassador's office and residence at Ailesbury Road, that the impacts of the scheme are so great that An Bord Pleánála should overturn the grant of permission - or radically reduce the proposed height and density of the proposal.
The Austrian Embassy is located at 6 Ailesbury Rd while the Ambassador's residence is at a separate address on the road.
In the appeal, Tony Manahan points out that the rear garden of the Ambassador’s residence "will be overlooked by the proposed development and accordingly it creates security and privacy concerns given there will be other members of the diplomatic community and dignitaries in attendance at events in the garden.
Others to appeal are Brian and Orla Murphy of Stillorgan Rd, Donnybrook; Sharon Mullin of Stillorgan Rd, Donnybrook and the Anglesea Rd, Ailesbury Drive and Ailesbury Grove Residents Association (ARADAG).
The Ailesbury Apartments Management Co Ltd has appealed against two conditions attached to the permission.
The 57 page Dublin City Council planner’s report recommending planning permission stated that the scheme "has potential to create a vibrant residential community in this part of the city and is therefore considered to be in the interest of the proper planning and sustainable development of the area.
The planner's report also concluded that the proposal "has the potential to deliver a high quality residential development at a serviced site that is located at a central location on a public transport corridor".
The report also stated that "the design and quality of residential accommodation provided is of a high standard and is satisfactory".
Planning documentation lodged with the Large Scale Residential Development (LRD) application shows that in compliance with its Part V social housing obligations, Cairn is proposing to sell 69 apartments or 10pc of the total number for €39.14m to Dublin City Council for social housing.
In the Part V package, Cairn is proposing to sell 35 one bed, 30 two bed and four three bed apartments.
The indicative costs of the apartments range from €683,100 for a three bed to the cheapest at €495,001 for a one bed apartment.
Cairn has put an indicative price tag of €653,643 on a number of the two bed apartments while the average cost of an apartment in the proposed Part V deal with the Council is €567,355.
It is the firm’s second attempt to build on the lands and a previous planning permission granted by An Bord Pleánála was quashed by the High Court arising from an action taken by three Ailesbury Rd residents, Chris Comerford, John Gleeson and Pat Desmond.
