5147/22

PROTECTED STRUCTURE: The development will consist of: A. The demolition of an existing non-original single storey garage and shed to the rear of the property. B. The construction of a detached three storey, flat roof, three-bedroom mews type dwelling to the rear of 138 Rathgar Road a protected structure, (in separate ownership), with main pedestrian access onto Garville Road, C. All ancillary site services, rooflights, privacy screens, bicycles, bin stores and landscaping.

Refused

Core Refusal Reason

The proposal constitutes overdevelopment of the curtilage of a Protected Structure and would be visually obtrusive to the surrounding Residential Conservation Area, negatively impacting the setting and character of the protected property and the streetscape.

Decision Maker's Conclusion

  • The proposed dwelling represents overdevelopment of the back garden of No. 138 Rathgar Road, a Protected Structure likely in multiple occupancy, leading to an unacceptable loss of original garden space.
  • The structure would be visually obtrusive when viewed from the rear of the subject site and surrounding Protected Structures, adversely impacting their setting and the character of the Conservation Area.
  • The revised two-storey design is considered architecturally inferior to the original proposal and would create an incongruous transition in the streetscape on Garville Road, appearing at odds with the height of adjoining dwellings.

Cited Policies (CDP)

Zoning Objective Z2Policy BHA2Policy BHA9Policy BHA10Policy BHA14Section 15.3.3Section 15.3.4Section 15.13.5.1Section 15.13.5.2Section 15.15.3.2Section 15.11.3Policy QHSN6

Decision Document Summary

The applicant sought permission for a three-storey, three-bed mews dwelling on an L-shaped site formed by a garage on Garville Road and the rear garden of 138 Rathgar Road, a Protected Structure. Dublin City Council initially refused permission due to the three-storey height and massing being out of character with the Z2 Residential Conservation Area. During the First Party Appeal, the applicant submitted a revised two-storey scheme to mitigate these concerns. However, the Inspector concluded th...
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