Refusal decisions · 19–25 Oct 2026

Having regard to the residential nature of the development proposed, the absence of facilities for cyclists, pedestrians, vulnerable road users and traffic generated by the development, and the absence of demonstration of safe movements within and to/from the subject site along adjoining laneways, the Planning Authority is not satisfied that laneways adjoining the site are equipped to safely accommodate the proposed introduction of residential use and generation of additional movements. The proposed development would therefore endanger public safety by reason of traffic hazard by itself and by the precedent it would set for similar backland development. In addition, the proposal fails to provide sufficient justification for car-free development at this location in accordance with Section 12.7.4 Car Parking Standards of the 2022-2028 CDP or national guidance regarding residential consolidation. The development as proposed would, if permitted, thus set an undesirable precedent for similar substandard residential development on the laneway, which would in themselves and cumulatively, be harmful to proper planning and sustainable development of the area, and be contrary to the ‘RES’ zoning objective of the site.

Having regard to policy IE8 objective 5, section 12.2.1 (iv), and other relevant provisions, of the South Dublin County Development Plan 2022–2028, it is considered that development that would detrimentally impact the residential amenity of 'RES' zoned lands is not appropriate. In that regard, the assessment by the Environmental Health Officer with regard to noise impact is noted, and the Planning Authority is not satisfied that the proposed development would avoid unacceptable operational noise impacts on nearby residential properties. The applicant has failed to adequately assess the cumulative noise impacts of the proposed outdoor padel and tennis courts or demonstrate the effectiveness of the proposed mitigation measures. In particular, the noise impact arising from an outdoor padel court in operation has not been demonstrated to the satisfaction of the EHO, in particular due to the lack of acoustic survey of an existing development. The Planning Authority therefore cannot be satisfied that the proposed development would avoid unacceptable noise disturbance to nearby residential receptors or would adequately protect the residential amenities of the surrounding area. A grant of permission for the development would, therefore, be prejudicial to residential amenity and contrary to the proper planning and sustainable development of the area.

1. The site of the proposed development is not suitable for the safe disposal of effluent in accordance with an the 2021 EPA Code of Practice: Domestic Wastewater Treatment Systems (P.E≤ 10) having regard to Pl observed site conditions, including indicators of high water table conditions and/or poor percolation characteristics on site, the depth of the water table in the main trial hole and the lack of demonstration il, that the minimum unsaturated soil/subsoil depth can be achieved, as set out in Table 6.3 of the said EPA nc Code of Practice (2021), together with the methodology used in carrying out percolation tests and ou subsequently designing the proposed infiltration area, all of which fail to accord with the requirements C of the EPA Code of Practice. The proposed development would therefore be prejudicial to public health and contrary to the proper planning and sustainable development of the area. y nt
2. The proposed development by reason of the proposed siting and general design features is incapable of ou integrating into the site and into the prominent rural setting in which it is proposed, within Landscape C Character Area 14 (Arigna Mountains), which is classified as ‘Very High Value’ in the County Roscommon on Landscape Character Assessment which forms part of the Roscommon County Development Plan 2022- 2028. It is considered that the proposed dwelling, if permitted, would give rise to a significant and m obtrusive feature in the landscape, would be injurious to the visual amenity and landscape character of m the area and would set an undesirable precedent for further such residential proposals in the area. The co proposed development would contravene the provisions of the Roscommon County Development Plan 2022 – 2028, particularly Section 12.7 (Rural House Design Considerations) of Chapter 12 – Development os Management Standards and the siting and design principles set out in the associated “County R Roscommon Rural Design Guidelines” and therefore would be contrary to the proper planning and sustainable development of the area.

