Core Refusal Reason
The development is not within an 'existing building' as required by the HA-DM zoning objective, and fails to demonstrate safe vehicular, pedestrian, and cycle access, posing a traffic hazard.
Decision Maker's Conclusion
- The proposal is contrary to the 'HA-DM' zoning objective of the South Dublin County Development Plan 2022-2028 because the existing ruins (4-5 foot walls) do not constitute an 'existing building' suitable for conversion to a café.
- The applicant failed to provide adequate information regarding landscape impact, protected views, ecological assessments (specifically for bats), and surface water drainage (SuDS) for the sensitive mountain location.
- The development does not provide for safe pedestrian and cycle movements and would likely endanger public safety by creating a traffic hazard at the junction of the R116 and Cruagh Road.
Cited Policies (CDP)
Zoning Objective HA-DM (High Amenity - Dublin Mountains)NCBH6 Objective 2NCBH6 Objective 4NCBH15 Objective 1NCBH15 Objective 2GI1 Objective 4GI2 Objective 2GI4 Objective 1GI7 Objective 2EDE19 Objective 1Objective H21 – Objective 1 (Section 6.9.5)
Decision Document Summary
This report assesses a first-party appeal against South Dublin County Council's decision to refuse permission for the construction of tea rooms (169 sq. m) and associated works at a site in the Dublin Mountains. The applicant argued the project was a reinstatement of a historical 1920s tea room. However, the Inspector found that the current structures on site—walls roughly 1.5m high with no roof—do not qualify as an 'existing building' under the HA-DM zoning objective, which only allows restaura...SOURCE PDFOpen Original
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