5077/22
PROTECTED STRUCTURE: The development will consist of an amendment to planning application planning ref: 4085/22, consisting of part removal of non-original roof structure and the addition of fourth floor set-back extension of some 27 sq.m with associated roof terrace (11 sq.m) to the south; Replacement of concrete coping to existing brick gable to the street with granite coping stones, the provision of a new stairs to serve the proposed roof extension and all associated works including fireproofing, to facilitate the development.
Core Refusal Reason
The Inspector recommends granting permission on the basis that the proposed extension is a sensitive and subservient intervention that facilitates the viable restoration of a Protected Structure, noting that the existing roof fabric is non-original and the new structure is largely hidden from street level.
Decision Maker's Conclusion
- The development is compatible with the Z8 zoning objective to protect and enhance the character of Georgian Conservation Areas while allowing for limited, consistent expansion.
- The 3-meter setback behind the existing triangular brick gable ensures the penthouse extension will not be visually intrusive from the Fenian Street streetscape.
- The provision of high-quality communal living space at the roof level is essential for the residential amenity of the future student occupants and the overall viability of the building's reuse.
Cited Policies (CDP)
Decision Document Summary
This appeal relates to a proposed 27 sq m penthouse extension and 11 sq m terrace at 38 Fenian Street, a mid-Georgian Protected Structure. The Planning Authority originally refused the extension, arguing it would injure the special architectural character of the building and the Z8-zoned streetscape. However, the Inspector’s assessment found that the building's current roof structure is non-original, dating likely to the 1960s, and therefore its replacement does not constitute a loss of signific...PDF Document Missing
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View the appeal at An Bord Pleanála