An Bord Pleanála has rejected an appeal by the embassy of the Netherlands in Ireland against the development of an apartment block on a site adjoining the ambassador's residence in the south Dublin suburb of Foxrock.
The embassy had warned that the development could compromise the security of its ambassador and render the building unsuitable for its use as a residence.
However, the board upheld the decision of Dún Laoghaire-Rathdown County Council to grant planning permission for the development of a five-storey apartment block and 21 houses on a 1.27-hectare site off Brighton Road in Foxrock.
Plans led to planning row
The plans had led to a planning row between the Dutch embassy and property developer, the Brighton Road Partnership, over its proposal to construct a block of 36 apartments next to the ambassador's residence.
Consultants acting for the embassy claimed the development would result in "a serious diminution" of the amenities of the ambassador's residence if the proposed development was allowed to go ahead, while also devaluing the property.
They claimed the ambassador’s residence, known as "Goleen", was purchased after a long and considered selection process in 1997 and it serves an important dual function as the ambassador’s residence and as a location for official diplomatic functions.
Concerns over security of property
"In the event of permission being granted for the subject development, the security of the property may well be compromised and it may no longer be suitable for its current use," they added.
A similar application by the same developer was refused planning permission by the council in 2019 and also on appeal by An Bord Pleanála because of its impact on the ambassador’s residence.
However, the embassy acknowledged that the Brighton Road Partnership had taken on board the previous reasons for refusal and had located the proposed apartment block at a further distance from the ambassador’s residence.
However, it said it did not believe that placing the building a further 13 metres away diminished the scale of the problem which the development posed.
The embassy said it was concerned that a particular security risk would be posed by balconies and windows in the development overlooking the ambassador’s residence.
Had the development been in place at the time, the embassy said it would never have considered purchasing the property as a residence.
The embassy was also unsuccessful in its request for a condition to be attached in the event of the development being approved to bind the developer to enter an agreement with the council to preserve a right of way to allow for the development of lands owned by the embassy at some future point.
In its ruling, An Bord Pleanála said the proposed development would not seriously injure the amenities of the area or properties in the vicinity in terms of visual, overlooking and overbearing impact and would not cause adverse loss of daylight or overshadowing of neighbouring residences.
It also was satisfied that the development would not adversely impact the character of Foxrock’s Architectural Conservation Area.
A planning inspector with the board said she could foresee no reason why the development would compromise the security or future potential development of neighbouring sites including the ambassador’s residence.
