Refusal decisions · 24–30 Aug 2026

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.

The Planning Authority have serious concerns owing to the proposed restricted development access point in conjunction with onsite and external parking constraints and uncertainty regarding overflow of parking. Furthermore, the creation of a vehicular access point as proposed via an undefined junction with restricted visibility, whilst traversing Bride Street footpath would not be conducive in the creation of desired quality and safety of vulnerable road users’ permeability movements whereby there is a high degree of pedestrian demand in conjunction with safer routes to school movements. Therefore, it is considered proposed vehicular entrance is a haphazard arrangement that has the potential to create vehicular and pedestrian conflicts which would endanger public safety by reason of traffic hazard or obstruction of road users or otherwise and contrary to the proper planning and sustainable development of the area. 2

Having regard to the planning history of the site, the Planning Authority notes that Planning Reference 992288 for which the development was granted, included provision for a specific site access arrangement. The existing vehicular entrance serving the site has been developed at alternative location which does not have the benefit of planning permission. The proposed development would rely upon and increase the use of this unauthorised access arrangement, thereby resulting in the intensification of unauthorised development. In the absence of any regularisation of this existing entrance on site as part of this application, the Planning Authority is not satisfied that the proposed development would not constitute a traffic hazard and therefore if permitted would be contrary to the proper planning and sustainable development of the area. 2

Since no reply has been received to this request for further information within the statutory timeframe, I recommend that pursuant to the Planning and Development Act 2000, as amended, the applicant be informed that this application is deemed to be withdrawn.

Having regard to the design, scale, height, massing and constrained siting of the proposed two-storey dwelling, together with its largely blank side elevations, proximity to the adjoining properties and relationship with the site topography, it is considered that the proposed development would constitute a visually dominant, incongruous and discordant form of infill development that would fail to respect the established spacing, form and character of development along Killiney Road. The proposed development would be out of keeping with the character of the area and would set an undesirable precedent for similarly constrained infill development along the streetscape. The proposal would result in an overbearing impact and an undue sense of enclosure at Nos. 41 and 43 Killiney Road given its proximity and massing, and the Planning Authority is not satisfied that the development would avoid undue overshadowing or loss of daylight to adjoining residential accommodation. The proposed development would therefore seriously injure the residential amenities of adjoining properties and would be contrary to Policy Objective PHP18: Residential Density, Policy Objective PHP19: Existing Housing Stock: Densification, and Section 12.3.7.7: Infill, of the Dún Laoghaire-Rathdown County Development Plan 2022-2028. The proposed development would therefore be contrary to the proper planning and sustainable development of the area.

The proposed density of approximately 23 dwellings per hectare would be significantly below the generally applicable density range of 40 to 80 dwellings per hectare for City Suburban/Urban Extension locations in Dublin. The proposal does not optimise the residential development potential of the site and would constitute underdevelopment and an inefficient use of suitably zoned and serviced land. The applicant has not demonstrated that the physical or contextual characteristics of the site justify the proposed density or the application of the exception under Section 3.3.6 of the Sustainable Residential Development and Compact Settlements Guidelines for Planning Authorities (2024). The proposal would therefore not accord with Section 4.3.1.1, Policy Objective PHP18: Residential Density, or Section 12.3.3.2: Residential Density, of the Dún Laoghaire-Rathdown County Development Plan 2022-2028, or the density objectives of Chapter 3 of the Guidelines, and would be contrary to the proper planning and sustainable development of the area.

The proposed development, comprising a new vehicular entrance and proposed dished kerb, would adversely affect an existing bus stop serving Sycamore Road. The relocation of the bus stop is not considered feasible. Therefore, safe access and egress cannot be achieved due to the conflict with the existing bus stop and would endanger public safety by reason of traffic hazard. The proposed development would, therefore, conflict with Section 4.3.3 (Impact on Public Transport Infrastructure) of Appendix 5 of the Dublin City Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area.

