Core Refusal Reason
The retention of doors and planters would facilitate the habitual use of flat roof areas as amenity spaces, leading to unacceptable overlooking and loss of privacy for neighboring residents, in contravention of previous planning conditions and zoning objectives.
Decision Maker's Conclusion
- The retention of doors providing access to flat roof areas would lead to the habitual use of these spaces as balconies or terraces, resulting in significant overlooking and a detrimental impact on the residential amenity of adjoining properties.
- The proposal is contrary to the land-use zoning objectives of the Dungarvan Town Development Plan, which specifically seeks to protect and provide for residential development at medium density while safeguarding existing amenities.
- The development materially contravenes conditions 10 and 11 of planning reference 19/898 and condition 1 of planning reference 20/512, which were expressly included to prevent the use of flat roofs as amenity areas to protect neighbor privacy.
Cited Policies (CDP)
Section 7.8 of Variation No. 1 to the Waterford County Development Plan 2011Dungarvan Town Development Plan 2012-2018 landuse zoning objective
Decision Document Summary
The application sought the indefinite retention of alterations to a dwelling at Sarsfield Street, Abbeyside, Dungarvan, including doors accessing flat roof areas and the placement of planter boxes. The site is located in a residential area adjacent to the Waterford Greenway. Waterford City and County Council refused the application because the access points facilitate the use of flat roofs as outdoor terraces, which causes direct overlooking of neighboring gardens and homes. This use was found t...SOURCE PDFOpen Original
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