3632/21

PERMISSION & RETENTION: The development consists of/will consist 1. Retention permission for alterations and amendments to house in so far as is constructed which differs from that previously approved on foot of planning registry file reference 3316/19 (Site B) and including (i) ''as built'' minor dimensional adjustments & an altered roof pitch & profile resulting in an increase in ridge height of 471mm and (ii) for the construction of a retaining wall consisting of gabion cages on sloping bank to south of house under construction on Lands zoned Z9 in Dublin City Councils Development Plan. 2. Permission is also sought to complete the development and all ancillary site development works and services.

Split decision

Core Reason for the Refused Part

The retention of the gabion retaining wall was refused as it significantly impacted the special character and biodiversity of the riparian strip adjoining the River Dodder through the unauthorized clearance of mature trees and understorey plants, directly contravening the Z9 zoning objective which seeks to preserve and provide for recreational amenity and green networks.

Decision Maker's Conclusion

  • The 'as built' ridge height increase of 471mm is considered acceptable in the context of Z1 residential zoning and does not significantly injure the visual or residential amenities of the surrounding area.
  • The gabion wall construction on Z9 lands represents an 'incompetent and blatant disregard' for a designated conservation area, having caused serious damage to the riparian woodland habitat and its protected species.
  • A split decision is recommended: granting permission for the house alterations while refusing retention for the retaining wall and ordering its removal and the ecological restoration of the site.

Cited Policies (CDP)

Zoning Objective Z1 (Protect, provide and improve residential amenities)Zoning Objective Z9 (Preserve, provide and improve recreational amenity and open space and green networks)Section 34(12) of the Planning and Development Act 2000Article 10 of the Habitats Directive (92/43/EEC)Schedule 7 of the Planning and Development Regulations 2001 (as amended)Dublin City Development Plan 2016-2022

Decision Document Summary

This application involves a retention request for alterations to a newly constructed three-storey house (ridge height increase of 471mm) and the installation of stone-filled gabion cages on a steep slope leading to the River Dodder. The site is split between Z1 residential zoning and Z9 open space/riparian woodland. While the Inspector viewed the house height increase as an unintended construction error that integrated sufficiently into the streetscape, the works on the river bank were highly co...
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View the appeal at An Bord Pleanála