F24A/1170E

Retention Permission for a stand alone 1.5 storey high annex office

Refused

Core Refusal Reason

While originally refused by the Planning Authority for its scale and overbearing nature, the Inspector recommends granting permission, concluding that the structure is acceptable in principle as a home-based office and does not significantly impact the residential or visual amenities of the area.

Decision Maker's Conclusion

  • The development is acceptable in principle as an ancillary home-based office under the RS Residential zoning objective of the Fingal County Development Plan.
  • The 1.5-storey scale of the structure, influenced by the site's topography, does not result in significant adverse impacts on neighboring properties in terms of overshadowing, overlooking, or overbearing appearance.
  • Concerns regarding the potential for independent residential use can be mitigated through strict planning conditions limiting the occupancy to ancillary office use and prohibiting its sale or letting independent of the main house.

Cited Policies (CDP)

Fingal County Development Plan 2023-2029Section 3.5.13.1 (Residential Extensions)Policy SPQHP41Objective SPQHO45Section 3.5.13.2 (Family Flats)Policy SPQHP42Objective SPQHO46Objective EEO22 (Home Based Economic Activity)Objective EEO23 (Remote Working)Chapter 13 (Land Use Zoning - RS Residential)Section 13.4 (Ancillary Uses)Objective ZO4Section 14.10.4 (Garden Rooms)Section 14.10.5 (Home Based Economic Activity)Objective DMSO33Objective DMSO34

Decision Document Summary

This report assesses an appeal against the refusal of retention permission for a standalone 56sqm, 1.5-storey annex office in the rear garden of a mid-terraced house in Portrane, Co. Dublin. Fingal County Council originally refused the application, citing that the building was visually incongruous and dominant. The Inspector's assessment found that the structure, although currently containing beds and a WC, is suitable for use as a home-based office, which is a supported economic activity under ...
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