Bid to convert Cork City office block into IPAS centre not an exempted development, commission rules

Owner of the Cube building, Cherryinn Limited, outlined plans to convert the basement, ground, first, second and third floors of the Cube building into accommodation for refugees and asylum seekers 

The Cube building on Monahan Road,

The planning commission has ruled that a bid to convert a Cork City commercial property into temporary accommodation for refugees and asylum seekers does not constitute an exempted development. 

Cherryinn Limited submitted plans to Cork City Council in May last year to convert several floors of the Cube building on Monahan Road into residential accommodation for International Protection Applicants. Management sought to understand if the plans constituted an exempted development. 

In March, Cork City Council referred the application to An Coimisiún Pleanála, which considered whether portions of the building could be converted into accommodation for asylum seekers without planning permission.  

These portions included the basement, ground, first, second and third floors of the Cube building. 

The Cube office block on Monahan Road, Cork City docklands. Picture: Larry Cummins

The Cube building was constructed in 2007 and was formerly known as ‘Phoenix House’. Regus took over the top floor of the building and has since expanded to offer co-working spaces and offices in the building. Companies Dassault Systèmes and Microchip also have offices in the building.

Both Dassault Systèmes and Microchip wrote to the commission outlining concerns about the development. These included potential traffic hazards resulting from the development, the nature of activity arising from the new use of the basement area, and concerns relating to the operation of the building such as common areas and how business could proceed on a daily basis.

In its decision, An Coimisiún Pleanála ruled that the plans did not constitute an exempted development and would require planning permission to proceed.

That was despite a recommendation from an inspector who concluded that the plans should constitute an exempted development. 

The planning commission said there was "no evidence" that the temporary change of use of the commercial building to an IPAs centre is by or on behalf of the Minister for Children, Equality, Disability, Integration and Youth, meaning that the development did not come within the scope of class 20F of schedule 2 Part 1 of the Planning and Development Regulations (2001), which was cited by the developers in its application.

"In deciding not to accept the recommendation of the inspector, the commission noted the commentary of the inspector that no documentation was provided in relation to the requirement that the change of use was being carried out by or on behalf of the Minister, which is a specific requirement as set out in the legislation," it said in its decision. 

An Coimisiún Pleanála also noted the "expressed concerns" of third parties in its decision.

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