An Bord Pleanála. Inspector s Report. Extension to house at 40 Castle Grove, Clontarf, Dublin 3. Claire and Damien Roddy

Transcription

1 An Bord Pleanála Ref.: PL 29N An Bord Pleanála Inspector s Report Development: Planning Application Planning Authority: Extension to house at 40 Castle Grove, Clontarf, Dublin 3. Dublin City Council Planning Authority Reg. Ref.: 3812/14 Applicant: Type of Application: Claire and Damien Roddy Permission Planning Authority Decision: Grant Planning Appeal Appellant(s): Conor Kearney and Ciara Banks Type of Appeal: Observers: 3 rd Party None Date of Site Inspection: 11/05/2015 Inspector: L. Dockery PL29N An Bord Pleanala Page 1 of 14

2 1.0 SITE LOCATION AND DESCRIPTION 1.1 The subject site, which has a stated area of 455 square metres, is located on the northern side of Castle Grove, Clontarf, Dublin 3. Castle Grove is accessed from Castle Avenue, and is considered to be a mature residential area. The subject site contains a semi-detached, two-storey residential property, with a stated floor area of approximately 130 square metres. 1.2 Works have recently been completed on the construction of a dormer window and associated works, permitted under Reg. Ref. 3073/14. Single storey extensions currently exist to the rear of the property. The rear garden area is well screened with blockwork wall and dense planting. 2.0 PROPOSED DEVELOPMENT 2.1 The proposed development, as per the submitted public notices, comprises the following: 1. proposed 1.5m extension to the entire width of the ground floor extension to the rear of the existing house and a proposed new partial first floor extension at the rear of the existing house and 1 no. new window ope in the front and side of the existing elevations and all associated site works 2.2 The stated floor area of the proposed new build is stated as being 28 square metres. 3.0 PLANNING AUTHORITY S DECISION Permission GRANTED, subject to 8 conditions. Condition No. 2 states The development shall adhere to the conditions attached to Reg. Ref. 3073/14 save as amended by conditions attached below Reason: In the interests of orderly development PL29N An Bord Pleanala Page 2 of 14

3 Condition No. 3 states The development shall be amended as follows: a) The proposed rear western first floor side window shall be either omitted or be made a high level window at least 1.8m above finished floor level b) The proposed front 1 st floor window in the existing 1 st floor recessed side wing shall be reduced in size to match the existing front box room 1 st floor window c) The proposed 1 st floor eastern side window shall match the width of the dimensions shown in plan view and not elevational view d) No flat roofed area shall be used or accessed as a roof patio or terrace Reason: In the interest of visual and residential amenity 4.0 TECHNICAL REPORTS Planner s Report The Planner s report generally reflects the decision of the Planning Authority. Engineering Department- Drainage Division Stated in Planner s Report that there are no objections, subject to conditions. No report attached to file 5.0 APPEAL GROUNDS 5.1 The grounds of appeal may be summarised as follows: Concerns regarding location, juxtaposition and scale of proposed development, together with impact on residential amenities PL29N An Bord Pleanala Page 3 of 14

4 Outlines rationale for developments to their own property Concerns regarding overshadowing and overbearing impacts, in particular on their kitchen area Overlooking of their private open space from two-storey extension Issues with regards lodging of separate applications on site No objection to the reasonable extension of the subject property but are unhappy with design and scale of that proposed Loss of residential amenity; impacts on character and pattern of development in area; overlooking; overbearing and overshadowing of their private open space- create an unnecessary level of disamenity and contrary to provisions of statutory Development Plan Outlines summary of City Development Plan and national guidelines Three main grounds of appeal are stated as being impact on residential amenities; devaluation of property and contravention of policies for residential development as set out in City Development Plan and national guidelines Massing of proposed extension will overbear, partially overshadow and overlook appellants private open space and overshadow their internal ground floor habitable space By virtue of its scale, design and proximity, their property will be devalued By removing the first floor of the proposed extension to the rear, all of their concerns with regards proposed development would be removed- would ensure the proper and sustainable development of the area was achieved PL29N An Bord Pleanala Page 4 of 14

