SD22B/0230

Retention of the extension of the existing single storey rear garage/out building to provide single storey residential accommodation accessible from the existing rear garden of the main house and through the existing access off the rear laneway. The residential accommodation is ancillary to the main house and used exclusively by the occupants of the main house for private family/residential use.

Refused

Core Refusal Reason

The development fails to comply with policy requirements for 'Family Flats' as it is a detached structure lacking internal integration or a physical link with the main dwelling house, thereby constituting an inappropriate form of backland development.

Decision Maker's Conclusion

  • The proposed development fails to meet the criteria for family flats because it lacks a direct internal access door connecting it to the main dwelling house, as required by the Development Plan.
  • The detached nature of the structure creates a risk of it being utilized as a separate, standalone residential unit, which would be an inappropriate form of backland development that does not comply with open space or parking standards.
  • Because the unit is physically separated from the main house, it cannot be readily subsumed back into the primary residence when no longer needed, which is a fundamental requirement for ancillary family accommodation.

Cited Policies (CDP)

Policy H19 (South Dublin County Council Development Plan 2016-2022)Section 11.3.3(ii) (South Dublin County Council Development Plan 2016-2022)H19 Objective 1 (South Dublin County Council Development Plan 2016-2022)Policy H15 (South Dublin County Council Development Plan 2022-2028)H15 Objective 1 (South Dublin County Council Development Plan 2022-2028)Section 6.8.3 'Family Flats' (South Dublin County Council Development Plan 2022-2028)Section 12.6.8 'Residential Consolidation: Family Flats' (South Dublin County Council Development Plan 2022-2028)Section 11.3.1(iv) Dwelling StandardsSection 11.3.2(ii) Corner / Side Garden SitesSection 11.3.2(iii) Backland Development

Decision Document Summary

This report concerns an appeal against the refusal of retention permission for a single-storey residential unit converted from a garage at the rear of 116 Palmerstown Avenue, Dublin 20. The 49.5sqm unit, containing two bedrooms and a kitchen/living area, was intended for the applicant's mother-in-law. The site is located in a residential area zoned 'RES'. The Planning Authority initially refused permission due to non-compliance with family flat policies and concerns regarding excessive scale and...
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