Report Template Normal Planning Appeal

Inspector’s Report Development Demolition of part of existing building and erection of office building with commercial uses between 4 and 7 high Location Smithfield, Dublin 7 Planning Authority Dublin City Council Planning Authority Reg. Ref. 2024/16 Applicant Linders of Smithfield Type of Application Permission Planning Authority Decision Grant permission Appellants An Taisce Smithfield Village (Management) Ltd Observers Jerry Mulvihill Tony Flaherty Date of Site Inspection 21st October 2016 Inspector Stephen J. O’Sullivan PL29N. 246933 An Bord Pleanála Page 1 of 30 1.0 Site Location and Description 1.1. The site is near the southern end of the eastern side of Smithfield in central Dublin. It has a stated area of 0.44ha. It consists of a city block bounded to the west by Smithfield, to the south by the red Luas line, to the west by Bow Street, and to the north by New Church Street. It is occupied by a three storey office building formerly occupied by Irish Distillers. That building dates from the 1970s, but its elevations onto Church Street and Bow Street incorporate the walls of a previous warehouse that are of cut limestone. The building stands on the eastern part of the site. A surface car park occupies most of the rest of the site, landscaped with trees. On the opposite side of New Church Street stands the Children’s Court, housed in a three storey building, and the Smithfield Village apartments in a former distillery which is up to 6 storeys high. The back of the church yard of St Michan’s is on the opposite side of Bow Street, as is the end the four storey Law Library Building. The Phoenix Court Building lies on the other side of the Luas line to the south of the site. It rises to 8 storeys. 2.0 Proposed Development 2.1. It is proposed to demolish the existing building and clear the site, except for the stone walls of the old warehouse which would be retained. It is then proposed to erect a building of 20,512m2. The ground floor would contain 486m2 of retail use in two shops, a restaurant of 169m2 and a bar or restaurant of 241m2. The rest of the development would contain 18,236m2 of office or commercial use from the ground to the sixth floor. The roof parapet on the sixth floor would be at a height of 33.61m OD, which would be 29.16m over the ground level on the southern side of the building or 27.625m over that on its northern side. There would be some setback of the fourth and fifth floors from parts of the northern and western sides of the building, with a greater setback of the sixth floor. There would be two basement levels containing 47 car parking spaces, 188 spaces for bicycles as well as plant and ancillary facilities. The building would be arranged around an atrium with two service PL29N. 246933 An Bord Pleanála Page 2 of 30 cores. The existing cut stone wall along Church Street and Bow Street would be retained, while brick and natural stone would be used in the new elevations around extensive glazing. 3.0 Planning Authority Decision 3.1. Decision The planning authority decided to grant permission subject to 21 conditions, none of which significantly altered the proposed development. 3.2. Planning Authority Reports 3.2.1. The planner’s report agreed with the conclusions in AA screening report submitted with the application that the development was not likely to have significant effects on any Natura 2000 site. Office use is permissible under the Z5 zoning in the 2011 city development plan. The proposed building could function as a prominent HQ. It would therefore contribute to the regeneration of the area and would comply with its zoning objective. It would have active ground floor frontage and the façade treatment and building design should result in a positive engagement with the streetscape, particularly at the main frontage onto Phoenix Street and the Luas stop. Double height colonnades would provide access from this side of the proposed building and from Smithfield. The architectural treatment of the building is very positive. The two storey limestone walls along Bow and Church Streets would be retained, which is a key distinction from the previous proposed refused under 2660/11. The City Archaeologist, whose remit includes industrial heritage, does not object to the proposal. The site does not include a protected structure. Its historic built form would have included frontage onto Smithfield. The proposed development represents an appropriate design response to the historic streetscape qualities of the area. Given the extensive civic space at Smithfield and the challenges in animating PL29N. 246933 An Bord Pleanála Page 3 of 30 it, the retention of open space on the site would not have merit in terms of urban design. The proposed plot ratio of 4.63 is above the range recommended at section 17.4 of the development plan. However the proposed development complies with the majority of exceptional criteria laid out in that section because it has an appropriate mix of uses; is on a high quality public transport corridor, will result in the re-development of an under-utilised site in a regeneration area, and will re-instate the streetscape at an important corner of Smithfield. The proposed height of 4 to 7 stories complies with the standards set out in variation 14 to the development plan. The overall height responds to context, with a significant variation of heights in the vicinity. The 3 storey heights of the redbricks at Smithfield should not determine those for an important city block by a major civic space on the Luas line in the inner city. The use of different materials and elements on the elevations reduces the massing of the proposed building, particular compared to the monolithic style of the previous proposal for which permission was refused. The proposed solar panels would be visible from the other side of Smithfield and the quays, and should be omitted. The light analysis submitted by the applicant referred to 12 windows. The development would fail to meet the standard in BS 8206-02 at six of them with respect to the vertical sky component, but would meet the standard for the average daylight factor at all of them. The planner accepts that the analysis establishes that the development would not have a detrimental impact on daylight levels of the apartments opposite. The existing underutilization of the site results in an artificially high level of daylight and sunlight being available for this urban/inner city context. The setback of the 4th, 5th and 6th floors would ensure that the apartments retained an acceptable outlook, and distinguishes the current proposed from the one previously refused. The predicted impacts on the are considered acceptable for this context. The report recommended that further information be sought to address the concerns raised by TII and the council’s roads department about the impact on the Luas, and PL29N. 246933 An Bord Pleanála Page 4 of 30 to seek to omission of the solar panels. The submitted information was considered acceptable and a grant of permission was recommended. 3.2.2. The City Archaeologist recommended that works be monitored under condition. 3.2.3. The Roads and Traffic Planning Division stated that the development was acceptable in principle but that a road safety audit and construction method statement should be sought with respect to the impact on the Luas. The details submitted as further information were considered acceptable and the division stated no objection to the proposal. 3.2.4. The Drainage Division raised no objection to the proposed development. 3.3. Prescribed bodies 3.3.1. Transport Infrastructure Ireland noted that the proposed removal of the southern boundary wall from the site would increase the space available for pedestrians at the Luas stop, but may induce them to walk across Bow Street along the Luas track where there are no footpaths. A road safety audit should address this matter. A method statement should also be required for demolition and construction, and the developer must provide for the relocation of an equipment cabinet and overhead contact system in line with the TII’s requirements. The applicant addressed these matter in the further information submitted to the planning authority, but a further submission from TII was not received. 3.3.2. An Taisce objected to the development on grounds similar to those raised in its subsequent appeal. PL29N. 246933 An Bord Pleanála Page 5 of 30 3.4. Third Party Observations Third parties objected to the proposed development on grounds similar to those raised in the appeal and observations upon them. It was also argued that the parking was inadequate and that the increased traffic generated by the development would impede movement in the area. 4.0 Planning History 2660/11 – the planning authority refused permission for a 7 storey office building of 25,415m2 for 5 reasons which related to: the total demolition of the existing building and the loss of the remains of the former warehouse; proximity to the public sewer on Bow Street; inadequate setback from the Luas stop and interference with pedestrian movement there; overshadowing of apartments at Smithfield Village; an excessive plot ratio of 5.18:1 and consequent overdevelopment of the site. 1502/02 – the planning authority granted permission for a 6/7 storey office building of 23,490m2 with 9 retail units. 5.0 Development Plan The Dublin City Development Plan 2016-2022 came into force on 21st October 2016. The site is zoned under objective Z5.

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