1. The site is zoned Existing Residential under the Waterford City & County Development Plan 2022–2028, within which agricultural machinery storage / light industry use is not a permitted use. The proposed development would further intensify and consolidate an incompatible use on residentially zoned lands, would be contrary to the zoning objective to provide for residential development and protect and improve residential amenity, and would therefore materially contravene the policy and objectives of the Waterford City & County Development Plan 2022–2028 and would thus be contrary to the proper planning and sustainable development of the area.
2. The proposed development would further intensify an agricultural machinery storage and maintenance use within an established residential area and consolidate unauthorized development at the site. Having regard to the scale of the proposed building and the associated machinery storage, movements and activity, the development would adversely affect residential amenity and would perpetuate an incompatible land-use pattern, and thus would detract from existing residential amenities and would be contrary to the proper planning and sustainable development of the area.

1. Overdevelopment of the Site Having regard to the restricted size and configuration of the site, the Planning Authority considers that the proposed development would constitute an overdevelopment and over-intensive use of the site. The proposal would therefore provide an inadequate standard of residential development and would be contrary to the proper planning and sustainable development of the area.
2. Inadequate Car Parking Provision The proposed development would provide no on-site car parking, notwithstanding the requirement for two car parking spaces per dwelling under Table 10.3 of the Laois County Development Plan 2021–2027. The applicant has not demonstrated that the required parking can be accommodated within the site or that a departure from the applicable parking standard would be justified having regard to the location and circumstances of the development. The proposal would therefore be materially contrary to Table 10.3 of the Laois County Development Plan 2021–2027 and to the proper planning and sustainable development of the area.
3. Substandard Residential Development The proposed development would result in an unsatisfactory form of residential development due to the restricted nature of the site and uncertainty regarding the availability of sufficient developable area to accommodate the dwelling as proposed. It appears to the Planning Authority that the south-eastern boundary wall extends further into the site than indicated on the submitted drawings, reducing the effective site area available for development. As a result, the Planning Authority is not satisfied that the proposed dwelling can be accommodated on the site in the manner indicated. The proposed development would therefore be seriously injurious to the amenities of the area, materially contrary to Policy DM HS 9 of the Laois County Development Plan 2021-2027 and to the proper planning and sustainable development of the area. SCHEDULE 1 – PAGE 2 OF 2 PLANNING REF: 26/60433 C.E.O. NO: 541
4. Inadequate Private Open Space The Planning Authority is not satisfied that the proposed development would provide an adequate level of usable private open space in accordance with DM HS 6 of the Laois County Development Plan 2021-2027. The submitted private open space calculations include narrow and awkward areas which should not be counted as usable amenity space. Furthermore, having regard to the concerns set out under Reason No. 3, the Planning Authority is not satisfied that the level of private open space indicated can be provided as proposed. In addition, insufficient information has been submitted to demonstrate that adequate private amenity space would remain available to serve the existing dwelling. The proposal would therefore be seriously injurious to the amenities of the area, materially contrary to Policy DM HS 6 of the Laois County Development Plan 2021-2027 and 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.

1. The planning authority is not satisfied based on the information received and the lack of justification accompanying the application content that the proposed development would be in accordance with the provisions of Policy Objective AD1 Sustainable Agricultural Practices of the Galway County Development Plan 2022-2028. The development would therefore if permitted, materially contravene Policy Objective AD 1 and DM Standard 13 of the County Development Plan 2022-2028, would create a precedent for similar future developments in the area, and would be contrary to the proper planning and sustainable development of the area.
2. The development on site as hereby proposed to be retained and further intensified is considered to have potential to constitute a hazardous arrangement to road users owing to the poor horizontal alignment of the heavily trafficked local primary carriageway (L 2212-83) in the vicinity of the site frontage where sightlines are severely restricted in both directions and the cumbersome vehicular movements associated with a development of this nature would compromise road safety and therefore be contrary to DM Standard 28 of the Galway County Development Plan 2022 – 2028 and to the proper planning and sustainable development of the area. 2

