Core Planning Reasoning
The Inspector recommended upholding Condition 3 (omission of the bathroom) because Section 14.10.4 of the Fingal County Development Plan 2023-2029 explicitly prohibits the inclusion of toilet or kitchen facilities in garden rooms to prevent their potential use as independent residential accommodation.
Decision Maker's Conclusion
- The proposed garden room structure is acceptable in principle, scale, and design under the RS zoning objective and is not found to be injurious to the visual or residential amenities of the area.
- Specific policy requirements in Section 14.10.4 of the Development Plan mandate that ancillary garden rooms shall not be fitted with toilet facilities; the Inspector found this policy to be purposefully worded in the public interest.
- The personal circumstances and convenience cited by the appellant do not outweigh the requirement to comply with the clear restrictive wording of the Development Plan aimed at managing the nature and use of such structures.
Cited Policies (CDP)
Fingal Development Plan 2023 – 2029RS Zoning Objective3.5.13.1 Residential ExtensionsPolicy SPQHP41Objective SPQHO45Chapter 14 Development StandardsSection 14.10.2 Residential ExtensionsSection 14.10.4 Garden Rooms
Decision Document Summary
This report details a Section 139 first-party appeal against Condition 3 of a planning grant for amendments to a previously approved garage at 9 Birchdale Drive, Kinsealy. The applicant sought to increase the footprint of a single-storey garage from 17sqm to 27sqm to include a gym, home office, and bathroom. While Fingal County Council granted permission for the larger structure, they imposed Condition 3 requiring the omission of the bathroom. The appellant argued the bathroom was necessary for ...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.