SD25A/0104W

Permission and retention permission for development at this site of approx. 1 ha on lands at Ballyroan House, Ballyroan Heights, Dublin 16, D16 E8C6 (The overall development currently under construction at this site is referred to as 'Watson Place' and development subject of this application relates to this development and to the dwelling unit known as 'McFarland House', Watson Place, Dublin 16, D16 R6W4). The development consists of the retention of an enlarged private open space area (increased in size from approx. 172 sq m to approx. 211 sq m) and a new boundary wall of approx. 2m in height serving McFarland House (permitted and constructed under Reg. Ref. SD23A/0302). Permission is also sought for the inclusion of an additional area of land approx. 3 sq m to form part of the main area of public open space serving the overall development at Watson Place. There are no works proposed to Ballyroan House (a Protected Structure). All other development within the wider site remains as previously permitted under Reg. Ref. SD17A/0064 (ABP Ref. PL06S.249209), as extended under Reg. Ref. SD17A/0064/EP and as amended under Reg. Ref. SD21A/0175, Reg. Ref. SD23A/0302, Reg. Ref. SD23A/0340 and Reg. Ref. SD25A/0010W.

Refused

Core Refusal Reason

The Planning Authority initially refused permission because the land is zoned 'Objective OS' (Open Space), arguing that a private garden extension constituted residential development that materially contravened the zoning objective. However, the Inspector recommended a grant, concluding that the use of the land as private and public open space is 'permitted in principle' under the OS zoning matrix and does not harm public amenity.

Decision Maker's Conclusion

  • The development is consistent with the 'OS' zoning objective as the lands remain predominantly free from development and satisfy the definition of open space, which is permitted in principle.
  • The physical works, consisting of a 2m high stone-faced boundary wall, are considered de minimis in the context of the wider parkland and do not set an undesirable precedent.
  • The proposal does not adversely impact the character, setting, or historic curtilage of Ballyroan House (a Protected Structure) nor does it significantly reduce the quantum of public open space.

Cited Policies (CDP)

Objective OSTable 12.15 (Land-Use Zoning Objective OS)Policy H3 Objective 4Policy NCBH19 (Protected Structures)Policy NCBH19 Objective 1Policy CO55 Objective 4Table 8.2 (Public Open Space Standards)Appendix 6 (Definition of Use Classes)Figure 4.4 (Green Infrastructure Strategy Map)

Decision Document Summary

The application seeks retention of an enlarged private garden area (increased by approx. 39 sqm) and a 2m high boundary wall for 'McFarland House,' a newly constructed dwelling within the former grounds of Ballyroan House (a Protected Structure). The proposal also includes the addition of 3 sqm to the public open space. While South Dublin County Council refused permission on the grounds that residential encroachment onto 'OS' (Open Space) zoned land was impermissible, the Inspector argued that a...
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