Core Refusal Reason
The Inspector recommended a grant of permission, concluding that the single-storey dwelling complies with the 'A' zoning objective, addresses previous concerns regarding massing and overbearing appearance, and provides a significant planning gain by replacing a non-conforming commercial use with residential development.
Decision Maker's Conclusion
- The revised single-storey design effectively overcomes previous refusals by eliminating concerns regarding overbearing massing and the potential for overlooking adjacent residential properties.
- The proposal represents a positive planning gain by converting a non-conforming industrial/commercial workshop into a residential unit, which aligns with the site's 'A' zoning objective to protect and improve residential amenity.
- While the project does not strictly meet the 15-meter backland setback standard, the Inspector deemed this requirement inappropriate for this unique site context where the proposal successfully integrates with the surrounding built environment without injuring neighboring amenities.
Cited Policies (CDP)
Section 8.2.3.4 (2016-2022 Plan)Section 8.2.3.4(vi) (2016-2022 Plan)Section 12.3.7 (2022-2028 Plan)Section 12.3.7.6 (2022-2028 Plan)Section 12.3.3.2 (2022-2028 Plan)Zoning Objective A
Decision Document Summary
This Inspector's Report concerns a first-party appeal for a proposed material change of use from a workshop/office to a 94sqm, 2-bedroom single-storey dwelling at 76 Patrick Street, Dun Laoghaire. The L-shaped backland site is located in a serviced urban area behind existing cottages. The Planning Authority originally refused permission based on non-compliance with Section 8.2.3.4 regarding separation distances for backland development. However, the Inspector noted that this is a repeat applicat...SOURCE PDFOpen Original
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