Text of An Bord Pleanála decision on Dartmouth Square
Below is the text of the decision today by An Bord Pleanála to uphold the Compulsory Purchase Order (CPO) placed on Dartmouth Square by Dublin City Council:
An Bord Pleanála
LOCAL GOVERNMENT (NO.2) ACT, 1960
HOUSING ACT, 1966
PLANNING AND DEVELOPMENT ACTS 2000 TO 2004
Dublin City Council
APPLICATION received by An Bord Pleanála on 27th March, 2006 from Dublin City Council pursuant to section 76 of, and the Third Schedule to, the Housing Act, 1966 as extended by section 10 of the Local Government (No. 2) Act, 1960 (as substituted by section 86 of the Housing Act, 1966) and the Planning and Development Acts 2000 to 2004, for confirmation of a compulsory purchase order dated 20th March, 2006 authorising compulsory acquisition of lands and entitled “Dartmouth Square Area Compulsory Purchase (Amenity) Order, 2006”.
DECISION
CONFIRM the above compulsory purchase order without modification based on the reasons and considerations set out under.REASONS AND CONSIDERATIONS
Having regard to:
(i) the provisions of the current Dublin City Development Plan,
(ii) the existence of the park comprising the relevant lands as an element of an architectural “set piece” comprising of Victorian terraced houses overlooking a railed garden or open space where the terraced houses are protected structures,
(iii) the history and pattern of use of the relevant lands,
(iv) the recent failure of the owner(s) or reputed owner(s) to facilitate reasonable unfettered public access to the lands,
(v) the purposes for which the lands are to be acquired as set out in the compulsory purchase order,
(vi) the objection made to the compulsory purchase order, and,
(vii) the report of the person who conducted the oral hearing into the objections,
it is considered that the acquisition of the lands which are suitable for the intended purpose by the local authority would satisfy a community need and would be in accordance with and give effect to the objectives of the current Dublin City Development Plan. It is also considered that the acquisition of the land by the local authority for the purposes stated in the compulsory purchase order is necessary in the absence of alternative methods of satisfying the identified community need. It is further considered that the objection made cannot be sustained having regard to the said necessity.