Core Refusal Reason
The Inspector recommended a grant of retention permission, finding that while the development results in a shortfall of private open space below the standards set in Objective DMS88, it provides necessary accommodation for a growing family without negatively impacting the residential amenity of the area or adjoining properties.
Decision Maker's Conclusion
- Objective DMS88, which mandates minimum private open space for new dwellings, should not be strictly applied in a way that prevents necessary extensions for growing families in established urban areas where existing gardens are already small.
- The extension (8.8sq.m.) complies with the minimum internal room standards set out in Table 12.3 of the County Development Plan and does not cause adverse impacts such as overlooking or overshadowing to neighbors.
- The removal of the existing storage shed via a planning condition will increase the remaining usable private open space to 14.8sq.m., which is considered acceptable in this specific context.
Cited Policies (CDP)
Zoning RS (Residential)Objective PM46Objective DMS24Objective DMS42Objective DMS87Objective DMS88Table 12.1Table 12.3
Decision Document Summary
This report pertains to an appeal against Fingal County Council's decision to refuse retention permission for a single-storey rear bedroom extension and a garden shed at No. 2 Willian's Place East, Ongar. The Council's refusal was based on the reduction of private open space to below the 48sq.m. requirement (Objective DMS88). The Inspector observed that the site is within an established residential area zoned 'RS' and that the original garden was already below current standards. The Inspector ar...SOURCE PDFOpen Original
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