Core Refusal Reason
The development was refused due to the excessive scale and overbearing nature of the garden shed, which causes significant overlooking of the neighboring property, and the unauthorized creation of a self-contained residential unit within the side extension.
Decision Maker's Conclusion
- The garden shed's excessive height, size, and design are out of character with the prevailing residential pattern and result in a significant overbearing impact and undue overlooking of the adjacent property at No. 2 Bothair Waithman.
- The development fails to comply with national planning standards (SPPR 1 and SPPR 2) regarding minimum separation distances for privacy and the provision of adequate private open space for a three-bedroom dwelling.
- The side extension is designed as a self-contained residential unit without internal connection to the main house, representing an unauthorized use that is contrary to the proper planning and sustainable development of the area.
Cited Policies (CDP)
R land use zoning objectiveSection 3.6 Sustainable Neighbourhoods: Established SuburbsPolicy 3.5 Sustainable Neighbourhoods: Established SuburbsSection 11.3.1 (l) Residential ExtensionsSection 11.3.1 (k) Self Contained Residential UnitsSection 11.3.1 (c) Amenity Open Space ProvisionSection 11.3.1 (d) OverlookingSPPR 1 - Separation DistancesSPPR 2 - Minimum Private Open Space Standards
Decision Document Summary
The applicant sought retention permission for a single-storey side and rear extension and a large, elevated garden shed at 3 Bothar Waithman, Ballybane, Galway. The Planning Authority determined that the shed's scale and design are incongruous with the suburban setting and negatively impact the residential amenity of the neighboring property through overlooking and physical dominance. Furthermore, the side extension was found to be a self-contained 'granny flat' by design rather than an integral...SOURCE PDFOpen Original
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