Core Refusal Reason
The Planning Authority refused the application due to the loss of a sustainable neighbourhood infrastructure facility (medical practice), which they deemed a contravention of Special Local Objective No. 10 and Policy Objective PHP2. However, the Inspector recommended a grant of permission, noting that the facility is being replaced by a larger, modern, and more accessible clinic nearby, and that the proposed residential use represents a return to the building's original purpose.
Decision Maker's Conclusion
- The relocation of the medical practice to a significantly larger (795sqm) and more accessible facility in Dun Laoghaire Shopping Centre ensures an uplift in service provision rather than a net loss of sustainable neighbourhood infrastructure.
- The inherent physical constraints of the building as a Protected Structure, including the lack of ramps/lifts and poor modern ventilation, make it increasingly unsuitable for its current use as a public medical facility.
- Returning the property to a single family residence is consistent with its original architectural intent and its 'A' zoning, while also facilitating the substantial renovation needed to preserve the structure's long-term heritage value.
Cited Policies (CDP)
Zoning Objective 'A'Special Local Objective No. 10Policy Objective PHP2Policy Objective PHP3Section 2.4.3 (Sustainable Neighbourhood Infrastructure)Policy CA4 (Climate Change Action Plan)Policy CA6 (Retrofit and Reuse of Buildings)Section 4.2.1 (Sustainable Communities and Neighbourhood Infrastructure)Policy T19 (Car Parking Standards)Section 11.4 (Heritage and Conservation)Section 11.4.1 (Record of Protected Structures)Policy HER7 (Record of Protected Structures)Policy HER8 (Works to a Protected Structure)Section 12.3 (Neighbourhood, People, Homes and Place)Section 12.3.2 (Sustainable Neighbourhood Infrastructure)Section 12.3.1 (Quality Design)Section 12.3.7 (Additional Accommodation in Existing Built Up Areas)Section 12.4.5.1 (Car Parking Standards)Section 12.4.6 (Cycle Parking)Section 12.8.3 (Open Space Quantity for Residential Development)Section 12.11 (Heritage)Section 12.11.2 (Architectural Heritage – Protected Structures)Section 12.11.2.1 (Works to a Protected Structure)Section 12.11.2.3 (Development within the Grounds of a Protected Structure)
Decision Document Summary
The proposal involves the change of use of 21 Summerhill Road, Dun Laoghaire, from a medical practice back to its original use as a single-family residence. The building is a Protected Structure (RPS 1071) located in a predominantly residential area. The Planning Authority initially refused permission, citing concerns over the loss of a neighbourhood infrastructure facility. The Inspector's assessment overturned this logic, highlighting that the practice is moving to a nearby 3,298sqm HSE-backed...SOURCE PDFOpen Original
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View the appeal at An Bord Pleanála