Core Refusal Reason
The Inspector recommended a split decision, refusing retention for the boundary modification and the widened rear entrance. The boundary change was refused because it would result in a window from an adjacent unauthorized structure overlooking the site's communal space, while the widened sliding gate was refused as it would likely facilitate car parking in an area designated for residential amenity, thereby negatively impacting future occupants.
Decision Maker's Conclusion
- The principle of providing an additional apartment unit in a Town Centre location is acceptable and aligns with national and local policies regarding residential density and the active use of Protected Structures.
- While many external modifications such as rooflights and vents are visible, they are considered acceptable in the context of previous precedents and the necessity for modern ventilation and fire safety in a period building.
- Specific elements of the application, namely the boundary realignment with Feenagh House and the widening of the rear entrance/sliding gate, must be refused to protect the residential amenity of the development from overlooking and unauthorized car parking.
Cited Policies (CDP)
Objective HCAP12Objective HCA024Objective HCA026Objective HCAP14Objective HCA026Policy HCAP28Section 14.6Table 14.7
Decision Document Summary
This Inspector's Report concerns an appeal for the retention of several developments at 1 Killeen Terrace, Malahide, a Protected Structure. The works include an attic conversion to a one-bedroom apartment, a plant room, ancillary storage, and various modifications to previous permissions. Fingal County Council had refused permission citing detrimental impacts on the character of the Protected Structure and the Architectural Conservation Area (ACA). The Inspector disagreed with the blanket refusa...SOURCE PDFOpen Original
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