Refusal decisions · 14–20 Sep 2026

1. Having regard to the Kildare County Development Plan 2023-2029 Policy and Objectives (HO O59) and to the Rural Residential Density Toolkit which seeks to limit density of rural housing, especially in sensitive locations, and to exclude ‘key landscape features…from the calculation area, including areas of important habitat such as a natural peatland and Natural Heritage Areas, and where the maximum density (according to the Toolkit) is indicated to be 16, and where the existing density is already at 25 dwellings, an additional dwelling at this location would intensify the ‘proliferation of one-off housing immediately adjoining key landscape and habitat features’, would result in development on an open and unscreened site, and would further ‘erode the intrinsic rural character, amenity value or environmental quality of the landscape’, which the policy seeks to avoid. To permit the development as proposed would run counter to the provisions of Policy HO P26 and Objective HO O59 of the Kildare County Development Plan 2023-2029, would serve to further erode the intrinsic rural character of the area, would set an undesirable precedent for similar development of this nature and would therefore be contrary to the proper planning and sustainable development of the area.
2. Policy HO P27 of the Kildare County Development Plan 2023–2029 requires ‘all applications to demonstrate, to the satisfaction of the Planning Authority that the proposed development site can accommodate an on-site wastewater treatment system in accordance with the Environmental Protection Agency (EPA) Code of Practice for Wastewater Treatment Systems for single houses (2021)’. Having regard to lack of relevant information pertaining to the proposed Wastewater Treatment System and associated polishing filter, it has not been demonstrated to the satisfaction of the Planning Authority, that the proposed development would not be prejudicial to public health and therefore would be contrary to Policy HO P27 of the Kildare County Development Plan 2023-2029 and to the proper planning and sustainable development of the area.

Objective IN O28 of the Kildare County Development Plan 2023-2029 seeks to ensure development proposals in rural areas demonstrate compliance with ground water protection schemes and flood risk guidelines. Furthermore, objective IN O33 of the Kildare County Development Plan 2023-2029 requires compliance with the Flood Risk Management Guidelines for Planning Authorities, DECLG and OPW (2009) and circular PL02/2014 (August 2014) or any updated version of these guidelines. Having regard to the proposed Waste Water Treatment System being sited within a 1% AEP flood risk zone and the Site Specific Flood Risk Assessment submitted not satisfying the Planning Authority that the proposal would not be liable to flooding leading to the endangerment of human and wildlife health, to permit the proposed development and development for retention would be prejudicial to public health, would materially contravene the Kildare County Development Plan 2023-2029 objectives and would be contrary to the proper planning and sustainable development of the area.

1. The proposed development, having regard to levels and contours requiring significant excavation, which has resulted in a poorly designed stepped retaining wall, creating a substandard transition between the existing development to the west of the site and the proposed development in the form of large stepped retaining wall, and where a suitable design solution has not been achieved to minimise the impact on the scheme layout and its main area of public open space, and the substandard design of the dwellings and maisonette units, the proposed development would be contrary to Kildare County Development Plan 2023-2029 objective UD 01 which requires ‘a high standard of urban design to be integrated into the design and layout of all new development and ensure compliance with the principles of healthy placemaking”. Furthermore, in the absence of a coherent and rational approach to key indicators of quality design and placemaking, the proposal would be contrary to the principles of the Section 28 Ministerial Guidelines on Sustainable Residential Development in Urban Areas and the Compact Settlements Guidelines (2024) therefore would be contrary to the proper planning and sustainable development of the area.
2. The application site is in close proximity to the Royal Canal, a proposed Natural Heritage Area, the proposed development requires significant excavation where the substantial presence of an invasive species (Japanese Knotweed) has been identified and where an Invasive Species Management Plan [in order to comply with the provisions of the European Communities (Birds and Natural Habitats) Regulations 2011-2015 requiring explicit biosecurity measures, chosen treatment methods, and licensed disposal pathways] has not accompanied the application. It has not been demonstrated to the satisfaction of the Planning Authority that the proposed development will not result in significant environmental degradation and the proliferation of a harmful invasive species. The proposed development is therefore contrary to Objective BI 058 of the Kildare County Development Plan 2023-2029 and would be contrary to the proper planning and sustainable development of the area.
3. Kildare County Development Plan 2023-2029 (as varied) objective TMO 117 seeks to ensure there is appropriate EV charging facilities for residential developments; objective TM O124 seeks to provide sufficient public lighting; objective TM O20 seeks to ensue appropriate permeability through developments and policy TM P7 seeks to ensure that the safety and capacity of the local road network is maintained. Having regard to the substandard provision of EV charging facilities, the lack of public lighting provided on Connaught Street, no permeability from the site to The Crescent, Ledwill Park, and the poor alignment and insufficient road widening on Connaught Street it is considered the proposed development contravenes objectives TM O 117, TM O124, TM O20 and policy TM P7 of the Kildare County Development Plan 2023-2029, would constitute a substandard form of development and would be contrary to the proper planning and sustainable development of the area.
4. Insufficient information has been submitted with regard to inter alia, cross-sectional drawings, contiguous drawings, and the disposal of excavation material where there is a known invasive species on site to enable the Planning Authority to adequately assess the impact of the proposed development on surrounding residential amenity, the character of the area and the environment. The proposed development would therefore be contrary to the proper planning and development of the area.

The storage shed for which retention is sought, is located in an area where the stated zoning objective in the Newbridge Settlement Plan (Variation 2 of the Kildare County Development Plan 2023- 2029) is ‘B - Existing Residential and Infill, - to protect and enhance the amenity of established residential communities and promote sustainable intensification. The scale and design of the shed structure at a stated gross floor area of 68sqm, would be contrary to Section 15.4.13 of the Kildare County Development Plan 2023-2029 (as varied) which requires that the floor area shall not exceed 40sqm and would therefore be excessive for purposes ancillary to the enjoyment of the dwelling house. Accordingly, to permit the retention of a 68sqm storage shed would be contrary to section 15.4.13 of the Kildare County Development Plan 2023-2029 (as varied), would contravene materially the zoning objective pertaining to the site which is to protect and enhance the amenity of established residential communities and promote sustainable intensification, would seriously injure the amenities and depreciate the value of property in the vicinity and set an undesirable precedent for similar development in the area and be contrary to the proper planning and sustainable development of the area.