Core Planning Reasoning
The Inspector recommended granting retention permission by removing Condition 1(b), concluding that the sanitary facilities are a reasonable and incidental feature of the shed's use as a home gym/utility space and do not facilitate unauthorized habitable use.
Decision Maker's Conclusion
- The inclusion of a W.C. is an appropriate and reasonable feature for a structure intended for use as a home gym and utility space.
- The very limited floor area of the sanitary facility (2.4 sqm) makes it highly unlikely that the structure could be converted into a habitable dwelling or accommodate a full bathroom.
- The Planning Authority maintains sufficient control through enforcement powers and the existing Condition 2, which stipulates the shed must remain incidental to the main dwelling and cannot be sold or leased separately.
Cited Policies (CDP)
South Dublin County Development Plan 2022-2028Zoning Objective RES - To protect and/or improve residential amenityPlanning and Development Regulations, 2001 (as amended), Schedule 5
Decision Document Summary
This report concerns a first-party appeal against a condition attached to a grant of retention permission for a utility shed in the rear garden of 36 Whitethorn Crescent, Dublin 24. South Dublin County Council granted permission but included Condition 1(b), requiring the removal of a W.C./bathroom within six months to prevent the building from being used as a habitable dwelling. The applicant argued the W.C. is essential for the shed's use as a gym and utility space. The Inspector noted that the...SOURCE PDFOpen Original
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