Dublin City Council has outrightly declined the needed approval for the construction of a 14-level apartment complex at Herbert Park, a historic location where Michael Joseph O’Rahilly’s residence, who was the sole leader to lose his life in the 1916 Rising, once existed. Currently, the site has been granted authorisation for a 12-level building. Derryroe Ltd, an enterprise under the ownership of the administrators of Herbert Park Hotel, the McSharry and Kennedy families, made an appeal for the inclusion of two more levels.
In an event that raised eyebrows, Derryroe levelled the residence in Ballsbridge in September 2020, amidst ongoing deliberations regarding the potential declaration of the property as a Record of Protected Structures (RPS). Facing the unauthorised demolition, the council initiated legal proceedings against Derryroe and Pembroke Place Developments, a construction company. The issue was resolved in November 2022 as Pembroke Place Developments agreed to the violation of planning permission and was directed to donate €3,000 to a charitable organisation in order to evade a legal conviction.
In retaliation to Derryroe’s Large Scale Residential Development plea for 36, 38 and 40 Herbert Park and 10 Pembroke Place, the council handed out a divided judgment of denial and consent. It rejected the appeal for two extra stories, maintaining that it would be aesthetically unsuitable given the existing low-rise structures in the surrounding area adjacent to Herbert Park.
The council also found that adding a vertical extension of such magnitude would negatively affect the structural integrity of the permitted proposal, consequently deeming the addition unjustifiable under these conditions. Furthermore, the council deduced that the proposed extension of two levels would set a dangerous precedent for incompatible development, running afoul of the guidelines in the Dublin City Development Plan.
The council’s planning report noted that the local body was not convinced that adding two additional levels served a persuasive architectural and urban design argument that would positively benefit the urban character of the surrounding area. Notably, the council consented to an extra level to an adjacent block, resulting in a seven-story formation. However, the application fell short of proposing an increase to the already sanctioned 103 apartments.
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