Core Refusal Reason
The development is contrary to Section 14.10.4 of the Fingal County Development Plan 2023-2029 as it is designed for habitational use (including kitchen and toilet facilities) rather than ancillary garden room use, and the application plans significantly misrepresent the actual dimensions and setbacks of the structure.
Decision Maker's Conclusion
- The internal fit-out of the structure, which includes a kitchen, shower, and living area, clearly indicates it has been prepared for habitational purposes, which is expressly prohibited for 'Garden Rooms' under the Development Plan.
- There are material discrepancies between the dimensions and setbacks shown on the submitted planning drawings and the actual as-built structure, which is larger and closer to boundaries than stated.
- Granting permission for a structure designed for residential accommodation in this location would set an undesirable precedent and disrupt the character of the cumulative rear garden arrangement in the area.
Cited Policies (CDP)
Section 14.10.4Section 14.6.5Objective DAO11Policy SPQHO35Objective DMS45Objective PM45Objective PM46RS-Residential Zoning
Decision Document Summary
The applicant sought retention permission for a single-storey shed intended as a gym at 14 Mount Eustace Rise, Tyrrelstown. While the appellant argued the structure was modest and well-screened, the Planning Authority refused it for being visually incongruous. The Inspector's site visit revealed that the structure had been fitted out for residential use (habitational purposes) with a kitchen, bathroom, and living area, which was not reflected in the submitted plans. Furthermore, the Inspector fo...SOURCE PDFOpen Original
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