Refusal decisions · 14–20 Sep 2026

RECOMMENDATION REFUSE Planning Permission 1. Having regard to Zoning Objective A and section 12.9.2, Noise Pollution and Noise Nuisance, of the Dún Laoghaire-Rathdown County Development Plan 2022-2028, the Planning Authority is not satisfied that the proposed air source heat pumps would not give rise to unacceptable noise impacts on existing residential amenity. In particular, the submitted Noise Impact Assessment does not identify or assess the closest potentially affected balconies and terraces as noise-sensitive receptors or demonstrate the predicted operational noise levels at those locations. The proposed development would therefore be contrary to the provisions of the County Development Plan concerning residential amenity and noise nuisance and to the proper planning and sustainable development of the area.

REFUSE Planning permission. 1. Having regard to Zoning Objective A and Section 12.9.2, Noise Pollution and Noise Nuisance, of the Dún Laoghaire-Rathdown County Development Plan 2022–2028, the Planning Authority is not satisfied, on the basis of the information submitted, that the proposed air source heat pumps would not give rise to unacceptable noise impacts on existing residential amenity. In particular, the submitted Noise Impact Assessment does not assess the balconies and terraces closest to the proposed heat pumps as noise-sensitive receptors and does not demonstrate the predicted operational noise levels at those locations. The proposed development would therefore be contrary to the provisions of the County Development Plan concerning residential amenity and noise nuisance and contrary to the proper planning and sustainable development of the area.

RECOMMENDATION Refuse Permission for the following reason: 1. The Planning Authority considers that the use of the existing structure as a residential unit constitutes a highly vulnerable form of development within Flood Zones A and B. Having regard to Section 5.2.2 of Appendix 15 (Strategic Flood Risk Assessment) of the Dún Laoghaire-Rathdown County Development Plan 2022-2028, which states that it is not appropriate for highly vulnerable development to be located within Flood Zones A or B, the retention of the development would be contrary to the flood risk management objectives of the Development Plan and would therefore be contrary to the proper planning and sustainable development of the area.

1. While infill development may be accommodated at the subject site, the development as proposed would, by reason of overall layout, design, and siting, fail to conserve and protect the Protected Structure of Mount Michael House and its attendant grounds and would adversely affect the setting, special character or appearance of Mount Michael House, including its historic curtilage. Furthermore, the proposal fails to provide for an overall layout and design that would be sympathetic to the special character and integrity of the subject Protected Structure with regard to appropriate architectural treatment, character, scale and form. The development as proposed would thus contravene policy and objectives of the 2022-2028 South Dublin County Development Plan relating to built heritage and development, including NCBH19: Protected Structures, NCBH19 Objective 1, and Section 12.3.7(iv) Development in Proximity to a Protected Structure. The development, if permitted, would set an undesirable precedent for other similar developments, which would in themselves and cumulatively, be harmful to the character and setting of the subject Protected Structure, and would be contrary to the proper planning and sustainable development of the area.
2. The development as proposed would result in the loss of a significant quantum of established green infrastructure including trees, shrubs and hedgerows within a Primary Green Infrastructure Corridor, and thus would not protect and enhance the biodiversity and ecological value of the existing GI network, and would not protect and retain existing trees, hedgerows, and woodlands which are of amenity and/or biodiversity and/or contribute to landscape character. In addition, in the absence of a submitted Bat Survey, it has not been adequate demonstrated that the proposal would not have a significant adverse impact on biodiversity, including known rare and threatened species. Furthermore, noting the extent of tree loss required to accommodate the development as proposed, it is considered that the proposal would adversely impact on the setting and character of the historic curtilage of Mount Michael House. The development as proposed would therefore fail to accord with the policy provisions of the 2022-2028 South Dublin County Development Plan relating to natural heritage, including GI2 Objective 2, NCBH11 Objective 3, and NCBH5 Objective 1, and the provisions of NCBH19: Protected Structures relating to built heritage, and would thus be contrary to the proper planning and sustainable development of the area.

