Core Refusal Reason
The Planning Authority initially refused permission due to concerns that the rear balconies' proximity to boundaries would negatively impact residential amenities; however, the Inspector recommends granting permission as the development supports 'Living-Over-the-Shop' objectives and the impacts are mitigated by design.
Decision Maker's Conclusion
- The proposed development is acceptable in principle as it accords with 'Living-Over-the-Shop' schemes and government policy to densify established urban areas with residential units.
- Concerns regarding overlooking from the rear balconies are adequately mitigated through the design requirement for 1.8m high opaque glazed screens and the specific angled layout of the units.
- The development will not seriously injure the visual or residential amenities of the area and will contribute positively to the activity levels overlooking 'The Metals' pedestrian and cycleway.
Cited Policies (CDP)
Zoning Objective APolicy Objective PHP19: Existing Housing Stock – AdaptationPolicy Objective HER28: The MetalsSection 12.3.5: Apartment DevelopmentSection 12.3.7.9: Living-Over-the-ShopSection 12.8.3.2: Communal Open Space relaxationSection 12.8.3.3(ii): Private Open Space
Decision Document Summary
The proposal involves the change of use of the upper floor of a commercial building at 2 Killiney View, Glenageary, into two apartments (one 76sqm 2-bed unit and one 66sqm 1-bed unit) with associated balcony works. The site is located in an L-shaped block near Glenageary DART station, adjacent to 'The Metals' pedestrian/cycle route. While the Planning Authority refused the application based on the impact of the rear balconies on neighboring properties, the Inspector argues that denying private a...SOURCE PDFOpen Original
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