3854/21
Planning permission for development at Wood Way, to the rear of 20 Mount Eden Road (which is in an Architectural Conservation Area), Donnybrook, Dublin 4, consisting of the demolition of existing workshop/shed and boundary wall to Woods Way and the construction of a two storey two bedroom terraced mews dwelling with integral garage and related site development works.
Core Planning Reasoning
The Board determined that conditions 8(b) and 9(h) should be amended/removed because requiring a building setback to avoid minor eaves and drainage encroachment on the mews lane would be unduly onerous, create an inharmonious building line, and lacked a clear planning justification compared to existing precedents on Woods Way.
Decision Maker's Conclusion
- The assessment was restricted to conditions 8 and 9 under Section 139 of the Planning and Development Act, as a de novo assessment of the entire application was not required.
- Enforcing a setback of 0.25m to 0.3m to prevent eaves and drainage encroachment would negatively impact the established building line and the footprint of the already small dwelling.
- The Inspector recommended that revised conditions be attached, as the original technical requirements were considered unduly onerous with no appreciable planning gain, especially given that similar projections exist on neighboring properties.
Cited Policies (CDP)
Decision Document Summary
This report pertains to a first-party appeal against specific conditions of a planning grant for a two-storey mews dwelling at Woods Way, Donnybrook. The development involves replacing a 1970s workshop with a 135.88sq.m residence within a Z2 zoned Residential Conservation Area and an ACA. The primary dispute centered on Condition 8(b) and 9(h), which prohibited any encroachment (including eaves and drainage) over the public roadway. The applicant argued that complying would force an awkward buil...PDF Document Missing
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