Core Planning Reasoning
The proposed two-storey extension, due to its scale, height, and proximity to the northern boundary on an elevated site, would result in unacceptable overbearing and overshadowing impacts on the rear garden of the neighboring property ('Glenrowan'), contravening the residential zoning objective and specific development plan guidance for extensions.
Decision Maker's Conclusion
- The Inspector determined that legal disputes regarding rights of way over the access lane are civil matters and do not preclude the planning assessment as the applicant has sufficient legal interest to make the application.
- Although the private open space provided for the extended house (37 sqm) is below standard guidelines, it was deemed acceptable given the urban location, the quality of the garden design, and the proximity to significant public amenities in Dalkey.
- The combination of significant site level differences and the 18-meter length of the proposed elevation close to the northern boundary would create an enclosing effect that negatively impacts the residential amenity of the property to the north.
Cited Policies (CDP)
Zoning Objective 'A'Chapter 4 – Neighbourhood – People, Homes, and PlaceChapter 12 – Development ManagementPolicy Objective PHP19: Existing Housing Stock - AdaptationSection 12.3.7.1 Extensions to DwellingsSection 12.3.7.1 (i) Extensions to the FrontSection 12.3.7.1 (ii) Extensions to the Rear
Decision Document Summary
The proposal involves the construction of a two-storey extension to 'Rowan Lodge', a modest 82 sqm dwelling on a constrained backlands site in Dalkey, accessed via a gated lane. While the Planning Authority granted permission, the Inspector recommended refusal following a third-party appeal. The site context is defined by a 3-meter level difference between the subject site and the neighbor to the north ('Glenrowan'). The Inspector's key arguments focused on the physical impact of the extension; ...SOURCE PDFOpen Original
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