Core Refusal Reason
The development is refused as it is visually overbearing and out of character with the area's historic context, representing an abrupt transition in scale within a Transitional Zone, compounded by the applicants' failure to demonstrate sufficient legal interest or consent from shared owners of the boundary wall.
Decision Maker's Conclusion
- The scale, rudimentary detailing, and industrial appearance of the fencing are visually injurious to the amenities of the area and the character of the historic stone boundary wall.
- The development fails to provide an appropriate transition in scale between the 'NC' and 'A' zoned lands, contrary to the requirements for Transitional Zonal Areas in the County Development Plan.
- The Board is precluded from granting permission because the appellants failed to provide evidentiary proof of legal estate or the written consent of other legal owners of the shared boundary wall.
Cited Policies (CDP)
Section 8.3.2 (Transitional Zonal Areas)Section 8.2 (Boundary Treatments)Section 8.2.8.4 (Privacy Between Properties)Policy UD1 (Urban Design Principles)Objective A (Protect/Improve Residential Amenity)Objective NC (Neighbourhood Centre Facilities)
Decision Document Summary
This report assesses a first-party appeal regarding the refusal of retention permission for timber boundary fencing at No. 2 Marine Parade, Sandycove. The development consists of a timber structure affixed to the top of an existing historic rubble stone wall along the southern perimeter. While the applicants argue the fence was necessary for privacy after the removal of diseased mature trees, the Inspector finds the resulting height (up to 3.9m) and rough finish to be obtrusive, incongruous, and...SOURCE PDFOpen Original
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