Core Refusal Reason
The proposed development fails to meet the definition of a garden room as set out in the Development Plan because it includes kitchen and bathroom facilities, and its excessive footprint results in substandard private open space for the existing dwelling.
Decision Maker's Conclusion
- The internal layout, featuring a kitchen/dining area and bathroom, does not constitute 'ancillary accommodation' as defined in the Fingal Development Plan, which specifically excludes such facilities in garden rooms.
- The scale of the structure is excessive relative to the site, reducing the remaining private open space to approximately 30sqm, which is significantly below the 60sqm minimum requirement for a three-bedroom house.
- The retention of the structure would negatively impact the residential amenity of the subject dwelling and adjoining properties, notably through overlooking of No. 1 Mount Eustace Close, and would set an undesirable precedent for the area.
Cited Policies (CDP)
Section 14.10.4 (Garden Rooms)Objective DMS027 (Minimum Private Open Space Provision)Objective DMS028 (Minimum Private Open Space Provision for Townhouses)Objective DMS031 (Infill Development)Objective DMS032 (Infill Development on Corner / Side Garden Sites)Fingal Development Plan 2023-2029
Decision Document Summary
This report concerns a first-party appeal against Fingal County Council's decision to refuse retention permission for a 21sqm garden room at 36 Mount Eustace Park, Tyrrelstown. The site consists of a semi-detached 3-bed house with a limited rear garden. The Inspector found that while the applicant claimed the structure was for family use, the inclusion of a kitchen and bathroom suggests use as a separate living unit, contradicting Section 14.10.4 of the Fingal Development Plan. A key concern was...SOURCE PDFOpen Original
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