Strategic Housing Development: Material Contravention Statement - Newmarket SHD
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College Gate, Castleknock, Dublin 15 Planning Status and Development Potential Report
Strategic Housing Development:
Material Contravention
Statement
Mixed-Use Residential Development
At
A Site bounded by
Newmarket Square, Ardee Street and Mill
Street, Newmarket, Dublin 8
Submitted on Behalf of
Nrek1 Limited
December 2021
Declan Brassil & Co. 1
Ardee Street, Newmarket, Dublin 8 Material Contravention Statement
TABLE OF CONTENTS
1.0 INTRODUCTION .............................................................................................................................. 3
2.0 RELEVANT LEGISLATION – MATERIAL CONTRAVENTION .......................................................... 4
2.1 Planning and Development (Housing) and Residential Tenancies Act, 2016 ....................... 4
2.2 Planning and Development Act, 2000 (as amended) ............................................................ 5
3.0 MATERIAL CONTRAVENTION STATEMENT.................................................................................. 5
3.1 Section 37(2)(b)(i): Strategic or National Importance ............................................................ 6
3.2 Material Planning Considerations .......................................................................................... 9
3.2.1 Minimum Apartment Floor Areas ........................................................................... 9
3.2.2 Unit Mix ................................................................................................................ 10
3.2.3 Block Configuration .............................................................................................. 12
3.2.4 Minimum Internal Apartment Space Standards ................................................... 13
3.2.5 Private Amenity Space ......................................................................................... 14
3.2.6 Building Height ..................................................................................................... 15
3.2.7 Public Open Space .............................................................................................. 26
4.0 CONCLUSION ................................................................................................................................ 27
Declan Brassil & Co. 2
Ardee Street, Newmarket, Dublin 8 Material Contravention Statement
1.0 INTRODUCTION
This Material Contravention Statement accompanies an application by Nrek1 Limited (the applicant), for the
demolition of all existing buildings on site and the construction of a 6-9 storey mixed use, primarily
residential development of 134 no. Build to Rent (BTR) apartments with associated ancillary amenity areas,
a commercial/retail unit at ground floor level, and ancillary and associated development and works. The
application site is located in Newmarket, Dublin 8, generally bound by Newmarket Square to the north,
Ardee Street to the west and Mill Street to the south
This Statement has been prepared to address matters associated with the proposed development that
might be determined to materially contravene relevant provisions of the Dublin City Development Plan,
2016-2022 (DCDP).
This Statement is prepared pursuant to Section 8(1)(iv)(II) of the Planning and Development (Housing) and
Residential Tenancies Act 2016 (hereafter referred to as ‘the 2016 Act’) that requires an application which
materially contravenes a development plan or local area plan to contain a statement as to why permission
should be granted by having regard ‘to a consideration specified in section 37(2)(b) of the Act of 2000’.
It is noted that elements of a proposed development may contravene a policy or objective of a statutory
land use plan but may not be determined to represent a ‘material contravention(s)’ of the plan. This is a
matter of professional planning judgement. This Statement has included a number of matters that are
considered to represent contraventions of the DCDP, primarily to comply with Ministerial Guidelines
published since the adoption of the DCDP and could be determined to ‘materially contravene’ the relevant
provisions of the plan. These matters relate primarily to residential qualitative / quantitative standards, as
set out in Chapter 16 of the DCDP. In this regard sub-section 16.10.1 of the DCDP acknowledges national
guidance in this regard where it states that:
‘The standards set out for apartment developments are set out in the Department of Environment,
Community and Local Government guidelines entitled Sustainable Urban Housing: Design Standards for
New Apartments – Guidelines for Planning Authorities (December 2015), (www. environ.ie), hereafter
referred to as the 2015 Department Guidelines1. In addition, proposals for apartments shall comply with the
standards set out below and with the requirements of other relevant development standards including
public open space, play space, safety and security, and acoustic privacy standards.’
An abundance of caution approach has been taken to the identification of the provisions referenced and
addressed in this Statement and as set out in detail under Section 3, below. In summary these matters
relate to apartment development standards in respect of:
• Minimum Apartment Floor Areas.
• Unit Mix.
• Block Configuration (number of units per floor per access core).
• Minimum Internal Apartment Space Standards;
1 Superseded by the 2020 revised guidelines - Guidelines on Sustainable Urban Housing: Design Standards for New
Apartments (2020)
Declan Brassil & Co. 3Ardee Street, Newmarket, Dublin 8 Material Contravention Statement
• Private Amenity Space provision;
• Building Height; and
• Public Open Space Provision.
This Statement provides a supporting rationale for the Board to grant permission, pursuant to its statutory
powers, notwithstanding the possible material contravention of these policies and objectives of the DCDP.
2.0 RELEVANT LEGISLATION – MATERIAL CONTRAVENTION
2.1 Planning and Development (Housing) and Residential Tenancies Act, 2016
In the event that a proposed development would materially contravene the relevant provisions of a
development plan other than in relation to the zoning of the land, Section 8(1)(iv)(II) of the 2016 Act
requires that the applicant should include a statement as to why permission should nonetheless be granted
having regard to a consideration specified in section 37(2)(b) of the Planning and Development Act 2000,
as amended (the 2000 Act).
This document constitutes a Statement of opinion, in compliance with section 5(6), setting out an opinion
as to why permission should be granted having regard to those provisions.
Sections 9(3) provides that the Board shall have regard to specific planning policy requirements contained
in guidelines issued by the Minister (i.e., Section 28 Guidelines), and where those requirements differ from
the provisions of the development plan, then those requirements will apply instead of the relevant
provisions of the development plan:
“Where specific planning policy requirements of guidelines referred to in paragraph (a) differ from the
provisions of the development plan …, then those requirements shall, to the extent that they so differ, apply
instead of the provisions of the development plan.”
