4211/22

Retention planning permission for retention of existing single storey structure (total floor area 63m. sq. comprising 2 no self-contained residential units, 1B & 1C at ground floor level.

Refused

Core Refusal Reason

The development represents inappropriate backland development and overdevelopment that provides a seriously substandard level of residential amenity, failing to meet mandatory national apartment standards and negatively impacting the character and setting of the Z2 Residential Conservation Area.

Decision Maker's Conclusion

  • The proposed two-bedroom apartment is significantly substandard in scale, providing only 50.6 sq.m of floor area which is well below the 73 sq.m requirement (or 63 sq.m minimum for 3-person units) mandated by the 2022 Apartment Guidelines.
  • The development results in excessive site coverage that eliminates necessary private amenity space for the original dwelling and provides only poor-quality, 'covered' amenity space for the new unit with no direct sunlight access.
  • The retention of this structure would set a negative planning precedent for inappropriate backland development and would fail to protect or improve the amenities of the residential conservation area as required by the Z2 zoning objective.

Cited Policies (CDP)

Zoning Objective Z2Section 14.7.2Chapter 5 (Quality Housing and Sustainable Neighbourhoods)Chapter 15 (Development Standards)Section 15.9 (Apartment Standards)Section 15.13.4 (Backland Housing)Appendix 18 (Ancillary Residential Accommodation)Appendix 3 (Plot Ratio and Site Coverage)Policy QHSN2Policy QHSN10Policy QHSN36Policy QHSN37Policy BHA9

Decision Document Summary

This case concerns the retention of a residential extension at the rear of No. 72 Drumcondra Road Lower, a property of regional architectural interest. While the applicant attempted to address initial refusals by modifying the proposal from three self-contained units to one two-bedroom apartment at the appeal stage, the Inspector found the scheme fundamentally flawed. Located in a Z2 Conservation Area, the development constitutes overdevelopment that consumes almost the entire rear garden of the...
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