3653/22

PROTECTED STRUCTURE: 38 Mountpleasant Avenue Lower is a Protected Structure. The development will consist of:- 1) Construction of a 2 storey, 2-bedroom flat-roof mews dwelling with ground level garden and courtyard; 2) Landscaping, boundary, treatments and associated site works and services.

Refused

Core Refusal Reason

The Inspector recommends granting permission, overturning the Planning Authority's refusal, on the basis that the proposal is in accordance with the Z2 zoning objective and contemporary mews development standards, particularly regarding car-free development in accessible urban areas.

Decision Maker's Conclusion

  • The proposed mews dwelling is consistent with the Z2 zoning objective of the Dublin City Development Plan 2022-2028 which seeks to protect and improve the amenities of residential conservation areas.
  • The car-free nature of the development is considered acceptable and justified given the site's central and highly accessible urban location within walking distance of the city centre and public transport.
  • The design and proposed setback appropriately address previous concerns regarding lane width and impacts on the character and setting of nearby protected structures and the wider conservation area.

Cited Policies (CDP)

Objective Z2Section 15.13.4Section 15.13.5Appendix 5, Section 4.3.8Policy BHA 2Policy BHA 9Policy BHA 14Objective BHAO5Section 16.10.16 (2016-2022 Plan)

Decision Document Summary

The application seeks permission for a 102sqm, two-storey, two-bedroom mews dwelling on a brownfield site at the rear of No. 38 Mountpleasant Avenue Lower, which is a protected structure. The site fronts onto Fortescue Lane, a narrow laneway in Dublin 6. Dublin City Council initially refused permission citing traffic congestion, the lane's limited capacity, and an undesirable precedent. However, the Inspector recommends a grant of permission, highlighting that the operative 2022-2028 Dublin City...
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