Section 9(6) provides that the Board may decide to grant permission for a proposed strategic housing
development even where the proposed development (or a part of it) materially contravenes the
development plan or local area plan, other than in relation to the zoning of land. This is subject to s.9(6)(c),
which provides:
‘Where the proposed strategic housing development would materially contravene the development plan or
local area plan, … other than in relation to the zoning of the land, then the Board may only grant
permission in accordance with paragraph (a) where it considers that, if section 37(2)(b) of the Act of 2000
were to apply, it would grant permission for the proposed development.’
Section 10(3)(a) requires that a decision of the Board under Section 9 must state: “the main reasons and
considerations on which the decision is based”. Furthermore, under Section 10(3)(b), the Board must state,
where permission is granted in material contravention of a development plan or local area plan, “the main
reasons and considerations for contravening materially the development plan or local area plan, as the case
may be”.
Declan Brassil & Co. 4Ardee Street, Newmarket, Dublin 8 Material Contravention Statement
2.2 Planning and Development Act, 2000 (as amended)
Section 37(2)(b) of the Act states that where a proposed development materially contravenes the
development plan, the Board may grant permission where it considers that:
(i) the proposed development is of strategic or national importance,
(ii) there are conflicting objectives in the development plan, or the objectives are not clearly stated, insofar
as the proposed development is concerned, or
(iii) permission for the proposed development should be granted having regard to regional spatial and
economic strategy for the area, guidelines under section 28, policy directives under section 29, the
statutory obligations of any local authority in the area, and any relevant policy of the Government, the
Minister or any Minister of the Government, or
(iv) permission for the proposed development should be granted having regard to the pattern of
development, and permissions granted, in the area since the making of the development plan.
Having regard to the above criteria, it is demonstrated in Section 4 (below) that the development satisfies
criterion (i) and (iii). It is noted that the inclusion of the word ‘or’ after criteria (ii) to (iv) establishes that a
development need only satisfy one of those criteria in addition to criterion (i).
3.0 MATERIAL CONTRAVENTION STATEMENT
The following statement is provided pursuant to Section 5(6) of the 2016 Act:
• Section 37(2)(b)(i) of the 2000 Act: The proposed development is a “Strategic Housing
Development”, as defined under Section 3 of the 2016 Act.
• Section 37(2)(b)(ii) of the 2000 Act: There appear to be conflicting objectives in the development
plan, the objectives of which are not clearly applied in relation to this development.
• Section 37(2)(b)(iii): Compliance with RSES, Specific Planning Policy Requirements (SPPRs)
contained in relevant Section 28 Planning Guidance
This section is structured to provide the following information:
Section 3.1 sets out reasons why the proposed development is considered to be Strategic Housing
Development under Section 37(2)(b)(i) of the Planning and Development Act.
Section 3.2 address matters relating primarily to residential standards, as set out in Chapter 16 of the
DCDP. Under each of the sub-headings a detailed reasoned justification is provided to demonstrate how
the proposed development is compliant with the RSES and relevant Specific Planning Policy Requirements
(SPPRs), as contained in Section 28 Planning Guidance under Section 37(2)(b)(iii) of the Planning and
Development Act.
Declan Brassil & Co. 5Ardee Street, Newmarket, Dublin 8 Material Contravention Statement 3.1 Section 37(2)(b)(i): Strategic or National Importance It is submitted that the proposed residential development is of strategic importance having regard to provisions of the National Planning Framework (NPF) and the Regional Settlement and Economic Strategy (RSES). The proposed development comes within the definition for ‘Strategic Housing Development’ under the Acts on the basis that the proposed development exceeds 100 no. units and is located on appropriately zoned land - Objective Z10 - ‘To consolidate and facilitate the development of inner city and inner suburban sites for mixed uses, with residential the predominant use in suburban locations, and office/retail/residential the predominant uses in inner city areas’. Residential use is permitted in principle under the Z10 zoning objective. In addition to the proposed development being strategic development by reason of coming within the definition of a Strategic Housing Development for the purpose of the Act, it is submitted that the proposed development is also considered to be strategic for the reasons set out below. The NPF acknowledges the critical role that Dublin City plays in the country’s competitiveness. It therefore supports Dublin’s growth (jobs and population) and anticipates the city and suburbs to accommodate an extra 235,000 - 293,000 people by 2040. To support and manage Dublin’s growth, the NPF is seeking that the city needs to accommodate a greater proportion of the growth it generates within its footprint than was the case heretofore and that housing choice, transport mobility and quality of life are key issues in the future growth of the city. The NPF therefore sets a target of at least 50% of all new homes targeted for Dublin City and suburbs are delivered within its existing built-up footprint. The proposed development will contribute positively towards the achievement of this targeted growth whilst promoting compact growth and urban consolidation objectives through the intensification of a brownfield, urban infill site in a location that is accessible to public transport modes and identified for urban regeneration in the Development Plan. Each chapter of the NPF contains National Policy Objectives (NPOs) that promote coordinated spatial planning, sustainable use of resources, and protection of the environment and the Natura 2000 network. The NPOs most relevant to the subject application are included in Chapter 4 Making Stronger Urban Places and Chapter 6 People, Homes and Communities. In this regard NPO 13 (below) is of particular relevance and requires that in urban areas, planning and related standards, in particular building height and car parking, will be based on performance criteria that seek to achieve well-designed high-quality outcomes in order to achieve targeted growth. Other NPOs that are also relevant to the proposed development and the purposes of this statement are as follows: Declan Brassil & Co. 6
