Refusal decisions · 24–30 Aug 2026

1. Policy HO P27 requires all proposals for an on-site wastewater treatment to comply with the Environmental Protection Agency (EPA) Code of Practice for Waste Water Treatment Systems for single houses (2021). The Domestic Waste Water Treatment Plant (DWWTP) is to be sited within a seasonally waterlogged, or wetted area and as such would be contrary to the recommendations of Section 5.4.1 of then EPA Code of Practice for domestic wastewater treatment systems. Having regard to the evidence of a high water table and the poor percolation characteristics of the soil, it is considered that the site cannot be drained satisfactorily. The proposed intensification of development will therefore be prejudicial to public health and constitute an unacceptable risk of water pollution would therefore contravene the provisions of the EPA Code of Practice for Wastewater Treatment Systems for single houses and Policy HO P27 of the Kildare County Development Plan 2023-2029, as well as being prejudicial to public health, constitute an unacceptable risk of water pollution and be contrary to the proper planning and sustainable development of the area.
2. The proposed extension by reason of its excessive floor area and configuration, is considered insensitive to the appearance of the existing cottage and in its current form does not adequately promote the reuse and sensitive restoration of the existing cottage. It is considered that the proposed development would therefore be contrary to the principles set out in Policy HO P17 and Section 15.4.12 of the Kildare County Development Plan 2023-2029. The proposed development, if permitted, would therefore be contrary to the principles of proper planning and sustainable development of the area.

1. The proposed development would materially contravene Condition No. 3 of Pl. Ref. 22/859, which required the demolition of the original dwelling within three months of the first occupation of the replacement dwelling. As such, the proposed development, if permitted would set an undesirable precedent for similar developments in the area. Therefore, the proposed development would be contrary to the proper planning and sustainable development of the area.
2. The proposed development would be contrary to Section 15.4.13 of the Kildare County Development Plan 2023-2029 (as varied), which requires that the development of a domestic garage/store/home- work pod/garden room for use ancillary to the enjoyment of a dwelling house will be considered subject to the structure having a maximum gross floor area of 40m2, maximum ridge height of 5m and the unit shall generally be located behind the front building line of the existing dwelling. The proposed development would seriously injure the amenities and depreciate the value of property in the vicinity and would set an undesirable precedent for other similar developments in the area.

1. Having regard to the details received with the application, the Planning Authority considers that the Applicant has failed to adequately demonstrate an Economic Need to reside in the area in accordance with the Council’s Rural Housing Policy as provided for in the Kildare County Development Plan 2023- 2029. The application is notably lacking appropriate supporting documentation, including details of employment in farming for the required period of years. The Planning Authority is not satisfied that the Applicant has demonstrated a need for the dwelling in accordance with Table 3.4, Section 3.13.3 and Policy HO P11 of the Kildare County Development Plan 2023-2029 (as varied). To permit the development would therefore be contrary to the proper planning and sustainable development of the area.
2. The proposed development, given its location 115m to the northwest of zoned land in Kilmeague, would be contrary to the provisions of Policy HO P15 the Kildare County Development Plan 2023-2029 (as varied), which seeks to preserve and protect the open character of transitional lands particularly the approach roads to towns and villages and areas immediately outside of settlement boundaries in order to prevent linear sprawl near towns, villages and settlements and to maintain a clear demarcation and distinction between urban areas and the countryside and to protect the integrity of the agricultural uses in these areas and would therefore be contrary to the proper planning and sustainable development of the area.
3. The proposed development, when taken in conjunction with the level of existing development in the vicinity, would exacerbate an excessive density of development in this rural area, would contribute to the further erosion of the rural character of the area and would contravene Objective HO O59 of the Kildare County Development Plan 2023-2029 (as varied), which seeks to carefully manage Single Rural Dwelling Densities to ensure that the density of one-off housing does not exceed 30 units per square kilometre. The proposed development would therefore be contrary to the proper planning and sustainable development of the area.
4. It is considered that the proposed development by reason of the design of the proposed driveway, taken in conjunction with the extensive hardstanding proposed would have a negative visual impact and erode the rural character of the area, resulting in visually incongruous development that would be contrary to Policy HO P12 and the standards outlined in Appendix 4: Rural Design Guide of the Kildare County Development Plan 2023-2029 (as varied). It is considered that if permitted, the proposed development would seriously injure the visual amenities of the area, lead to an undesirable precedent for similar developments and would be contrary to the proper planning and sustainable development of the area.

