5282/22

The development will consist of the demolition of the 3 existing vacant shed units and the construction of 3 two-storey, two-bedroom plus study mews Houses with existing access from Saint Brendan's Cottages including 3 off street carparking spaces.

Refused

Core Refusal Reason

The Inspector recommended granting permission, overturning the Planning Authority's refusal, concluding that the applicant demonstrated sufficient legal interest to make the application and that the development constitutes an appropriate and high-quality use of underutilised backland on appropriately zoned land.

Decision Maker's Conclusion

  • The applicant has demonstrated sufficient legal interest to enable the planning authority to consider the application, with the planning system not being the proper forum for resolving civil title disputes.
  • The proposed houses represent an acceptable form of infill and backland development that provides a significant visual improvement over the current dilapidated state of the site and the gated access arrangements.
  • Impacts on residential amenity regarding overlooking and overbearance are considered acceptable within an urban infill context, with specific design measures and planning conditions providing adequate mitigation.

Cited Policies (CDP)

Zoning Objective Z1 (Sustainable Residential Neighbourhoods)Zoning Objective Z2 (Residential Conservation Areas)Policy BHA9 (Conservation Areas)Section 15.5.2 (Infill Development)Section 15.11.4 (Separation Distances (Houses))Section 15.13.4 (Backland Housing)Section 15.9.18 (Overlooking and Overbearance)Policy SI16 (Site-Specific Flood Risk Assessment)Policy QHSN2 (National Guidelines)Policy QHSN10 (Urban Density)Policy QHSN37 (Houses and Apartments)

Decision Document Summary

The proposal seeks the demolition of three vacant shed units (237 sq.m) and the construction of three two-storey houses with three off-street car parking spaces on a 629 sq.m backland site at the rear of Saint Brendan's Cottages, Ringsend, Dublin 4. The Planning Authority had refused permission based on two grounds: lack of proven legal interest in the laneway access and concerns regarding overdevelopment, overlooking, and overbearing impacts on adjoining properties. The Inspector's assessment c...
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