WEB2483/25

The development will consist of demolition of the existing single storey garages and construction of a new two storey, two bedroom dwelling, and associated site works.

Refused

Core Refusal Reason

The proposed development would result in inadequate private open space for the existing dwelling at 29 Church Avenue South and significant overlooking of the new dwelling's amenity space from existing rear windows, thereby injuring the residential amenities of both properties and contravening development plan standards for infill housing.

Decision Maker's Conclusion

  • The reduction of private open space for number 29 Church Avenue South to below the minimum required standards would negatively impact the residential amenity of the existing dwelling and set an undesirable precedent.
  • The proximity of the rear windows of number 29 Church Avenue South to the private amenity space of the proposed house would result in significant overlooking, injuring the residential amenities of future occupants.
  • The proposal fails to meet the criteria for infill/side garden housing developments as set out in the Dublin City Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area.

Cited Policies (CDP)

Zoning Objective Z1Section 15.5.2 Infill DevelopmentSection 15.5.7 Materials and FinishesSection 15.11 House DevelopmentsSection 15.11.1 Floor areasSection 15.11.3 Private Open SpaceSection 15.13.3 Infill/Side Garden Housing DevelopmentsPolicy SPPR2 (Sustainable Residential Development and Compact Settlements Guidelines 2024)

Decision Document Summary

This report concerns an appeal against Dublin City Council's decision to refuse permission for a two-storey, two-bedroom infill dwelling (72.3 sq.m) and the demolition of two garages at a corner site in Rialto, Dublin. The site is situated at the junction of Reuben Avenue and Church Avenue South. While the Inspector acknowledged that the residential use is permissible under the Z1 zoning and that the design broadly respects the terrace character, the assessment focused on the impact of plot subd...
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