3892/22

PROTECTED STRUCTURES: For development at this site, 28 Fitzwilliam Square South, Dublin 2 D02 XF88 and 28 Kingram Place, Dublin 2 D02 YE86 Protected Structures. Works to the main house include the demolition of extensions to the rear at ground and first floor. The removal of internal partitions and screens at first and second floors and a new opening between the ground floor reception rooms. Alterations to basement layout and partial excavation of basement floor for services. Alterations to the internal layout of rooms at ground floor return, first floor return, second floor and third floor. Construction of a sunroom at ground floor rear with a balcony at first floor return level and access steps to the rear garden. The removal and replacement of a number of non-original window sashes and the reinstatement of the window to the stairs. New french doors from first floor return to new balcony. Repointing of the brick facades front and rear. Reinstatement of a leaded fanlight to the front door. The insertion of bathrooms and a kitchen with associated services. New mechanical and electrical services with underfloor heating at ground floor level and heat pump with external unit. The addition of solar panels to the roof. Works to the mews include the change of use of the first floor to a one-bedroom flat, ancillary to the main house. The replacement of the roof with the inclusion of a roof light at ridge level and solar panels. New windows and doors. New kitchen and bathroom with associated mechanical and electrical services. Removal of cement render to north elevation and repointing of brick and stone to front and rear.

Granted

Core Planning Reasoning

The Inspector recommended the grant of the appeal by directing the Planning Authority to delete development contribution conditions (Conditions 2 and 3) because the development does not involve the creation of a new residential unit nor a net increase in floor area exceeding the 40sqm exemption threshold.

Decision Maker's Conclusion

  • The historic plot of No. 28 Fitzwilliam Square South has never been subdivided, and the mews at 28 Kingram Place remains an integral and ancillary component of the main protected structure.
  • The residential use of the upper floor of the mews is established and has not lapsed; therefore, no new independent dwelling unit is being created that would trigger Section 48 or 49 contributions.
  • The proposed sunroom replaces larger existing extensions, resulting in a net reduction of the building footprint and falls below the 40 square metre exemption limit for floor area levies.

Cited Policies (CDP)

Zoning Objective Z8 - Georgian Conservation AreasChapter 11 - Built Heritage and ArchaeologySection 48 Development Contributions Scheme 2020-2023Section 49 Supplementary Development Contribution Scheme (LUAS Cross City Project)

Decision Document Summary

The proposal involves major external and internal works to No. 28 Fitzwilliam Square South, a four-storey over basement Georgian townhouse and protected structure. Works include the demolition of existing rear extensions and the construction of a new sunroom, alongside the refurbishment of a mews building at 28 Kingram Place for ancillary residential use. The appeal is a first-party challenge specifically against the Planning Authority's decision to attach Section 48 and Section 49 development c...
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