Core Refusal Reason
The Planning Authority initially refused permission citing the loss of a permitted communal facility for residents and contravention of Policy SPWHP35; however, the Inspector recommends granting permission, noting the health centre is a 'permitted in principle' use under 'Town Centre' zoning and provides a community benefit that outweighs the retention of a vacant, unutilised communal room.
Decision Maker's Conclusion
- The proposed health centre is compatible with the 'TC - Town Centre' zoning objective, which seeks to protect and improve urban facilities, and it provides a necessary community service.
- Although Unit 602 was permitted as a communal room, it has remained vacant since construction and was offered to residents with no interest, meaning its conversion does not practically deprive residents of an active amenity.
- The development will not result in an increase in floor area or adverse impacts on visual or residential amenities, provided that final details for signage and external fenestration are agreed upon.
Cited Policies (CDP)
Objective CIOS025Objective SPQHP35Objective DMSO6Objective DMS34Objective DMS04TC Town Centre Zoning
Decision Document Summary
This appeal relates to the proposed amalgamation of Units 601 and 602 at Charlestown Centre, Dublin 11, for use as a 323sqm HSE health centre/clinic. The units are located on the ground floor of a five-storey building with residential apartments above. Fingal County Council refused the application on the basis that Unit 602 was a designated communal facility for residents and its loss would set a poor precedent. The Inspector, Andrew Hersey, overturned this logic in his assessment, highlighting ...SOURCE PDFOpen Original
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