Core Refusal Reason
The development was refused due to its overbearing impact on residential amenities, failure to meet flood risk justification criteria in Flood Zone A, and the potential prejudice to public infrastructure caused by building over an existing sewer.
Decision Maker's Conclusion
- The proposed semi-detached dwellings would represent a discordant and overbearing departure from the established low-impact single-storey backland development pattern in the area, negatively affecting neighbor amenities.
- The proposal fails to satisfy the 'Precautionary Principle' and the Justification Test for flood risk, specifically regarding emergency access and potential groundwater flooding impacts in a designated Flood Zone A.
- Building over the existing 225mm diameter public foul sewer is considered prejudicial to the operation and maintenance of public infrastructure and has not been approved by Uisce Éireann.
Cited Policies (CDP)
Objective SPQHO42Objective IUO16Objective IUO17Objective IUO21Objective DMSO31Policy CSP14Objective SPQHO34Policy SPQHP41Objective SPQHO45Section 14.6.6.4Objective DMSO23Objective DMSO26Standard 14.10.2.5
Decision Document Summary
The applicant sought permission for a complex project at 35 Howth Road, Sutton, involving the renovation/extension of an existing cottage and the construction of two new semi-detached dormer bungalows in the rear garden. The site is a deep, narrow plot situated within a coastal area designated as Flood Zone A. To mitigate flood risk, the applicant proposed raising the ground levels for the new units by 1.3m, which the Inspector argued resulted in a 7m ridge height that was visually obtrusive and...SOURCE PDFOpen Original
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