Core Refusal Reason
The development causes unacceptable overlooking of neighboring properties and is ancillary to an unauthorized conversion of the building into four apartments.
Decision Maker's Conclusion
- The elevated nature of the fire escape and associated flat roof area creates new and unacceptable overlooking into the private rear yards and windows of adjacent residential properties.
- The works are considered ancillary to the unauthorized use of the building as four separate apartments, which does not have the benefit of planning permission.
- The Planning Authority is legally precluded from granting retention permission for works that are ancillary to an unauthorized development, as this would conflict with Section 32 of the Planning and Development Act 2000.
Cited Policies (CDP)
Section 13.8.9.1
Decision Document Summary
This application sought retention permission for a fire escape stairs and alterations to the rear elevation of a two-storey mid-terrace building at 10 St Mary's Road, Dundalk, which is currently divided into four apartments. Louth County Council refused the proposal on two main grounds: firstly, that the structure facilitates overlooking into neighboring properties (specifically 91 Chapel Street), causing a loss of residential amenity; and secondly, that the fire escape is an ancillary element t...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.