1. Having regard to the nature of the proposed residential development in conjunction with its location on lands zoned for Open Space/Recreation & Amenity purposes in the in the Galway County Development Plan 2022-2028, the Planning Authority is not satisfied that the proposal is compatible with Open Space/Recreational Amenity uses, and would contravene materially the land use zoning matrix contained in the current County Development Plan which seeks to facilitate the development of appropriate, compatible uses within the Open Space/Recreational Amenity zoned areas. Accordingly, to grant the proposed development would contravene material provisions of the current Galway County Development Plan 2022-2028 and therefore, would be contrary to the proper planning and sustainable development of the area.
2. Having regard to the subject site location within a Flood Zone C, adjacent to the flood plain of the Owenriff River, and the absence of a Site-Specific Flood Risk Assessment for the proposed development at this sensitive location, the Planning Authority is not satisfied that the subject site is not at risk of flooding in the future. Therefore, if permitted as proposed, the development would materially contravene Policy Objectives FL 1, FL 2 and FL 18 of the Galway County Development Plan 2022-2028 in relation to flood risk and would also be contrary to Ministerial Guidelines issued under Section 28 of the Planning & Development Act, 2000 (as amended) (The Planning System and Flood Risk Management Guidelines 2009) and would be contrary to the proper planning and sustainable development of the area.
3. The proposed removal of the existing stone wall and mature hedgerow and lack of regard for biodiversity with the landscape design proposal at this sensitive site is not in accordance with DM Standard 47: Field Patterns, Stone Walls, Trees and Hedgerows and therefore contravenes policy objectives in the Galway County Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area. 2

This proposal is seeking a ‘Change of house design’, to Pl. Ref. No. 24/60042, which is a permission ‘Consequent to an Outline permission’, where the original outlined permission is Pl. Ref. No. 23/60086. This proposal includes an increase in the size of this site, as such, this proposal would contravene materially the parent outline permission, Pl. Ref. No. 23/60086.

The proposed development, which seeks to omit the childcare facility previously required under parent permission Reg. Ref. F15A/0015, would fail to provide and would prejudice the future delivery of essential childcare infrastructure necessary to serve the existing residential area and would therefore be contrary to the Childcare Facilities Guidelines for Planning Authorities (2001); Policy CIOSP10, Objectives CIOSO27 and CIOSO28 of the Fingal Development Plan 2023-2029; and, would therefore be contrary to the principles of proper planning and the sustainable development of the area.

1. Based on the dearth of information submitted, the location of the development proposed on site and its proximity to an existing watercourse which flows downstream into the North-West Irish Sea SPA (004236) via the Bracken river, it is concluded that in the absence of a Screening for Appropriate Assessment as part of the application there is a gap in the information available to the Planning Authority and it is not possible to conclude with certainty whether or not the proposed development either individually or in combination with other plans or projects, in view of best scientific knowledge and in view of the sites’ conservation objectives, would be likely to have a significant effect on any designated European Sites (in particular the North-West Irish Sea SPA (004236)). The development as proposed, is therefore contrary to Objective DMSO1 of the Fingal Development Plan, and contrary to the proper planning and sustainable development of the area.
2. Having regard to the lack of adequate proposals submitted with respect to the wastewater treatment system, surface water drainage and the absence of a flood risk assessment as required under the Planning System and Flood Risk Management Guidelines for Planning Authorities (2009), the proposed development would be prejudicial to the outer groundwater drinking water protection zone for Bog of the Ring, public health and the amenity of the surrounding area as the applicant has not demonstrated to the satisfaction of the Planning Authority that the proposed wastewater treatment and surface water drainage arrangements are adequate or that the development would not be at risk of flooding. The development, as proposed, is therefore contrary to Policy GINHP19 and Objectives DMSO160, DMSO203, DMSO212, DMSO215, IUO16 of the Fingal Development Plan, and contrary to the proper planning and sustainable development of the area.
3. The proposed development for retention and permission is located within 10m of a watercourse and thus, does not provide for an adequate buffer from the Bracken River as required by Objectives DMSO154, DMSO156, DMSO210 & IUO26 of the Fingal Development Plan 2023-2029. The proposed development would contravene the above-named Objectives of the current Development Plan and, therefore, would be contrary to the proper planning and sustainable development of the area.

