Core Planning Reasoning
The Inspector recommends a grant of permission (retention) as the development is visually integrated into the streetscape, does not adversely impact the residential or visual amenities of the area, and is in accordance with the Fingal Development Plan 2023-2029 policies for domestic extensions.
Decision Maker's Conclusion
- The single-storey extension and ancillary storage shed are of a scale and form appropriate to the character of the existing mid-terrace dwelling and the wider residential area.
- The development does not result in significant overlooking, overshadowing, or loss of daylight to neighboring properties, and sufficient private open space remains within the curtilage.
- Disputes regarding boundary encroachment and legal interest are civil matters for resolution in the Courts, and planning permission does not confer legal title as per Section 34(13) of the Planning and Development Act 2000.
Cited Policies (CDP)
Fingal Development Plan 2023-2029Section 3.5.13.1 (Residential Extensions)Policy SPQHP41 (Residential Extensions)Objective SPQHO45 (Domestic Extensions)Section 14.10.2 (Residential Extensions)Section 14.10.2.3 (Ground Floor Extensions (rear))
Decision Document Summary
The application seeks the retention of a single-storey flat-roofed rear extension (approx. 8-10 sqm) with a canopy and a separate small flat-roofed storage shed at No. 9 Mount Garrett Park, Dublin 15. The site is an established mid-terrace residential property. Fingal County Council originally granted permission, but this was appealed by a third party (No. 7 Mount Garrett Park) primarily on the grounds of boundary encroachment, oversailing, and lack of legal consent. The Inspector's assessment f...SOURCE PDFOpen Original
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