Core Planning Reasoning
The Inspector recommended the removal of Condition 3, concluding that the 1.8m wooden fence is necessary for safety due to a 5m drop and provides essential privacy without negatively impacting the special character of the Protected Structure, as it is not visible from the public realm.
Decision Maker's Conclusion
- The special architectural interest of the Protected Structure is not compromised because the fence is located in the rear curtilage and is not visible to the public.
- The 1.8m height is functionally necessary for safety given the 5m sheer drop between properties and provides requisite privacy for the occupants of different levels.
- The Planning Authority's requirement to reduce the fence height to 1.2m was considered arbitrary and would not significantly reduce the visual impact of the existing structure.
Cited Policies (CDP)
Objective A Residential zoningPolicy Objective 11.4.1.2.2Section 12.11.2.1Policy Objective HER8Blackrock LAP 2015-2025Architectural Heritage Protection Guidelines Section 13.3.1Architectural Heritage Protection Guidelines Section 6.14.2
Decision Document Summary
This report evaluates a first-party appeal against Condition 3 of a retention permission granted by Dun Laoghaire Rathdown County Council for works at 15 Idrone Terrace, Blackrock, a Protected Structure. The condition required a 1.8m high wooden fence in the rear garden to be reduced to 1.2m. The site consists of a mid-terrace two-storey over basement dwelling undergoing refurbishment into separate residential units. The Inspector, exercising powers under Section 139 of the Planning and Developm...SOURCE PDFOpen Original
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