Core Refusal Reason
The Inspector recommends a grant of permission as the retention of the extension is considered to not seriously injure the residential or visual amenities of neighboring properties and is consistent with the 'RS' zoning objective of the Fingal Development Plan.
Decision Maker's Conclusion
- The additional floor area beyond what was previously permitted does not result in a significant loss of residential amenity for neighboring properties compared to the original permitted design.
- While the development is technically unauthorized, the Inspector applied the principle of proportionality, finding that the degree of harm does not justify refusal.
- Potential impacts on visual amenity and light reflection for the southern neighbor can be effectively mitigated by the completion of external rendering on the flanking wall.
Cited Policies (CDP)
Fingal Development Plan 2017-2023Zoning Objective RSObjective PM46Objective DMS28Objective DMS29
Decision Document Summary
This report assesses a first-party appeal against Fingal County Council's decision to refuse retention permission for changes to a rear extension at 20 The Green, Melrose Park, Kinsealy. The applicant sought to retain an extension that projects 900mm further at the first floor and 1700mm further at the ground floor than what was permitted under Reg. Ref. F19B/0261, increasing the total area from 27.45m² to 34m². The Planning Authority refused the application on the grounds that it materially con...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.