By virtue of its height, depth and its relationship with adjoining properties to the north and south, the proposed development would result in an unacceptably overbearing and overshadowing development, detrimental to the residential amenities of adjoining occupiers to the north, and would also result in loss of outlook to both adjoining occupiers to the north and south. Accordingly, the proposed development would directly conflict with Policy SPQHP41 and Objective SPHQO45 of the Fingal County Development Plan 2023-2029 and would set an undesirable precedent for similar development in the locality.

1. The proposed development fails to comply with policies and objectives of the South Dublin County Development Plan 2022–2028 in relation to riparian corridors, in particular Policy GI3 Objectives 1-3, Section 11.3.1 and Section 12.4.3 which seek to protect and promote native riparian vegetation along watercourses and requires a minimum 10-metre vegetated buffer zone, measured from the top of the riverbank. The proposed development is situated within 3.5 metres of the River Camac at its closest point, significantly encroaching into this riparian corridor, and it has not been demonstrated how the integrity of the riparian corridor can be maintained and enhanced having regard to flood risk management, biodiversity, ecosystem service provision, water quality and hydromorphology. Permitting development within this 10 metre buffer zone would compromise the ecological integrity of the riparian habitat, risk negative impacts on local biodiversity, and conflict with established Council policies governing the preservation of natural watercourses. Consequently, the proposed development is contrary to the proper planning and sustainable development of the area.
2. AA and EIA Having regard to the nature and location of the proposal development, its proximity to the River Camac, which is a potential hydrological connection to Nature 2000 sites, and based on the level of information submitted which does not included screening nor a full environmental impact assessment nor appropriate assessment, the likelihood of significant effects on the environment and on Natura 2000 that may arise from the proposed development on its own or in combination with other developments cannot be ruled out at this stage. Consequently, the proposed development is contrary to the proper planning and sustainable development of the area.

1. The proposed development is located within an area of the County with the ‘RS’ Residential zoning objective which seeks to ‘provide for residential development and protect and improve residential amenity’ in the Fingal Development Plan 2023-2029. The proposed development as presented fails to comply with Section 14.10.3 Family Flats, Policy SPQHP42 and Objective SPQHO46 of the Fingal Development Plan as no details have been submitted regarding the need and future occupants of the family flat, whilst the detached nature and minimal relationship with the existing property would have the characteristics of a separate dwelling. The proposed dwelling is contrary to the proper planning and sustainable development of the area.
2. The proposed development would be contrary to SPPR 2 of the Sustainable Residential Development and Compact Settlements Guidelines for Planning Authorities (2024) which requires a minimum of 30sqm of private open space for a 2-bedroom dwelling.

The application site is open to an adjoining site which appears to be under the ownership of a family member of the applicant and there is a structure which appears to be in use as a dwelling on this wider family landholding. By virtue of the foregoing, the Planning Authority are not satisfied the applicant has demonstrated they fully comply with the requirements of Table 3.5 of the Fingal Development Plan 2023-2029 and thus, are also not satisfied the applicant has demonstrated they fully comply with Objective SPQHO81 of the Development Plan and the requirements of the Councils Rural Settlement Strategy. Furthermore, until the planning status of this dwelling on the wider family landholding is clarified, the granting of permission for another rural dwelling on the applicants family lands would be premature and would set an undesirable precedent. The proposed development would materially contravene the Fingal Development Plan 2023-2029 and, therefore, would be contrary to the proper planning and sustainable development of the area.

The architectural expression of the original dwelling is considered to contribute to the character of the Marlborough Road Architectural Conservation Area. It is considered that the proposed development including the bulk, massing and scale of the two storey side extension is excessive, does not read as subsidiary to the main structure and does not allow the original structure to remain clearly legible from the proposed extension elements and will therefore have a negative impact on the character and appearance of the original dwelling located in the Marlborough Road Architectural Conservation Area. Accordingly, the proposed development would be contrary to Policy Objective HER13, HER21 and Section 12.11.4 of the Dun Laoghaire-Rathdown County Development Plan, 2022-2028. Therefore to permit the proposed works would be contrary to the proper planning and sustainable development in the area.

