Garage not built according to standard dimensions turned shop

The application was rejected but approved on appeal.

The application was turned down by the Environment and Planning Commission which held that “the proposed development will remove the existing parking spaces for the building and so it would conflict with Structure Plan policy TRA 4 and PA circular 3/93 which seek to ensure that appropriate provision is made for off-street parking.”

But even so, the Commission observed that the existing garage cannot be sanctioned since it runs counter to policy 6.1C and policy 6.8 (of the Development Control Policy and Design Guidance 2007) in terms of the plan dimensions and width of the garage door opening. 

Tribunal held that it is difficult to rectify the situation at such a late stage

Following the decision, the applicant lodged an appeal before the Environment and Planning Tribunal, arguing that the room in question was never used as a garage. The applicant maintained that the size of the room in question falls short of the standard dimensions required by MEPA for garages, adding that “it is practically physically impossible to park a car in this restricted garage.”   

For its part, the MEPA case officer reiterated that the room in question was approved as a garage by virtue of a 1994 planning permit, adding that the applicant may not now contest the existing use on the basis that the room dimensions are not suitable for parking use. The case officer maintained once again that the proposal conflicts with Structure Plan policy TRA 4 which requires that each and every development is suitably catered for in terms of off-street parking provision. 

In its assessment, the Tribunal held that the room in question was constructed smaller that it was originally approved, as a result of which vehicles cannot be safely accommodated within the site. In addition, the Tribunal observed that it would be unreasonable to rectify the situation at such a late stage by opting to demolish the building since the structure was completed. In the circumstances, the Tribunal proceeded to approve the permit on condition that the applicant pays a fine equivalent to €400 along with a contribution to the Urban Improvement Fund.

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