Inspector’s Report ABP-309079-21 Development Construction of flat roof, 5 bedroom, split level, contemporary dwelling. A new vehicular entrance is proposed. Location To the rear of and within the curtilage of St German's, Vico Road, Dalkey, Co Dublin, which is a protected structure and is accessed from Torca Road. Planning Authority Dun Laoghaire Rathdown County Council Planning Authority Reg. Ref. D20A/0726 Applicant(s) John Sheridan Type of Application Permission Planning Authority Decision Refuse Permission Type of Appeal First Party Appellant(s) John Sheridan Observer(s) 1. Rose Ivory 2. Anthony and Sarah Cosgrove ABP-309079-21 Inspector’s Report Page 1 of 12 Date of Site Inspection 1st of April 2021 Inspector Emer Doyle ABP-309079-21 Inspector’s Report Page 2 of 12 1.0 Site Location and Description The site of the proposed development is located to the rear of ‘Saint German’s’ Vico Road, Dalkey, Co. Dublin. Access is proposed from Torca Road at a point where vehicular access is restricted to a small number of residences including ‘Torca Hill House’, ‘Thalassa’, and ‘Villa Christina’. The road provides for pedestrian access to Killiney Hill. There are a number of pedestrian linkages in close proximity to the site which link Torca Road with Vico Road. The site has a stated area of 0.1089 hectares. A large detached property ‘Thalassa’ is located to the east, a wooded area and ‘Pinehills’ a detached property accessed from Vico Road are located to the west, and Saint German’s is located to the south. Saint Germans is a protected structure. The site is located within the Vico Road Architectural Conservation Area. The site is overgrown with vegetation and mature trees. The site slopes downwards from Torca Road. Levels fall from c. 88m OD on Torca Road to c. 75m OD at the rear boundary. The general area is characterised by large houses on detached sites. 2.0 Proposed Development Permission is sought for a five bedroom split level contemporary dwelling to the rear of Saint German’s. Access is proposed from Torca Road. The stated floor area is 426 square metres. It is proposed to increase the height of the existing boundary wall on Torca Road. The Board is requested in the appeal to consider the original submission to the Planning Authority in the first instance. However an alternative modified design has also been submitted with the appeal for the consideration of the Board. The alternative design seeks to reduce the total gross floor area from 426 square metres to 390 square metres with a reduction in the scale and height of the dwelling. The reduction in floor area will allow for the dwelling to be set back from the north- eastern and south-western boundaries by a further 2.8 metres. It is also proposed to amend the driveway in order to reduce the amount of hard-standing and to facilitate additional landscaping. ABP-309079-21 Inspector’s Report Page 3 of 12 3.0 Planning Authority Decision Decision Permission refused for one reason as follows: Given the site context, the scale, height and design of the proposed dwelling, works including excavations to facilitate the proposed dwelling, and associated landscaping and boundary and wall changes, it is considered that the proposed development does not represent small-scale, sensitive infill development, and would not be in keeping with and would detract visually from the character of the Vico Road ACA and its receiving environment, particularly views of the elevated prominent site within the ACA. As such, the current proposal does not meet the development management criteria as set out under Section 8.2.3.4 (viii) for the 0/0 zone, Policy AR12; Architectural Conservation Areas (i) and (ii) and Policy: LHB6: Views and Prospects, of the Dún Laoghaire-Rathdown County Development Plan 2016-2022. The proposed development would, therefore, be contrary to the provisions of the Dún Laoghaire-Rathdown County Development Plan 2016-2022 and to the proper planning and sustainable development of the area. Planning Authority Reports 3.2.1. Planning Reports • The planner’s report expressed concern in relation to the scale, design, proposed excavations and boundary works and considered that the proposed development would detract from the visual amenities of the area and erode the character of the ACA. 3.2.2. Other Technical Reports Conservation: Considered that the increased scale and orientation within the site was not in keeping with the receiving environment. Concerns raised in relation to boundary treatment on Torca Road and the impact on the built and sylvan character of the ACA, particularly views of this elevated prominent site within the ACA. Drainage: No objection subject to conditions. Environmental Health Officer: No comment on proposal. ABP-309079-21 Inspector’s Report Page 4 of 12 Prescribed Bodies 3.3.1. Irish Water: No objection subject to conditions. Third Party Observations 3.4.1. Two third party observations were submitted to the Planning Authority. The issues raised are similar to those in the grounds of appeal. 