Core Refusal Reason
The applicant failed to demonstrate legal consent from the adjoining neighbor for the removal of a shared chimney stack and did not provide a professional structural assessment to ensure the safety of the remaining structure.
Decision Maker's Conclusion
- The removal of the shared chimney stack was conducted without the necessary legal consent from the directly affected neighbor at No. 14.
- There is a lack of technical evidence or a professional engineer's report to confirm the structural stability and safety of the remaining truncated chimney stack.
- While the principle of chimney removal for BER improvement is acceptable, the unauthorized nature of the works to a shared structure necessitates proof of consent and structural verification.
Cited Policies (CDP)
Decision Document Summary
The application sought retention permission for elevational alterations involving the removal of a shared chimney stack at 13 Knocknacarra Park, a semi-detached dwelling in Galway. Although the Planning Authority considered the visual impact acceptable and consistent with the neighborhood's character, the proposal faced significant third-party objections. The decision to refuse (or request further information) was based on the applicant's failure to provide evidence of legal consent from the nei...SOURCE PDFOpen Original
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