Core Planning Reasoning
The proposed installation of first-floor French doors and a small balcony is development and not exempted development because it materially affects the external appearance of the structure in a manner inconsistent with its character and that of neighbouring structures, and it fails to meet regulatory limitations regarding separation distances from boundaries and the use of roofs as balconies.
Decision Maker's Conclusion
- The works constitute development as defined under Section 3(1) of the Planning and Development Act 2000 as they involve the carrying out of works on land.
- The development is not exempt under Section 4(1)(h) of the Act because the French doors and balcony significantly alter the rear appearance of the house, rendering it inconsistent with the established character of the structure and the area.
- The proposal fails to comply with the limitations of Class 1, Part 1 of Schedule 2 of the Planning and Development Regulations 2001, specifically because the glazed doors are located within 11 metres of the property boundary and the project utilizes a roof/ledge as a balcony.
Cited Policies (CDP)
South Dublin County Council Development Plan 2022 – 2028RES Zoning Objective: To protect and/or improve residential amenity
Decision Document Summary
The case involves a section 5 referral regarding whether the installation of first-floor French doors and an associated small balcony with handrails at a detached dormer house in Clondalkin constitutes exempted development. The Planning Authority (SDCC) originally declared that the works were not exempt. The site is a triangular corner plot with a constrained rear garden. The Inspector concluded that the works fall within the definition of 'development' through both 'alteration' and 'extension'....SOURCE PDFOpen Original
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