Core Reason for the Refused Part
The Inspector recommended granting permission (overturning the Planning Authority's refusal), concluding that the development constitutes a genuine, ancillary family flat that is modest in scale, functionally subordinate to the main dwelling, and does not negatively impact rural or residential amenities.
Decision Maker's Conclusion
- The proposed granny flat is a genuine ancillary use providing necessary family support for an elderly relative, maintaining a subordinate relationship with the main residence in terms of scale and layout.
- While technically non-compliant with strict Development Plan requirements for an internal linking door, the detached nature of the structure is acceptable given the lack of separate curtilage and the specific rural context of the site.
- Technical concerns regarding wastewater were resolved by a Site Characterisation Report, with the Inspector satisfied that the required 5sq.m enlargement of the sand polishing filter can accommodate the additional load without impacting the nearby River Slane.
Cited Policies (CDP)
Section 12.6.8 (Family Flats)Policy H15H15 Objective 1Policy H3H3 Objective 2H3 Objective 5H3 Objective 7Zoning Objective RU
Decision Document Summary
This report evaluates a first-party appeal against South Dublin County Council's decision to refuse retention permission for a 46sq.m garage conversion into a granny flat at Badgerhill, Rathcoole. The Planning Authority originally issued a split decision, granting permission for entrance alterations but refusing the flat due to its detached nature and lack of internal access, citing Section 12.6.8 of the Development Plan. The site is in a rural 'RU' zoned area. The Inspector argued for a flexibl...SOURCE PDFOpen Original
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