SD25B/0459W

Retention Planning Permission for (1) an existing side pedestrian entrance/access and (b) Velux windows to non-habitable storage space.(1) An existing side pedestrian entrance/access - it was used originally for material access for the new build. We would like retention of this pedestrian doorway measuring 900mm wide and 2050mm high. Footfall on the path outside is less than 10 people a day as the path comes to a dead end 5 meters after the door and turns onto a busy road. Walkers tend to cross the road at the front corner of the site as its safer and easier (so this doesn't impact safety in any way in my opinion), (see photos attached). We share a front driveway with house number 2 with sometimes 4 cars so use of this pedestrian door for our kids come home and leave safely is very important. We use it for wheelie bin access as there is no room on the right side of the house and the left is shared so is blocked at times and also there are two doors to navigate as its shared with our neighbours. Most importantly, before the door existed, the corner was used for antisocial drinking & other activities and also motorists stopping for urination since the pedestrian door has been put in place all this has stopped(see photo attached). (b) Velux windows to non-habitable storage space we would like to retain these 2 velux windows for the attic space for non-habitable storage use only. It is practically non visible from the public road and is to the back of the roof (see photo attached).

Split decision

Core Reason for the Refused Part

The pedestrian access gate causes obstructions for footpath users and poses a risk to public safety, setting an undesirable precedent for the area.

Decision Maker's Conclusion

  • The retention of the pedestrian access gate would lead to physical obstructions for users of the public footpath.
  • Granting permission for the gate as constructed would establish an undesirable precedent for similar developments that cumulatively impact the public realm.
  • The development is considered detrimental to public safety and is contrary to the proper planning and sustainable development of the area.

Cited Policies (CDP)

Decision Document Summary

The proposal sought retention planning permission for an existing side pedestrian entrance at 2a, The Avenue, Cypress Downs, Dublin 6W. While the decision was a split grant and refusal, the retention of the pedestrian gate on the northern boundary was specifically refused. The planning authority determined that the gate's presence obstructs the public footpath, creating safety concerns for pedestrians and establishing a negative precedent that would undermine the quality and safety of the local ...
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