Core Reason for the Refused Part
The Inspector recommends granting permission and retention permission as the development complies with the Fingal Development Plan 2023-2029; specifically, the 19m separation distance between windows does not constitute 'excessive overlooking' given the existing boundary screening and high design quality.
Decision Maker's Conclusion
- The design of the extensions is of a high standard and the 19-metre separation distance between opposing first-floor windows is acceptable under the new development plan, as high boundary walls and trees ensure a reasonable degree of privacy.
- The replacement of a bedroom window with permanently obscured glazing and the retention of a brick-faced porch do not raise significant planning concerns or impact residential amenity negatively.
- The development accords with the 'RS' zoning objective to provide for, protect, and improve residential amenity and is consistent with the proper planning and sustainable development of the area.
Cited Policies (CDP)
RS Zoning ObjectiveObjective DMS28 (Fingal Development Plan 2017-2023)Section 14.10.2.1 (Fingal Development Plan 2023-2029)Section 14.10.2.5 (Fingal Development Plan 2023-2029)Classes 1 and 3 of Part 1 of Schedule 2 of Planning and Development Regulations 2001
Decision Document Summary
The application seeks retention for a two-storey rear extension and front porch, alongside permission for window alterations at 8 Warrenstown Green, a semi-detached suburban house. Fingal County Council initially issued a split decision, refusing the rear extension due to a breach of the 22m separation distance rule (Objective DMS28). During the appeal, the Fingal Development Plan 2023-2029 superseded the previous plan, removing the rigid 22m requirement in favor of a policy to avoid 'excessive ...SOURCE PDFOpen Original
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