Core Refusal Reason
Retention is refused due to the structure's excessive scale, height, and proximity to site boundaries, which negatively impacts the residential amenity of surrounding properties and conflicts with a established Board precedent (ABP 316193-23) on a nearby site.
Decision Maker's Conclusion
- The scale and height (3.7m) of the structure, combined with its proximity to boundaries in a dense suburban setting, creates a visually dominant and overbearing feature that injures residential amenity.
- A material and significant discrepancy exists between the use described in the planning application ('shed/gym') and the use described in the appeal ('self-contained granny flat').
- The development follows the same scale and impact profile as a previous nearby garden room refused by the Board (ABP 316193-23), thus setting an undesirable precedent.
Cited Policies (CDP)
Fingal Development Plan 2023-2029Section 14.10.4Zoning Objective RSCondition No. 30 of parent permission (for 2119 dwellings)
Decision Document Summary
This Inspector's Report evaluates a first-party appeal for the retention of a 24sqm single-storey garden room at 47 Boulevard, Bealing Village, Tyrellstown. The property is a 3-storey end-of-terrace house with a relatively small rear garden area. The Inspector identifies two primary concerns: first, the physical impact of the building, which is considered too large and overbearing for the constrained site; and second, a material inconsistency regarding the building's intended use, shifting from ...SOURCE PDFOpen Original
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