Core Planning Reasoning
The proposed development is considered acceptable as it aligns with Zoning Objective A and Policy PHP19 of the Dun Laoghaire Rathdown County Development Plan 2022-2028, which encourages infill development and compact urban growth while protecting existing residential amenities.
Decision Maker's Conclusion
- The principle of infill development is strongly supported by current local and national policy (including Policy PHP19), representing a significant shift from the policy environment of the 1980s and 1990s when previous refusals occurred.
- The contemporary, split-level design of the house is appropriate for the site and configuration, ensuring no significant overbearing, overshadowing, or overlooking impacts on the neighboring property at No. 117 or the houses in Charleville.
- The dispute regarding legal interest and ownership of the landscaped strip along Charleville is a matter for the civil courts; per Section 34(13) of the Planning Act, this does not preclude a grant of permission, particularly as the Council provided a letter of consent for the works.
Cited Policies (CDP)
Zoning Objective APolicy PHP19Policy PHP18Section 12.3.7.5 (Corner/Side Garden Sites)Section 12.4.8.1 (Vehicle entrances and exits)
Decision Document Summary
The application seeks permission for a 162sqm contemporary, 3-bedroom, part single/part two-storey house in the rear garden of 'Glenholme', a bungalow on a corner site at 115 Churchtown Road Lower. The development includes a new vehicular entrance from the Charleville cul-de-sac, necessitating the removal of a portion of a landscaped strip. The project was remitted from the High Court following a previous appeal. Third-party appellants argued the house would be overbearing, out of character, and...SOURCE PDFOpen Original
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