Core Planning Reasoning
The Inspector concluded that the use of the house by 13 students is not a material change of use from its status as a single dwelling, and the physical alterations (garage conversion and new windows) constitute exempted development as they do not materially alter the external appearance of the structure.
Decision Maker's Conclusion
- The use of No. 60 Knocknashee to accommodate 13 students does not constitute a material change of use from its authorised use as a single dwelling house, as it does not meet the specific statutory definition of 'student accommodation'.
- The conversion of the garage to residential use and the replacement of the garage door with a window qualify as exempted development under Class 1, Part 1, Schedule 2 of the Regulations and Section 4(1)(h) of the Act.
- The installation of a window in the side elevation is also exempted development under Section 4(1)(h) as it does not materially alter the external appearance of the structure in a manner inconsistent with the character of the dwelling or neighboring properties.
Cited Policies (CDP)
Dun Laoghaire-Rathdown County Development Plan 2022-2028Chapter 12, Section 12.3.7.11 (Student Accommodation)Chapter 13, Section 13.2 (Definition of Use Classes)
Decision Document Summary
This Section 5 referral relates to No. 60 Knocknashee, a 7-bedroom detached house in a residential cul-de-sac. The primary question is whether using the dwelling for 13 students and performing associated works (garage conversion and new fenestration) constitutes development or exempted development. The Inspector noted that the house remains a single dwelling unit and does not provide the specific attributes of purpose-built student accommodation (such as clusters or shared leisure facilities), t...SOURCE PDFOpen Original
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