D21A/0714

Permission for (i) the demolition of 58 sq.m. of the

Split decision

Core Reason for the Refused Part

The Inspector recommended granting permission (reversing the Local Authority's split decision refusal), concluding that the backland dwelling and the semi-detached conversion are consistent with the 'A' residential zoning, provide an acceptable standard of accommodation, and do not negatively impact the residential amenity of adjacent properties through overbearing appearance or overlooking.

Decision Maker's Conclusion

  • The proposed contemporary backland dwelling is appropriately designed and scaled, utilizing site topography and existing screening to ensure it does not have a negative visual or overbearing impact on neighboring properties, specifically No. 29 Spencer Villas.
  • The density of the proposed development, at 28 units per hectare, is considered low and appropriate for a serviced site in close proximity to public transport, thus not constituting overdevelopment of the 0.1061ha site.
  • Access to the new units via the existing service laneway is acceptable as the lane width (4.5m to 4.8m) exceeds DMURS requirements for local streets and the projected traffic volume does not present a safety risk.

Cited Policies (CDP)

Objective APolicy Objective PHP19Section 12.3.7Section 12.3.7.2 (Sub-division of Dwellings)Section 12.3.7.6 (Backland Development)Section 12.3.7.7 (Infill Development)Policy RES3Section 8.2.3.4 (2016-2022 Plan)

Decision Document Summary

This report relates to an appeal at 28 Spencer Villas, Glenageary, involving the conversion and extension of 'Ivanhoe' (a period house) into two 4-bedroom semi-detached dwellings and the construction of a new 3-bedroom detached backland dwelling. The Planning Authority had granted the conversion but refused the backland house due to concerns over massing and its relationship to boundaries. The Inspector's assessment highlights that the site is zoned 'A' for residential improvement and that Polic...
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