Core Refusal Reason
The proposed development constitutes overdevelopment of a constrained, wedge-shaped site, where the height, extensive footprint, and proximity to existing dwellings would result in unacceptable overbearing impacts, overshadowing, and inadequate residential amenity for both current and future occupants.
Decision Maker's Conclusion
- The proposal fails to meet the minimum 22-metre separation distance for two-storey backland dwellings required by the County Development Plan, and falls short of the 16-metre standard set out in SPPR 1 of the national guidelines.
- The physical scale and location of the house, particularly its 368mm proximity to the northern boundary, would cause undue overbearing and overshadowing impacts on the private amenities of adjacent properties at 77 Ballinteer Park and 17 Ballinteer Avenue.
- Internal residential amenity is substandard due to inadequate floor-to-ceiling heights on the first floor landing and an aggregate living area that is deficient in size for a three-bedroom five-person dwelling.
Cited Policies (CDP)
Section 12.3.7.6 Backland DevelopmentPolicy Objective PHP18: Residential DensityPolicy Objective PHP19: Existing Housing Stock - AdaptationPolicy Objective PHP20: Protection of Existing Residential AmenityPolicy Objective PHP42: Building Design & HeightSection 12.3.4.2 Quality Housing standardsSection 12.4 TransportSection 12.8 Open Space and RecreationSPPR 1 - Separation Distances (Compact Settlements Guidelines)
Decision Document Summary
The applicant sought permission for a 105 sqm, three-bedroom detached dormer bungalow in the rear garden of 78 Ballinteer Park, a semi-detached house on a 502 sqm wedge-shaped site. The Planning Authority originally refused permission citing overdevelopment and contravention of backland development policies. Upon appeal, the applicant proposed modifications including omitting windows and lowering the house level. However, the Inspector found that the fundamental constraints of the site remained....SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.
PDF Document Missing
The original decision document for this case could not be linked. This often happens for older cases or those with restricted documentation.
Search for case on ABP