Core Refusal Reason
The Inspector recommended granting permission, reversing the Planning Authority's refusal, on the basis that the pedestrian gate is minor in nature, does not pose a traffic safety risk, and is compatible with the residential zoning and amenities of the area.
Decision Maker's Conclusion
- The principle of a pedestrian access at this location is acceptable under the 'RES' zoning objective which seeks to protect or improve residential amenity.
- The gate does not constitute a traffic safety hazard as it is set back from the public footpath, opens inwards, and does not require pedestrians to step into the carriageway.
- The development is not visually obtrusive and the intensity of use is unlikely to negatively impact the root systems of nearby trees or the overall character of the adjacent landscaped strip.
Cited Policies (CDP)
South Dublin County Development Plan 2022-2028Zoning Objective RESObjective RES – 'To protect and/or improve residential amenity'
Decision Document Summary
This appeal relates to the retention of a pedestrian access gate in the rear boundary wall of 33 Pinewood Park, Rathfarnham, which provides access onto Edenbrook Drive. The Planning Authority originally refused permission, citing concerns that it would set an undesirable precedent leading to traffic and public safety hazards. The site context involves a semi-detached dwelling with a substantial rear garden that adjoins a landscaped verge and public footpath. The Inspector's assessment found that...SOURCE PDFOpen Original
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