Planning Register Reference Number: 1238/07

An Bord Pleanála

PLANNING AND DEVELOPMENT ACTS 2000 TO 2006

Dublin City

Planning Register Reference Number: 1238/07

An Bord Pleanála Reference Number: PL 29S.222915

APPEAL by Bertram Court Management Company Limited care of Marston Planning Consultancy of 24 Terenure Road East, Rathgar, Dublin and by Lord Iveagh Hotels and Markets Limited care of Tom Phillips and Associates of The Chancery, 3-10 Chancery Lane, Dublin and by others against the decision made on the 15th day of March, 2007 by Dublin City Council to grant subject to conditions a permission to the said Lord Iveagh Hotels and Markets Limited in accordance with plans and particulars lodged with the said Council.

PROPOSED DEVELOPMENT: Mixed use scheme (including amendment of a previously permitted scheme (planning register reference number 1606/04 and appeal reference number PL 29S.20827)) on two sites separated by Lamb Alley, with a total site area of 0.663 hectares approximately. The Iveagh Markets element of the proposed development will consist of the refurbishment and redevelopment of the existing Iveagh Market building for use as a multi-functional market and retail centre. The proposed works include the construction of a basement and sub-basement beneath the existing market structure (3,351 square metres); the addition of 248 square metres floorspace at mezzanine level and 234 square metres floorspace at first floor level; the increase in height of the single storey building linking the two existing market halls, to the same height as the parapet of the former Dry Market (western-most building); the opening of 10 number archways and one number entrance to the northern elevation to Market Passage; the opening of six number archways on the north-east elevation to Lamb Alley; the opening of one number entrance on the southern elevation to Dean Swift Square; the reinstatement of two number archways to match existing in place of two number goods entrance doorways on the southern elevation to Dean Swift Square; and internal alterations and additions to the layout including but not limited to: shopfronts; stairways; lifts; staff and public toilets; service and ancillary areas; the formation of a new opening at ground floor level between the two existing market halls; and the formation of three number new arched openings between existing piers at first floor level. The proposed development within the Iveagh Markets building is to total some 6,952 square metres gross floor area, comprising of 5,543 square metres gross retail floor space at sub-basement, basement, ground floor, mezzanine and first floor levels (including retail storage space at sub-basement level of 835 square metres and a retail/dining/drinking/restaurant/exhibition/entertainment gallery at mezzanine level above the former Wet Market (eastern-most building) of 119 square metres; a dining/drinking/restaurant/exhibition/entertainment/performance area (89 square metres); and a restaurant/café/servery area (50 square metres) both at first floor level above the former Dry Market. The development will also include lobby areas (68 square metres), service areas (153 square metres), public and staff toilets (139 square metres), as well as circulation areas, staircores, partition walls, ducts and voids at all floor levels amounting to 910 square metres approximately. The proposed element of the development to the north of the Iveagh Market building on the land occupied primarily by numbers 20-21 Francis Street and number 8 Lamb Alley, Dublin will consist of: the construction of a 97 number bedroom (2,514 square metres), seven-storey hotel over a basement (828 square metres), including three number meeting rooms (102 square metres), conference/entertainment area (270 square metres), kitchen (66 square metres), two number foyer areas (142 square metres) and function bar (26 square metres) and sub-basement (739 square metres) including a nightclub (325 square metres), kitchen (136 square metres), and staff facilities (87 square metres), the internal reconfiguration and adaptation of numbers 20-21 Francis Street (a Protected Structure) for use as a night lobby entrance (26 square metres) to the proposed hotel with luggage store (six square metres) at ground floor level and an en-suite bedroom at first and second floor levels; and the internal reconfiguration and adaptation of number 8 Lamb Alley (a Protected Structure) as an independent public house (138 square metres). This element of the proposed development will also consist of a lobby (158 square metres) and breakfast/restaurant/bar area (418 square metres) at ground floor level; and a meeting room (58 square metres), kitchen (20 square metres) toilet/wash facilities (34 square metres), boiler room (eight square metres) and function room (286 square metres) at sixth floor level. Ancillary storage areas; access and circulation areas; additional toilet facilities; water storage facilities; plant areas (including ESB substation and switch room); additional lobby areas; ancillary office/management space; an engineer’s workshop; as well as circulation areas, staircores, partition walls, ducts and voids at all floor levels (1,763 square metres approximately) are also proposed. This element of the proposed development also incorporates an outdoor dining/drinking/smoking/entertainment/seating area adjacent to and including the Market Passage (running along the northern edge of the Iveagh Market building); an internal courtyard for use as a dining/drinking area; and an outdoor dining/drinking/smoking