WEB1553/23

Retention planning permission for the vehicular access to the front of our home at 2 Lansdowne Gardens, Shelbourne Road, Ballsbridge, D04 V2N7, Dublin on the corner of Crampton Avenue and Shelbourne Road. This access was temporarily created in October 2022 for machinery and equipment access during exempted renovation works, and if retention planning permission is granted will provide off-street parking for 2 vehicles.

Refused

Core Refusal Reason

The Inspector recommends granting permission (reversing the Planning Authority's refusal), concluding that the vehicular access does not create an undue traffic hazard or safety concern given the low traffic speeds, low volume of movements, and the specific personal mobility needs of the appellant.

Decision Maker's Conclusion

  • The retention of the vehicular access is acceptable in principle as it supports the 'Z1' zoning objective and addresses the essential mobility requirements of the appellant, a wheelchair user needing safe on-site parking.
  • The location of the entrance near a signalized junction is not a significant safety hazard because the low frequency of movements and slow traffic speeds allow for safe egress and ingress without significantly impeding the road network.
  • Potential impacts on visual amenity and pedestrian safety can be mitigated by conditions requiring the access width to be reduced to 3 meters, the reinstatement of boundary railings, and the prohibition of gates.

Cited Policies (CDP)

Zoning Objective Z1Policy QHSN16 (Accessible Built Environment)Policy QHSN17 (Sustainable Neighbourhoods)Policy QHSN25 (Housing for People with Disabilities)Policy QHSN26 (Dublin City Council's Strategic Plan)Section 8.5.4 (Accessibility for All)Section 8.5.7 (Car Parking)Policy SMT11 (Pedestrian Network)Appendix 5, Section 4.3.1 (Dimensions and Surfacing)Policy SI24 (Control of Paving of Private Driveways / Vehicular Entrances)

Decision Document Summary

This report concerns the retention of a 4.18m wide vehicular access at 2 Lansdowne Gardens, situated at a busy corner junction on Shelbourne Road. Dublin City Council initially refused retention, citing traffic hazards due to the proximity of traffic lights and a controlled pedestrian crossing. However, the Inspector emphasizes the appellant's specific circumstances as a wheelchair user who requires on-site parking to safely alight with her baby, noting the lack of suitable on-street disabled pa...
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