A developer has successfully appealed to An Bord Pleanála a decision by Dún Laoghaire-Rathdown County Council to refuse permission for the retention of cobbleset paving outside his building in Dún Laoghaire, Co Dublin.

Following his victory, architect and developer Neil Burke-Kennedy of NBK Designs criticised Dún Laoghaire-Rathdown County Council for making it difficult for developers to make "a positive contribution" to the areas they build in.

He claims he reached agreement with the council to extend the granite paving to the kerb line outside his Workman's Club, an office and retail development on George's Street.

The plan, he says, was that the council would continue the paving design around by the adjacent Carnegie public library. The roads and maintenance departments "were not only consulted but actively involved in the selection of contractor and materials and design specification. The lighting department was involved in the choice of street lighting."

He was asked to submit a planning application for retention of the development and was subsequently refused permission by the council on the grounds he might not have sufficient legal interest to carry out the development because the council owns part of the kerb. The council also had concerns that the granite surface would be unsafe for the visually and mobility impaired.

But An Bord Pleanála overruled its own inspector's recommendation and decided in favour of the development, saying the cobbled footpath is "acceptable in terms of public safety". A condition was attached that the granite should be grouted or treated to provide a suitable surface.

When asked to comment on its position, a spokesman for Dún Laoghaire-Rathdown County Council said the paving "wasn't put down properly" in its view and didn't form part of the original planning permission for the refurbishment of the Workman's Club.

"Regardless of who said what to who and who promised what, the bottom line is the surface wasn't suitable," said the spokesperson.

When asked his view on why An Bord Pleanála was not concerned about the legal interest issue, he replied: "That's not one for me to answer."