Not overlooking my kitchen’ – Green Party housing TD objected to 330 new homes on land next door to him
“Everyone should have a roof over their head,” the Green Party manifesto says. Not included though is the caveat: “Unless that house overlooks the home of a Green Party TD.”
The Green Party’s housing spokesman objected to more than 300 new homes being built in an empty field beside his house.
The TD’s primary grievance against the south Co Dublin development was that the garden of a house “overlooks our kitchen”.
The new development included a cycle lane that connected with the TD’s existing estate and ran past his house.
Francis Noel Duffy has written the Green Party’s manifesto on housing, including “building more homes in the right places” and a referendum on the “right to housing”.
Yet the Dublin South-West TD objected to the height of the new development of “two to five storeys”.
The house overlooking his kitchen was “a two-storey unit”.
Aside from overlooking his house, Mr Duffy also objected to the height and density of the development
Mr Duffy got planning permission to convert his own third-storey attic, and his estate already contains an apartment complex of four storeys.
The personal planning objection as a local resident was addressed and signed “Francis Noel Duffy TD”.
Mr Duffy says he is in favour of housing development “when proposals comply with the democratically mandated development plans”.
The 330-unit housing development was granted planning permission. The permission was subsequently overturned in the High Court.
Mr Duffy is married to Culture Minister Catherine Martin. She did not submit any objection to the development.
Aside from overlooking his house, Mr Duffy also objected to the height and density of the development.
He defended his stance yesterday when asked how it tallied with the Green Party policies on housing.
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“I am in favour of housing development, when proposals comply with the democratically mandated development plans,” he said.
“My observation was made to draw attention to the proposal contravening height restrictions in upland areas of the local authorities 2014 Ballycullen-Oldcourt Local Area Plan and 2016 Development Plan. The proposal contravenes the Local Area Plans’ Accessibility and Movement Strategy,” he said.
However, An Bord Pleanála inspectors rejected his views on overlooking, height and density.
The development on the greenfield site beside their home was put in three years later for 329 residential units – including 140 houses and 189 apartments – with a childcare facility.
The proposed development included a “possible pedestrian/cycle connection” to Mr Duffy’s estate. This cycle lane would have run right across the road in front of the Green TD’s house.
I was aware when purchasing that an estate would be built beside us, therefore do not have a problem in principal to building homes on zoned land
Mr Duffy’s objection in 2021 said he had lived in his home since 2007.
He and Ms Martin were granted planning permission six years ago for two single-storey extensions to their house and an attic conversion with a dormer window.
The two extensions comprised a pitched roof extension at the gable end and a mono pitch extension at the back.
The renovations involved moving the kitchen from the front to the middle of the house and installing a “rain garden”.
“I was aware when purchasing our home that an estate would be built beside us, therefore do not have a problem in principal to building homes on zoned land,” he wrote in his planning observation.
The application was under the fast-track Strategic Housing Development (SHD) process for large-scale developments, which bypasses the county council and goes straight to An Bord Pleanála (ABP) for assessment.
“However, I have a number of concerns I would like to inform ABP of, when they consider this SHD application. Namely, the contravention of the 2014 Ballycullen-Oldcourt Local Area Plan and the subsequent 2016-22 Development Plan,” he wrote.
An architectural image of the 329-home development in south Co Dublin
Mr Duffy said: “The garden of the proposed house adjacent is made up of fill and terraced where each level overlooks our kitchen.”
He also said the finished floor level of the proposed house would be “circa 3.8m higher” than his own.
“The proposed house is a two-storey unit, which contravenes SDCC’s 2014 Ballycullen-Oldcourt Local Area Plan Objective BF8 which restricts development to one storey at street level on the Upper Slope Lands, two storeys at street level on the Mid Slope Lands and three storeys on the Lower Slope Lands. Please note, this development is on the upper slope lands!” he wrote.
An Bord Pleanála granted permission for the development, but that decision was overturned by the High Court last year following a judicial review. The site remains undeveloped and its future is unclear.
But the inspector for An Bord Pleanála rejected the concerns about overlooking raised by Mr Duffy and some of his neighbours.
“Residents of adjacent dwellings have raised serious concerns about overlooking from the proposed development. The western and northern boundaries of the development are lined with two-storey houses that are set back adequate distances from site boundaries and/or orientated to obviate overlooking,” the inspector said.
The childcare demands could be satisfactorily accommodated by the childcare facility within the development
“I am satisfied, therefore, that the development will not have any significant adverse impacts on residential amenities by way of overlooking.”
An Bord Pleanála senior planning inspector Sarah Moran recommended permission be granted to the development with conditions attached, and rejected a range of objections.
“The proposed development is regarded as acceptable in principle on these zoned lands on the edge of the urban area and comprising part of the wider development of this area,” she said.
Ms Moran said the estate would materially contravene parts of the development plan and local area plan, but “it is considered that these contraventions are justified”.
“I consider that the design, density and layout is acceptable on these lands and that satisfactory levels of residential amenity would be achieved,” she said.
The inspector said the childcare demands could be satisfactorily accommodated by the childcare facility within the development.
Irish Water had to upgrade the networks and “I note that the planning authority have not raised any objections in relation to flood risk”.
Green Party housing spokesman Francis Noel Duffy TD in his party’s manifesto
Mr Duffy is due to appear on the campaign trail with Green leader Roderic O’Gorman today. He made a separate objection, along with a party councillor, from his Leinster House office address.
In that letter, sent on the same day as his personal objection, Mr Duffy raised concerns about Strategic Housing Developments, the low commencement and completion rates and lack of meaningful democratic public consultation.
They had specific concerns about the height and density of the development.
“The construction of six apartment blocks, ranging in height from two to five storeys, is out of keeping with the existing development in the area and is excessive,” the objection said.