Ardee Street, Newmarket, Dublin 8 Material Contravention Statement Furthermore, the NPF seeks to secure compact and sustainable urban growth means focusing on reusing previously developed ‘brownfield’ land, building up infill sites (and either reusing or redeveloping existing sites and buildings) in well serviced urban locations, particularly those served by good public transport and supporting services. The proposed development will contribute positively towards the achievement of targeted growth whilst promoting compact growth and urban consolidation objectives through the intensification of a centrally located and accessible, brownfield, infill site that is well served by existing public transport. Accordingly, the application site is considered highly suitable for higher-density apartment development. Rebuilding Ireland has been recently replaced with Housing for All which acknowledges that Ireland’s housing system is not meeting the needs of enough people and is failing to provide enough homes to buy or to rent in the private sector. Housing for All identifies an average national need of 33,000 homes constructed per annum until 2030 to meet targets set out for additional households, as outlined in the NPF. An overarching objective of Housing for All is to increase new housing supply. New homes need to be built in the right place, to the right standard and in support of climate action. Housing for All identifies a need to satisfy demand for housing across four tenures – affordable, social, private rental and private ownership. Housing for All seeks to put in place pathways that will create the environment needed to enable supply of over 300,000 new homes by 2030, meaning an annual average of at least 33,000 homes per year to come from both the public and private sector. To achieve this, Housing for All identifies the need to increase housing supply quickly. More recently, the Economic and Social Research Institute (ESRI) published a research paper entitled Declan Brassil & Co. 7
Ardee Street, Newmarket, Dublin 8 Material Contravention Statement Structural Housing Demand at County Level in December 2020. As outlined in the DHLGH Ministerial Letter to Local Authorities dated 18 December 2020, based in the ESRI findings and other factors affecting existing demand, there is a total projected new household demand under the ‘high international migration scenario is close to 33,000 per annum and is around 26,000 per annum in the low international migration scenario. Our baseline scenario results suggest, relative to population shares, higher levels of housing demand in Dún Laoghaire-Rathdown, Cork City, Meath and Kildare and relatively lower levels of demand in Mayo and Fingal.’ The Ministerial Letter acknowledges current undersupply of housing and states that since the NPF was published in 2018, there have been three further years where supply has been constrained relative to demand, exacerbated by the setback arising from the Covid-19 pandemic. The subject site is located within the Dublin Metropolitan Area, for which the RSES includes a detailed planning and investment framework as set out in the Dublin Metropolitan Area Strategic Plan (MASP). Compact growth and accelerated housing delivery is identified as guiding principles of the MASP. The MASP seeks to promote sustainable consolidated growth of the Metropolitan Area, including brownfield and infill development, to achieve a target of 50% of all new homes within or contiguous to the built-up area of Dublin City and suburbs. To support a steady supply of sites and to accelerate housing supply, in order to achieve higher densities in urban built up areas, supported by improved services and public transport. The MASP acknowledges that strategic sites, other than those outlined in the Plan, will come forward during the lifetime of the MASP through the ongoing development and intensification of brownfield and infill opportunities. The subject site is considered to be such an infill opportunity that is suitable for a higher density apartment scheme of modern new homes, situated on a brownfield site that is well served by public transport provision and local service provision. This is in accordance with the principles and vision of the Metropolitan Area Strategic Plan (MASP). Available information on New Dwelling Completions from the CSO indicates that the current rate of dwelling completions nationally is falling substantially below the 25,000 unit per year target set in Rebuilding Ireland and the NPF, which itself does not address the latent housing demand arising from the under-provision of housing in previous years. In 2018, just 17,952 no. new dwellings were completed nationally, which is 7,048 no. units below the NPF target. In 2019 this figure rose to 21,241 no. new dwellings which is 3,759 below the NPF target. This means over this two-year period there was a deficit of 10,807 no. new dwellings. The shortfall was further increased in 2020, with 20,676 no. new dwellings completed, 1.9% less than the previous year, falling well below the anticipated 25,000 unit target set in the NPF and the 33,000 envisaged in the Ministerial Letter. It is evident that despite national policy to accelerate housing delivery, new housing has not been provided in tandem with recorded population growth and that substantial residential development needs to occur to meet national population targets. It is therefore considered of strategic national importance that suitable and sustainable residential development is facilitated where it accords with national and regional level policies and Guidelines. It is submitted that the proposed residential development is consistent with the strategic and national policy objectives of the NPF and RSES / MASP that promote compact residential development at urban locations that are well integrated with public transportation and sustainable modes of transport, close to employment and recreational opportunities, at a sustainable density which contributes to the viability of services and public transport provision. It is submitted that the proposed development is of strategic importance in the delivery of additional housing and will specifically relieve demand pressure on the available supply of housing in the Dublin Metropolitan Area. Declan Brassil & Co. 8
Ardee Street, Newmarket, Dublin 8 Material Contravention Statement
The accompanying Planning Report and Statement of Consistency submitted herewith illustrates that the
proposed development is consistent with the provisions of the Ministerial Guidelines, the NPF and the
RSES, and represents an appropriate and high-quality and sustainable urban infill development within
Dublin City. It is considered that the proposed development is of a scale that will make a meaningful
contribution towards meeting housing stock requirements and population targets as set out at the regional
level and national level. It is submitted that the proposed BTR Residential development is consistent with
the strategic and national policy objectives of the NPF and RSES / MASP that promote compact residential
development at urban locations that are well integrated with public transportation and sustainable modes,
close to employment and recreational opportunities, at a sustainable density which contributes to the
viability of services and public transport. It is submitted that the proposed development is of strategic
importance in the delivery of additional housing and will specifically relieve demand pressure on the
available supply of rental accommodation in Dublin City.
Accordingly, the proposed development can be considered to be of ‘Strategic Importance’ for the purposes
of Section 37(2)(b)(i) of the 2000 Act.
3.2 Material Planning Considerations
This section address matters relating primarily relating to compliance with residential standards, as set out
in Chapter 16 of the DCDP. Under each of the sub-headings a detailed reasoned justification is provided to
demonstrate compliance / consistency with the RSES and relevant Specific Planning Policy Requirements
(SPPRs) and guidance contained in Section 28 Planning Guidance pursuant to Section 37(2)(b)(iii) of the
Planning and Development Act and particularly the:
• Apartment Sustainable Urban Housing: Design Standards for New Apartments (2020) – hereafter
referred to as the ‘Apartment Guidelines’
• Urban Development and Building Heights Guidelines for Planning Authorities (2018) – hereafter
referred to as the ‘Building Height Guidelines’
• Sustainable Residential Development in Urban Areas - Guidelines for Planning Authorities (2009) and
its accompanying Urban Design Manual - A Best Practice Guide.
3.2.1 Minimum Apartment Floor Areas
The following minimum overall apartment floor areas are applicable:
• Studio-type - 40 sq.m.
