Core Refusal Reason
The Inspector recommended granting retention permission, concluding that the development is modest in scale, provides appropriate ancillary space, and does not negatively impact the residential amenities of the primary dwelling or neighbouring properties through overbearing or overshadowing effects.
Decision Maker's Conclusion
- The structure's scale and height (c. 2.2m at eaves) combined with setbacks from boundaries (0.5m-0.8m) ensure it does not have an undue overbearing impact or overshadowing effect on neighbouring gardens.
- Sufficient private amenity space (approximately 40 sq. m.) remains for the occupants of the primary dwelling, which exceeds minimum requirements.
- The development is compatible with the 'RS - Residential' zoning objective and is appropriate for ancillary residential usage, provided it is not used for habitable accommodation.
Cited Policies (CDP)
Fingal Development Plan 2023-2029Section 14.10.4 (Garden Rooms)Land Use Zoning 'RS – Residential'
Decision Document Summary
This Inspector's Report concerns a first-party appeal against Fingal County Council's decision to refuse retention permission for a 26 sq. m. garden shed/home gym at 9 Ashcroft Grove, Dublin 15. The Planning Authority originally refused permission citing overbearing impacts on neighbours and poor quality amenity for the subject dwelling. The Inspector's assessment found that the structure, while exceeding exempted development size limits, is modest in scale relative to the mid-terrace property. ...SOURCE PDFOpen Original
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