Core Refusal Reason
The structure, by reason of its scale, height, and proximity to site boundaries, represents a visually incongruous and overbearing feature that seriously injures the residential and visual amenities of adjoining properties and is contrary to the 'RS - Residential' zoning objective.
Decision Maker's Conclusion
- The scale and design of the structure, combined with increased ground levels, create a dominant and visually incongruous feature that detracts from the character of the residential area.
- The development has a significant negative impact on the residential amenity of neighboring properties due to visual intrusion, overlooking (particularly toward No. 31), and probable overshadowing (particularly toward No. 35).
- Retention of the structure would set an undesirable precedent and fail to comply with the specific development management standards for garden rooms set out in the County Development Plan.
Cited Policies (CDP)
Fingal County Development Plan 2023-2029Section 14.10.4 (Garden Rooms)Chapter 13 (Vision for Residential Development)RS - Residential Zoning ObjectiveCondition 30 of Parent Permission F99/A1620
Decision Document Summary
The application seeks retention permission for a 22 sq.m detached single-storey office/gym in the rear garden of a mid-terrace house at 33 The Boulevard, Tyrrelstown. The site context is unique as the original parent permission (F99/A1620) contained a condition removing exempted development rights for such structures due to small garden sizes and high visibility from public rear parking courts. The Inspector noted that the applicant raised ground levels by 0.7m, increasing the effective height o...SOURCE PDFOpen Original
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