5 Inappropriate overdevelopment- architectural integrity of this row of semi detached houses should be respected 6.0 RESPONSES 6.1 A response was received on behalf of the applicant, which may be summarised as follows: Concerns relate primarily to first floor extension to rear- no substantive objections in relation to other elements of proposal Proposed first floor extension is necessary, proportionate to the subject and surrounding structures and would not be likely to lead to material overshadowing or loss of light Precedent has already been set for this type of extension Proposed first floor extension is setback from neighbouring property by 3.4 metres- minimises the extent of any potential overshadowing and/or loss of light Outlines rationale for proposed development A side extension would have ultimately lead to a terracing of this row of houses Rear extension was deemed to be more appropriate and more in keeping with the pattern and style of development on the street Design is not dissimilar to other rear extensions in area- will integrate with existing house through use of similar materialsvarious sizes and styles evident in area Side extension deliberately set on eastern side to give maximum distance from appellants property Attempts have been made since 2010 to discuss proposals for subject dwelling Outlines local authority assessment and decision With regards issues of overlooking, accepts Condition No. 3(a) of planning authority decision- submits that proposals would create no issue of overlooking, perceived or otherwise PL29N An Bord Pleanala Page 5 of 14

6 Submits that proposed extension is, in volume terms, clearly subsidiary/subordinate and proportionate to existing dwellingconsistent with spirit of operative City Development Plan Submits that the proposal would not be likely to lead to material/significant effects in terms of daylight/sunlight- notes that the appellant s ground floor extension is not solely lit by triangular window in question Contends that there will be no material impact on residential amenities or property values 7.0 OBSERVATIONS 7.1 None 8.0 PLANNING HISTORY 3073/14 Permission GRANTED for new dormer rood to side and rear of the existing house roof creating a new attic bedroom and all ancillary site works Condition No. 2 stated The development shall be modified as follows: a) Any rainwater goods and window frames shall be of a colour that will blend with the existing primary roof colour b) The side dormer shall be amended to be a floating subordinated dormer by being set down from the primary ridgelines by at least 300mm and shall be hipped c) The sides of the side dormer shall be finished in slates or tiles to blend with the primary roof colour d) The side dormer window shall be permanently fitted with opaque glazing and shall be formed as vertical proportioned ope no larger than the existing 1 st floor side ope shown PL29N An Bord Pleanala Page 6 of 14

7 e) The proposed rear dormer shall not exceed 50% of the width of the existing main rear roof plane and shall match the setbacks from the ridgeline and eaves line achieved by the rear dormer developed at No. 38 Castle Grove and shall not accommodate solar panels whether or not they would be exempted development Reason: In the interests of visual and residential amenity 9.0 DEVELOPMENT PLAN The Dublin City Development Plan is the operative County Development Plan for the area. Zoning The site is located within Zone 1 the objective for which is to protect, provide and improve residential amenities. Section 17.9 Section Appendix 25 Standards for Residential Accommodation Extensions and Alterations to Dwellings Guidelines for Residential Extensions 10.0 ASSESSMENT I have examined all the documentation before me, including the Planner s Report of the Planning Authority and the appeal submission and have visited the site and its environs. The conditions as detailed in the decision of the Planning Authority are cited above. In essence, Condition No. 3 amends the proposed development insofar as changes are provided for the first floor side window on western elevation; first floor window in existing first floor recessed side wing and size of first floor eastern side window, all in the interests of visual and residential amenity. PL29N An Bord Pleanala Page 7 of 14

