Core Planning Reasoning
Recommendation to uphold the Planning Authority's grant of retention permission subject to the attachment of Conditions 2 and 3, which prohibit the use of flat roof areas as balconies to protect the residential amenity of neighboring properties from overlooking.
Decision Maker's Conclusion
- The flat roof extension as constructed is considered visually jarring and aesthetically poor, only deemed acceptable due to the isolated nature of the appeal site.
- The use of the flat roof area as a balcony creates significant potential for both actual and perceived overlooking and overbearing impacts on the private amenity of the neighboring property.
- Proposed mitigation measures, including timber screening, are insufficient to protect the privacy of neighbors, and the conditions prohibiting balcony use are necessary and enforceable.
Cited Policies (CDP)
Fingal County Development Plan 2023-2029RU – Rural zoning objectivePolicy SPQHP41 – Residential ExtensionsPolicy SPQHP045 – Domestic Extensions
Decision Document Summary
This report concerns a First Party appeal against conditions attached to a grant of retention permission for a dwelling at Commons Upper, Garristown, Co. Dublin. The development involved unauthorized changes to a previous permission, specifically replacing pitched roofs with flat roofs and converting a first-floor window into a door to facilitate balcony access. While the Inspector finds the structural retention acceptable due to the site's rural context, they strongly argue against the use of t...SOURCE PDFOpen Original
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