Core Refusal Reason
The development is considered premature pending the adoption of a Local Area Plan (LAP) for the Rathmichael area and would pre-empt strategic decisions regarding density and infrastructure; additionally, it poses risks to public health via wastewater management in a protection zone and traffic safety hazards due to infrastructure deficits.
Decision Maker's Conclusion
- The proposal materially contravenes the 'A1' zoning objective by pre-empting the Rathmichael LAP, which is required to coordinate density and sustainable neighbourhood infrastructure.
- The absence of a public footpath network on Falls Road and restricted sight distances at the site entrance would result in a traffic hazard and endanger public safety.
- The use of a proprietary effluent treatment plant in a Ground and Surface Water Protection Zone, without a cumulative loading assessment for the area, is prejudicial to public health.
Cited Policies (CDP)
Section 2.6.1.3Policy CS10Policy Objective PHP19Section 4.3.1.2Section 12.3.7.7Section 12.3.9Section 2.6.2.1
Decision Document Summary
The applicant sought permission for a 243sq.m single-storey dwelling, a detached garage, and a home-office unit on a 0.22ha site at 'Shangarry', Falls Road, Rathmichael. The site is a subdivided portion of a larger garden where permission already exists for a replacement dwelling. The Inspector noted that while the area is suburban, the new 2022-2028 County Development Plan zoned the lands 'A1', requiring a Local Area Plan (LAP) to manage future high-density development and infrastructure. The I...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.
PDF Document Missing
The original decision document for this case could not be linked. This often happens for older cases or those with restricted documentation.
Search for case on ABP