1. Having regard to the Objective B – ‘Existing Residential/Infill’ zoning of the site as set out in the Naas Local Area Plan 2021-2027, with an objective ‘To protect and enhance the amenity of established residential communities and promote sustainable intensification’, the development would materially contravene the land use zoning objective of the subject lands. The development would undermine the amenity of established residential communities which the zoning objective seeks to protect and would be seriously injurious to the amenities of the area, including adjacent Protected Structures and would prejudice the proper planning and sustainable development of the area. The proposed development would therefore materially contravene the zoning provisions of the Naas Local Area Plan 2021-2027 and would be contrary to the proper planning and sustainable development of the area.
2. The subject site is located in Flood Zone A and within a High-End Future Scenario flood zone as per the Office of Public Works CFRAM flood maps. A Site-Specific Flood Risk Assessment has not been submitted as part of this application and therefore it has not been demonstrated, to the satisfaction of the Planning Authority, that the proposed development is not at risk of flooding or will not cause residual flood risk including flooding on adjoining or nearby properties or will not cause risk of pollution to groundwater, surface water or to public health. The proposed development would therefore be contrary to Objective IO 3.1 of the Naas Local Area Plan 2021- 2027 and Policy HO P33 of the Kildare County Development Plan 2023–2029 (as varied) and to the proper planning and sustainable development of the area.
3. The proposed development seeks to discharge surface water to an underground attenuation area. In doing so, the proposed development will not provide an acceptable surface-water nature-based sustainable drainage solution, which is an objective of the Kildare County Development Plan 2023-2029. The proposed development is substandard in regard to the disposal of surface water from the development and would be contrary to Policy I2 – Surface Water and Groundwater of the Naas Local Area Plan 2021-2027 and objectives IN O22, IN O23 and IN O24 of the Kildare County Development Plan 2023-2029 which require the implementation of Sustainable Urban Drainage Systems (SuDS) and other nature-based surface water drainage as an integral part of all new development proposals and to ‘only consider underground retention solution when all other options have been exhausted’ as part of a SuDS solution’. The proposed development would therefore be contrary to the above policies and objectives of the Kildare County Development Plan 2023-2029, the Naas Local Area Plan 2021-2027 and the proper planning and sustainable development of the area.
4. Policy TM P9 of the Kildare County Development Plan 2023-2029 seeks to effectively manage and minimise the impacts of traffic in urban areas. The proposed development, which has not been accompanied by a Traffic and Transport Assessment in accordance with the Transport Infrastructure Ireland (TII) Traffic and Transport Assessment Guidelines (May 2014), taken in conjunction with serious concerns in relation to the width of the existing vehicular access, traffic generation associated with the use and the potential endangerment of vulnerable road user safety would, endanger public safety by reason of traffic hazard and as such would be contrary to Policy TM P9 of the Kildare County Development Plan 2023-2029 and the proper planning and sustainable development of the area.
5. Objective AH O21 seeks to protect the curtilage of protected structures and Section 15.17.1.2 of the Kildare County Development Plan 2023-2029 requires “All planning applications for development in proximity to a Protected Structure must be accompanied by a design statement, with supporting illustrative material, demonstrating how it has been developed having regard to the built heritage, topography, and landscape character of the site.” Having regard to the location of the site, adjacent to Protected Structures (RPS No. NS19-104 Albans House and RPS No. NS19-105 Melitta Cottage) and in the absence of a Design Statement, it is considered that the development would contravene Objectives AH O21, and Section 15.17.1.2 of the Kildare County Development Plan 2023-2029 and would therefore, be contrary to the proper planning and sustainable development of the area.

