3870/22

RETENTION & FULL PERMISSION : Retention permission for (i) subdivision of ground-floor retail unit (spanning Nos. 61 & 63) to revert to two independent retail units, and (ii) demolition of ancillary store to rear (9.9 sqm), together with (iii) associated elevational alterations and (iv) the reinstatement of customer entrance to front at no. 61. In addition, planning permission is also sought for (i) subdivision of retail unit 1 (at no. 61) to convert existing ancillary office use at first-floor level (through a change-of-use) to a self-contained office unit, together with installation of obscure glazing to rear elevation at first-floor level, (ii) Internal-subdivision of retail unit 1 (at ground-floor level) to provide a reduced retail unit (retail unit 1, measuring 28.04 sqm) and to accommodate (through a change-of-use) residential floorspace at the rear portion of unit 1 (37.4 sqm), to combine with the construction of a new two-storey residential building to rear courtyard (to rear of no. 61) to create 1no. two-storey 2-bed dwelling unit, including internal courtyard to provide private open space, and bicycle parking , bin storage and the provision of 1 no. parking space to rear utilising the existing access from laneway to rear (all serving the proposed dwelling unit) as well as all associated site development works.

Refused

Core Refusal Reason

The development constitutes overdevelopment of a restricted site, resulting in a substandard dwelling with poor internal configuration, inadequate private open space, and insufficient separation distances, alongside a problematic commercial waste management strategy.

Decision Maker's Conclusion

  • The 2-bedroom residential unit is substandard as the living accommodation is split across two separate buildings linked only by an external courtyard, providing a poor level of residential amenity.
  • The proposal fails to meet minimum Development Plan standards, specifically regarding private open space (28sqm provided vs 40sqm required) and back-to-back separation distances (5.343m vs 15m required).
  • The proposed waste management strategy for the commercial units is sub-optimal and circuitous, lacking sufficient on-site storage within the curtilage.

Cited Policies (CDP)

Z3 Zoning ObjectiveChapter 2 (Core Strategy)Section 2.2.2 (Population and Housing Targets)Section 2.7.4 (Development Management)Chapter 5 (Quality Housing and Sustainable Neighbourhoods)Policy Objective QHSN6 (Urban Consolidation)Chapter 15 (Development Standards)Section 15.11 (House Developments)Section 15.11.3 (Private Open Space)Section 15.13.4 (Backland Housing)

Decision Document Summary

This appeal relates to a site at 61-63 Saint Assam's Park, Raheny, a commercial terrace zoned Z3 (Neighbourhood Centre). The applicant, Hex3 Limited, sought retention for the subdivision of a retail unit and permission for a first-floor office and a new two-storey 2-bedroom dwelling to the rear. The proposed dwelling was designed as a 'split' unit, with living and utility spaces in the existing building and the kitchen and bedrooms in a new detached backland structure, connected only via an open...
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