A planning exemption has been granted for some aspects of a controversial redevelopment of Kenilworth Square in South Dublin which “outraged” locals have claimed will be “stadium-like”.
In July, St Mary’s College in Rathmines lodged an application seeking a declaration under section five of the Planning and Development Act as to whether some aspects of the redevelopment could be classified as exempt.
Dublin City Council has since granted the application, classifying the replacement of natural grass on the existing rugby pitch with an artificial grass surface pitch as exempt from planning permission.
The installation of 1.2-metre fencing around the boundary of the proposed all-weather pitch and the reconfiguration of the two pitches to accommodate one full-size playing field were also classified as exempt from planning permission.
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Protect Kenilworth Square, a campaign group “vehemently opposed” to the plans, said the wider community is “outraged” by the exemption.
To date, almost 2,000 people have signed a petition objecting to the overall plans which would also see the erection of six 18m-high floodlights, and the construction of a car park and a new pavilion for changing rooms.
The plans previously mentioned a spectators’ area; however, this component has since been removed from a website detailing the development.
Martin Joyce, a spokesman for Protect Kenilworth Square, described the decision by Dublin City Council as “extremely disappointing”.
As section five exemption requests prohibit any submissions, third-party observations, or a third-party appeals process, the only objection route is through a judicial review, he said – “a very costly and time-consuming process”.
“Section five exemption requests are for ‘small-scale developments’ such as garden sheds and rear extensions, to ensure local authority planners can operate in an efficient manner and decide on developments that actually require planning permission,” he said. “It’s a radical development and change of use, so it should not be exempt from planning.”
Mr Joyce claimed the overall plans detail a park that “will in time become a full-blown rugby ‘stadium-like’ amenity in the centre of one of Dublin’s few intact Victorian squares, which is surrounded by 86 protected structures.”
Residents surrounding the square have long claimed the proposed redevelopment will commercialise the square, pose significant disruption to the community and cause “irreversible damage” to biodiversity, nature preservation and heritage.
Although the school has previously declined to comment on the development and the backlash from residents, a dedicated website for the proposals, which is currently under maintenance, describes it as “a non-profit making project”.
It says that sports clubs which use the grounds will pay a contribution towards its opening and maintenance, while the project will be funded by donors.
“St Mary’s is a school, not a business. And in addition, there will be no cost to the taxpayer,” it reads.
Through the website, the school also denied damage to ecology, saying: “Everything is being done in line with nature conservation.”
It adds: “We have received a very positive response from many residents in the locality and children’s sports clubs to the news that Kenilworth will get an all-weather facility.”
Residents have also claimed several trees which are due to be removed under the plans date back to the 1860s. However, the school, which is proposing to remove eight trees, claimed that none date back to the 19th century but to the 1950s, while 74 new trees will be planted in their place.
The website also details how the 18m-high pitch lights will have “no spillage” on to the path and will be turned off at a “reasonable time”.
A spokeswoman for Dublin City Council said it could not comment as the decision remains within the appeal and judicial review period.
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