1. Policy HO P12 of the Kildare County Development Plan 2023-2029 seeks to ensure that the siting and design of any proposed dwelling shall integrate appropriately with its physical surroundings whilst respecting the character of the receiving environment. In addition, Objective RD O5 requires new buildings and structures to be sited as unobtrusively as possible and to be clustered to form a distinct and unified feature in the landscape. The proposed site, by virtue of its location within the River Liffey Valley and Plains Landscape Character Area which is designated as a Medium to High Sensitivity landscape, and the siting of the proposed dwelling approximately 231m from the roadside boundary thereby requiring significant intervention into the rural landscape for the construction of an excessively long driveway to connect to the proposed dwelling house, would constitute haphazard development, representing an incongruous and out of character siting relative to its surrounding context. The proposed development would not comply with current rural house design requirements as contained in Appendix 4 Rural House Design Guide of the current Kildare County Development Plan 2023- 2029, and the proposed development would by contrary to Policy HO P12, Objective RD O5 and Appendix 4 of the Kildare County Development Plan 2023-2029 and would therefore be contrary to the proper planning and sustainable development of the area.
2. Policy HO P11 of the Kildare County Development Plan 2023-2029 seeks to facilitate proposals for dwellings in the countryside outside of settlements in conjunction with the Rural Housing Policy Zones map and accompanying Schedule of Category of Applicant and Local Need Criteria. Specific details including in relation to the nature of the business and stock/animal numbers and accounts have not been provided to demonstrate that the owner/operator [as referred to in Category A (ii)] of Table 3.4 of the Kildare County Development Plan 2023-2029, is engaged in that farming activity on a daily basis, as their main employment. In this regard, it is considered that the Applicant has not fully demonstrated compliance with the Local Need Criteria which is in an area under Strong Urban Influence as identified in the Kildare County Development Plan 2023-2029 and therefore is contrary to Policy HO P11 of the Kildare County Development Plan 2023-2029 and to the proper planning and sustainable development of the area.
3. Having regard to the site’s location within the River Liffey Valley & Plains Landscape Character Area (Kildare County Development Plan 2023-2029, as varied) on lands designated as Medium-High Sensitivity where it is a guiding principle to retain the strong, largely intact, rural character of this Landscape Character Area in order to contain urban expansion and pressures and in the absence of a detailed landscaping plan, prepared by a suitably qualified Landscape Architect, an excessively long drive (measuring approximately 231m) and the requirement to remove approximately 60metres of hedgerow, the proposed development would result in the dwelling appearing visually incongruous with the rural setting, and if granted would seriously injure the visual and character amenities of the area, would be contrary to Kildare County Development Plan 2023-2029 Policy and Objectives. The proposed development would therefore be contrary to the proper planning and sustainable development of the area.
4. The removal and replacement of the existing roadside hedgerow (approximately 60m) is contrary to Objective BI O26 in the Kildare County Development Plan 2023–2029 (as varied) which seeks to prevent the removal of hedgerows to facilitate development in the first instance. To permit the removal of a significant established existing hedgerow on site in the absence of detailed assessment, justification and mitigation of same in the context of green infrastructure, natural heritage, biodiversity/ecology, would be contrary to Objective BI O26, Section 12.9.1 and Appendix 4 Rural House Design Guide of the Kildare County Development Plan 2023– 2029 (as varied) and would therefore be contrary to the proper planning and sustainable development of the area.

1. The subject site is located within a High-End Future Scenario flood zone as per the Office of Public Works CFRAM flood maps. A Site-Specific Flood Risk Assessment has not been submitted as part of this application and therefore it has not been demonstrated to the satisfaction of the Planning Authority that the proposed development is not at risk of flooding or will not cause residual flood risk including flooding on adjoining or nearby properties or will not cause risk of pollution to groundwater, surface water or to public health. The proposed development would therefore be contrary Policy HO P33 of the Kildare County Development Plan 2023–2029 (as varied) and to the proper planning and sustainable development of the area.
2. Having regard to the site’s location within the River Liffey Valley and Plains Landscape Character Area (Kildare County Development Plan 2023-2029, as varied) on lands designated as Medium-High Sensitivity where it is a guiding principle to retain the strong, largely intact, rural character of this Landscape Character Area in order to contain urban expansion and pressures and in the absence of a detailed landscaping plan, prepared by a suitably qualified Landscape Architect, the proposed development would result in the dwelling appearing visually incongruous, and if granted would seriously injure the visual and character amenities of the area, would be contrary to Kildare County Development Plan 2023-2029 Policy and Objectives. The proposed development would therefore be contrary to the proper planning and sustainable development of the area.
3. The works required to provide for the shared site access would include the removal and/or disturbance of a significant amount of mature vegetation including trees and hedgerows, contrary to Objective BI O26 in the Kildare County Development Plan 2023–2029 (as varied) which seeks to prevent the removal of hedgerows to facilitate development in the first instance. To permit the removal of existing trees and hedgerows on site in the absence of detailed assessment, justification and mitigation of same in the context of green infrastructure, natural heritage, biodiversity/ecology, would be contrary to the provisions of Objective BI O26, Section 12.9.1 and Appendix 4 Rural House Design Guide of the Kildare County Development Plan 2023–2029 (as varied) and would therefore be contrary to the proper planning and sustainable development of the area.
4. Objective IN O36 requires that development along urban watercourses comply with the Inland Fisheries Ireland Guidance: Planning for Watercourses in the Urban Environment (2020) including the maintenance of a minimum riparian zone of 35 metres for river channels greater than 10 meters in width, and 20 meters for river channels less than 10 metres in width. In the absence of the provision of a sufficient riparian zone at the subject site (approximately 10 metres), the proposed development is contrary to Objective IN O36 and if granted would therefore be contrary to the proper planning and sustainable development of the area.
5. Policy HO P11 of the Kildare County Development Plan 2023-2029 seeks to facilitate proposals for dwellings in the countryside outside of settlements in conjunction with the Rural Housing Policy Zones map and accompanying Schedule of Category of Applicant and Local Need Criteria. Specific details including (but not limited to) in relation to up to date address records, a land registry map and a letter confirming that the Applicant has not owned or been permitted a dwelling previously (certified by Commissioner of Oaths/Solicitor), has not been provided, and as such the Applicant has not fully demonstrated compliance with the Local Need Criteria which is in an area under Strong Urban Influence as identified in the Kildare County Development Plan 2023-2029, and therefore is contrary to Policy HO P11 of the Kildare County Development Plan 2023-2029 and to the proper planning and sustainable development of the area.
6. The proposed garage, by reason of its floor area greater than 40sqm would be contrary to the provisions of Section 15.4.13 of the Kildare County Development Plan 2023-2029, would set undesirable precedent for similar developments of this scale and nature of the rural area and would therefore be contrary to the proper planning and sustainable development of the area.

