Core Refusal Reason
The applicants failed to demonstrate a definitive economic or social need to reside in this high-amenity rural area under strong urban influence, and the development would exacerbate ribbon development, negatively impact protected views, and pose public health risks due to outdated wastewater assessments.
Decision Maker's Conclusion
- The applicants did not sufficiently demonstrate an essential social or economic need to live at this specific location, failing to comply with the criteria for 'Area Under Strong Urban Influence' as set out in the National Planning Framework and local policy.
- The proposed development would represent a significant visual encroachment into the sensitive Dublin Mountains landscape (HA-DM zoning), interfering with protected views and intensifying unsustainable ribbon development on McDonaghs Lane.
- Technical details regarding wastewater treatment were based on outdated 2016 data, failing to prove that the proposal would not be prejudicial to public health or groundwater quality in an area with a high proliferation of private wells.
Cited Policies (CDP)
Policy H19 (Rural Housing in HA - Dublin Mountains Zone)H19 Objective 1Policy H22 (Occupancy Condition)Policy H23 (Rural Housing and Extension Design)Section 12.6.9 (Rural Housing Design)Policy NCBH6 (Dublin Mountains)Policy NCBH15 (Views and Prospects)NCBH15 Objective 1Section 6.9.3 (Rural Housing in HA)Policy H17 Objective 2
Decision Document Summary
The proposal seeks permission for a 160sqm single-storey dwelling and a commercial strawberry farm consisting of three polytunnels on a 0.52ha elevated site at McDonaghs Lane, Brittas, Co. Dublin. The site is located within a High Amenity zone (HA-DM) and an 'Area Under Strong Urban Influence'. The Inspector notes a long history of planning refusals on the site and argues that the applicants' claim of needing to reside on-site to act as carers for elderly parents and to run the farm does not ove...SOURCE PDFOpen Original
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