WEB1348/21

Conversion of 3 bedroom house into 4 bedroom house with the conversion of attic space into a habitable bedroom with insertion of two dormer windows to the rear elevation and one smoke ventilation roof window to rear elevation above the internal stairwell. New fixed staircase from the first floor to attic space.

Granted

Core Planning Reasoning

The appeal was a first-party appeal against a financial contribution condition. The Inspector recommended amending the condition to reduce the development contribution, concluding that the Planning Authority could not retrospectively apply charges for a previous development, but that the cumulative floor area of the current proposal exceeded the 40sqm domestic exemption threshold.

Decision Maker's Conclusion

  • The Planning Authority is not permitted to retrospectively impose financial conditions on a previously decided and built development (Reg Ref 4350/16) where no such condition was originally attached.
  • Under the Dublin City Council Development Contribution Scheme, only the first 40sqm of cumulative extensions are exempt; as previous extensions and the current proposal exceed this, a levy is applicable.
  • The appropriate contribution should be calculated based on 16sqm of additional habitable floorspace at the current residential rate, totaling €1,473.60, rather than the €5,929.40 originally sought by the Council.

Cited Policies (CDP)

Dublin City Development Plan 2016 – 2022Zoning Objective Z1Dublin City Council Development Contribution Scheme 2020-2023 (Section 11)Dublin City Council Development Contribution Scheme 2016 – 2020 (Section 12 and 14)Section 48 of the Planning and Development Act 2000Section 34(5) of the Planning and Development Act 2000

Decision Document Summary

The proposal involves the conversion of an attic space into a habitable bedroom (32 sqm) with the insertion of two dormer windows and a smoke ventilation roof window at a semi-detached dwelling in Sandymount, Dublin 4. The site is located in an area zoned Z1 to protect residential amenities. The primary point of contention was Condition No. 2 of the Planning Authority's decision, which required a Section 48 development contribution of €5,929.40. The applicant argued that the Planning Authority w...
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