Core Planning Reasoning
The Inspector recommended the removal of Condition 2, concluding that the proposed attic conversion is a modest amendment that does not adversely affect residential or visual amenity, and that requirements regarding habitable status and building standards are more appropriately addressed through Building Control regulations.
Decision Maker's Conclusion
- The proposed rooflights, being flush with the roof plane, do not give rise to an injury of visual amenity and the application generally complies with the County Development Plan standards for attic conversions.
- Planning conditions should not be used to regulate matters like 'habitable status' or fire safety which are governed by the Building Control Act and separate legislative codes.
- The development is a modest amendment to an existing residential use and Condition 2 is not necessary for the proper planning and sustainable development of the area.
Cited Policies (CDP)
Section 14.10.2.5: Roof Alterations including Attic Conversions and Dormer ExtensionsZoning Objective RS Residential
Decision Document Summary
The application relates to a proposed attic conversion at a duplex apartment at 10 Boroimhe Elmes, Swords, Co. Dublin. While Fingal County Council granted permission, they attached Condition 2, which effectively restricted the space to storage only and required the omission of several rooflights. The applicant appealed this specific condition. The Inspector found that the proposed rooflights are acceptable in terms of visual impact and do not harm the streetscape. Regarding the habitable use res...SOURCE PDFOpen Original
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