Core Refusal Reason
The proposal was refused because it would result in the loss of a commercial unit within a Z3 'Neighbourhood Centre' zone, undermining the vitality and viability of the local retail parade, and would provide a substandard level of residential amenity due to poor daylight and privacy.
Decision Maker's Conclusion
- The conversion of a ground-floor commercial unit to residential use is contrary to the Z3 zoning objective which seeks to maintain and strengthen local neighbourhood facilities.
- The proposed living area would suffer from unacceptably poor residential amenity, specifically regarding inadequate daylighting from a narrow lightwell and privacy/noise issues due to proximity to a commercial yard and takeaway kitchen.
- Granting permission would create an undesirable precedent for the incremental loss of retail and service units in neighbourhood centres to unsuitable residential accommodation.
Cited Policies (CDP)
Dublin City Development Plan 2022-2028Z3 Land-Use Zoning ObjectiveSection 14.7.3 (Neighbourhood Centres)Section 15.9.16 (Daylight and Sunlight)Appendix 16 (Sunlight and Daylight Standards)Policy S138 (Noise Sensitive Development)
Decision Document Summary
The appeal relates to the proposed change of use of a 21.6sqm former hairdresser salon at 89 Rosemount Avenue, Artane, into an additional sitting/amenity room for an existing first-floor apartment. The site is part of a small commercial parade (including a Chinese takeaway) located in a Z3-zoned neighbourhood centre. The Inspector concurred with the Planning Authority's refusal, arguing that the loss of the ground-floor commercial unit would diminish the local service offer and contradict the '1...SOURCE PDFOpen Original
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