D21A/1047

Permission for retention of unauthorised development

Refused

Core Refusal Reason

The Inspector recommended overturning the Planning Authority's refusal and granting retention permission, concluding that the works do not significantly injure residential or visual amenities or detract from the character of the Protected Structure, subject to a condition replacing a uPVC window with timber.

Decision Maker's Conclusion

  • The balcony and iron staircase are acceptable as they provide essential amenity and fire egress without causing significant loss of light or permanent damage to the Protected Structure.
  • The new 1.9m garden wall does not materially sever the curtilage of the Protected Structure, as the historic setting has already been extensively compromised by surrounding modern developments.
  • While the insertion of a uPVC window is contrary to conservation standards, this can be addressed through a compliance condition requiring its replacement with a traditional timber sash window.

Cited Policies (CDP)

Zoning Objective APolicy AR1(ii)Section 8.2.11.2Section 8.2Section 8.2.3Section 8.2.3.4Section 8.2.3.4(i)Chapter 11 (Heritage and Conservation)Chapter 12 (Development Management)

Decision Document Summary

This report concerns an appeal against Dun Laoghaire Rathdown County Council's decision to refuse retention permission for several works at Churchtown Park House, a Protected Structure. The works include a rear balcony/staircase, conversion of windows to French doors, a masonry boundary wall, and a side window replacement. The Planning Authority's refusal was based on the perceived impact on the basement apartment's amenity and the severance of the building's historic curtilage. The Inspector, h...
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View the appeal at An Bord Pleanála