Cairn Homes has withdrawn its planning appeal contending that Dublin City Council overcharged the firm by €4.1m in planning contributions for its planned mixed use development for a former RTE site in Donnybrook, Dublin 4.
Last December, Dublin City Council gave the green light to plans by 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 build to rent apartments and 272 'build to sell' units.
As part of one of the conditions attached to the permission, the City Council issued a demand to Cairn to pay €9.97m in planning contributions.
In response, Cairn lodged a first party appeal against the condition to An Bord Pleanála stating that the correct figure is €4.1m less at €5.86m.
However, in new correspondence to Dublin City Council, the appeals board has confirmed that Cairn has withdrawn its first party appeal. The letter provides no reason for the appeal withdrawal.
The letter states "please note, the application is still before the board for decision due to 3rd party appeals being lodged".
Cairn Homes didn't respond to a request for comment on Monday when asked to say why the firm has withdrawn the first party appeal.
Those to lodge third party appeals include wife of billionaire, Dermot Desmond, Pat Desmond and Ailesbury Rd neighbours, along with the Republic of Austria which has its Embassy on Ailesbury Rd.
Ms Desmond has made a joint appeal with neighbours on Ailesbury Rd, Chris Comerford and John and Imelda Gleeson.
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.
In its appeal on behalf of the Republic of Austria, planning consultants, Manahan Planners have stated that it is likely given the sensitive nature of business and security of the Austrian Ambassador's office and residence at Ailesbury Rd, that the impacts of the scheme are so great that An Bord Pleanála 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 has pointed 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.
The 57 page Dublin City Council planner’s report which recommended 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 said 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 10% 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 Pleanala was quashed by the High Court arising from an action taken by three Ailesbury Rd residents, Chris Comerford, John Gleeson and Pat Desmond.
- reporting by Gordon Deegan
