Planning permission upheld where 18th- and 19th-century structures are not protected

Applicant preservation society - notice party developer - applied to city council for permission to demolish light industrial structures and replace with a shared accommodation scheme with 132/150 bed spaces - preservation society made submission to city council -conservation officer recommended refusal of application due to impact on protected structures - respondent An Bord Pleanála granted permission - following inspectors report - subject to 20 conditions - condition 2 required hobs in the kitchens of the dwellings - condition 3 required rooms to be for single occupancy - developer then applied for second extension - including removal of condition 2 - second extension granted - applicant seeking order of certiorari quashing decision of respondent planning appeals board - court considered three main headings (1) protected structures (2) condition 2 (3) condition 3 - consideration of test to determine curtilage - arguments re condition 2 - board failed to have regard to department guidelines - there was a breach of public participation requirements - lack of reasons - three days of dense expert evidence - 19th century archway - 18th century paving stones - whether archway is part of the curtilage - Architectural Heritage Protection Guidelines 2011 - court concludes that 19th century archway - 18th century paving stones are not protected structures - ordered action be dismissed.