Core Planning Reasoning
The Inspector recommended the removal of Condition 5, determining that the proposed apex window would not significantly impact residential amenity through overlooking, as it exceeds the minimum 16m separation distance required by national guidelines and follows established local design precedents.
Decision Maker's Conclusion
- The 23m separation distance from the proposed window to the opposing rear elevation of No. 144 Biscayne is significantly in excess of the 16m standard set out in SPPR1 of the Sustainable Residential Development and Compact Settlements Guidelines.
- The planning authority has already granted permission for a similar floor-to-ceiling window layout at No. 39 The Walk, providing a valid precedent for the proposed design in this specific context.
- The apex window's location to the rear of the dwelling in a backland situation ensures it is not visible from the public realm and does not negatively affect the visual or residential amenity of the wider area.
Cited Policies (CDP)
Section 14.10.2.5SPQH41SPQH045Section 14.6.6.4Policy 14.10.2.4Objective SPQHO45
Decision Document Summary
This report evaluates a First Party appeal by Lisa and Nathaniel Cope against Condition 5 of Fingal County Council's decision (Ref: F25A/0158E) to grant permission for a rear extension and attic dormers at 35 The Walk, Robswall, Malahide. The condition restricted the dimensions of a proposed apex-shaped attic window to prevent perceived overlooking of the Biscayne Estate. The Inspector noted that the 0.013-hectare site is zoned 'RS' (Residential) and that the design had been successfully modifie...SOURCE PDFOpen Original
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