2351761
(1) CONVERSION OF OFFICES TO 5 NO. SELF-CONTAINED APARTMENTS, WITH SHARED UTILITY ROOM IN BASEMENT, (2) ERECTION OF 3 NO. BALCONIES TO REAR RETURN, (3) MODIFICATION OF SIDE ELEVATION WITH INSERTION OF WINDOWS, AND MODIFICATION OF REAR ELEVATION WITH INSERTION OF PATIO DOORS AND (4) ALL OTHER SITE WORKS AND LANDSCAPING
Granted
Core Planning Reasoning
The Inspector recommends granting permission with amended conditions, concluding that the conversion is acceptable in a town center context. Key changes include modifying Unit 1 to a 1-bed apartment to meet floor area standards and removing conditions that restricted private sale and imposed unnecessary third-party access requirements.
Decision Maker's Conclusion
- Apartment No. 1 should be retained but must be amended from a 2-bed to a 1-bed unit to meet the minimum floor area requirements of SPPR 3.
- Condition 3, which restricted the private sale and short-term letting of the apartments, is unjustified as the development is not a 'Build-to-Rent' scheme.
- Condition 9(c) regarding access to agricultural lands to the north should be omitted as it would result in the loss of necessary car parking spaces without sufficient evidence of a legal or planning requirement.
Cited Policies (CDP)
Policy GEN-H-5Policy UB-P-26SPPR 2SPPR 3Section 139 of the Planning and Development Act 2000
Decision Document Summary
This report assesses a first-party appeal against conditions for a development involving the conversion of a two-storey office building into 5 apartments in Ballyshannon, Co. Donegal. The site is located in a 'Town Centre' zone and an Area of Townscape Character. While the Planning Authority initially sought to omit two units (Units 1 and 2) due to a lack of private amenity space, the Inspector argued that building refurbishment schemes allow for flexibility under SPPR 2. The Inspector concluded...SOURCE PDFOpen Original
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