Core Refusal Reason
The proposed development constitutes overdevelopment of a restricted site, resulting in an unreasonable overbearing impact on adjacent residential properties (Vevay Lodge and No. 6 Mountain Villa) and previously permitted apartments, while providing a substandard level of residential amenity for future occupiers due to overshadowing and poor outlook.
Decision Maker's Conclusion
- The 2.5-storey block would be visually overbearing and obtrusive when viewed from immediate north-easterly and western abuttals due to insufficient setbacks and its elevated position atop the podium.
- The reduction and configuration of the communal open space would result in significant overshadowing and a poor quality of amenity that fails to meet the standards of the 2023 Apartment Guidelines and the County Development Plan.
- Internal residential amenity is compromised by the use of obscure glazing and raised sill heights necessitated by the proximity to boundaries, which the Inspector considers a clear indicator of overdevelopment.
Cited Policies (CDP)
Zoning Objective 'A'Policy Objective PHP18 (Residential Density)Policy Objective PHP19 (Existing Housing Stock – Adaptation)Policy Objective PHP20 (Protection of Existing Residential Amenity)Policy Objective PHP35 (Healthy Placemaking)Section 12.3.3 (Quantitative Standards for All Residential Development)Section 12.3.5.2 (Separation Between Blocks)Section 12.3.7.7 (Infill)Section 12.4.5.6 (Residential Parking)Section 12.4.6 (Cycle Parking)Section 12.4.7 (Motorcycle Parking)Section 12.8.3.1 (Public Open Space)Section 12.8.5.3 (Communal Open Space – Quality)
Decision Document Summary
Kavco Saint Germaine Projects Ltd appealed the refusal of permission for 4 additional apartments (bringing the total to 35) on a 0.25Ha infill site in Ballybrack Village. The proposal involves constructing a new residential block on the upper ground floor podium of a scheme already under construction. While the Inspector acknowledged that high-density residential development is acceptable in principle under the 'A' zoning and national policy, they determined that this specific proposal fails to ...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.
PDF Document Missing
The original decision document for this case could not be linked. This often happens for older cases or those with restricted documentation.
Search for case on ABP