• 1-bed - 45 sq.m
• 2-bed - 73 sq.m.
The DCDP standards for 1-bed and 2-bed (4 person) apartments are consistent with the requirements of
the Apartment Guidelines. However, the Development Plan only includes a single standard for two-bed
apartments which is consistent with the 4 person, two-bed apartment provided for under the Apartment
Guidelines (73 sq.m minimum GFA). However, Para. 3.6 of the Apartment Guidelines states that ‘planning
authorities may also consider a two-bedroom apartment to accommodate 3 persons, with a minimum floor
area of 63 square metres’. It is also noted that the minimum floor area for studio units at 37 sq.m and as
promoted in the Apartment Guidelines are 3 sq.m smaller in area / size than the relevant DCDP standard of
Declan Brassil & Co. 9Ardee Street, Newmarket, Dublin 8 Material Contravention Statement
40 sq.m. However, the proposed studio unit comfortably exceeds the DCDP standard with a proposed
overall floor area of 43 sq.m.
Having regard to the submitted RAU Drawing No. P19-1490-3.1_402 (Rev P01) showing the typical layout
of the proposed 2-bedroom / 3-person units it is noted that this unit type has been designed to the 63
sq.m overall apartment floor area standard promoted in the Apartment Guidelines. Given that the DCDP
does not make express provision for 2-bed / 3-person units, it is considered that the proposed 2-bed / 3-
person units could be considered to be a material contravention of the Development Plan.
In addition to the above, it is also a requirement of the DCDP that ‘the majority of all apartments in a
proposed scheme of 100 units or more must exceed the minimum floor area standard by at least 10% (studio
apartments must be included in the total but are not calculable as units that exceed the minimum).’
Having regard to Table 6.2 of the accompanying Planning Report and Statement of Consistency, it is noted
that 6 of the 97 no. 1-bed units (including the single studio unit) exceed the floor area standard by 10% or
more. This represents approximately 4.5% of the total number of apartments. However, it is noted that a
total of 91 no. of the 134 no. apartments (68%) exceed the minimum standards albeit by less than a 10%
margin.
Unlike the DCDP development plan standards, Section 5 of the Apartment Guidelines distinguishes
between build-to-sell and build-to-rent typologies and provides express guidance on the Build to Rent
(BTR) development typology as proposed in the subject application - in this regard SPPR 7 of the guidance
is relevant. SPPR 8 goes on to provide distinct planning criteria applicable to BTR development and in this
regard SPPR 8 (iv) removes the requirement that majority of all apartments in a proposed BTR scheme
should exceed the minimum floor area standards by a minimum of 10%.
Notwithstanding the above, given that approximately 68% of the total number of BTR units would exceed
minimum prescribed floorspace standards, it is submitted that the proposed units will provide a high
standard of accommodation and amenity to meet modern living standards / requirements and will
therefore meet the expectations/needs of future occupants/residents.
3.2.2 Unit Mix
Section 16.10.1 of the Dublin City Development Plan 2016-2022 states that in ‘build to let’ schemes that up
to 42-50% of the total units may be in the form of one bed or studio units.
Table 3.2 of the accompanying Planning Report and Statement of Consistency identifies the following
proposed mix of units:
• 1 x Studio Unit (0.7%);
• 96 x 1 Bed Units (71.6%);
• 7 x 2Bed /3 Person Units (5.2%); and
• 30 x 2 Bed /4 Person Units (22.4%).
The proposed proportion of studio and 1 bed units at 72.4% of the total number of units is in excess of the
42-50% provided for in section 16.10.1 of the City Development Plan. As such, the proposed unit mix could
be considered to materially contravene the City Development Plan.
Declan Brassil & Co. 10Ardee Street, Newmarket, Dublin 8 Material Contravention Statement
However, the proposed unit mix is consistent with SPPR 8(i) of the Apartment Guidelines which removes
restrictions on dwelling mix for BTR schemes where it states that ‘No restrictions on dwelling mix and all
other requirements of these Guidelines shall apply, unless specified otherwise.’
As noted under sub-section 3.1 above the DCDP does not make express provision for a 2-bed / 3-person
unit typology. However, Para. 3.6 of the Apartment Guidelines include a reduced size two-bed apartment,
which is suitable for 3 persons. Para. 6.4 of the same guidelines goes on to recognise the contribution such
units make towards the achieving an acceptable variation in housing type where it states that ‘…it would
not be desirable that, if more generally permissible, this type of two-bedroom unit would displace the current
two bedroom four person apartment. Therefore no more than 10% of the total number of units in any private
residential development may comprise this category of two-bedroom three person apartment. This is to allow
for….. an acceptable level of variation in housing type.’ In this regard, the proposed proportion (5.2%) of 2-
bedroom / 3-person units is compliant with the aforementioned guidance and will enhance the proposed
mix of units by improving the variation in unit sizes / typologies provided.
Having regard to the provisions Sections 9(3)(b) and 9(6) of the 2016 Act and Section 37(2)(b)(iii) of the
2000 Act, the proposed development could be granted having regard to the Apartment Guidelines. Indeed,
Section 5 of the Guidelines provide express guidance in terms of BTR development that sets it apart from
regular private market (built to sell) apartment development. In particular, SPPR 8(i) of the guidance
provides distinct planning criteria applicable to BTR development and in respect of the permissible dwelling
mix where it states that no restrictions on dwelling mix and all other requirements of these Guidelines shall
apply, unless specified otherwise. The distinct development criteria for BTR development within the
Apartment Guidelines provide a responsive policy context to meet the higher-level objectives associated
with BTR development in terms of its ability to:
(a) Accelerate the delivery of new housing at a significantly greater scale and at a quicker pace of
development than that associated with regular private market housing / apartment schemes,
which is largely determined by the rate at which individual homes / apartments can be sold. As
acknowledged in Para. 5.7 of the Apartment Guidelines, BTR schemes becomes available to the
rental sector over a much shorter timescale upon completion of the development. Thus, the BTR
model is capable of delivering a much higher volume of housing than traditional models.
