Core Planning Reasoning
The Inspector recommended granting permission for retention but upheld the necessity of specific conditions, specifically requiring opaque glazing to prevent overlooking, correctly calculated financial contributions for unauthorized floor area, and an amended condition to clarify the residential use of the property despite home-based economic activity.
Decision Maker's Conclusion
- The requirement for fixed opaque glass in the south-facing first-floor corner window (Condition No. 2) is necessary to protect the residential amenity and privacy of the adjacent property at No. 44A Ballinteer Drive.
- The financial contributions required under Conditions 8, 9, and 10 were properly applied and calculated at 1.25 times the standard rate as per the Development Contribution Scheme for retention permissions.
- Condition No. 5 should be amended rather than removed to ensure the extension remains part of a single residential unit and to prevent unauthorized material change of use to commercial premises, while acknowledging the applicant's home-based notary work.
Cited Policies (CDP)
Land Use Zoning Objective 'A'Chapter 8: Principles of DevelopmentSection 8.2.3: Residential DevelopmentSection 8.2.3.4: Additional Accommodation in Existing Built-up Areas: (i) Extensions to DwellingsSection 8.2.3.5: Residential Development – General RequirementsDún Laoghaire-Rathdown County Council Development Contribution Scheme 2016-2015
Decision Document Summary
The application sought the retention of a 22sqm two-storey rear extension and internal alterations to a semi-detached dwelling at 44 Ballinteer Drive, Dublin 16. The site is located in a residential area zoned 'A' to protect/improve amenity. The Planning Authority granted permission subject to 11 conditions, which the applicant appealed, specifically targeting conditions regarding opaque glazing (Cond 2), home-business restrictions (Cond 5), and development contributions (Conds 8, 9, 10). Third-...SOURCE PDFOpen Original
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