Core Refusal Reason
The Inspector recommends granting retention permission as the fire escape is considered essential equipment that does not seriously injure residential or visual amenities, nor does it result in significant loss of privacy to neighboring properties.
Decision Maker's Conclusion
- Condition 9 of the previous permission (PL.06D.247791) explicitly permits applications for additional equipment on the flat roof, and fire escape infrastructure falls within this definition.
- The fire escape is a safety requirement rather than a viewing platform or social terrace, meaning concerns regarding overlooking and loss of privacy for No. 22 are exaggerated and lack substance.
- While the stairs create a pinch point in the shared access lane, the lane remains perfectly passable and usable for other residents and owners.
Cited Policies (CDP)
Zoning Objective MTCSpecific Local Objective 10Specific Local Objective 135Chapter 4Chapter 7Chapter 12
Decision Document Summary
The applicant seeks retention for a fire escape and stairs at No. 21 Patrick Street, Dun Laoghaire, a building converted into a pizza restaurant. The Planning Authority refused retention, citing a material contravention of conditions from a 2017 permission (PL06D.247791) and negative impacts on the privacy of the adjacent property at No. 22. The Inspector, however, argues that those previous conditions were intended to prevent the roof's use as a terrace but did not bar necessary safety equipmen...SOURCE PDFOpen Original
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