(b) Accelerated housing delivery can make a significant contribution to the required increase in
housing supply nationally, as identified in ‘Rebuilding Ireland’ and subsequently ‘Housing for All’
and the scale of increased urban housing delivery, as envisaged in the NPF.
A CBRE report titled ‘Justification for Build-to-Rent Housing Development in Newmarket, Dublin 8’
accompanies this submission. The Report has regard to current supply and demand variables prevailing in
the residential property market, in the immediate vicinity of the subject site, and the wider Dublin area. In
addition to commenting on the wider economic and demographic backdrop, the Report provides
commentary on the evolution of the Build-to-Rent model in the Irish market and its suitability for the
Dublin market, noting:
• Ireland’s residential property market is undersupplied with a severe imbalance between supply and
demand for both renters and purchasers alike, despite Government efforts to fast-track housing
delivery through the SHD process.
Declan Brassil & Co. 11Ardee Street, Newmarket, Dublin 8 Material Contravention Statement
• The above imbalance is particularly acute in the Dublin region, where the bulk of Ireland’s
population is based, with a particular shortage of affordable professional managed rental stock in
the city.
• It is identified that while there are many schemes in the planning process, for various reasons, there
are very few under construction. Only 3 schemes are identified that are currently under
construction in Dublin 8. These would provide 125 units, of which 71 no. (57%) are BTR units.
• It identifies that there are 6 no. permitted schemes with the potential to deliver 2,069 units if
implemented. These include 550 apartments at Grand Canal Harbour at Grand Canal Place; 416
units at the former Bailey Gibson site near the former Players Wills factory; 413 apartments at the
Newmarket Park industrial estate; 321 apartments at 42A Parkgate Street; 299 apartments at the
former DIT campus at Kevin Street and 70 apartments at 43-50 Dolphin’s Barn Street. With the
decision on the Bailey Gibson site now referred to the European Court of Justice, (which is likely to
delay delivery for up to 2 years) and other schemes requiring funding to kickstart development, the
likelihood is that supply in the Dublin 8 area is likely to remain constrained for the foreseeable
future.
• The population is growing at a rapid pace. Ireland has the highest proportion of 25–44-year-olds in
the EU, which is supporting demand for those aspiring to purchase homes as well as those seeking
to rent accommodation being that this age cohort is a key household formation age. The age
profile of those migrating to Ireland has also been dominated by 25-44 year olds. Dublin’s
demographics are also hugely supportive of demand for housing boasting an even higher
proportion of 25-44 year olds than the national average, with a significant proportion of this
population transient and focussing in particular on housing rental options.
The submitted CBRE report provides a robust rationale in support of the key role of the proposed BTR
scheme in meeting housing need and demand in the context of changing demographic profiles for the
area and household composition, whilst delivering strategic housing targets. In particular the report notes
that the proposed housing unit mix is particularly desirable considering the unique demographic profile of
Dublin’s population. It is note that at the time of the last Census of Population in 2016, almost 50% of all
households in Dublin City comprised either of one-person households (28%) or couples (18%). Both these
categories are likely to have a preference for occupying 1-bedroom units, particularly in a city like Dublin
where affordability is an issue. This is consistent with sub-section 2.20 of the Apartment Guidelines that
acknowledges the need for different forms of housing to be supported and emphasises ‘the need to
facilitate a mix of apartment types that better reflects household formation and housing demand’.
Concluding on this issue, it is submitted that the proposed unit mix satisfies an identified housing need in
the City and the Dublin 8 area, and that the proposed development will contribute positively to expedite
housing delivery as acknowledged in sub-section 5.7 of the Apartment Guidelines.
3.2.3 Block Configuration
The DCDP requires that there ‘… shall be a maximum of 8 units per core per floor, subject to compliance with
the dual aspect ratios …. Hallways and shared circulation areas should be appropriate in scale and should not
be unduly narrow. They should be well lit, where possible with some natural light and adequate ventilation.
Movement about the apartment building should be easily understandable by all users by keeping internal
corridors short with good visibility along their length. In certain circumstances, deck access may be acceptable
as long as bedrooms do not face out on to the deck and it is well proportioned and designed. In some cases,
Declan Brassil & Co. 12Ardee Street, Newmarket, Dublin 8 Material Contravention Statement secondary bedrooms facing on to the deck may be acceptable if quality issues are satisfactorily addressed by careful design such as providing a semi-private external buffer zone. The key performance criterion is the quality of residential amenity.’ The accompanying Planning Report and Statement of Consistency identifies that the proposed arrangement of apartments relative to primary, secondary and escape staircores is shown on the submitted floorplans and addressed in the submitted HQA. In this regard it is noted that a maximum of 19 units are provided on a single floor, benefitting from 2 no. stair/lift cores located in the north-western and southern portions of the proposed building respectively, together with an emergency escape staircore in the north- eastern portion of the building. 11 no. units are provided on the 7th floor level, serviced by a single stair/lift core. In this regard, the proposed development is compliant with the requirements of SPPR 6 and the flexibility for more than 12 units per core provided by SPPR 8(v) of the Apartment Guidelines which states that: ‘The requirement for a maximum of 12 apartments per floor per core shall not apply to BTR schemes, subject to overall design quality and compliance with building regulations’ 3.2.4 Minimum Internal Apartment Space Standards The DCDP sets out minimum internal space requirements for living/dining/kitchen rooms, bedrooms and storage areas, as follows: All proposed 2-bed/3-person units (Unit Type 2.0, as detailed on RAU Drawing No. P19-149D-3.1_402 (Rev. P01) do not meet the required 30 sq.m aggregate living/dining/kitchen floor area as per the DCDP standard for 2-bedroom units. However, with an internal aggregate floor area of 28.8 sq.m, this unit type meets the required 28 sq.m aggregate floor area for living/dining/kitchen rooms, as identified in Annex 1 of the Apartment Guidelines. Declan Brassil & Co. 13
Ardee Street, Newmarket, Dublin 8 Material Contravention Statement
In terms of storage provision, the DCDP requires the following minimum standards:
− Studio unit: 3 sq.m.