The development, by virtue of providing no private amenity spaces for the residential units fails to provide a satisfactory standard of residential amenity for future residents and is of an overall deficient design. As such, the development is contrary to Section 3.8 and the standards within Appendix 1 of the Planning Design Standards for Apartments Guidelines for Planning Authorities (2025) which has been issued to Planning Authorities under Section 28 of the Planning and Development Act 2000, as amended. Furthermore, the development is contrary to Policies SPQHP35 & SPQHP40, Objectives DMSO19 & DMSO24 and contravenes the “LC” Local Centre zoning objective 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

The proposed development by reason of its siting, scale and design would result in an overbearing form of development which unduly overshadows and adversely impacts the private residential amenity space to the west. The proposed agricultural building would have a detrimental impact on the visual and residential amenities of adjoining residential occupiers than the approved scheme reg ref: F24A/0996E, and would conflict with Objectives DMSO100, DMSO71, Section 14.6.6.4 as well as the ‘HA’ Zoning Objective and Vision of the Fingal Development Plan 2023-2029. The proposed development would therefore be contrary to the proper and sustainable development of the area.

The proposed development by virtue of its scale massing and design would be unsympathetic to the design of the existing dwelling and would appear overly dominant at rear and side elevations; would be incongruous with the character of the area; and, would have a detrimental impact on the visual amenities of the area. The proposed development would directly conflict with Sections 14.10.2.3, 14.10.2.4, Policy SPQHP41 and Objective SPQHO45 of the Fingal Development Plan 2023-2029 and would be contrary to the proper planning and sustainable development of the area. The proposed development if permitted would set an undesirable precedent for other similar developments, which would in themselves and cumulatively be harmful to the amenities of the area and be contrary to the proper planning and sustainable development of the area.

RECOMMENDATION Pursuant to the Planning and Development Acts 2000, (as amended), it is hereby recommended, for the reason set out in the First Schedule hereto, to REFUSE PERMISSION for the said development for the following reason: 1. The proposed development, by reason of the location, design, and appearance of the proposed glazed porch, would have a negative impact on the appearance, character and special interest of the Protected Structure, and would therefore be contrary to Policy Objective HER8, of the Dún Laoghaire-Rathdown County Development Plan 2022-2028, as varied, which seeks to protect structures on the Record of Protected Structures from any works that would negatively affect their special character and appearance. The proposed development would also set a negative precedent for similar inappropriate development, and would therefore be contrary to the proper planning and sustainable development of the area.

Having regard to the proposed development’s proximity to adjoining property boundaries and the existing supermarket building in a secluded and constrained location of the site the proposal for 3no. staff accommodation residential units at this inappropriate location would result in a seriously substandard level of residential amenity for future residents of the development by reasons of poor safety and security; inadequate levels of daylight to the residential units; poor outlook from the residential units; absence of private amenity space and poor quality of communal amenity space in terms of useability, accessibility and sunlight penetration. The proposal would be contravene the provisions of the Dublin City Development 2022 - 2028, in particular Policy QHSN37 and Policy QHSN11, would set a poor precedent for similar sites across the city, and would be seriously injurious to the amenities of the area and would be contrary to the proper planning and sustainable development of the area

The subject site is accessed directly off the N71 National Road, at a location on the N71 with heavy fast moving traffic movements, and as stated in the Cork Development Plan 2022, it is the Council's stated policy to ensure the safety of other road users and to secure safe emerging sightlines. It is considered that the proposed development, which would result in the intensification vehicular movements, and other animal movements, onto the N71 National Road at a point where speed limit of 80 kph applies and where sightlines are deficient. The proposed development would not be in the interest of road safety on a sustainable basis, would interfere with the safety and free flow of traffic on the National Road contrary to Objective TM 12-8 Traffic Mobility Management and Road Safety and Objective TM 12-13 National, Regional and Local Road Network of the Cork County Development Plan 2022, and Section 2.5 of the Section 28 Ministerial Guidelines Spatial Planning and National Roads Guidelines for Planning Authorities, DOECLG 2012. The proposed development would give rise to a traffic hazard and would be contrary to the proper planning and sustainable development of the area.

The proposed development, by reason of siting, scale and design does not comply with the specific criteria set out in paragraph 11.147 relating to Family Flats of the Cork City Development Plan 2022-2028. The applicant has not set out a bona-fide need for a family flat which also does not comply with this relevant policy in the City Development Plan. Furthermore, the proposed development would seriously injure the residential amenity and privacy of the principle dwelling on the site by reason of overbearance and overlooking. The proposed development, if permitted, would set an undesirable precedent and would result in an unfavourable pattern of development in the local area. The proposed development would therefore be contrary to proper planning and sustainable development of the area.