The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.
The public notices, plans and particulars submitted appear to be inaccurate and inconsistent by describing elements as new or proposed which are already in place and not clarifying if retention permission or demolition is sought for the existing unauthorised side and rear exensions, the floor area of which appears to be incorporated into the newly proposed extension. The proposed development, as it stands, appears to seek an extension of unauthorised development (side and rear extensions, vehicular access, car parking layout, boundary wall) for which planning permission does not exist and for which retention permission has not been sought. The Planning Authority is precluded from issuing a grant of permission and permission is therefore refused.
Official final decision · PDF page 1The applicant has failed to demonstrate adherence to SDCC requirements for visibility and sightlines at the vehicular access and the impact of the boundary wall on the neighbouring businesses vehicular access. Therefore, the proposal constitutes a traffic hazard and is contrary to the proper planning and sustainable development of the area.
Official final decision · PDF page 2The existing unauthorised rear extension, and the proposed rear extension that would replace it, is sited approximately 2m from the watercourse south of the application site, contrary to the 10m minimum setback for new development prescribed in policy GI3 Objective 3 of the South Dublin County Development Plan 2022-2028, and would therefore represent encroachment on the riparian buffer to the watercourse, contrary to Council policy and to the proper planning and sustainable development of the area.
Official final decision · PDF page 2The applicant has failed to provide adequate information relating to the potential impact on the pNHA arising both from the proximity of development and also from the potential loss of green infrastructure and non-provision of natural SUDs within the site. The proposed therefore represents a risk to the visual, recreational, environmental, ecological, industrial heritage and amenity of the Grand Canal proposed Natural Heritage Area, in contravention of policy NCBH4, and objectives 1 and 2 of that policy, and policy NCBH 9 Objective 4 of the South Dublin County Development Plan 2022 – 2028, and would be contrary to the proper planning and sustainable development of the area.
Official final decision · PDF page 2The applicant's additional information response does not address the issues raised in the request for Additional Information. In the absence of adequate information the Planning Authority is unable to adequately assess some aspects of the proposal, including the overall floor area of the proposal, possible accommodation at mezzanine / first floor level and proposals in relation to the roof. A grant of permission in such circumstaces would be contrary to the proper planning and sustainable development of the area.
Official final decision · PDF page 2
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