Core Planning Reasoning
The Inspector recommended a split decision: granting retention for timber screening but refusing the garden shed because its roof encroaches approximately 130mm onto a rear laneway outside the applicant's property boundary and legal control without demonstrated consent.
Decision Maker's Conclusion
- The timber screening is acceptable in principle as it is limited in extent, not overtly visible from the public road, and provides mitigation against overlooking for neighboring residents.
- The garden shed roof over-sails the rear site boundary onto a third-party laneway, which is not in accordance with the submitted plans and constitutes development on lands outside the applicant's control.
- A de novo assessment is warranted and retention for the shed should be refused as the applicants failed to demonstrate sufficient legal interest or owner consent for the encroachment on the laneway.
Cited Policies (CDP)
Dublin City Development Plan 2022-2028Zoning Objective Z1 (Sustainable Residential Neighbourhoods)Zoning Objective Z2 (Residential Conservation Areas)Appendix 18 (Ancillary Residential Accommodation)Section 3(1) of the Planning and Development Act 2000Section 7.8 of the Development Management Guidelines for Planning Authorities (2007)
Decision Document Summary
This report concerns a first-party appeal against a condition attached to a grant of retention permission for a garden shed and timber screening at 32 Haddon Road, Clontarf. The Planning Authority originally granted permission subject to Condition 5, which required the shed roof to be set back from the rear laneway. Upon inspection, the Inspector found the shed roof over-sails the boundary by approximately 130mm. The Inspector argued that because the structure occupies land outside the red-line ...SOURCE PDFOpen Original
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