An apartment in the Grattan Wood apartment block had been refused planning permission by Dublin City Council for “change of use for a domestic house to a children’s residential house.” The block was the location of a violent incident on Wednesday morning.
The application was made by Baig and Mirza Real Estate Limited on September 12, 2024, and refused an exemption by the City Council planners on October 16 last year.
The Planners Report dated October 10, 2024, which informed the decision to refuse an exemption referred to Class 14 development as set out in the exemptions covered by Schedule 2, Part 1, of the Planning and Development Regulations 2001 (as amended).
This allows change of use “(f) From use as a house, to use as a residence for persons with an intellectual or physical disability or mental illness and persons providing care for such persons. Subject to conditions and limitations as follows: The number of persons with an intellectual or physical disability or a mental illness living in any such residence shall not exceed 6 and the number of resident carers shall not exceed 2.”
That was relevant to the Grattan Wood application because as the report states: “The applicant seeks a determination as to whether planning permission is required for change of use for a domestic house to a children’s residential house. The dwelling, an apartment on the second floor of an apartment block, is to be used as temporary accommodation for young people aged 15-18 seeking international protection. It is further stated that “none of the children have any intellectual or physical disabilities or mental illnesses that [they] are aware of”.
The application was refused on the basis that “While the applicant wishes to house children seeking international protection the change of use exemptions set out in the Regulations under 14(h) & (i) do not apply to a dwelling.”
Residential accommodation is almost unique in being excluded from a long list of premises that can be granted an exemption from normal planning regulations for use as asylum accommodation.
That is specifically referred to in the report where it states that “the exemption class allowing for change of use of a building to accommodation for protected persons under the Planning and Development Regulations 2001 (as amended) Schedule 2 Part 1 Exempted Development Class 14 (h) & (i) does not apply to a domestic dwelling.”
The fact that privately operated companies contracted by Tusla fall outside of the normal regulation and inspection procedures under the Health Information and Quality Authority (HIQA) is a separate issue to the planning process. They are designated as Special Emergency Arrangements.
Baig and Mizra are one of the major contractors who provide care services to Tusla. Last year it was revealed that the company had received more than €43 million in payments from Tusla since 2020.
Baig and Mirza trade under several names including Kare Plus South and Baig and Mirza Gulf Holdings. The latter company is the beneficial owner of the others and is jointly owned by Muhammad Usman Baig and Farhan Mirza.
Gript contacted the Dublin City Council planning department on Wednesday evening and again on Thursday morning to ask if the apartment in question had been refused an exemption. We have received no acknowledgment or response.
We also contacted Tusla and Baig and Mirza and are awaiting a response from them.
A Ukrainian teenager who had sought temporary protection in Ireland just days earlier was fatally stabbed in an apartment. Gardaí are seeking to question a Somalian teenager who is currently in hospital with non-life threatening injuries.