F22A/0469

The revisions will consist of a) Construction of an additional third

Refused

Core Refusal Reason

The proposed additional storey would create an overbearing, jarring, and incongruous feature that results in significant overshadowing and a loss of daylight for adjacent residential properties, particularly failing to respect the low-rise character of the surrounding established neighborhood.

Decision Maker's Conclusion

  • The transition between the proposed four-storey building and the surrounding single and two-storey dwellings is considered too abrupt and jarring, failing to respect the massing and character required by Objective DMSO31.
  • The proximity and height of the additional floor would have an unacceptable overbearing impact on the property at No. 92 Binn Eadair View, especially regarding its rear conservatory and private amenity space.
  • Technical assessment of daylight and sunlight indicates that several neighboring windows would experience a reduction in Vertical Sky Component (VSC) below BRE recommended levels, and the provision of four extra units does not outweigh the resulting loss of residential amenity.

Cited Policies (CDP)

Fingal Development Plan 2023-2029Section 3.5.11Section 3.5.12Section 3.5.13Section 14.5.1Section 14.5.3Section 14.6.3Section 14.6.4Section 14.6.6.1Section 14.6.6.3Section 14.6.6.4Section 14.7Section 14.10.1Section 14.13.3.4Section 14.17.2.1Section 14.17.7Objective DMSO22Objective DMSO31Objective SPQHO42Objective DMS39 (2017-2023 Plan)Objective PM44 (2017-2023 Plan)

Decision Document Summary

This Inspector's Report concerns a first-party appeal against Fingal County Council's decision to refuse permission for modifications to a previously permitted development (F20A/0715) at a 0.28ha backland site behind 'The Elphin' public house in Baldoyle. The proposal seeks an additional third floor to provide 4 extra apartments, creating a four-storey building with 25 total units. While the Inspector acknowledged the site's brownfield status and national policy support for increased density in ...
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