The proposed development by virtue of its design, scale, massing, and detailing would dominate the front elevation of the house and be visually injurious to the visual amenities of the area. It would be contrary to the policies of Section 12.3.7.1 of the Dun Laoghaire-Rathdown County Development Plan which seeks to ensure that extensions have a harmonious relationship with the main building.

The site is located in a rural area identified as ‘Rural Area Under Strong Urban Influence’ as designated in the Cork County Development Plan, 2022. Within this area, applicants must demonstrate that their proposal constitutes a genuine rural generated housing need based on their social/ economic links to a particular local rural area and must demonstrate compliance with one of the categories of housing need set out in Objective RP 5-4. On the basis of the information submitted, the Planning Authority is not satisfied that the applicant has demonstrated a rural generated need for a house at this location and has failed to demonstrate compliance with any one of the categories of housing need set out in Objective RP 5-4. The proposed development would thus conflict with the settlement policy and Objective RP 5-4 of the Cork County Development Plan, 2022 and would be contrary to the proper planning and sustainable development of the area.

1. The development/proposed development is located within Flood Zone A as set out in the Cork County Development Plan, 2022. Cork County Development Plan Policy Objective WM 11-16 seeks to avoid development in areas where there is a high probability of flooding (Flood Zone A). The retention and extension of this unit for use as residential development would be contrary to The Planning System and Flood Risk Management Guidelines for Planning Authorities 2009, and would materially contravene Policy Objective WM 11-16 of the Cork County Development Plan, 2022 and would therefore be contrary to the proper planning and sustainable development of the area.
2. The proposed development, due to its location and layout to the rear of Townshend Street would constitute overdevelopment on a restricted site to the rear of an existing dwelling unit. The proposed development would create an undesirable precedent for similar development in the vicinity and would therefore be contrary to the proper planning and sustainable development of the area.

1. The proposed development site is located within the City Hinterland zoning which is the area under the strongest urban generated pressure for rural housing. The applicant has not provided sufficient evidence of a Demonstrable Rural Housing Need for housing in an area designated as being under strong urban pressure, in compliance with the relevant rural housing policy and criteria set out on the Cork City Development Plan 2022(As Varied) and National Policy Objective 19 of the National Planning Framework (2018). It is considered that the applicant has not demonstrated a Demonstrable Rural Housing Need that would come within the scope of housing need set out in Objective 11.9 and paragraph 3.53 of the Cork City Development Plan 2022 with regard to the provision of sustainable rural housing and the proposed development would, therefore, be contrary to the proper planning and sustainable development of the area
2. The proposed development would be inconsistent with the Cork City Development Plan 2022-2028 (As Varied) objectives regarding the demolition of existing residential dwellings, whereby the applicant has failed to provide a strong justification for the demolition of a habitable dwelling. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.
3. The proposed development of 2 No. semi-detached dwellings within the existing receiving environment of detached, one-off dwellings along the roadway, would be out of character with the location, set an undesirable precedent in the area, and not be in accordance with Objective 11.10 of the Cork City Development Plan 2022-2028 (As Varied) which states that new dwellings should respect the character, pattern and tradition of existing places, materials and built forms and must fit appropriately into the landscape. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.

