Core Planning Reasoning
The Inspector recommended a grant of permission as the structure is ancillary to the main dwelling, modest in scale, and consistent with the residential zoning and landscape objectives of the Cork City Development Plan 2022-2028.
Decision Maker's Conclusion
- The development is consistent with Development Plan policy 11.148 regarding its modest scale relative to the existing dwelling and its intended domestic use.
- The structure does not result in significant adverse impacts on residential or visual amenities, particularly within the 'Area of High Landscape Value', due to its single-storey height and set-back position.
- Matters regarding boundary disputes and legal wayleaves are civil issues for resolution in the Courts and do not preclude a grant of permission per Section 34(13) of the Planning and Development Act 2000.
Cited Policies (CDP)
Zoning ZO1 Sustainable Residential NeighbourhoodsZoning Objective 1Paragraph 11.148 (Detached Habitable Room)Section 6.13 (Areas of High Landscape Value)Section 10.326 (Kilnap Area)Section 11.12 (New Development)
Decision Document Summary
This report assesses an application for the retention of a 54 sq.m. single-storey domestic garage to the rear of a detached house in Kilnap, Cork. The site is located within an 'Area of High Landscape Value' and is zoned for Sustainable Residential Neighbourhoods. A third-party appeal was lodged by a neighbor (Liam McElhinney) citing encroachment on his property, building over a wayleave, and potential drainage interference. The Inspector noted that the Planning Authority had already conducted a...SOURCE PDFOpen Original
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