8 As an aside I note that the submitted drawings are quite misleading as they are, I assume, the same drawings that were submitted for the previous proposal for a dormer window. They have not been amended to omit the dormer element from the proposal, nor have they incorporated the alterations conditioned under that grant of permission, Reg. Ref. 3073/14. In the interests of clarity, the proposal therefore being assessed herein is that which is specifically referred to in the public notices. In the interests of clarity, I recommend that if the Bord is disposed towards a grant of permission, this issue be conditioned In my mind, the main issues relating to this appeal are Principle of proposed development Impacts on amenity of area Other issues 10.1 PRINCIPLE OF PROPOSED DEVELOPMENT The subject site is located within Zone 1 of the operative City Development Plan, which seeks to to protect, provide and improve residential amenities. This objective is considered reasonable. The proposed development, as described in the submitted public notices, provides for the construction of extensions and associated site works to an existing family dwelling. I note that extensions have been constructed to front, side and rear of other properties in the vicinity and therefore a precedent for same is considered to exist. I consider the development as proposed to be acceptable in principle and generally in compliance with the zoning objective for the area IMPACTS ON AMENITY I acknowledge the concerns raised by the appellants in their submission in relation primarily to issues of residential amenity- PL29N An Bord Pleanala Page 8 of 14

9 overlooking, overshadowing, overbearing; impacts on character and pattern of area; design; devaluation of property values and contravention of development plan polices. I also acknowledge the response submitted on behalf of the applicants, which provides a rebuttal to the above. The planning authority granted permission for the said development, subject to amendments outlined in Condition No. 3. This condition is cited in its entirety above but in main, it omits/alters window at first floor level to rear western elevation and also alters the size of two other windows within the proposal Having examined the documentation before me, together with having carried out a visit of the site and its environs, I am of the opinion that the proposal is generally considered acceptable. A precedent has been set for extensions in the immediate vicinity. The works essentially provide an extension to an existing ground floor extension to rear over entire width of house; together with a partial first floor extension to the rear of the property with associated site works. The first floor extension measures 4 metres deep and is setback from the eastern boundary by approximately 1 metre and from the western boundary (appellants) by approximately 3.5 metres. There are no windows in the eastern elevation to the bedroom, there is one window proposed to a new bathroom. The window to the western elevation has been conditioned by the planning authority to be either omitted from the proposal, or high level 1.8metres above floor level. This condition is considered reasonable Having regard to the above, I consider that issues or overlooking, overbearing or overshadowing would not be so great as to warrant a refusal of permission for the said first floor extension. I recommend that a similar worded condition be attached, if the Bord is disposed towards a grant of permission is relation to the window on the western elevation. This should be either omitted or at high level, so as to reduce any impacts of overlooking. I note the concerns raised by the appellants regarding the triangular shaped window in their kitchen extension and the impacts that the proposed works would have on it. I PL29N An Bord Pleanala Page 9 of 14

10 note that there are a number of rooflights/window serving this extension and therefore consider that the loss of light or impacted view would not be so great as to warrant a refusal of permission. I consider that the size and scale of the proposed works to be acceptable in this instance I have no information before me to believe that the proposed development, if permitted would lead to devaluation of property values in the vicinity. In terms of impacts on the character and setting of the road, together with the design of the proposed works, I note that the proposed rear extension will not be unduly visible from the street. I consider that the works proposed are acceptable and would not detract from the visual or residential amenities of the area. They would integrate well with the existing dwelling and other properties on the street. I note the proposal by the appellants to omit the first floor rear extension in its entireity. I consider that this proposal is not warranted in this instance. I do concur with the opinion of the planning authority that the proposed window in the front recessed area at first floor level to proposed bathroom should match that of front box room in terms of style and size. In addition, the proposed window to eastern elevation at first floor level should match that of plan, not of elevations. Both these issues could be adequately dealt with by means of condition, if the Bord were so minded. I consider that the proposal is in compliance with relevant Development Plan policies in relation to such works and that the proposal is consistent with the proper planning and sustainable development of the area OTHER ISSUES I note the issues raised by the appellants in relation to the submission of multiple applications and the response made thereto by the applicants. This response would appear reasonable. The applicants are within their rights to apply for development in this way and I do not have issue with same. PL29N An Bord Pleanala Page 10 of 14

