Core Planning Reasoning
The Inspector recommended granting permission on the basis that the first-floor extension, subject to a modification to omit a bedroom for increased setback, would be consistent with the residential character of the area and would not seriously injure the amenities of property in the vicinity.
Decision Maker's Conclusion
- The height, scale, and form of the modified dwelling is consistent with the established pattern of two-storey residential development in the immediate area.
- The potential for overshadowing of the adjoining property to the east can be successfully mitigated by a condition requiring the omission of 'Bedroom No. 3' at the first-floor level to provide a greater boundary setback.
- The third-party claims regarding a 'rights to light' easement are noted as civil matters for the Courts to determine and do not preclude a grant of planning permission.
Cited Policies (CDP)
Fingal County Development Plan 2017-2023 (CDP)Zoning Objective 'RS' (Residential)Objective DMS42 (Encourage innovative design for domestic extensions)
Decision Document Summary
This report assesses a proposal for a first-floor extension over an existing single-storey detached dwelling at 27 Warren Green, Baldoyle. The site is located in a residential area zoned 'RS' under the Fingal County Development Plan. While Fingal County Council initially granted permission, a third-party appeal was lodged citing concerns over overshadowing, 'ancient lights' easements, and visual overbearing. The Inspector noted that while the visual impact is acceptable due to the presence of ot...SOURCE PDFOpen Original
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