Core Refusal Reason
The Inspector recommended to Grant Permission (overturning the Planning Authority's refusal), finding that while previous unauthorized habitable use and site subdivision occurred, these have ceased, and the structure is now considered an appropriate ancillary use compatible with the residential zoning and local amenities.
Decision Maker's Conclusion
- The unauthorized use of the garden structures as a separate independent dwelling has ceased following the sale of the property to new owners who are reintegrating the garden space.
- The 23.4 square metre 'shomera' style building is compatible with the 'RS' zoning objective and meets the modern demand for ancillary residential space such as home offices or games rooms.
- The retention of the timber-clad building, subject to the removal of the internal subdividing fence, will not seriously injure the residential amenities of neighboring properties or the character of the area.
Cited Policies (CDP)
RS Zoning ObjectiveFingal County Development Plan 2017-2023Planning and Development Regulations, 2001 (as amended)
Decision Document Summary
This report concerns an appeal against Fingal County Council's decision to refuse retention permission for a 23.4 sqm timber-clad 'shomera' style building in the rear garden of 25A Park Villas, Castleknock. The Planning Authority originally refused permission due to concerns over the unauthorized subdivision of the site and the use of garden structures for habitable living, which contravened previous planning conditions. However, the Inspector's assessment found that the site context has changed...SOURCE PDFOpen Original
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