5376/22
PROTECTED STRUCTURE: Permission for the demolition of the single storey Store at the end of the rear garden onto Louis Lane and the construction of a part single and part two storey mid-terrace house to the rear of the site opening onto Louis Lane including a new boundary wall to the rear and all ancillary works.
Refused
Core Refusal Reason
The proposed development constitutes overdevelopment of a restricted plot, resulting in a substandard amount of private open space for the main dwelling (a Protected Structure) and failing to provide adequate vehicular access on a narrow, unsurfaced laneway.
Decision Maker's Conclusion
- The subdivision of the original curtilage of No. 10 Leinster Road results in a substandard level of private open space for the existing residents of the Protected Structure, which is currently in multiple-occupancy use.
- The proposed development is contrary to the Dublin City Development Plan standards for mews dwellings, as it would set an unacceptable precedent for the inappropriate subdivision of Protected Structure sites.
- The eastern section of Louis Lane is physically incapable of providing the necessary vehicular and emergency access due to its restrictive width (less than 2.5m) and unsurfaced condition.
Cited Policies (CDP)
Section 15.13.5 (Mews Dwellings)Section 15.13.5.1 (Subdivision of Gardens)Policy BHA2 (Development of Protected Structures)Policy BHA9 (Conservation Areas)Section 15.3.5.4 (Mews Access)Appendix 5, Section 4.3.8 (Mews Parking)Section 14.7.2 (Z2 Zoning)Policy BHA 14 (Mews Lanes)Dublin City Development Plan 2022-2028
Decision Document Summary
The application sought permission for a 60.2sq.m mews dwelling on a 90sq.m site at 11 Louis Lane, located within the curtilage of No. 10 Leinster Road, a three-storey Protected Structure. The site is zoned Z2 (Residential Conservation Area). While the applicant argued that the site had been legally separated from the main house for over 16 years and met plot ratio standards, the Inspector concurred with the Planning Authority's refusal. Key arguments centered on the fact that No. 10 Leinster Roa...SOURCE PDFOpen Original
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