Core Refusal Reason
The Inspector recommends a grant of permission, overturning the Planning Authority's refusal, on the basis that the private garden remains a form of open space consistent with 'F' zoning and the proposed works do not detract from the setting of the Protected Structure or the visual amenities of the coastal area.
Decision Maker's Conclusion
- The private garden use is a valid form of open space compliant with the 'F' zoning objective, and the proposed pool and jacuzzi do not fundamentally change this use.
- The development is sensitively sited and low-lying, ensuring that significant coastal views from the Vico Road Architectural Conservation Area and the setting of the Protected Structure are protected.
- The demolition of the existing garden studio is justified due to its poor condition, and its replacement with a high-quality structure complies with guidance for detached habitable rooms in private open space.
Cited Policies (CDP)
Zoning Objective FPolicy Objective CA6HER7: Record of Protected StructuresHER8: Work to Protected StructuresSection 12.3.7: Additional Accommodation in Existing Built-up AreasSection 12.3.7.4: Detached Habitable RoomSection 12.11.2.3: Development within the Grounds of a Protected StructureSection 13.1.5: Not Permitted / Other UsesTable 13.1.9: Zoning Objective FSection 13.2: Definition of Use ClassesSection 12.8.2: Open Space Categories for Residential DevelopmentSpecific Local Objective 130
Decision Document Summary
The proposal at Sorrento House, Dalkey (a Protected Structure), involves the construction of an outdoor swimming pool, jacuzzi, and a replacement garden studio. The Planning Authority refused the application, stating that ancillary residential development is prohibited under the site's 'F' zoning, which aims to preserve and provide for open space. The Inspector disagrees, arguing that the site is a private garden—a form of open space—and that the development is a 'use not specifically mentioned'...SOURCE PDFOpen Original
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