Core Refusal Reason
The Inspector recommended granting permission (overturning the Planning Authority's refusal) because revised drawings submitted during the appeal satisfactorily addressed concerns regarding visual amenity by retaining the boundary wall and aligning the building line, while technical concerns regarding a foul sewer were deemed manageable via conditions.
Decision Maker's Conclusion
- The revised proposal submitted at the appeal stage successfully mitigates visual impacts by maintaining the established building line and retaining the existing side boundary wall, thereby complying with infill development objectives.
- The 225mm foul sewer located in the public domain is approximately 1.2m from the site, and the Inspector concluded that development could proceed without prejudice to public health subject to standard connection agreements with Uisce Éireann.
- The development represents a sustainable use of underutilised urban land that is consistent with the 'RS' residential zoning objective and would not negatively impact traffic safety or the residential amenities of the surrounding Talbot Downs estate.
Cited Policies (CDP)
11.5.1 - Water Supply and Wastewater14.6.4 - Residential Standards14.6.6.4 – Overlooking and Overbearance14.8.2 - Separation Distances14.8.3 - Private Open Space14.10.1 - Corner/Infill Development14.17.2.1 - Bicycle Parking and Residential Development14.17.7 – Car Parking14.20.12 – Waste ManagementObjective DMSO26Objective DMSO28Objective DMSO31Objective DMSO32Objective IUO3Objective DMS29Objective DMS39Objective DMS40
Decision Document Summary
The application relates to the demolition of a single-storey garage and the construction of a new two-bedroom, semi-detached house at 13 Talbot Downs, Castleknock. The site is a corner plot within an established residential estate. Fingal County Council originally refused permission on two grounds: that the design was visually obtrusive and overbearing due to its projection forward of the building line, and that the proximity to a public foul sewer was a risk to public health. Upon appeal, the a...SOURCE PDFOpen Original
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