Core Refusal Reason
The development fails to protect residential amenity due to smoke nuisance from the barbecue, exceeds the maximum permitted vehicular entrance width creating pedestrian safety hazards, and utilizes non-permeable driveway surfacing contrary to Sustainable Urban Drainage (SuDS) policies.
Decision Maker's Conclusion
- The altered barbecue structure and flue negatively impact the residential amenity of adjoining properties due to smoke and odour nuisance, failing the Z1 zoning objective.
- The 4.02-metre vehicular entrance significantly exceeds the 3-metre maximum standard for single dwellings, creating a conflict with pedestrian safety and facilitating hazardous maneuvering.
- The retention of an entirely impermeable tarmac driveway without SuDS is contrary to sustainable development policies and sets an undesirable precedent for the management of surface water run-off.
Cited Policies (CDP)
Land Use Zoning Objective Z1Policy SI24 (Control of Paving of Private Driveways)Section 4.3.1 of Appendix 5 (Dimensions and Surfacing)Section 4.3.4 of Appendix 5 (Sustainable Urban Drainage)Policy SI22Appendix 12Appendix 18
Decision Document Summary
This report concerns an appeal against Dublin City Council's decision to refuse retention permission for three elements at 6 Shanowen Avenue: a tarmac driveway finish, an altered barbecue structure, and a 4.02m wide vehicular entrance. The site is located in an established residential area zoned Z1. While the Inspector found the visual impact of the barbecue flue to be acceptable, the lack of technical evidence regarding smoke mitigation led to a conclusion of injury to neighborly amenity. The v...SOURCE PDFOpen Original
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