Core Refusal Reason
The proposal was refused because it fails to satisfy the criteria for a 'family flat' due to its poor integration with the main dwelling and excessive 15m link corridor; as a result, it was assessed as a new dwelling in a 'High Amenity' zone for which the applicant failed to demonstrate a genuine rural housing need.
Decision Maker's Conclusion
- The applicant failed to demonstrate a genuine rural housing need arising from farming involvement or exceptional health circumstances as required for residential development in 'High Amenity' (HA) zoned lands.
- The proposed 15m glazed link corridor and independent access arrangements fail to adequately integrate the unit with the existing dwelling, meaning it does not comply with the policy requirements for a subsidiary family flat.
- The scale and incongruous design of the corridor would be visually dominant in a highly sensitive coastal landscape and negatively impact the visual amenity of the area.
Cited Policies (CDP)
Objective SPQHO46Section 14.10.3Section 13.5 (Objective HA)Section 3.5.15.3 (Rural Settlement Strategy)Table 3.4Policy GINHP28Objective GINHO67Section 3.5.13.1Section 3.5.13.2Policy SPQHP42Objective SPQHO74
Decision Document Summary
This report concerns an appeal against Fingal County Council's decision to refuse retention of a converted garage as a family flat and permission for a 15m glazed corridor to link it to the main house at Green Oaks, Lusk. The site is located in a rural area zoned 'High Amenity' (HA). The Inspector argued that the physical separation and the layout of the proposed corridor—which connects to the flat through a walk-in wardrobe rather than a main living area—renders the unit an independent dwelling...SOURCE PDFOpen Original
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