2240900
Outline permission for development at 1 Maryborough Downs, Maryborough Hill, Douglas, Cork. The development will consist of outline planning permission for the construction of a new detached two storey dwelling, connection to public foul and storm drainage systems and all associated site works.
Refused
Core Refusal Reason
Grant of outline permission; the Inspector determined that the development is acceptable in principle on residentially zoned land, noting that vehicular access via an existing dished footpath is already available and drainage issues can be addressed by condition.
Decision Maker's Conclusion
- The proposed development of a dwelling in a side garden is acceptable in principle as it is located on lands zoned for residential use in a fully serviced urban area.
- The Planning Authority's concerns regarding ownership and legal interest for a dished footpath are mitigated by the fact that the footpath is already dished at the proposed entrance, requiring no further works.
- Proposed separation distances of over 27 meters and the split-level design ensure that overlooking and overshadowing issues will not adversely impact adjacent residential amenities.
Cited Policies (CDP)
ZO 01 Sustainable Residential NeighbourhoodsSection 11.236Section 11.139Section 36(2) of the Planning and Development Act 2000Section 48 of the Planning and Development Act 2000
Decision Document Summary
This report pertains to an appeal for outline permission to construct a two-story split-level dwelling in the side garden of an existing end-of-terrace house in Douglas, Cork. The Planning Authority originally refused permission due to concerns regarding surface water drainage and the lack of consent from the estate owner to modify a private footpath for vehicular access. Upon assessment, the Inspector found that the site is properly zoned 'ZO 01 Sustainable Residential Neighbourhoods' and that ...SOURCE PDFOpen Original
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