Core Refusal Reason
The Inspector recommended a split decision: granting retention for the extension but refusing the guesthouse conversion because the intensification of guesthouse use would unacceptably impact residential amenity and contravene the 'RS' zoning objective.
Decision Maker's Conclusion
- The physical extension is acceptable in scale and design as it replaces former commercial structures and the applicant has now provided adequate, functional private open space (c. 108sq.m) to serve the main dwelling.
- The conversion of the extension into 6 guesthouse suites represents an excessive intensification of use that would rendered the residential use of the site subservient and cause noise and nuisance to neighbors.
- A split decision is required: retention of the extension is granted subject to a condition requiring a physical link to the main house, while the guesthouse use is refused due to lack of operational detail and potential traffic hazards.
Cited Policies (CDP)
Section 13.5 (Zoning Objectives)Objective ZO4 (Ancillary Uses)Policy SPQHP41 (Residential Extensions)Objective SPQHO45 (Domestic Extensions)Section 14.10.2 (Residential Extensions)Section 14.10.2.2 (Side Extensions)Section 14.10.2.3 (Ground Floor Extensions (rear))Section 14.8.3 (Private Open Space)Objective DMSO26 (Separation Distance)Objective DMSO27 (Minimum Private Open Space Provision)
Decision Document Summary
The proposal involves the retention of a 187sq.m flat-roof rear/side extension and permission to convert 12 unauthorized guest units within that extension into 6 guesthouse suites at Mountgorry House, Swords. The site is zoned 'RS' (Residential). A previous refusal on the site centered on overdevelopment and a lack of usable private open space; however, the Inspector found that the revised layout, which provides 108sq.m of screened patio space south of the house, overcomes these concerns. While ...SOURCE PDFOpen Original
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