Core Refusal Reason
The proposed development's suboptimal footprint and location would result in an overbearing impact and overshadowing of the neighboring property (No. 20), while failing to meet the mandatory 2.3-metre minimum separation distance between detached dwellings.
Decision Maker's Conclusion
- The proposed dwelling's significant projection (approximately 8m) beyond the rear building line of the adjacent property would cause unacceptable visual overbearing and overshadowing impacts.
- The layout fails to comply with the 2.3-metre minimum separation distance required between detached dwellings, representing an over-development of a constrained site.
- While infill development is encouraged in principle under the RS zoning, this specific proposal is considered seriously injurious to existing residential amenities and contrary to proper planning.
Cited Policies (CDP)
RS Zoning ObjectivePolicy CSP14 (Consolidation and Re-intensification)Policy CSP22 (Howth, Sutton and Baldoyle)Policy SPQHO39 (New Infill Development)Policy SPQHO42 (Development of Underutilised Infill, Corner and Backland Sites)Section 14.10.1 (Corner / infill Development)Policy Objective DMSO32 (Infill Development Criteria)Policy Objective DMSO26 (Separation Distance between Side Walls of Units)Section 14.21.1 (Re-use of existing buildings)Policy CAP8 (Retrofitting and Reuse of Existing Buildings)Section 14.6.6.4 (Overlooking and Overbearance)
Decision Document Summary
This report assesses a first-party appeal regarding the construction of a new 2-storey, 3-bedroom infill dwelling at 21 Asgard Park, Howth, following a refusal by Fingal County Council. The site context involves a suburban housing estate where the applicant seeks to subdivide a plot and replace an existing garage with a new house. The Inspector notes that while national and local policies (such as the Fingal Development Plan 2023-2029) promote compact growth and urban consolidation, such develop...SOURCE PDFOpen Original
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