Core Planning Reasoning
The Inspector recommended the removal of Condition 2 because the proposed extension would not significantly reduce direct daylight to the neighbor or be overbearing, and the reduction in size would disproportionately impact the applicant's residential amenity.
Decision Maker's Conclusion
- The proposed extension does not significantly reduce direct daylight to the neighboring property at No. 49 or result in an overbearing impact.
- The depth reduction required by the Planning Authority would diminish the internal amenity of the dwelling to a degree not justified by the marginal benefits to neighbors.
- The Board should exercise its powers under Section 139 to direct the Planning Authority to delete Condition 2 from the grant of permission.
Cited Policies (CDP)
Zoning Objective Z1Section 139 of the Planning and Development Act 2000 (as amended)
Decision Document Summary
The proposal involves the demolition of a rear ground-floor WC and shower room to facilitate a two-story extension and reconfiguration of a first-floor bedroom at 48 Harty Place, Dublin 8. The site is a constrained, mid-19th-century terraced artisan cottage in an area zoned Z1 for residential amenity protection. While the Planning Authority granted permission, they imposed Condition 2 to reduce the depth of the first-floor extension to 3.5m to protect neighboring daylight. The applicant appealed...SOURCE PDFOpen Original
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