Core Refusal Reason
The proposed development, by virtue of its contemporary design, height, and scale, would be out of character with the prevailing pattern of development in the area, resulting in a visually obtrusive structure that would seriously injure the visual amenities of the area and the residential amenity of the existing dwelling through overbearance and visual intrusion.
Decision Maker's Conclusion
- The proposed detached dwelling's contemporary design—featuring a flat roof and metal cladding—fails to integrate with or respect the established character of the existing hipped-roof, semi-detached houses in the Royal Oak estate.
- The scale and depth of the building (extending 3m beyond the rear building line) on a constrained corner site would result in unacceptable overbearance and visual intrusion for the occupants of the existing dwelling at No. 1 Oak Avenue.
- The proposal fails to meet the specific qualitative criteria set out in Objective DMSO32 of the Fingal Development Plan regarding compatibility with adjoining structures and the protection of residential amenities, thereby setting a poor precedent for future infill development.
Cited Policies (CDP)
Fingal Development Plan 2023-2029Section 13.5 (Zoning Objectives)Section 14.6 (Residential Design Criteria)Section 14.8 (Housing Standards)Section 14.9 (Residential Developments – General Requirements)Objective DMSO19 (New Residential Development)Objective DMSO20 (Schedule of Accommodation)Objective SPQHO43 (Contemporary/ Innovative Design Solutions)Section 14.6.6.4 (Overlooking and Overbearance)Objective SPQHO35Objective DMSO27 (Private Open Space)Objective DMSO23Objective DMSO26 (Separation Distances)Section 11.9.2 (Noise)Objective DAO11 (Noise Insulation)Policy SPQHP38Objective SPQHO37 (Compact Growth and Consolidation)Section 14.10.1 (Corner/Infill Development)Table 14.4 (Infill Development)Objective SPQHO40 (Development of Corner Garden Sites)Objective DMSO31Objective SPQHO39 (New/ Infill Development)Objective SPQHO42 (Underutilised Infill, Corner and Backland Sites)Objective DMSO32 (Criteria for Infill Development on Corner/Side Garden Sites)
Decision Document Summary
The application seeks permission for a contemporary two-storey, two-bedroom detached house (80sq.m) with a flat roof and metal cladding in the side garden of 1 Oak Avenue, a corner plot in a residential estate in Santry. The site has an extensive planning history with five previous refusals for similar infill developments. While the Inspector acknowledges that residential development is permissible under the 'RS' zoning and supports compact urban growth, the specific design is found to be incomp...SOURCE PDFOpen Original
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