WEB1660/23

Alan Gaynor is applying for Planning Permission for a development comprising the following key elements at no. 1, Eglinton Square, Donnybrook, Dublin 4, D04 E2W2: 1. Erecting a new single-storey outbuilding for bike & storage with a flat roof at the front of the existing house. 2. Replacement of the existing sub-standard boundary wall facing Eglinton Road with a brick-finished wall with capping, along with all necessary site development works. The proposed boundary wall's height will match the existing brick entrance to Eglinton Square.

Refused

Core Refusal Reason

The proposed development differs materially from the actual characteristics of the appeal site because works to the boundary wall have already been substantially carried out, precluding the Board from granting permission for the development as described.

Decision Maker's Conclusion

  • The Inspector found that while the proposed outbuilding would not be visually obtrusive or injurious to residential amenity, it is structurally dependent on the boundary wall.
  • Upon site inspection, it was observed that the boundary wall had already been replaced and partly finished in brick, contrary to the descriptions of a rubble wall provided in the application drawings.
  • Since the works for which permission was sought have already been largely completed, the Inspector concluded that the Board is legally precluded from granting permission for the proposed development in its current form.

Cited Policies (CDP)

Dublin City Development Plan 2022-2028Zoning Objective Z1Policy BHA6Section 11.5.1Section 11.5.5 (BHA26)Appendix 18, Section 1.3

Decision Document Summary

The applicant sought permission for a single-storey outbuilding for storage and the replacement of a 20-metre boundary wall at 1 Eglinton Square, Donnybrook, located within a Zone of Archaeological Constraint. Dublin City Council originally refused the application, arguing the outbuilding would breach the established building line and be visually obtrusive. While the Inspector disagreed with the Council's visual assessment—finding the shed would be well-concealed behind the wall—the primary issu...
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