3837/24

PROTECTED STRUCTURE / RETENTION : Retention permission for a single storey, pitched roof, modular, two-bedroom, residential unit, to the rear of and within the curtilage of an existing three storey terraced house, a protected structure in a conservation area.

Refused

Core Refusal Reason

The development represents substandard backland housing that fails to meet minimum internal floor area and private open space requirements, while simultaneously causing serious injury to the architectural character and setting of a protected structure and its residential conservation area.

Decision Maker's Conclusion

  • The modular unit provides only 37 sq. metres of floor area, which is significantly below the target of 70 sq. metres for a two-bedroom unit as per the Quality Housing for Sustainable Communities guidelines.
  • The development fails to comply with backland housing standards regarding separation distances (13.5m provided vs 15m required) and rear garden depth (3.5m provided vs 7m required), leading to overdevelopment and loss of residential amenity.
  • The design and siting of the modular unit are incongruous with the special architectural character of the protected structure at 65 Morehampton Road and would set an undesirable precedent for poor-quality development in a conservation area.

Cited Policies (CDP)

Zoning Objective Z2Policy BHA2 (Development of Protected Structures)Policy BHA9 (Conservation Areas)Section 15.11.1 (Floor Areas)Section 15.11.3 (Private Open Space)Section 15.13.4 (Backland Housing)

Decision Document Summary

This case involves a first-party appeal against Dublin City Council's decision to refuse permission for the retention of a single-storey, two-bedroom modular residential unit at the rear of 65 Morehampton Road, a protected Georgian structure in a Z2 residential conservation area. The Inspector's assessment highlights that the proposal fails on both qualitative and heritage grounds. The unit provides substandard accommodation, with floor areas and private open space significantly below mandatory ...
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