− 1-bedroom unit: 3 sq.m
− 2-bedroom unit: 6 sq.m
Whilst the above standards for studios, 1-bed and 2-bed / 4-person units are consistent with the standards
promoted in the Apartment Guidelines, it is noted that the Apartment Guidelines provides a distinct 5 sq.m
storage requirement / standard in respect of 2-bed / 3-person units that is lower than the 6 sq.m standard
for a 2-bed/4-person unit. In this regard, the proposed 2-bed/3-person unit type (as referenced above)
does not meet the DCDP storage space standard of 6 sq.m but satisfies the minimum required 5 sq.m
storage space, as per the Apartment Guidelines.
3.2.5 Private Amenity Space
The DCDP requires that private open space shall be provided in the form of gardens or patios/ terraces for
ground floor apartments and balconies at upper levels. The minimum depth of private amenity open space
(balcony or patio) shall be 1.5 m and the minimum area / size shall be as follows:
• Studio unit: 4 sq. m.
• 1-bedroom unit: 5 sq.m
• 2-bedroom unit: 7 sq.m.
A total of 57 units benefit from private amenity space, primarily in the form of balconies, which represents
43% of the total number of units proposed. In this regard the submitted HQA indicates that in all instances
the minimum area / size requirements are exceeded. It is noted that a minimum balcony/terrace depth of
1.5m is achieved in all instances apart from the
proposed concave / V-shaped balconies to some of
the north facing apartments. Having regard to the
inset example (right), it is noted that the full width
of the balcony does not meet the required 1.5m
depth standard (i.e. the area shown in yellow on the
balcony is less than 1.5m deep). However, a
significant portion of the overall balcony area (5.2
sq.m of the total 8 sq.m balcony area) is compliant
with the area and depth standard contained in the
Apartment Guidelines (as illustrated in green colour
to the balcony area shown in the inset figure, right).
Clearly these balconies, whilst providing significant
private amenity space / areas, do not incorporate
depths of 1.5m along the entire length by virtue of
its design, which provides the benefit of improving
aspect to the units in question.
It is noted that SPPR8 (ii) of the Apartment
Declan Brassil & Co. 14Ardee Street, Newmarket, Dublin 8 Material Contravention Statement
Guidelines afford flexibility for a BTR scheme in this regard, where it states as follows:
‘Flexibility shall apply in relation to the provision of a proportion of the storage and private amenity space
associated with individual units as set out in Appendix 1 and in relation to the provision of all of the
communal amenity space as set out in Appendix 1, on the basis of the provision of alternative,
compensatory communal support facilities and amenities within the development.’
It is submitted that this level of provision of private amenity space is appropriately supplemented through
generous provision of outdoor communal amenity space and a range of indoor communal recreational
facilities and amenities, as summarised below:
• Resident Support Facilities2 – In this regard it is identified that the proposed development would
benefit from concierge / management facilities, with the BTR entrance foyer incorporating a
reception desk and office; waste management facility; a bicycle storage area; and a postal storage
area, all provided at ground floor level.
• Resident Services and Amenities3 - A range of indoor communal recreational facilities are
provided, which includes a co-working space of 60.6 sqm and a games room of 55.1 sqm.
• The quantitative requirement for outdoor communal amenity space (based on the Annex 1
standards and the mix of the previous proposed 399 no. BTR units) is identified as 736 sq.m.
A total of 1,137 sqm of communal external amenity space in the form of a first floor/podium level
courtyard and 5 no. roof garden terraces are provided. This level of provision comfortably exceeds the
minimum required 736 sq.m.
It is noted that Item 5 of the ABP pre-planning consultation opinion requires the submission of ‘an
explanation of how the quantum and type of internal amenity areas for the proposed BTR use of the site will
respond to policy requirements and meet resident’s needs.’ A full justification in this regard is provided in the
accompanying BTR Justification Report, prepared by CBRE which provides details of the appropriateness,
quantitative and qualitative aspects of the communal amenity space and communal support facilities and
amenities provided within the proposed development with specific reference to the requirements of SPPR
7(b)(i) and (ii) and SPPR 8 (ii) of the Apartment Guidelines.
It is submitted that the quantity, quality and variety of the communal indoor and outdoor amenity and
recreational spaces will ensure a very high level of amenity is provided for all units / residents of the
scheme. This level of communal amenity space provision will appropriately compensate for some units not
benefitting from private amenity space provision, consistent with SPPR8(ii) of the Apartment Guidelines.
3.2.6 Building Height
Sub-Section 16.7.2 of the DCDP stipulates maximum permissible building heights of up to 24m for
2 Facilities related to the operation of the development for residents such as laundry facilities, concierge and
management facilities, maintenance/ repair services, waste management facilities, etc.
3 Facilities for communal recreational and other activities by residents including sports facilities, shared TV/lounge
areas, work/study spaces, function rooms for use as private dining and kitchen facilities, etc.
Declan Brassil & Co. 15Ardee Street, Newmarket, Dublin 8 Material Contravention Statement
residential development and 28m for commercial development in inner city locations such as the subject
site.
The proposed development ranges in height from 6/7 storeys on the eastern boundary of the site to
integrate with an adjoining recently constructed office development to 9 storeys at the north-western
corner of the site at the junction of Newmarket Square and Ardee Street. In this regard, the proposed
building height exceeds the 24m residential building height standard of the DCDP, with an 8th floor level
parapet height of c. 28.6m and a total maximum height of c. 31.3m due to a lift over-run and stair core
providing access to a top floor roof level communal amenity space.
Having regard to the specific provisions of Section 37(2)(b)(iii) of the 2000 Act, it is submitted that the
proposed development meets the requirements of SPPR 3A of the Building Height Guidelines. The
Guidelines advocate a shift away from the application of generic maximum heights, as provided for under
sub-section 16.7.2 of the DCDP, towards a performance criteria driven approach. Chapter 3 states that
building heights must be generally increased in appropriate urban locations, with a presumption in favour
of buildings of increased height in core urban areas with good public transport accessibility. The Guidelines
identify a number of development management principles and criteria that planning authorities should
consider in the assessment of development proposals where the proposed height exceeds the relevant
quantitative development plan building height standard. These principles and criteria are discussed and
addressed under sub-sections 5.1.3 and 6.1.6 of the accompanying Planning Report and Statement of
Consistency.
