Core Refusal Reason
While the Planning Authority initially refused permission due to concerns over height, scale, and overbearing impact, the Inspector recommended a grant of permission on the basis that the development is satisfactory in terms of design and scale, and will not negatively impact the visual or residential amenities of the area.
Decision Maker's Conclusion
- The structure is not visible from the public street and its lightweight, translucent materials prevent it from being visually obtrusive or significant in bulk.
- The use of 1.8m high obscure glazing and the existing separation distances (including a shed buffer at No. 50 Russell Avenue) effectively eliminate the threat of overlooking and overbearing impact.
- The proposal provides a realistic and appropriate solution for adding necessary outdoor amenity space to an existing dwelling that has limited open space at ground level.
Cited Policies (CDP)
Zoning Objective Z216.2.2.316.10.1211.1.5.6
Decision Document Summary
This report pertains to a first-party appeal by Michael Byrne against Dublin City Council's decision to refuse permission for a 10.5sqm first-floor roof terrace at 51 St. Mary's Road, Dublin 3. The site is a terraced dwelling within a Z2 residential conservation area. The Planning Authority cited concerns that the terrace would be unduly obtrusive and cause an unacceptable overbearing impact on neighbors. However, the Inspector argued that the terrace is located at the rear and is not visible fr...SOURCE PDFOpen Original
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