Core Planning Reasoning
The appeal was a Section 139 application regarding conditions only; the Inspector recommended the removal of occupancy and social housing conditions as they were not on the parent permission and deemed the amendment of a footpath condition necessary to ensure orderly development while avoiding unnecessary construction waste.
Decision Maker's Conclusion
- Condition No. 5 (occupancy) and Condition No. 6 (Part V agreement) should be removed as they are unnecessary and unreasonable given the proposal is an amendment to an extant permission (ABP-306798-20) where such conditions were not previously applied.
- Condition No. 2 should be amended to allow for the agreement of construction details with the Planning Authority, facilitating the potential to maintain and extend the existing footpath rather than requiring its complete removal and replacement.
- The proposed development remains consistent with the 'Rural Cluster' zoning and the settlement strategy of the Fingal County Development Plan, presenting a reduced scale from the originally permitted dwelling.
Cited Policies (CDP)
Fingal County Development Plan 2023-2029Land Use Zoning 'RC - Rural Cluster'Policy CSP47Obj. CSO81Section 3.5.11Section 3.5.15Policy SPQHP45Policy SPQHP46Section 3.5.15.2Policy SPQHP54Obj. SPQHO65Obj. SPQHO67Obj. SPQHO68Obj. SPQHO69Section 9.6.14Section 9.6.15Policy GINHP26Obj. GINHO60Section 9.6.17Policy GINHP28Obj. GINHO67Chapter 14Section 14.12Section 14.12.1Section 14.12.6Section 14.17
Decision Document Summary
The proposal seeks amendments to a previously permitted two-storey, three-bedroom detached dwelling at Hacketstown, Skerries. Key revisions include a reduced floor area (185.82 sqm), a lower ridge height, and the recessing of the roadside boundary to accommodate a 2m wide footpath. The site is located within the Holmpatrick rural cluster on the R128 Regional Road. The Inspector's primary arguments focus on the validity of the parent permission (ABP-306798-20), noting that it is inappropriate to ...SOURCE PDFOpen Original
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