Core Planning Reasoning
The Inspector recommends a grant of permission and the amendment of Condition 2(a), concluding that the planning authority's required 1m setback from the rear boundary would result in unusable land and substandard internal space, and is unnecessary for protecting residential amenity given the revised design's height reduction.
Decision Maker's Conclusion
- The 1m separation from the rear boundary required by the Planning Authority would result in a strip of unusable land and a reduction in internal room quality, which is not warranted by the site context.
- The revised proposal, which includes a reduced ceiling height of 2.5m, is not unduly visually dominant or overbearing and will not negatively impact the residential amenity of neighboring properties.
- Boundary matters raised by observers are civil issues outside the remit of the planning appeal, though the extension must be constructed entirely within the subject site's boundary.
Cited Policies (CDP)
Dublin City Development Plan 2022-2028Zoning Objective Z1Appendix 18 (Section 1)Section 139 of the Planning and Development Act 2000 (as amended)Section 34(13) of the Planning and Development Act 2000 (as amended)Development Management Guidelines 2007 (Section 5.13)
Decision Document Summary
This report concerns a First Party appeal against a single condition (Condition 2a) of Dublin City Council's decision to grant permission for a 30sqm single-storey rear extension and front boundary works at 65 Serpentine Avenue. The site is a dormer dwelling in an established residential area zoned 'Z1' to protect and improve residential amenities. The Planning Authority's condition required the extension to be set back 1m from the rear boundary to protect the amenity of neighboring units. The a...SOURCE PDFOpen Original
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