Core Refusal Reason
The proposed vehicular entrance and associated footpath dishing would result in a deficient clearance distance from a mature street tree, leading to a significant risk of damage to the tree's root system in contravention of the Dublin City Development Plan.
Decision Maker's Conclusion
- The minimum required clearance for a medium-sized street tree is 2500mm, but the proposed works would leave a residual separation distance of only approximately 1300mm once the necessary footpath dishing is accounted for.
- The potential damage to the mature tree's root system outweighs the appellant's desire for off-street parking, as no exceptional circumstances were found to justify a departure from tree protection standards.
- The development would set an undesirable precedent and would be contrary to the proper planning and sustainable development of the area as it fails to protect the existing green infrastructure and public realm amenities.
Cited Policies (CDP)
Zoning Objective Z1Section 8.5.7Policy Objective SMT25Policy SMT2Policy 2MT29Section 15.6.9Objective GIO41Appendix 5, Section 4.0Appendix 5, Section 4.1Appendix 5, Section 4.3Appendix 5, Section 4.3.1Appendix 5, Section 4.3.2
Decision Document Summary
The case involves a first-party appeal for a vehicular entrance and in-curtilage front garden parking at No. 27 Hardiman Road, Drumcondra. The site is located on a residential street where 81% of properties already have off-street parking, but No. 27 retains its original railings and garden. The primary constraint is a mature street tree located on the footpath in front of the property. While the appellant argued for secure parking due to local vandalism and claimed a 2.5m buffer could be mainta...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.
PDF Document Missing
The original decision document for this case could not be linked. This often happens for older cases or those with restricted documentation.
Search for case on ABP