terrace fronting Lamb Alley. The gross floor area of the proposed Hotel will be 6,996 square metres. The proposed development also provides for amendments to the development previously permitted (planning register reference number 1606/04 and appeal reference number PL 29S.208027) at the site at numbers 1a and 2a John Dillon Street and numbers 40-48 Back Lane, Dublin (the site of Mother Redcaps Market Public House and offices). The previously permitted mixed use scheme consisted of Block A (a predominately six-storey building with five number retail units (380 square metres) at ground floor level and 49 number residential apartments over), and Block B (a building ranging from five to six storeys in height comprising of 17 number residential units and two number townhouses with a public house/restaurant) separated by a pedestrian street. The proposed amendments will consist of the redesign (including reconfiguration of internal layout, alterations to the footprint, bulk, mass, height and elevations) and change of use of the permitted scheme to provide for an aparthotel with 83 number units (5,146 square metres) including four number own-door terraced units fronting onto John Dillon Street, (461 square metres) and an independent café bar/restaurant. The proposed amended Block A is to be a building six storeys in height with 39 number aparthotel units (20 number one bedroom units and 19 number two-bedroom units); a lobby/reception area (39 square metres); a breakfast/restaurant/bar area (256 square metres); toilet facilities (34 square metres); plant rooms (37 square metres), ESB substation and switch rooms); bin storage facilities (16 square metres); a kitchen (55 square metres); a staff area (22 square metres); and parking facilities for 10 number bicycles (13 square metres). The proposed amended Block B is to be a six-storey building (stepping down to three storeys in height on the south-east side nearest John Dillon Street) with 40 number aparthotel units (18 number one bedroom units and 22 number two-bedroom units); four number own-door three-storey aparthotel units fronting John Dillon Street; an independent café bar/restaurant (239 square metres); 11 number car parking spaces (286 square metres) to be accessed from Back Lane; toilet facilites (30 square metres); water storage area (65 square metres); parking facilities for 10 number bicycles (21 square metres); a plant room and bin (14 square metres) and ancillary storage areas. Blocks A and B both also contain circulation areas, staircores, partition walls, ducts and voids at all floor levels (totalling 927 square metres approximately). The permitted pedestrian street running between Blocks A and B is to be realigned to the north-west and is to be used as an outdoor dining/drinking/smoking/performance area, with security gates at each end. The proposed amendments also include works to the rebuilt City Wall (a Protected Structure reference number 4360) running along the Lamb Alley site boundary (including creating new window and door opes, a change to the position of the approved pedestrian entrance through the wall and lowering the height of the wall) and changes to the ground floor levels from the permitted finished ground level of predominantly + 15.7 metres OD to a proposed finished ground level of predominantly +15.150 to 15.200 metres OD (14.300 metres OD at the site of the proposed café bar/restaurant adjacent to the Lamb Alley wall and +14.700 to 14.900 metres OD for the four number own-door units). The gross floor area of the proposed aparthotel is 7,200 square metres. The overall scheme will include changes in level; boundary treatments; pedestrian access points; vehicular access points; services provision; the provision of ancillary plant; associated signage and flagpoles; soft and hard landscaping and all other necessary site development and excavation works above and below ground. The site on which permission for development is sought is: the Iveagh Markets, numbers 22-27 Francis Street, Dublin (0.27 hectares approximately)( a Protected Structure) which is bounded to the west by Francis Street, to the south by Dean Swift Square and to the north-east by Lamb Alley, and a adjacent plot to the north of the Iveagh Market building of 0.158 hectares approximately, occupied primarily by numbers 20-21 Francis Street and number 8 Lamb Alley, Dublin (both Protected Structures). Permission for development to amend a previously permitted scheme (planning register reference number 1606/04 and appeal reference number PL 29S.208027) is sought for the site at numbers 1a and 2a John Dillon Street and numbers 40-48 Back Lane (comprising Mother Redcaps Market Public House and offices) bounded to the north-east by Back Lane, to the south-west by Lamb Alley and to the south-east by John Dillon Street, Dublin (0.235 hectares approximately) (the site also contains a Protected Structure reference number 4360). The proposed mixed use development will comprise of 21,148 square metres gross floor area (including 11 number car parking spaces).

DECISION

GRANT permission for the above proposed development in accordance with the said plans and particulars based on the reasons and considerations under and subject to the conditions set out below.

MATTERS CONSIDERED

In making its decision, the Board had regard to those matters to which, by virtue of the Planning and Development Acts and Regulations made thereunder, it was required to have regard. Such matters included any submissions and observations received by it in accordance with statutory provisions.

