4950/23

PERMISSION/ RETENTION : for demolition of 5sqm and the retention of 42sqm of the partially unauthorised garden building, (36sqm) is authorised under planning grant reg/reg. no 3241/18 and the construction of an 11.5sqm extension to the garden building adjoining it to the existing dwelling. The existing & proposed use is ancillary family accommodation.

Refused

Core Refusal Reason

The development would negatively impact the residential amenities of adjacent properties due to its height, scale, and overbearing impact, while functionally operating as an independent dwelling unit rather than ancillary family accommodation, contrary to the Dublin City Development Plan.

Decision Maker's Conclusion

  • The height and extent of the proposed link structure would result in an overbearing impact on the occupants of No. 64 Clanmaurice Road, particularly given the site's topography and boundary wall heights.
  • Despite the proposed physical link to the parent dwelling, the configuration and separate access indicate that the structure would function as an independent residential unit rather than true ancillary family accommodation.
  • The proposal fails to meet minimum standards for private open space and internal floor areas, representing a substandard form of development that would set a poor precedent for backland habitable structures.

Cited Policies (CDP)

Zoning Objective Z1Section 15.11.3Appendix 18, Section 2.0Appendix 18, Section 7.0Quality Housing for Sustainable Communities (2007)

Decision Document Summary

This report concerns an appeal against Dublin City Council's refusal of permission for the retention of a 42 sq. m. garden building and the construction of an 11.5 sq. m. extension to link it to the main dwelling at 66 Clanmaurice Road. The site is located in a suburban residential area zoned Z1. The garden building, originally permitted as a playroom/workshop, is currently being used for unauthorized human habitation. The Inspector found that the proposed 'link' did not sufficiently integrate t...
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