2241581

Permission for change of use from existing single-storey storage shed to domestic dwelling house at 230 Lower Pouladuff Road, Cork City, T12PP84. proposed works to include: (1) Removal of existing open canopy, to front and side of building; (2) Construction of new first-floor habitable space, elevational alterations of existing building, to include dormer windows to rear elevation; (3) All associated site works.

Refused

Core Refusal Reason

The proposed development would result in direct overlooking of the rear and side gardens of adjacent residential properties due to the positioning of dormer windows on the site boundary, thereby seriously injuring residential amenity and setting an undesirable precedent.

Decision Maker's Conclusion

  • The revised internal floor plans submitted at the appeal stage successfully meet the minimum aggregate living and bedroom area requirements of the 'Quality Housing for Sustainable Communities' guidelines.
  • The proposed dormer windows, located directly on the western boundary wall, would cause significant and unacceptable overlooking into the private amenity spaces of No. 12 and No. 14 Edward Walsh Road.
  • The development is not considered an appropriate design solution for the site context and would set an undesirable precedent for further inappropriate backland development in the vicinity.

Cited Policies (CDP)

ZO 1Objective 3.4Objective 11.3Section 11.89Section 11.66Section 11.145Section 11.100Section 11.101Section 11.105Section 11.107Section 11.139

Decision Document Summary

The proposal involves the change of use of a single-storey shed (formerly used for car maintenance and retail) at 230 Lower Pouladuff Road, Cork, into a two-storey, three-person domestic dwelling. The site is a restricted backland plot located behind a line of mature suburban houses and accessed via a narrow 5.39m wide laneway. While the Inspector acknowledged that the applicant's revised appeal-stage plans rectified initial internal space deficiencies, the fundamental issue remained the buildin...
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