2783/21
Planning permission for change of use at first floor level from restaurant use to residential use by forming 4 double bedroom apartment units and alternating front and rear elevations with provision of 2 recessed balconies to the front and adaptation of existing flat roof into 2 terraces to the rear plus 2 rear extensions of 6.7m2 in total. There will also be demolition of internal staircase (no. 4) and elevator resulting in forming a new separate commercial unit on the ground floor.
Core Planning Reasoning
The Inspector recommends that the appeal be dismissed as the grounds relate solely to matters regarding legal interest and ownership of access stairs, which is a civil matter outside the remit of the Board, rather than addressing the planning merits of the proposed development.
Decision Maker's Conclusion
- The grounds of appeal relate solely to a dispute over legal interest and access rights to a stairwell, which is a matter for legal channels and does not address the planning merits of the scheme.
- The applicant provided adequate evidence of sufficient legal interest to make the application, and the Board has no remit in adjudicating property ownership issues.
- The proposed change of use to residential is acceptable under the Z4 zoning objective and complies with the flexibility allowed for refurbishment schemes under the Guidelines for Sustainable Urban Housing.
Cited Policies (CDP)
Decision Document Summary
The proposal involves the change of use of a first-floor restaurant into four apartments (two 2-bed/4-person and two 2-bed/3-person units) and the creation of a new ground-floor commercial unit at 23-25 Sundrive Road, Kimmage. The site is a four-storey mixed-use building located in an area zoned Z4 for mixed services. The Planning Authority had previously granted permission subject to 13 conditions, including requirements for basement bicycle storage and privacy screens. The appeal was lodged by...PDF Document Missing
The original decision document for this case could not be linked. This often happens for older cases or those with restricted documentation.
View the appeal at An Bord Pleanála