1. The proposed development, in particular the coffee shop drive-through facility, is located adjacent to a key radial and bus route to and from Cork City, which is heavily trafficked. This route also serves pedestrians and cyclists. It is considered that the proposed development which is a car orientated development, contravenes Strategic Objective 3 of the Cork City Development Plan 2022-2028 and undermines the strategic vision for the city in terms of integrating people orientated developments along sustainable and active travel corridors in the city. Notwithstanding the measures outlined in the application, to address traffic generated by the proposed development, these are not sufficient and could contribute a further increase in traffic movements to the site. The proposed development will result in a traffic hazard and endanger public safety. The proposed development would not be in accordance with the proper planning and sustainable development of the area.
2. The subject site is situated on land zoned for sustainable residential neighbourhoods in the Cork City Development Plan 2022-2028. Such zoning allows for uses that contribute to sustainable residential neighbourhoods are also acceptable in principle in this zone provided they do not detract from the primary objective of protecting residential amenity and do not conflict with other objectives of this Development Plan, and such uses include small-scale local services including local convenience shops. As per paragraph ZO 1.2 of the Cork City Development Plan 2022-2028, development that does not support the primary objective of this zone will be resisted. Having regard to the scale and form of the proposed development, which includes the provision of a drive-through restaurant which is and would continue to be the principal use of the site, it is considered that the proposed drive-through use and would provide for a restaurants/cafés which would extend substantially beyond the local service and local population. Furthermore, as per paragraph 11.186 of the Cork City Development Plan 2022-2028 for Hot-Food Takeaways/Fast-food Restaurants 'fast food outlets/takeaways with proposed drive-through facilities will generally only be acceptable within designated Level 2 District/Large Urban Town Centres (Ballincollig) and will be assessed on a case-by-case basis’. The proposed development being coffee shop operation and drive-through facility as set out in the application is deemed to come within the scope of a hot-food takeway/fast-food restaurant. The subject site is not a Level 2 District/Large Town Urban Centre. The proposed development would, therefore, materially contravene the land use zoning objective of the site, contravene other provisions of the Cork City Development Plan and would not be in accordance with the proper planning and sustainable development of the area.

1. The existing cabin style dwelling, by reason of its design and materials of construction, would be prejudicial to public health and would be seriously injurious to the amenities of the area. The development would be at variance with Objective CPO6.29 of the Wicklow County Development Plan2022-2028 as the dwelling is considered to represent a haphazard and substandard form of permanent residential accommodation. Such a development would establish an undesirable precedence for similar sub-standard forms of residential development in the area, would be contrary to visual amenities of the area, to County Development Plan policy and to the proper planning and sustainable development of the area.
2. The development for retention results in the existing wastewater treatment system on site serving the subject residential unit and the existing main dwelling on site. No information has been submitted with regard to the existing wastewater treatment system on site and CPO 13.17 of the County Development Plan states that private wastewater treatment plants for multi-house developments will not be permitted. The proposed development for retention would therefore be contrary to the objectives of the Wicklow County Development Plan and would be prejudicial to public health.
3. The Council’s settlement strategy is to require new housing to locate on designated housing land within the boundaries of settlements, and to restrict rural housing to those with a housing need based on the core consideration of demonstrable functional social or economic need to live in the open countryside in accordance with the requirements set out in Table 6.3 of the Wicklow County Development Plan 2022 -2028. Insufficient information has been submitted to show that the applicant comes within the scope of the housing need criteria as set out under Objective CPO 6.41 of the Wicklow County Development Plan 2022 -2028 as they have not demonstrated a bona fide need for a new dwelling in the open countryside in accordance with the requirements set out in Table 6.3. The proliferation of nonessential housing in rural landscape areas erodes the landscape value of these areas and seriously detracts from views of special amenity value. The proposed development would therefore be contrary to the proper planning and sustainable development of the area.
4. Having regard to: a) The layout of the vehicular entrance on site; b) Its location on the inside of a bend in the road; c) The proposed development which would result in two dwellings using this entrance and the additional traffic movements generated by the same and, d) The failure of the applicant to demonstrated that there are adequate sightlines available at this entrance; It is considered that the proposed development would endanger public safety by reason of serious traffic hazard and would therefore be contrary to the proper planning and sustainable development of the area.

The site of the proposed development is not suitable for the safe disposal of effluent in accordance with the 2021 EPA Code of Practice: Domestic Wastewater Treatment Systems (P.E≤ 10) having regard to previous and current indicators of high water table conditions and/or poor percolation characteristics on site, as observed during site inspections, and, the minimum unsaturated soil/subsoil depth that can be achieved, as set out in Table 6.3 of the said EPA Code of Practice (2021). It is therefore considered that the proposed development, if permitted, would therefore be prejudicial to public health and contrary to the proper planning and sustainable development of the area.

