An Bord Pleanála has refused planning permission for a residential development at the former Ashurst Shell petrol station on the Stillorgan Road in Blackrock, Co Dublin because it would result in a "substandard" level of residential amenity for future occupiers.

This decision upholds a previous ruling by Dún Laoghaire Rathdown County Council. Another reason Earlsfort Centre Developments - which is controlled by the Gallagher family - lost its first party appeal to the board for the 43-unit residential development was because of its "height and scale and design", which included single aspect apartments and was facing a busy dual-carriageway. The proposal was for two apartment blocks - the taller rising to seven storeys.

Ashurst is only one of a number of former petrol stations around the city that has been sold for residential development following the rationalisation of petrol filling stations because of the high value of the sites and the tight profit margins on fuel sales.

Earlsfort Centre Developments bought the Ashurst filling station in May 2006 for a figure in the region of €11.5 million.

In its first party appeal to the board, the architects O'Mahony Pike argued on behalf of the developer against Dún Laoghaire Rathdown County Council's decision to refuse planning permission.

The council turned the scheme down on the grounds that the design, bulk and scale of the development and its proximity to the site boundaries would result in "overlooking and overshadowing" of adjacent properties and be overbearing when viewed from adjoining properties.

However, O'Mahony Pike argued that the tallest block is of a similar scale to that of an adjoining seven-storey apartment building but also steps down to three storeys so as to provide gradual transition between adjoining houses.

It said the design of the façade of the building was contemporary which would give some relief to the "linear rigid appearance of other buildings along Stillorgan Road".

In its decision to refuse planning permission An Bord Pleanála also cited the internal layout of the development and its inadequate setback from its front boundary which it said would injure the visual amenities of the area and have an overbearing impact on adjoining properties.