Core Refusal Reason
The proposal conflicts with the retention of a street tree and involves development on land outside the applicant's ownership without necessary consent.
Decision Maker's Conclusion
- The proposed development conflicts with the protection and future growth of an existing street tree, materially contravening Objective DMS77 of the Fingal Development Plan.
- The submitted plans failed to accurately represent the site layout, specifically the presence of the street tree and the encroachment onto the public footpath.
- The applicant failed to demonstrate sufficient legal interest or provide owner consent for works proposed on lands outside their ownership.
Cited Policies (CDP)
Objective DMS77
Decision Document Summary
This application sought permission for a lightweight steel framed structure at Rudy's Restaurant on Main Street, Blanchardstown. The proposal was refused primarily because the structure would interfere with a street tree and encroach upon a public footpath. Furthermore, the applicant failed to provide evidence of ownership or consent for the land involved, and the development was deemed to contravene the Fingal Development Plan's objectives regarding tree preservation and visual amenity....SOURCE PDFOpen Original
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