Blackrock residents have challenged plans by Frank Cruess-Callaghan to build 40 apartments in three curved blocks at Ferndene, on Deansgrange Road in Blackrock, Co Dublin.
One local called the scheme's design "objectionable", of a "Torremolinos philosophy" with "sweeping ski-slope roofs", while a neighbouring couple say the development goes against the spirit of an agreement made some years ago.
Eight appeals were lodged to An Bord Pleanála by individuals and residents groups against permission granted by Dún Laoghaire-Rathdown County Council for the scheme. The Cruess-Callaghans put the house on the market over three years ago but withdrew it when it failed to reach the guide of €3.81m.
Ferndene, with four bedrooms and three reception rooms, sits on 1.4 acres and has frontage on the westside of Stradbrook, close to the junction of Stradbrook Road. David and Alexandra Blair who live at Cranwell, on Rockville Crescent, say the development is in contravention of the Indenture of Conveyance (dated August 18th, 1980) between Ita Cruess-Callaghan, AIB and Burncourt Properties Ltd, and which was renewed by successive owners of Cranwell including the Blairs in 1991.
Their appeal says: "The indenture specifies that there should not be built any dwelling other than single storey buildings for residential use and though permission was granted for a two-storey residence there is ongoing requirement that such buildings should not overlook the grounds and gardens of Ferndene.
"We feel that such an indenture is only just and reasonable if reciprocal for both parties and feel that the proposed development goes against the spirit of the original indenture, especially as it is proposed that the part of the development overlooking Cranwell is three-storey building."
A joint appeal by residents in neighbouring houses on Rockville Crescent, to the rear of Ferndene House, expresses concern about overlooking, overshadowing and loss of mature trees.
While they say they welcome planning conditions that address the overlooking issue - and which require two first floor units to be omitted in one block and a second floor balcony in another - they do not believe that their objections regarding overshadowing and visual impact caused by the proposed western block have been addressed. Another appeal by a number of residents of Rockville Crescent says that the area cannot sustain a medium/high density infill scheme without destroying the amenities of adjoining buildings due to its location, configuration and the absence of good public transport. It suggests a reduction in density, which would enable a redesign. It says that with only 50 car-parking spaces, many residents of the 40 apartments will have to park on adjoining estates. An appellant with an address at Rowan Park Blackrock says a previous planning application by the owner was refused on the grounds of density, height, bulk and scale and high plot ratio, and "in the opinion of residents of the area, including Rowan Park, Rowan Park Avenue and the Rockville estate, the new design is even more objectionable".
It says the proposed entrance to the development would constitute a traffic hazard on a dangerous stretch of road.
