Core Refusal Reason
The applicant failed to demonstrate sufficient legal interest or obtain necessary third-party consent for works on lands outside their ownership required for sightlines, alongside unresolved discrepancies in site boundaries and potential impacts on residential amenity.
Decision Maker's Conclusion
- The applicant failed to provide evidence of sufficient legal estate or written consent from the relevant landowner to carry out essential works, specifically the reduction in height of a boundary wall located outside the application site.
- There are significant discrepancies and lack of clarity in the submitted drawings regarding the red and blue line boundaries and the physical relationship between the proposed development and existing neighboring dwellings.
- The Planning Authority is not satisfied that the development would not result in negative residential and visual impacts on adjoining properties, particularly regarding separation distances to No. 48 Mountain View and No. 17 Cherrington Road.
Cited Policies (CDP)
Decision Document Summary
The proposal sought permission for a development located to the rear of 'Woodley' on Dublin Road, Shankill. The application was refused because the applicant could not demonstrate the legal right to perform necessary works on adjacent lands to achieve required sightlines, specifically the lowering of a boundary wall. Furthermore, the Planning Authority identified critical inaccuracies in the site layout plans and remained concerned that the development would negatively impact the residential and...SOURCE PDFOpen Original
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