Core Planning Reasoning
The Inspector recommended the removal of Condition No. 2, concluding that the inclusion of a bathroom is justified for the practical, ancillary use of the garden room as a home office and gym, and that existing conditions already sufficiently prevent the structure from being used for independent habitation.
Decision Maker's Conclusion
- The requirement for sanitary facilities is established by the proposed daily use of the space as a home office and its distance (c.14m) from the primary dwelling.
- The provision of a bathroom does not in itself create 'habitable accommodation' but supports an ancillary function, especially as other conditions already preclude use for habitation, sleeping, or tourism.
- The outright omission of the bathroom is a disproportionate restriction given that the proposal otherwise complies with Development Plan standards regarding scale, siting, and non-habitable use.
Cited Policies (CDP)
Fingal County Development Plan 2023-2029Section 14.10.4 Garden RoomsZoning Objective RS
Decision Document Summary
The proposal involves the removal of a metal shed and the construction of a 60sqm single-storey garden room at 43 Offington Lawn, Sutton, intended for use as a gym, games room, and home office. While Fingal County Council granted permission, they conditioned the omission of the bathroom (Condition 2) based on Policy 14.10.4, which seeks to prevent garden rooms from becoming independent residential units. The appellants argued this was impractical for home working and inconsistent with other loca...SOURCE PDFOpen Original
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