Core Refusal Reason
The development would involve the loss of a public on-street parking space to facilitate a private vehicular entrance, which materially contravenes Dublin City Council policy to protect communal parking resources and would set an undesirable precedent for similar developments.
Decision Maker's Conclusion
- The loss of a public on-street parking space is not justified by the applicant's desire for private EV charging, as on-street charging is achievable and off-street parking is not a prerequisite.
- While the Inspector found that potential damage to the adjacent street tree could be mitigated by conditions, the primary conflict with parking management policy remains a fundamental barrier to permission.
- The retention of the vehicular entrance would materially contravene the Dublin City Development Plan 2022-2028, which prioritizes the retention of on-street parking for the wider community over private residential access.
Cited Policies (CDP)
Policy SMT2Policy SMT25Policy SMT29Policy CA25Objective CAO4Section 15.6.9Appendix 5, Section 4.1Policy MT14 (2016-2022 Plan)Section 16.38.9 (2016-2022 Plan)
Decision Document Summary
The application seeks retention permission for alterations to the front railings of a mid-terrace Victorian dwelling at 59 Bath Avenue, Sandymount, to facilitate off-street vehicular parking. The site is located within a 'Z1' residential area characterized by high demand for on-street 'pay and display' and permit parking. The Planning Authority refused the application citing the loss of communal parking and negative impacts on a semi-mature street tree. The Inspector's assessment focused on the ...SOURCE PDFOpen Original
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