WEB2044/25

The development will consist of: (i) the removal of existing boundary wall and vehicular gate fronting mews lane; (ii) the construction of a three-storey four-bedroom mews dwelling, fronting O’Devaney Gardens; (iii) the provision of outdoor terraces/balconies to rear of house at ground and first floor levels and to the front at first floor level; (iv) the provision of 1 no. rooflight; (v) the provision of bin stores and bicycle storage; and (vi) landscaping, boundary treatments, SuDS and foul drainage, and other ancillary works necessary to facilitate the development.

Refused

Core Refusal Reason

The proposed development is refused due to its excessive height, scale, and massing, which would negatively impact the setting of the NIAH-rated principal dwelling and the Z2 Conservation Area, while failing to meet mandatory national separation distance standards (SPPR1), resulting in poor residential amenity.

Decision Maker's Conclusion

  • The 3-storey scale and 10.7m height are excessive and fail to maintain a subordinate relationship with the principal 19th-century terrace house, which is a regionally rated NIAH structure.
  • The development fails to comply with SPPR 1 of the Sustainable and Compact Settlement Guidelines 2024, as it provides only a 15m separation distance between opposing windows where 16m is required, leading to undue overlooking and overbearing impacts.
  • The applicant failed to demonstrate through technical assessment that the proposed courtyard-based private open space and internal living areas would receive adequate daylight and sunlight, particularly given the site's orientation and high boundary walls.

Cited Policies (CDP)

Policy BHA9 (Conservation Areas)Section 14.7.2 (Z2 Zoning Objective)Section 15.13.5 (Mews Development)Policy QHSN6 (Urban Consolidation)Policy BHA14 (Mews)Section 15.11.3 (Private Open Space Standards)Chapter 11 (Built Heritage and Archaeology)Chapter 15 (Development Standards)

Decision Document Summary

This report concerns a first-party appeal by Brimwood Unlimited Company against Dublin City Council's decision to refuse permission for a 181sqm, 3-storey, 4-bedroom mews dwelling at the rear of 34 North Circular Road. The site is located in a Z2 Residential Conservation Area, and the primary dwelling is a 19th-century terrace house rated as regionally significant by the NIAH. While the Inspector accepted the principle of mews development under Policy BHA14, she concluded that the specific desig...
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