1. The primary application is for retention as a house, then change of use for short term let until again required as a house. Having regard to the size and scale of the structure to be retained as a dwelling on site, with a stated area of 26.7sq.m, it is considered that the retention and use of this structure as a dwelling would represent a substandard form of development which, when compared to even the minimum size for an apartment as set out in the Kilkenny City and County Development Plan 2021- 2027, would be inadequately sized. It is considered that retention of the development would set an undesirable precedent for further such development and will be contrary to the residential amenities and proper planning and sustainable development of the area.
2. (a) The combined areas of the existing outbuilding and proposed garage are deemed excessive to serve the needs of only a proposed short term let accommodation on this subject site (b) The scale, design and location of the proposed garage, are out of character with the residential nature of the site, and contrary to the visual amenities of the area The proposed garage on site is therefore considered contrary to the residential amenities, rural character, visual amenities and proper planning and development of the area.
3. The applicant has (i) stated that the vehicular entrance adjacent to the agricultural building which is proposed for use as a domestic garage will not be used to facilitate the short-term let building, (ii) has not demonstrated vehicular parking for visitors on site or internal vehicular access leading to the proposed domestic garage, and (iii) has not demonstrated in relation to either vehicular entrance serving the site, that adequate sightlines exist or can be achieved and maintained for vehicles entering and egressing the site; the applicant has failed to demonstrate that the development would not give rise to traffic hazard at this location and would be contrary to the proper planning and sustainable development of the area.
4. The applicant has failed to demonstrate provision of an adequate water supply to serve the development and has not submitted a Confirmation of Feasibility from Uisce Eireann to serve the building to be used for short-term let; the applicant has failed to the demonstrate that the development would not be prejudicial to public health.
5. The applicant has failed to demonstrate that the wastewater treatment system is adequate to cater for the existing and proposed development or adequate provision for the disposal of surface water on site, and the development as proposed would be prejudicial to public health and the environment.
6. The subject buildings for retention form part of a larger landholding which also includes a dwelling house. The water, wastewater and vehicular access serving the dwelling house on site are proposed to serve the buildings for retention on site. The applicant has failed to demonstrate in the application documents that sub-division of the overall landholding will not occur; such sub-division of the landholding and the associated services for would give rise to traffic hazard, and would be prejudicial to public health and the environment, and 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.

1.The Planning Authority considers that the proposed development, comprising the retention of a single-storey storage shed used for the storage of outdoor pergolas and coverings associated with an online commercial business, constitutes 'Warehouse', comprising commercial storage use on lands subject to Zoning Objective 'B', the objective of which is to 'Protect and improve rural amenity and to provide for the development of agriculture'. Having regard to the nature of the use, the Planning Authority considers that the development is not compatible with the rural function of lands zoned Objective 'B' and is neither Permitted in Principle nor Open for Consideration under Table 13.1.4 of the Dún Laoghaire-Rathdown County Development Plan 2022-2028. The proposed development would therefore materially contravene Zoning Objective 'B' and would be contrary to the proper planning and sustainable development of the area.

Having regard to the nature of the proposed development, which comprises of the substantial and almost complete demolition and reconstruction of a residential dwelling, it would not be in accordance with Policy Objective CA6: Retrofit and Reuse of Buildings and Policy Objective PHP19: Existing Housing Stock - Adaptation, nor would it accord with the provisions of Section 12.3.9 Demolition and Replacement Dwellings of the Dun Laoghaire Rathdown County Development Plan 2022-2028, in that a strong justification for the substantial and almost complete demolition of the existing dwelling on site has not been provided. Furthermore, it is considered that the substantial and almost complete demolition of the existing dwelling and its subsequent replacement, if permitted, would set an undesirable precedent which would be contrary to the provisions of theDún Laoghaire Rathdown County Development Plan 2022-2028and the proper planning and sustainable development of the area.