1. The subject site is zoned GE General Employment with the objective to provide opportunities for general enterprise and employment. The supporting vision for the GE General Employment zoning objective seeks to facilitate opportunities for compatible industry and general employment uses including appropriate sustainable employment and enterprise uses, logistics and warehousing activity in a good quality physical environment. General Employment areas should be highly accessible, well designed, permeable, and legible within the Fingal Development Plan 2023-2029. The nature of the worker residential accommodation sought for retention, by virtue of its incompatibility with the zoning and existing surrounding land uses, results in the unsustainable and uneconomical use of the subject site which prejudices the objective and the broader vision of the GE General Employment lands. In this regard, the development sought for retention materially contravenes the "GE" General Employment zoning objective and conflicts with Policy EEP2 of the Fingal Development Plan 2023-2029 and will set an inappropriate precedent for other similar forms of development. The development is therefore contrary to the proper planning and sustainable development of the area.
2. The modular and mobile home units serving as worker accommodation, by virtue of their design and appearance, represent a form of ad-hoc, haphazard development of a poor-quality aesthetic which adversely impacts the visual amenity of the receiving environment. Furthermore, the modular and mobile home units, by virtue of their layout and arrangement, represent a serious form of substandard residential living. In this regard, the development materially contravenes the GE General Employment zoning objective, conflicts with Objective DMSO89 and Table 14:15 of the Fingal Development Plan 2023-2029 and will set an inappropriate precedent for other similar forms of development. The development is therefore contrary to the proper planning and sustainable development of the area.

Having regard to the prevailing single-storey character of dwellings along this section of Cromwellsfort Road, the proposed side and rear extension, by reason of its scale, form and siting along the shared boundary with No. 101 Cromwellsfort Road, would appear unduly dominant and overbearing when viewed from the adjoining property. The proposed development would detract from the visual amenities of the area, fail to integrate satisfactorily with the existing dwelling and surrounding pattern of development, and would adversely affect the residential amenities of adjoining occupiers. The proposal would therefore be contrary to the guidance contained in Appendix 18 of the Dublin City Development Plan 2022-2028 and would be contrary to the proper planning and sustainable development of the area

1. The existing unauthorised arrangement of bin stores for houses 2, 3, 6, 7, 10 and 11 The Square is haphazard and has resulted in unacceptable unauthorised removal of hedgerows in contravention of the original permission and SDCC’s Green Infrastructure Policy (Policy GI1 of the South Dublin County Development Plan 2022 – 2028), and would, therefore be contrary to the proper planning and sustainable development of the area.
2. The additional parking spaces are both (i) unjustified and (ii) excessive in comparison to SDCC’s maximum parking rates contained in the County Development Plan and result in the loss of street trees which is unjustified and is not supported. Furthermore, the proposed provision of planter boxes is prejudicial to pedestrian comfort and safety and road safety due the obstructions that would be created for pedestrians and in particular mobility impaired persons, and would not conform to SDCC’s taking in charge requirements. For the above stated reasons, this element of the proposal would undermine the proper planning and sustainable development of the area.

By virtue of its design, scale, mass and form, the proposed rear extension is considered unacceptable and does not comply with Policy SPQHP41- Residential Extensions and Objective SPQH045 Domestic Extensions and does not comply with Section 14.10.2 Residential Extensions of the Fingal Development Plan 2023-2029 which requires that the design and layout of residential extensions must have regard to and protect the amenities of adjoining properties in addition to regard to the character and form of the existing building, and its architectural expression. The proposed garage fails to accord with Section 14.10.4 of the Development Plan by virtue of its size and scale, and the failure to demonstrate that the shed would not detract from the residential amenities of adjoining properties. The proposed development would set an undesirable precedent for developments of a similar nature and would be contrary to the proper planning and sustainable development of the area. Advice Note As part of any future Planning Applications, the applicant is required to clarify any commercial or home based activities operating from the subject site.

1. The proposal comprises of substandard apartment units and lack of private open space which would not accord with the minimum requirements of the Design Standards for Apartments, Guidelines for Planning Authorities (2025), Department of Housing, Local Government and Heritage and would result in an unacceptable poor level of amenity and facilities afforded to future occupiers of the scheme by way of layout and design. The proposal would constitute overdevelopment of the site, contravene the zoning objective of the site in providing adequate residential development and contravene the provisions of the Dublin City Development Plan 2022 – 2028. The proposal would set an undesirable precedent for similar type development and would be contrary to the proper planning and sustainable development of the area.