Core Reason for the Refused Part
The retention of the garage was refused as its scale, 90-degree orientation shift, and close proximity to the northern boundary (1.2m - 1.6m) render it a visually obtrusive and overbearing structure that causes injurious overshadowing to the adjoining residential property.
Decision Maker's Conclusion
- The dwelling extension's height is acceptable and the Planning Authority's conditions requiring obscure glazing and a reduction in extension length are unreasonable and should be omitted.
- The front boundary wall as constructed fails to adhere to the approved site layout and must be repositioned to ensure adequate sightline visibility and traffic safety for the adjoining property.
- The garage as constructed represents a significant departure from the original 2017 permission in terms of orientation and setback, resulting in an unacceptable impact on the residential amenities of the neighbor.
Cited Policies (CDP)
Cork County Development Plan 2022-2028
Decision Document Summary
This report concerns a First Party appeal against a split decision by Cork County Council regarding the retention of a dwelling extension and a detached garage at Cooleen, Charleville. The site is located in a rural area and contains a dormer-type dwelling. While the Planning Authority granted retention for the extension subject to restrictive conditions (including obscure glass and length reduction), they refused the garage. The Inspector argues that the extension modifications do not materiall...SOURCE PDFOpen Original
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