Having regard to the narrow plot width of the application site, combined with the proposed dwelling’s excessive depth and 2-storey height and positioning on the shared western boundary width No. 176 Clontarf Road, the proposed dwelling would result in an overbearing and visually obtrusive impact on the neighbouring residential dwelling, specifically No. 176 Clontarf Road, contrary to Section 15.13.3 (Infill/Side Garden Housing Developments) and the Z2 zoning objective ‘To protect and/or improve the amenities of residential conservation areas’ (Section 14.7.2) as set out in the Dublin City Development Plan 2022 – 2028. The proposed development, would therefore, be contrary to the proper planning and sustainable development of the area.

1. Having regard to the pattern and character of development in the area and the restricted nature of the site the proposed development, by reason of its excessive height, scale, and massing, as well as its excessive density would constitute over development of the site resulting in an obtrusive and visually incongruous development that would be out of character with the pattern development in the vicinity and would result in a substandard form of development by reason of the particular nature of the aspect which would fail to provide quality residential amenity for future occupiers. The proposed development would be contrary to the requirements of Strategic Objective 9 and Zoning Objective 8.3, Objectives 11.1 and 11.4 of the Cork City Development Plan 2022-2028. The proposed development would, therefore, be contrary to the proper planning sustainable development of the area.
2. It is considered the form, massing, scale and design approach of the proposed development would have an adverse material impact on the character of the Blackpool Architectural Conservation Area. The proposals would be contrary to Strategic Objective 7 and Objective 8.23 of the Cork City Development Plan 2022-2028. The proposal also fails to accord with the guidance in the Architectural Heritage Protection, Guidelines for Planning Authorities by Department of Arts, Heritage and the Gaeltacht. The proposed development would, therefore, be contrary to the proper planning sustainable development of the area.
3. Having regard to the location of the proposed development, its design and its relationship with the adjoining residences of Berwick House, it is considered that the proposed development has not demonstrated that future residents will be provided with adequate light and privacy and the residential amenity of the residents of Berwick House will not be unduly impacted by virtue of overshadowing and overlooking. The proposed development would be contrary to Objectives 11.3 and 11.4 of the Cork City Development Plan 2022-2028. The proposed development would therefore seriously injure amenities and would be contrary to the proper planning and sustainable development of the area.

1. Having regard to Virginia Bypass Development Objectives VB 01 and VB 02 as set out in the Cavan County Development Plan 2022 – 2028 which require Cavan County Council to work in conjunction with Transport Infrastructure Ireland and Meath County Council to reserve and protect option corridors from development that would interfere with the delivery of the Virginia By-Pass, it is considered that the proposed development would be premature pending the determination by the Planning Authority or the Road Authority of a road layout for the area or any part thereof.
2. It is considered that the proposed replacement of a traditional vernacular two- storey dwelling on this elevated exposed site by a new dwelling which, in the opinion of the Planning Authority, would not have sufficient regard to the design and character of the existing dwelling or to the guidance on design form and proportions included in Sections 2.1 and 2.2 of the “Design Guide for Rural One-Off Developments in Cavan Countryside”, would fail to meet the relevant criteria of Objective RDR 03 of the Cavan County Development Plan 2022 – 2028 one of which is that the design of replacement dwellings in rural areas shall have regard to the design, finish and character of the existing building and comply with the ‘Cavan Rural Design Guide’, or any such replacement document. The proposed development, and the precedent which it would form, would therefore be considered contrary to the proper planning and sustainable development of the area.
3. Having regard to insufficient information submitted in relation to stormwater drainage design and attenuation capacity for the proposed development, and to adequately ensure that any future drainage infrastructure associated with the Bypass Scheme can safely accommodate the additional flow arising from the proposed development, it has not been adequately demonstrated to the Planning Authority that the proposed development would not give rise to surcharge or increased flood risk downgradient from the proposed development. It is considered, therefore, that the proposed development would be contrary to Objective WQG 07 of the Cavan County Development Plan 2022 – 2028 which is to ensure that development would not have an unacceptable impact on water quality and quantity including surface water, ground water, designated source protection areas and river corridors; and would be contrary to Objective FRM 01 which is that development that would cause flooding or exacerbate such a risk at the proposed development site or at another location shall not normally be permitted