Core Planning Reasoning
The Inspector determined that the timber shed and tarmacadam driveway constitute development that is not exempt. The shed is situated forward of the front building line and exceeds cumulative floor area limits under Class 3, while the driveway surfacing materially affects the character of the site's Protected Structure, de-exempting the works under Section 57 of the Act.
Decision Maker's Conclusion
- The grey wooden shed is development and not exempted because it is located forward of the front wall of the house and, combined with other sheds on site, exceeds the 25 square metre limit prescribed in Class 3.
- The tarmacadam parking area is development and is not exempt as the change in surface materially affects the character of the Protected Structure, thus failing the requirements of Section 57 of the Planning and Development Act.
- The felling of trees within the proposed Natural Heritage Area (pNHA) is development that is not exempt under the Forestry Act 2014, whereas tree removal outside the pNHA and minor landscaping works like timber steps were found to be exempt.
Cited Policies (CDP)
South Dublin County Development Plan 2016-2022Zoning Objective 'HA-LV' (High Amenity – Liffey Valley)HCL Policy 10 (Liffey Valley and Dodder Valley)HCL10 Objective 1HCL10 Objective 7
Decision Document Summary
This Section 5 referral concerns whether multiple works at 'Roseville', Lucan Demesne, constitute development and if they are exempted. The site is a sensitive residential property on the banks of the River Liffey, characterized by its 'High Amenity' zoning, presence of Protected Structures (gate piers), and its location within a proposed Natural Heritage Area (pNHA). The Inspector assessed seven distinct items: a timber building, stored timber, a tarmacadam parking area, tree felling, undergrow...SOURCE PDFOpen Original
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