Minister orders reversal of Dalkey/Killiney housing ban

Restrictions on build-to-rent also removed from Dún Laoghaire-Rathdown development plan

Minister of State for Planning Peter Burke has ordered Dún Laoghaire-Rathdown County Council to scrap a ban on new homes in large parts of Dalkey and Killiney in south Dublin.

Councillors had included a provision in the new county development plan, which came into force this week, mandating “no increase in the number of residential buildings will normally be permitted” in significant parts of the coastal suburbs.

The Office of the Planning Regulator (OPR) had objected to the ban arguing it was “an unnecessary restriction” on sustainable development. However, councillors refused to remove the measure from their 2022-2028 development plan.

Regulator Niall Cussen subsequently asked Mr Burke to issue formal directions to the council to reverse its decision.


In a draft direction to the council, Mr Burke has ordered the provision to be deleted on the grounds it was inconsistent with national and regional policies relating to “compact growth” and the intensification of development on infill lands. It would also undermine the development plan core strategy and the alignment of growth with “high-quality public transport systems,” he said.

The provision was also not “necessary or reasonable,” he said, given the provisions in the development plan protecting the heritage, character and amenities of the area.


Mr Burke also ordered the removal of restrictions on build-to-rent (BTR) developments in the plan which would have required 40 per cent of the apartments in BTR schemes to have three bedrooms. The planning regulator had also objected to this provision on the grounds the ministerial guidelines on BTR schemes do not permit restrictions on dwelling mix.

Mr Burke noted the development plan was inconsistent with the recommendations of the planning regulator.

Submissions on the draft direction can be made to the council until May 4th. However, council planners have told councillors the provisions in relation to Dalkey and Killiney, and the BTR schemes were “taken not to have come into effect” when the county development plan 2022-2028 came into force on Thursday.

Olivia Kelly

Olivia Kelly

Olivia Kelly is Dublin Editor of The Irish Times