Core Planning Reasoning
The appeal was processed under Section 139 and resulted in an amendment to Condition 2. The Board determined that while the new balcony should be omitted to prevent undue overlooking, the requirement to replace a large first-floor window with a high-level window was overly onerous as it would compromise established sea views and the architectural integrity of the modernist 1950s dwelling.
Decision Maker's Conclusion
- The Inspector concluded that the Planning Authority's requirement for a high-level window was unjustified because a large window has existed on the northeast elevation for decades with negligible impact on neighbors.
- The proposed extension of the dwelling by 3 meters and the associated increase in window size was deemed acceptable and sensitive to the site context and the original modernist design of the house.
- The introduction of a new balcony was found to be an unacceptable intensification of overlooking that would adversely impact residential amenity, leading to a recommendation for its omission.
Cited Policies (CDP)
Wexford County Development Plan 2022-2028Section 3.4 of Volume 2
Decision Document Summary
This case involves a first-party appeal against a specific condition regarding a house extension at 'El Nidos', Rosslare Strand, a property designed in the 1950s mid-century modernist style. The Planning Authority granted permission but required (via Condition 2) that a proposed northeast balcony be omitted and a large floor-to-ceiling window be replaced with a high-level clerestory window to prevent overlooking. The Inspector argued that the existing house already features large 'lookout' windo...SOURCE PDFOpen Original
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