Reasons under review. View the official case.

1. Policy RE O105 of the Kildare County Development Plan 2023-2029 seeks to promote and facilitate the development of rural tourism, subject to such development not having a detrimental impact on the residential amenities of rural residents. The proposed development by its nature will increase human activity and vehicular movement, thereby resulting in increased light spill, noise and visual intrusion, all within an existing rural area and in immediate proximity to existing dwelling houses. The proposal, if granted, would seriously injure the amenities, or depreciate the value, of property in the vicinity and would have a significant impact on the rural character and visual amenity of the area. The development as proposed would be contrary to the policies and objectives in the Kildare County Development Plan 2023-2029, would set an undesirable precedent for similar development of this scale and nature and would therefore be contrary to the proper planning and sustainable development of the area.
2. The provision of safe and achievable lines of sight has not been demonstrated in a southern direction on the L-2007 local road. The proposed development and the associated intensification of the use of the vehicular entrance, from that of a private dwelling and historic entrance, to a 22-bed commercial tourism development, which would, by its nature result in increased vehicular movement where sight lines are not achievable, represents a potential traffic hazard and endangerment of public safety. The proposed development would therefore endanger public safety by reason of traffic hazard or obstruction of road users or otherwise and would contrary to the proper planning and sustainable development of the area.
3. Having regard to the extent of the proposal for a significantly sized holiday commercial activity at this rural location (provision for 22 persons) and the unzoned nature of the subject lands, located in a rural area: (a) Where under Section 9.3 of the Kildare County Development Plan 2023-2029, it is stated that ‘if land is not within an identified settlement and is not otherwise zoned, the use of such land shall be deemed to be primarily agriculture’ and (b) Where the site is located within the River Liffey Valley and Plains Landscape Character Area with a ‘Medium to High Sensitivity’ and a ‘Medium to Low Capacity’ in the Landscape Character Assessment of the Kildare County Development Plan 2023-2029. (c) Where the site is situated off a Local Road where no footpath or cycling provisions are provided and located at a significant distance from any settlement, facilities and amenities, thereby requiring increased vehicular movement at this rural location and attracting a significant increase in additional car-borne journeys and an increased reliance on private vehicle travel, the proposed development would represent a negative intervention into a rural setting where the receiving environment does not have the capacity to absorb its extent, would promote unsustainable travel patterns, would be contrary to national policy on active travel (the National Sustainable Mobility Policy 2026), and would be contrary to Kildare County Development Plan 2023-2029 policy regarding the protection of the rural environment and sensitive landscapes and, if granted would be contrary to the proper planning and sustainable development of the area.
4. The proposed development, located in a rural area, where substantial trees and hedgerows have been removed and where the proposed development would require additional significant removal of hedgerows to facilitate sight visibility would be contrary to Section 12.9 Trees, Woodlands and Hedgerows and Objectives, BI O1, BI O26, BI O27, and BI O29 of the Kildare County Development Plan 2023-2029, which seek to incorporate existing trees and hedgerows within developments and to prevent, in the first instance, the removal of hedgerows to facilitate development. To permit the proposal would be contrary to the policies and objectives of the Kildare County Development Plan 2023-2029 and would therefore be contrary to the proper planning and sustainable development of the area.