4.0 Planning History PA Reg. Ref. D17A/0995 Permission granted by PA for a new flat roof, 4 bedroom, 2 and a half storey split level dwelling (275.8 square metres) and all ancillary site works, including access road, terrace, landscaping and a carport, accessed from Torca Road. The proposed development consists of amendments to previously approved development granted under PA Reg. Ref. D15A/0730. PA Reg. Ref. D15A/0730 Permission granted by PA for a new flat rood, 4 bedroom, 2 and a half storey, split level dwelling (320 square metres) and all ancillary works, including access road, terrace, landscaping and a carport, accessed from Torca Road. PA Reg. Ref. D20A/0660 Permission refused by PA on adjoining site for dwelling for 4 No. reasons relating to traffic hazard, location of vehicular access on lands zoned ‘F’, impact on Vico Road ACA, and impact of design on lands zoned as 0/0. ABP-309079-21 Inspector’s Report Page 5 of 12 5.0 Policy Context Dún Laoghaire Rathdown County Development Plan 2016-2022 5.1.1. The site is zoned as ‘Residential’ and located within the ‘0/0’ area where no increase in the number of buildings will normally be permitted. 5.1.2. The site is located within the Vico Road Architectural Conservation Area (ACA) and within the curtilage of ‘Saint Germans’, a Protected Structure (RPS No. 1627). 5.1.3. It is an objective of the plan to preserve views towards the sea from Torca Road (i.e. across the site to the sea) and views of Dalkey Hill as seen from Ulverton Road, Station Road and the East Pier. 5.1.4. The following sections and policies are relevant: Policy AR1- Record of Protected Structures Policy AR12: Architectural Conservation Areas Policy LHB6: Views and Prospects Section 8.2.3.4 (vii) Infill Development Section 8.2.3.4 (viii) 0/0 Zone Section 8.2.11.3 Architectural Conservation Areas Guidance for the Vico Road ACA is set out in the Vico Road Conservation Area Character Appraisal. Architectural Heritage Protection, Guidelines for Planning Authorities, DoEHLG, 2011 5.2.1. Section 13.8 refers to Development affecting the Setting of a Protected Structure or an Architectural Conservation Area. Natural Heritage Designations 5.3.1. The nearest Natura 2000 sites are Rockabill to Dalkey Island SAC Site Code 003000 c. 0.8m to the east and Dalkey Island SPA Site Code 004172 c. 0.9m to the east. ABP-309079-21 Inspector’s Report Page 6 of 12 EIA Screening 5.4.1. Having regard to the nature and scale of the proposed development and the nature of the receiving environment there is no real likelihood of significant effects on the environment arising from the proposed development. The need for environmental impact assessment can, therefore, be excluded at preliminary examination and a screening determination is not required. 6.0 The Appeal Grounds of Appeal 6.1.1. The grounds of the appeal can be summarised as follows: • ABP is asked to consider the original submission in the first instance. However, an alternative modified design has also been submitted for the consideration of the Board. • The modified design provides for a reduction in height, an increased set back from the boundaries, a reduction in floor area and amendments to the driveway. • The proposal has been appropriately designed and represents a small infill and sensitive development. • The dwelling is located further up the hillside than the previous permissions to ensure less of a disruption to the hillside. • The subject site, whilst it has a prominent position in the landscape, is not visible from viewing points. Photomontages are included in the appeal to demonstrate this. • The proposed dwelling will not have overshadowing or overbearing impacts on adjacent properties. Planning Authority Response • The Planning Authority response notes the suggested appeal modifications however, it is considered that the refusal reasons and concerns still remain. ABP-309079-21 Inspector’s Report Page 7 of 12 • These concerns relate to the large size of the dwelling (and noting the increase in size over the previous proposals), and its associated hard landscaping proposals and the reduction in site size from previous proposals. • Concerns are also expressed in relation to the separation distances to site boundaries (smaller than previously proposed), the overall site coverage, and height etc. as seen from the surroundings, and looking to/from the coast etc. Observations 6.3.1. Observations to the appeal were submitted by the following (1) Rose Ivory (2) Anthony and Sarah Cosgrove. 6.3.2. The main issues raised can be summarised as follows: • Notwithstanding the modifications proposed, concerns remain in relation to the design and impact.