11 There is no obligation under the Planning and Development Act 2000 (as amended) to consult with neighbouring properties, prior to the lodging of an application for planning permission The subject site is located in an established residential area and is not located adjacent to nor in close proximity to any European sites, as defined in Section 177R of the Habitats Directive. Having regard to the nature and scale of the proposed development and/or the nature of the receiving environment and/or proximity to the nearest European site, no appropriate assessment issues arise and it is not considered that the proposed development would be likely to have a significant effect individually or in combination with other plans or projects on a European site CONCLUSION 11.1 In conclusion, the subject site is located within a mature residential area, on lands zoned to protect, provide and improve residential amenities. The proposal for a domestic extension is considered to be acceptable in principle at this location. Having examined the file and conducted a visit of the site and its environs, I consider that the proposed development is acceptable and consistent with the proper planning and sustainable development of the area, subject to conditions RECOMMENDATION In light of the above assessment, I recommend that the decision of the planning authority be UPHELD and that permission be GRANTED for the said works, based on the reasons and considerations under. PL29N An Bord Pleanala Page 11 of 14

12 REASONS AND CONSIDERATIONS Having regard to the provisions of the provisions of the Dublin City Development Plan and to the nature, form, scale and design of the proposed development, it is considered that subject to compliance with the conditions set out below, the proposed development would not adversely affect the residential or visual amenities of the area, would not lead to the depreciation of property values and would integrate well with other properties in the vicinity. The proposed development would, therefore, be in accordance with the proper planning and sustainable development of the area. CONDITIONS 1. The development shall be carried out and completed in accordance with the plans and particulars lodged with the application, except as may otherwise be required in order to comply with the following conditions. Where such conditions require details to be agreed with the planning authority, the developer shall agree such details in writing with the planning authority prior to commencement of development and the development shall be carried out and completed in accordance with the agreed particulars. REASON: In the interest of clarity. 2. The development shall be amended as follows: (i) The proposed first floor window to western elevation shall be either omitted from the proposal or be made high level, no less than 1.8 metres above finished floor level (ii) The proposed first floor window to new bathroom shall match that of the existing front box room in terms of style and size PL29N An Bord Pleanala Page 12 of 14

13 (iii) (iv) The proposed window to new bathroom on eastern elevation shall match the width of dimensions shown on plans and not elevational view No flat roofed area shall be used as a patio/terrace area REASON: In the interest of residential and visual amenities 3. Water supply and drainage arrangements, including the disposal of surface water, shall comply with the requirements of the planning authority for such works and services. REASON: In the interest of public health and to ensure a proper standard of development. 4. The entire dwelling shall be used as a single residential unit REASON: In the interests of clarity 5. The site development works and construction works shall be carried out in such a manner as to ensure that the adjoining street(s) are kept clear of debris, soil and other material and if the need arises for cleaning works to be carried out on the adjoining public roads, the said cleaning works shall be carried out at the developers expense. REASON: To ensure that the adjoining roadways are kept in a clean and safe condition during construction works in the interests of orderly development. 6. Site development and building works shall be carried only out between the hours of to Mondays to Fridays inclusive, between to on Saturdays and not at all on Sundays and public holidays. Deviation from these times will only be allowed in exceptional circumstances where prior written approval has been received from the planning authority. PL29N An Bord Pleanala Page 13 of 14

14 REASON: In order to safeguard the amenities of property in the vicinity. 7. The external finishes of the proposed extensions including roof tiles/slates shall be the same as those of the existing dwelling in respect of colour and texture. REASON: In the interest of visual amenity. L. Dockery Planning Inspector 14 th May 2015 PL29N An Bord Pleanala Page 14 of 14

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