3368/21

PROTECTED STRUCTURE: PERMISSION AND RETENTION: permission is sought for retention for demolition of modern rear garage wall, carried out on foot of planning application ref: 2070/19 and permission to construct a wall and gates along the historical rear boundary line of a protected structure (re. 599) and the removal of an encroaching council owned tree inhibiting existing vehicular access from Cambridge Road.

Split decision

Core Reason for the Refused Part

While the Planning Authority issued a split decision, the Inspector recommends granting permission, concluding that the tree removal is justified by the tree's poor health and that the enclosure of the dead-end laneway follows established local precedents.

Decision Maker's Conclusion

  • The demolition of the modern rear garage wall is acceptable as it does not detrimentally impact the architectural heritage of the Protected Structure or the character of the Conservation Area.
  • The subsumption of the historic laneway is considered appropriate because the section is currently a dead end and similar developments have been permitted on immediately adjacent sites.
  • Removal of one mature lime tree (T2) is justified due to its poor health and safety hazards, provided a financial contribution is made and specialist protection measures are implemented for the retained tree (T1).

Cited Policies (CDP)

Section 16.3.3Policy GI28Policy GI29Objective GIO27Policy CHC1Policy CHC2Policy CHC4Appendix 5

Decision Document Summary

This report pertains to a First Party appeal against a split decision by Dublin City Council regarding No. 45 Belgrave Square West, a Protected Structure in a Z2 residential conservation area. The development involves the retention of a demolished rear garage wall and a proposal to construct a new 2-metre high limestone rubble wall with metal gates, which requires the removal of one mature lime tree and the enclosure of a historic laneway. The Planning Authority originally refused the wall and t...
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View the appeal at An Bord Pleanála