Core Planning Reasoning
The line marking of on-street parking spaces constitutes 'works' and a 'material change of use' from a general road to designated parking, for which no statutory exemptions apply under the Planning and Development Act 2000 (as amended) or the associated Regulations.
Decision Maker's Conclusion
- The physical act of line marking on the road surface constitutes 'works' and therefore meets the definition of 'development' under Section 3(1) of the Act.
- The formal designation of parking spaces where they did not previously exist (or were prohibited by yellow lines) constitutes a material change of use from a general estate road to on-street car parking.
- The works do not qualify for exemptions under Section 4(1)(h) of the Act as they materially affect the external appearance and character of the street, nor do they fall under Class 13 of the Regulations.
Cited Policies (CDP)
Objective APolicy Objective T19: Carparking StandardsPolicy Objective T20: Control of OnStreet ParkingSection 12.4.5: Car Parking StandardsSection 12.4.5.6: Residential ParkingSection 12.3.4.5: Management companies and taking in charge
Decision Document Summary
This Section 5 referral concerns the Cairnbrook Estate in Carrickmines, a privately managed housing development. The Owners Management Company (OMC) sought a declaration on whether painting white lines to define on-street parking spaces on the estate's main spine road is exempted development. The OMC argued the works were minor, intended to manage 'haphazard' parking, and constituted maintenance under Section 4(1)(h) or Class 13. The Inspector found that the road previously had faded double yell...SOURCE PDFOpen Original
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