Section 3.2 of the Building Height Guidelines require that ‘In the event of making a planning application, the
applicant shall demonstrate to the satisfaction of the Planning Authority/ An Bord Pleanála, that the proposed
development satisfies the following criteria…’
A range of criteria need to be addressed at a macro level (at the scale of the relevant city/town);
intermediate level (at the scale of district/ neighbourhood/ street) and at a micro level (at the scale of the
site/building). These criteria are set out and addressed in detail in Table 5.1 of the accompanying Planning
Report and Statement of Consistency and is duplicated below, in the interest of providing a comprehensive
justification in support of the proposed building height. The table below duplicates Table 5.1 as contained
in the submitted Planning Report and Statement of Consistency and provides an assessment of compliance
of the proposed development with the ‘Development Management Criteria’ as set out in sub-section 3.2 of
the above guidance.
Table 3.1: Development Management Criteria for Additional Height
1. At the scale of the relevant city/town
a) The site is well served by public transport with high capacity, frequent service and good links to
other modes of public transport.
This inner-city brownfield site is well served and connected with high frequency public transport
modes, as summarised below:
• Bus Services - The development is circa 100m from the high frequency bus corridor and
stops on Cork Street to the north and approximately 420m from bus stops along New
Street South to the east. Furthermore, the development also has good access to the key
strategic bus corridor running along Ellis Quay and Usher’s Quay further to the north.
Declan Brassil & Co. 16Ardee Street, Newmarket, Dublin 8 Material Contravention Statement
These high frequency bus services connect the subject site with Dublin City Centre and
many other destinations.
• Rail Services - The development is approximately 1.2km from the Harcourt LUAS stop
on the LUAS Green Line connecting Broombridge in the northern city suburbs to
Sandyford and Brides Glen in the southern suburbs. The development is also c.1.2km
from the Fatima LUAS stop on the Red Line connecting Saggart / Tallaght in the West
to Connolly / The Point in the East. The Luas Red Line connects the site with Heuston
Station to the west and Connolly Station to the east, which include intercity and
commuter rail services
• Walking and Cycling - Due to the inner city / city centre location the site is highly
accessible to good quality existing cycling and pedestrian routes, providing excellent
access to nearby bus and rail links, together with the wider city centre area. Dedicated
cycle lanes are provided on both sides of the main thoroughfares (Cork Street and New
Street South) into the city centre proximate to the site.
In summary, the subject site benefits from an excellent range of bus services and light rail
services in close proximity to the site, together with quality pedestrian and cycle facilities arising
from its inner-city location.
b) Development proposals incorporating increased building height, including proposals within
architecturally sensitive areas, should successfully integrate into/ enhance the character and public
realm of the area, having regard to topography, its cultural context, setting of key landmarks,
protection of key views. Such development proposals shall undertake a landscape and visual
assessment, by a suitably qualified practitioner such as a chartered landscape architect.
The proposed development of a 6-9 storey contemporary building with ground floor active uses
and BTR accommodation above will replace several 1970/1980s low-rise
industrial/warehousing/office buildings that front onto Newmarket Square, Ardee Street and
Mill Street. Archaeological and Architectural Heritage Assessments submitted with the
application note that none of the existing structures on site has architectural or historic
significance / merit.
This application is accompanied by a Verified Photomontage Booklet and a Townscape and
Visual Appraisal Report (TVA Report) prepared by Modelworks.
The Verified Photomontage Booklet contains the baseline views towards the site from 7 no.
locations in the surrounding area, views of the proposed development in the existing context
and views of the proposed development seen cumulatively with other permitted re-
development schemes in the surrounding area. It is noted that Appendix A of this Planning
Report & Statement of Consistency details the planning history of the immediately surrounding
area, illustrating the progression of the redevelopment of the Newmarket area in accordance
with the vision, objectives and guidance of the Dublin City Development Plan and the now
lapsed Liberties Local Area Plan.
The 7 no. verified viewpoints are taken from publicly accessible areas surrounding the site:
• To the north along Ardee Street;
Declan Brassil & Co. 17Ardee Street, Newmarket, Dublin 8 Material Contravention Statement
• To the east from Newmarket Square;
• To the west from Chamber Street and Weaver Park;
• To the south-west from Oscar Square; and,
• To the south from Sweeneys Terrace.
As illustrated in the CGI booklet, it is evident that the proposed development will provide a
high-quality contemporary building within inner city Dublin that successfully integrates within
its surrounding development context of an urban regeneration area. The height, form, massing
and finish of the proposed development will be seen in context of the surrounding permitted
developments of a similar height and scale, and the redeveloped Newmarket Square. Having
regard to the above, it is submitted that the proposed development sits comfortably within the
receiving environment and would not detract from the character and appearance of the area.
The submitted TVA Report is structured to provide a detailed overview of the receiving
environment, relevant national and city level planning policies, and the proposed development,
followed by an assessment of the townscape and visual effects. A summary of the findings of
the TVA Report is provided in Section 1.2.3.4 of this report, with the TVA Report concluding the
following:
‘the appraisal has found that the Proposed Development would protect and capitalise on
the unique character of the site and receiving environment while introducing a dense
residential neighbourhood of high architectural and urban design quality, delivering
compact growth and enhancement of the townscape and visual environment. In terms of
the townscape and views, the Proposed Development is appropriate to this location.’
c) On larger urban redevelopment sites, proposed developments should make a positive
contribution to place-making, incorporating new streets and public spaces, using massing and
height to achieve the required densities but with sufficient variety in scale and form to respond to
the scale of adjoining developments and create visual interest in the streetscape.
The overall site extends to 0.32 ha, with a net site area of 0.19ha excluding upgrades to
adjoining public roadways and is not considered to be a large redevelopment site. It is more
reasonably described as a medium sized plot. As such, the proposed development does not
provide for new urban roads or streets.
