Core Refusal Reason
The development would result in the loss of long-established public open space protected by a 'Deed of Dedication' and previous planning conditions (C2404), while also causing significant injury to adjacent residential amenities through overlooking and overshadowing due to inadequate separation distances.
Decision Maker's Conclusion
- The site is legally and historically established as public open space under a Deed of Dedication and its development would contravene Condition No. 6 of the original estate permission (Ref. C2404).
- The proposed design fails to meet the 22-metre separation distance requirement between opposing first-floor windows, resulting in unacceptable overlooking and overshadowing of rear gardens in Delaford Avenue.
- While the site's zoning allows for residential use in principle, the loss of existing amenity space and biodiversity would have a negative impact on the proper planning and sustainable development of the area.
Cited Policies (CDP)
South Dublin County Development Plan 2022-2028Zoning Objective RESZoning Objective Open SpacePolicy H13 Residential ConsolidationH13 Objective 5Policy COS5 Parks and Public Open Space Objective 7Section 12.6.8 Infill sitesSection 3.13 of Appendix 1 (Privacy and Separation Distances)
Decision Document Summary
The proposal involves the construction of 4 no. 5-bedroom semi-detached houses on a 0.23ha greenfield site at Knocklyon Road, Dublin 16. The site currently functions as a grassed amenity area within the Delaford/Knocklyon Woods housing estate. The Inspector's primary argument focuses on the site's status as dedicated public open space, noting that South Dublin County Council has maintained the land for decades under a 1971 Deed of Dedication. A key technical conflict exists where the appellant a...SOURCE PDFOpen Original
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