An apartment scheme in Dublin 6 has been refused permission by An Bord Pleanála because it interferes with the setting of a protected building.
Eugene Renehan's Walthill was looking for permission to build 83 apartments around Dartry House, a large Victorian house in Rathgar.
The property was previously owned by the Mill Hill Missionaries who operated St Joseph's retirement and residential centre from the site.
Dartry House, a protected structure, and other adjoining buildings - all set on 3.9 acres at Orwell Park - were sold to Renehan for around €30 million in 2005.
The developer was looking for permission to demolish all buildings on the site, apart from Dartry House, and build five four-storey apartment blocks and convert the outbuildings of Dartry House into eight apartments.
The proposal did not involve works to Dartry House itself, but an additional planning application is anticipated for the conversion of Dartry House into nine apartments.
It was proposed that a formal garden would be refurbished and incorporated into the scheme.
The planning board said the development would involve severing the protected structure from its curtilage and setting.
The height of the apartment blocks and their proximity to the road would also seriously injure the amenity of the residential property, the board stated.
"Dartry House is an integral element of the locality's architectural and historical heritage. Its setting and status will be greatly diminished by this proposal," the planning board's inspector noted.
Dublin City Council gave planning approval to the scheme last year but this was appealed to An Bord Pleanála by residents who argued that the density and height were out of character with the area.
Rathgar Residents Association and Orwell Park Residents Association were among appellants to the scheme.
Tánaiste Michael McDowell also wrote a letter of observation to the planning board requesting that the concerns of objectors be taken into consideration.
The site is a portion of the original Mill Hill Missionaries site, which was subdivided and has been the subject of a number of planning applications in the last four years.
To date, a three-storey nursing home has been permitted and constructed on part of the site.
Three large three-storey detached dwellings have been permitted and are currently under construction along Orwell Park, and permission for 21 houses and apartments at 59 Orwell Park Road, just west of the subject site, has also been granted.