However, proposals have also been provided in the application to incorporate public realm,
parking and road upgrade works to Newmarket Square, Ardee Street and Mill Street adjoining
the proposed building, together with 2 no. junctions immediately to the north-west and south-
west. These proposals provide for:
• Improved pedestrian paths (min of 1.8m wide) around the frontage of the proposed
building onto Newmarket Square, Ardee Street and Mill Street, which are currently
substandard in terms of width and usability.
• Improved pedestrian crossing points at the 2 no. junctions in the immediate vicinity of
Declan Brassil & Co. 18Ardee Street, Newmarket, Dublin 8 Material Contravention Statement
the site through the provision of dropped kerbs and tactile paving.
• Formalisation of existing unregulated parking onto the eastern side of Ardee Street
through the provision of 5 no. additional public car parking spaces (incl. 1 no.
designated car share space) and a locating/services area.
• Associated and ancillary improvements to road markings and vehicular signage.
It is submitted that the height, form, massing and finish of the proposed development has been
carefully considered in the context of the redevelopment character of the area, the design and
finish of permitted and constructed developments in the vicinity and the specific design factors
of the site arising from its location at the western entrance to Newmarket Square and
substantial frontage onto adjoining public roads.
As detailed in the TVA Report, together with the Design Assessment Report, the proposed
development provides an appropriate architectural expression and urban design to the
streetscape of the area. The gradual stepped increase in height ensures that there is an
appropriate level of enclosure to the adjoining streets and integration with the height, form and
massing of the adjoining permitted or recently constructed developments, completing an urban
block bound by Newmarket Square to the north, Ardee Street to the west, Mill Street to the
south and Mill Lane to the east. The 9-storey element at the corner of Newmarket Square and
Ardee Street acts as an important wayfinding marker and entrance to Newmarket Square. The
proposed development also includes the provision of active uses and passive surveillance from
apartments at ground floor level to animate and activate the frontage of the site along
Newmarket Square, Ardee Street and Mill Street. It is submitted that the design, form and
height of the proposed development is generally in accordance with the design intent and
guidance contained in the lapsed Liberties LAP.
2. At the scale of district/ neighbourhood/ street
a) The proposal responds to its overall natural and built environment and makes a positive
contribution to the urban neighbourhood and streetscape.
The subject brownfield, infill site currently consists of 1970/1980s
industrial/warehousing/commercial buildings of no discernible architectural, historic or cultural
merit. The existing use of the subject site within an identified regeneration area in the inner city
is considered an inefficient and sub-optimal use of finite land and infrastructural resources.
Re-development around Newmarket Square, Mill Street, Cork Street and in the wider vicinity has
been proceeding apace in the last number of years, guided by the policies, objectives and
design guidance/criteria of the Dublin City Development Plan and Liberties LAP.
The proposed mixed use/BTR development will further contribute to the ongoing regeneration
of the Liberties area around Newmarket Square, providing a high-quality contemporary design
that integrates with the permitted Part 8 upgrade to the Square and recently
permitted/constructed development in the immediate vicinity. The proposed building ensures
the creation of a legible and identifiable entrance to Newmarket Square, providing a graduated
increase in height from the immediately adjoining office development to the prominent corner
of Newmarket Square and Ardee Street. Active uses are also provided on the ground floor level
Declan Brassil & Co. 19Ardee Street, Newmarket, Dublin 8 Material Contravention Statement to animate and activate the streetscape and proposed works to the surrounding roads and footpaths are provided to further enhance the usability of the public realm. For the reasons stated above, and the conclusions of the TVA Report prepared by Modelworks, it is submitted that the proposed development is responsive to the context in which it sits and would make a positive contribution to the streetscape. Further detail is also provided in the Design Assessment Report prepared by Reddy Architecture + Urbanism. b) The proposal is not monolithic and avoids long, uninterrupted walls of building in the form of slab blocks with materials / building fabric well considered. The Design Assessment prepared by Reddy Architecture + Urbanism and submitted with the application documentation details the rational for the built form and material finishes of the proposed development. The proportionality and massing of the development is well considered to avoid long uninterrupted walls through the incorporating variations to the height, material finish and fenestration patterns on all elevations. The proposed development incorporates graduated increased in height from 6 storeys on the eastern boundary with an adjoining office development to 9 storeys at the north-western corner of the site at the junction of Newmarket Square and Ardee Street. The height, form and mass of the proposed development is integrated with the redevelopment context of the surrounding area and the permitted developments in the immediate vicinity. The Design Assessment states that the fenestration pattern and changes in material and colour finishes provides 3 no. distinct facades presenting to the surrounding streetscape. These changes in materiality and finish, together with height variation breaks up the mass and form of the building while also providing sufficient enclosure and activity to the streets. The Design Assessment also describes the durability and quality of the intended key materials and finishes of the proposed building. Reference images of projects where similar materials have been used is provided. The selected colour, tones and texture of materials and finishes have been carefully considered as part of an iterative process in the preparation of CGIs and verified views to ensure the development compliments its surroundings and to avoid any adverse visual impacts in this regard. c) The proposal enhances the urban design context for public spaces and key thoroughfares and inland waterway/ marine frontage, thereby enabling additional height in development form to be favourably considered in terms of enhancing a sense of scale and enclosure while being in line with the requirements of “The Planning System and Flood Risk Management – Guidelines for Planning Authorities” (2009). The site fronts a significant public square to the north (Newmarket Square). The subject scheme provides a strong edge condition onto Newmarket Square, and a distinctive, legible corner at the Newmarket Square/Ardee Street junction in keeping with the former Liberties LAP urban design objectives, with suitable active uses (commercial/retail unit) fronting onto this space. In terms of the scheme’s potential to enhance the sense of scale and place onto Newmarket Square, its contribution is appropriately considered on a cumulative basis with the permitted redevelopments around Newmarket Square, Ardee Street, Cork Street and Mill Street as detailed Declan Brassil & Co. 20
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