Core Planning Reasoning
The Inspector recommended that the Planning Authority's decision to grant permission be modified by amending Condition 2; the proposal is considered acceptable in principle under the 'RS' zoning objective, provided the structure's setback is increased to 2.5m from boundaries to mitigate overbearing impacts while retaining dormer windows.
Decision Maker's Conclusion
- The proposed structure is ancillary to the main residential use and is therefore consistent with the 'RS' residential zoning objective for the area.
- While the scale of the garage is substantial, the 10m setback required by the Planning Authority is considered excessive; a 2.5m setback from the northern and eastern boundaries is sufficient to protect the residential amenity of No. 36 Abington.
- The southern facing dormer windows do not pose an overlooking risk to neighboring properties due to the orientation and the presence of mature screening vegetation.
Cited Policies (CDP)
Fingal County Development Plan 2023-2029Section 14.10.2Section 14.10.4 (Garden Rooms)RS Residential Zoning ObjectiveSection 14 Development Management StandardsChapter 13
Decision Document Summary
The applicant sought permission for a large (210 sq.m) garage for classic car storage with dormer accommodation at 44 Abington, Malahide. Fingal County Council granted permission but imposed a condition (Condition 2) requiring the structure to be moved 10m away from side boundaries and the removal of dormer windows to protect neighbor amenity. The applicant appealed this condition. The Inspector noted the site is located in a high-end residential estate with large plots and found that while the ...SOURCE PDFOpen Original
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