Core Planning Reasoning
The Inspector recommended a grant of retention permission because the high-level nature of the window (sill height of c. 1.9m) ensures it is significantly above eye level for occupants, meaning no material degree of overlooking or loss of privacy occurs to the neighboring property, while the clear glazing improves the natural light and outlook for the subject dwelling.
Decision Maker's Conclusion
- The window's sill height of approximately 1.9m above floor level effectively prevents any direct or significant overlooking of the neighboring garden at No. 43 Kincora Road.
- The retention of clear glazing serves to improve the internal residential amenity of No. 41A through enhanced natural lighting and outlook without causing a detrimental impact on the privacy of adjacent residents.
- The development is deemed compliant with the Dublin City Development Plan 2022-2028, particularly the 'Z1' zoning objective to protect and improve residential amenities.
Cited Policies (CDP)
Z1 Sustainable Residential NeighbourhoodsPolicy SC5 Urban Design and Architecture PrinciplesPolicy SC11 Compact GrowthPolicy QHSN6 Urban ConsolidationObjective QHSNO4 Densification of SuburbsSection 15.11 House DevelopmentsSection 15.13.4 Backland HousingSection 15.8 Residential DevelopmentSection 15.9.18 Overlooking and OverbearanceAppendix 18 Section 1 Residential ExtensionsAppendix 18 Section 1.4 Privacy & Amenity
Decision Document Summary
The application seeks retention of clear glazing for a high-level window on the eastern elevation of a single-story extension at 41A Kincora Road, Clontarf. This follows a previous Board decision (ABP-310237-21) that had conditioned the window to be opaque to prevent overlooking. The neighboring residents at No. 43 appealed the local authority's decision to grant retention, citing concerns regarding 'perceived overlooking' and loss of privacy. The Inspector's assessment found that the window is ...SOURCE PDFOpen Original
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