Core Refusal Reason
The proposed development is contrary to the Dublin City Development Plan 2022-2028 (Appendix 5, Section 4.3.8) as the substandard width of Fortescue Lane at the appeal site fails to provide safe access and egress for vehicles and pedestrians, and would set an undesirable precedent in the absence of a co-ordinated plan for the mews lane.
Decision Maker's Conclusion
- The width of Fortescue Lane at the appeal site (approximately 4 metres) is less than the minimum required standards (4.8m to 5.5m) set out in Appendix 5 of the Development Plan, making it inadequate for safe vehicular and pedestrian access.
- Granting permission for an individual mews unit in the absence of a comprehensive, co-ordinated plan for the entire laneway would set an undesirable precedent and be contrary to the sustainable development of the area.
- Although the proposal is considered acceptable in terms of its impact on architectural heritage and residential amenity, the fundamental issues regarding laneway capacity and emergency vehicle access warrant a refusal of permission.
Cited Policies (CDP)
Objective Z2Section 4.3.8 of Appendix 5Policy Objective BHA2Policy Objective BHA9Section 15.7.1Section 15.13.5Section 15.13.5.1Section 15.13.1
Decision Document Summary
This report concerns a first-party appeal against Dublin City Council's decision to refuse permission for the conversion of a 73 sq. m light industrial building into a one-bedroom dwelling at 39 Fortescue Lane, Rathmines. The site is situated within the curtilage of a protected structure and a Z2 Residential Conservation Area. While the Inspector acknowledges the proposed design is architecturally sympathetic to the heritage context and meets internal residential standards, the primary conflict ...SOURCE PDFOpen Original
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View the appeal at An Bord Pleanála