Core Reason for the Refused Part
The Planning Authority initially refused retention of the family member flat because it was not physically interlinked with the main dwelling, which they considered a contravention of Section 12.3.7.3 of the Development Plan. However, the Inspector recommended granting permission, arguing that the policy's phrasing ('should be interlinked') allows for discretion where the use remains ancillary.
Decision Maker's Conclusion
- The family member flat is modest in scale (54 sqm) and is located within the curtilage of the main dwelling without subdivision of the plot, ensuring it does not form an independent residential unit.
- The wording of Section 12.3.7.3 of the Development Plan regarding physical linkage ('should be') provides planning discretion to allow detached ancillary accommodation provided it is used by a family member.
- The development is consistent with the 'A' residential zoning objective and would not adversely impact the residential or visual amenities of adjoining properties, subject to conditions ensuring its ancillary status.
Cited Policies (CDP)
Section 12.3.7.1Section 12.3.7.1 (iii)Section 12.3.7.1 (iv)Section 12.3.7.3Section 12.3.7.4
Decision Document Summary
The application seeks retention permission for the conversion of a first-floor garage area into a family member/granny flat, a ground-floor extension to the side of the garage, the erection of a gate, and external alterations at 'Barrington', Saval Park Road, Dalkey. The Planning Authority issued a split decision, granting the physical alterations but refusing the residential use of the garage because it was not physically connected to the main house. The site is a large detached property at the...SOURCE PDFOpen Original
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