F25A/0257E

1) Retention permission is sought for: (i) the change of use of the wo

Refused

Core Refusal Reason

The development constitutes a material contravention of the 'RU - Rural' land-use zoning objective of the Fingal Development Plan 2023-2029 because it was not demonstrated that the guesthouse use is ancillary to a primary residence, and the units effectively function as holiday apartments, which are only permissible via the conversion of a Protected Structure.

Decision Maker's Conclusion

  • The applicant failed to demonstrate that the guesthouse accommodation is functionally ancillary to the use of the main dwelling as a primary residence, which is a prerequisite for such development in the 'RU' zone.
  • The scale of the guesthouse element (c. 360sq.m) is larger than the main dwelling (c. 236sq.m), indicating an intensity of use that is not subordinate and materially contravenes the development plan's zoning objectives.
  • The units are more akin to independent holiday apartments; however, the subject site does not contain a Protected Structure, which is a mandatory requirement for permitting holiday home/apartment development on 'RU' zoned lands.

Cited Policies (CDP)

Fingal Development Plan 2023-2029 Section 13.5 (RU - Rural Zoning)Section 13.4 (Ancillary Uses)Objective ZO4Objective DMSO24 (Apartment Development)Objective DMSO109 (Bicycle Parking)Objective EEO45Objective EEO46 (Tourist Related Facilities)Objective SPQHO55 (Roadside Trees and Hedging)Table 14.9 (Design Guidelines for Rural Dwellings)Table 14.17 (Bicycle Parking Standards)Table 14.19 (Car Parking Standards)Section 14.12.13 (Extensions to Rural Dwellings)Objective DMSO5 (Design Statement)Appendix 7 (Land Use Definitions)

Decision Document Summary

This report pertains to an appeal against the refusal of retention permission for the change of use of workshops/garages at Eden House, Cabragh, Oldtown, Co. Dublin, to 6 self-contained guesthouse units, and permission for a new site entrance. The site is located in a rural landscape zoned 'RU' (Rural), intended to protect agricultural and rural character. While the Planning Authority cited five reasons for refusal—including substandard residential amenity, traffic hazard, and lack of design sta...
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