Appeal/FI, Laurel View, Mainscourt, Ballyboughal, Co. Dublin, - Planning Application F26A/0548E

The council’s formal grounds for this decision. Planner assessment and later appeal outcomes are separate.

Source note: The assessment’s paragraph about Unit 1 later refers to Unit 2. That unit label has not been corrected. The adopted first ground addresses warehousing and other uses collectively; all four adopted grounds are retained.

1. The proposed development comprises Warehousing and other uses which are not permissible or compatible with the RU – Rural land-use zoning objective of the Fingal Development Plan 2023-2029 and would fail to protect or promote, in a balanced way, the development of agriculture and rural-related enterprise, biodiversity, the rural landscape, and the built and cultural heritage. The proposed development would therefore materially contravene the RU land-use zoning objective; and would set an undesirable precedent for other such developments on RU zoned lands which, both in themselves and cumulatively, would be seriously injurious to the amenity value of the rural areas of the county. The proposed development would therefore be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 10

2. The proposed development is located within flood zones A & B and there is an existing watercourse running along the northern boundary of the site. No commensurate Flood Risk Assessment or any surface water drainage disposal proposals have been submitted as part of the application. The proposed development would contravene Objectives IUO16 & DMSO212 of the Fingal Development Plan 2023-2029 in this regard and the applicant has failed demonstrate the proposed development is in accordance with The Planning System and Flood Risk Management Guidelines for Planning Authorities (2009). The proposed development would therefore be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 10

3. Having regard to the insufficient level of detail submitted the full extent of development to have been undertaken on the site the absence of any identified planning history the sites location within an identified flood zone the presence of an existing watercourse along the northern boundary and, the absence of a Screening for Appropriate Assessment, the Planning Authority is not satisfied it can be determined, beyond reasonable scientific doubt and on the basis of complete, precise, and definitive findings, the proposed development will not have significant effects on any European sites during the construction or operation of the Proposed Project. The proposed development would contravene Objectives DMSO1, DMSO144 & DMSO145 of the Fingal Development Plan 2023-2029 in this regard and, therefore, would therefore be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 10, 11

4. The applicant has failed to demonstrate the required sightlines, in accordance with TII’s DN-GEO-03060 guidance document, are available at the site entrance at Mainscourt road and, as such, the proposed development is considered to represent a traffic hazard. The proposed development would contravene Objective DMSO118 of the Fingal Development Plan 2023-2029 in this regard and, therefore, would therefore be contrary to the proper planning and sustainable development of the area.

   Official final decision · PDF page 11

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