Core Refusal Reason
The Inspector recommends granting permission because the proposal is consistent with the 'Objective A' zoning for the site, provides a high standard of residential amenity for future occupants, and respects the character and amenities of the surrounding area through a contemporary design that minimizes overlooking and overbearing impacts.
Decision Maker's Conclusion
- The principle of residential development is consistent with the 'Objective A' zoning and local/national policies promoting compact growth on underutilised infill sites near high-frequency public transport.
- The proposed contemporary design, utilizing flat roofs and specifically angled fenestration, successfully mitigates potential overbearing and overlooking impacts on the existing dwelling and neighboring properties.
- Legal and civil disputes regarding rights of way and access through the Wolverton Glen estate are outside the remit of the planning system, and technical requirements for drainage and parking have been satisfactorily met.
Cited Policies (CDP)
Objective ATable 13.1.2Section 4.3 (PHP18, PHP20, PHP27)Section 12.3Section 12.3.7.6 (Backland Development)Section 12.4Section 12.8Section 12.8.3.1 (Public Open Space)Section 12.8.3.2 (Communal Open Space)Section 12.8.3.3 (Private Open Space)Section 12.8.7Section 12.3.1.1Section 12.4.5.7Table 12.5Section 12.4.11
Decision Document Summary
This report evaluates an appeal against the refusal of permission for two 4-bed, 2-storey, flat-roofed houses on a backland site to the rear of 'Gortevan', Dalkey, Co. Dublin. The Planning Authority originally refused the application citing concerns over height, scale, and overbearing impacts on surrounding residential properties. The Inspector acknowledges that while the development is accessed through the private Wolverton Glen estate and faces significant third-party opposition regarding lega...SOURCE PDFOpen Original
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