SD24B/0413W

Retention permission for existing single storey family flat extension of 19.8sq.m gross internal area approx (24sq.m gross footprint approx) containing wc, kitchenette, bedroom/living accommodation, and to include existing rear gateway access from garden to public footpath, works are currently subject to South Dublin County Council Enforcement Notice Pursuant to Section 154(5)(a)(i) of The planning & Development Act, 2000 (a amended) ENF: S8796 of 1st December 2023 (for extension to the rear built without benefit of planning permission and creation of rear gateway entrance onto public footpath without benefit of planning permission) on overall site of 227sq.m or 0.0277ha approx.

Split decision

Core Reason for the Refused Part

The proposed family flat extension represents substandard living accommodation due to insufficient internal floor area, inadequate room dimensions, and poor architectural integration with the existing dwelling, combined with a significant shortfall in required private open space for a four-bedroom property.

Decision Maker's Conclusion

  • The family flat fails to meet minimum residential standards, providing just 19.2sq.m of floor area which is significantly below the 37sq.m required for a studio apartment, resulting in a substandard level of residential amenity.
  • The extension, which utilizes a former garden shed structure, fails to respect the character or integrate with the materials and form of the existing dwelling, thereby injuring the visual amenities of the area.
  • The development results in a private open space provision of 46.8sq.m, which is a material shortfall from the 70sq.m required for a four-bedroom house under Table 12.20 of the Development Plan.

Cited Policies (CDP)

Section 12.6.8 (Family Flats)Policy H14 (Residential Extensions)H14 Objective 1Section 6.8.2 (Residential Extensions)Policy H11 (Privacy and Security)Policy H15 Objective 1Section 6.7.4 (Internal Residential Accommodation)Section 12.6.7 (Residential Standards)Table 12.20 (Minimum Standards for Housing)Policy QDP7 (High Quality Design)Policy QDP11 (Materials, Colours and Textures)Policy GI1 (Green Infrastructure)

Decision Document Summary

This Inspector's Report evaluates a first-party appeal following a split decision by South Dublin County Council regarding the retention of a family flat extension and rear gateway access at 24 Belfry Gardens, Citywest. The site consists of a two-storey semi-detached house that has been previously extended. The Inspector acknowledged that the applicant demonstrated a 'genuine need' for the accommodation for elderly parents; however, the physical structure was found to be highly deficient. The un...
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