Reasons and Considerations:

Having regard to the provisions of the current development plan for the area, the provisions of the Coombe/Liberties Integrated Area Plan, 1998, the nature of development proposed and the pattern of existing and permitted development in the surrounding area, it is considered that, subject to compliance with the conditions set out below, the proposed development would not seriously injure the amenities of the area or of property in the vicinity, would not be prejudicial to public health and would be acceptable in terms of traffic safety and convenience. The proposed development would, therefore, be in accordance with the proper planning and sustainable development of the area.

Conditions:

The development shall be carried out entirely in accordance with the plans and particulars lodged with the application on the 19th day of January, 2007, except as may otherwise be required in order to comply with the following conditions. The mitigation measures contained in the Environmental Impact Statement shall be implemented in full by the developer, except as may otherwise be required in order to comply with the following conditions.

Reason: In the interest of clarity and the proper planning and sustainable development of the area.

Prior to commencement of development, a phasing programme for the development shall be submitted to the planning authority for written agreement. The renovation and redevelopment of the Iveagh Market shall be completed and the market shall be available for occupation prior to first use/occupation of the aparthotel element of the development.

Reason: To provide for the orderly development of the site.

Iveagh Markets

The renovation and redevelopment of the Iveagh Markets shall be subject to the following requirements:

(a)The basement and sub-basement areas of the Iveagh Markets building shall not be used as a public house or nightclub.

(b)The proposed new doors for the Iveagh Market building shall be clear glazed and no security shutters shall be erected on the building without a prior grant of planning permission.

Reason: In order to protect the character of this protected structure.

Hotel

(1)That part of the sixth-floor hotel function room, north of grid line F approximately, as indicated on the floor plans, H-OP 0009, shall be omitted from the development.

(2)The new plinth wall, railings and gate proposed on Lamb Alley shall be designed to the correct historic details.

Prior to commencement of development, except for those works specified under condition number 20, revised plans and details in this regard shall be submitted to and agreed in writing with the planning authority.

Reason: In the interest of visual amenity and in order to protect the amenities of adjoining residents.

The nightclub proposed at sub-basement level of the hotel shall be restricted to the extent of operation specified in drawing number H OP 0001, received by the planning authority on the 19th day of January, 2007. The areas indicated as restaurant/bars/function rooms located in the hotel (basement and ground floor), number 8 Lamb Alley and Block A of the apart-hotel, shall not be used for the purposes of a nightclub or to accommodate pay-at-the door dances. In particular, the restaurants shall not be used for the sale of hot food for consumption off the premises, apart from the ancillary sale of hot drinks.

Reason: In the interest of the proper planning and sustainable development of the area.

Aparthotel

Blocks A and B of the aparthotel development shall be revised as follows:

(a)The five ground floor apart-hotel units shall be replaced with commercial units. The use of the commercial units shall be restricted to Classes 1, 2 and 10 of Part 4 of Schedule 2 of the Planning and Development Regulations, 2001, as amended.

(b)Ground floor elevations facing Back Lane and the pedestrian route shall be revised to provide appropriate shopfront elevations.

(c)Fenestration on the Back Lane elevations shall be aligned vertically and this vertical emphasis shall be continued to ground floor level.

(d)The car park entrance gate on Back Lane shall be replaced with a high quality design, whose materials shall correspond with those used in fenestration and doors elsewhere in the development.

(e)The new windows and doors proposed in the existing City Wall fronting onto Lamb Alley shall be clear glazed.

(f)The roof gardens/terraces located on the south-eastern boundary of the aparthotel site shall be suitably screened to prevent overlooking of adjacent properties on John Dillon Street. Use of the communal terrace at third floor level shall be restricted to between 2200 hours and 0800 hours.

(g)The café/restaurant located at ground floor and mezzanine level of Block B shall only be used as a restaurant and shall be laid out and permanently maintained at all times with seating and shall not be used for the purposes of a bar, nightclub or public dances.

Reason: In the interest of amenity and the proper planning and sustainable development of the area.

7.The aparthotel units shall only be occupied for short-term letting periods of less than 90 days and shall operate within the definition of a hotel as set out in Appendix 13 of the Dublin City Development Plan, 2005-2011. The aparthotel shall be managed by a reception facility on the ground floor with twenty-four hour reception and security facilities. The apart-hotel units shall not be occupied as permanent residential units.

Reason: To ensure that the development would accord with the proper planning and sustainable development of the area.

General

8.The following shall apply to the Protected Structures located on site:

(a)A conservation expert shall be employed to manage, monitor and implement works on the site and to ensure adequate protection of the historic fabric during those works. In this regard, all permitted works shall be designed to cause minimum interference to the building structure and/or fabric.

(b)A construction method statement shall be submitted to the planning authority for written agreement prior to commencement of works on the site, except for those works specified under condition number 20. The construction method statement shall clearly set out how it is proposed to protect the historic building fabric and structural integrity of the retained protected structures on the site, during all phases of demolition, excavation and construction works.