Core Refusal Reason
The development was refused due to the inappropriate location of 'highly vulnerable' residential units in a flood risk zone and significant information deficits regarding land ownership, existing building usage, and essential residential amenities.
Decision Maker's Conclusion
- The proposed ground floor residential use is classified as 'highly vulnerable' and fails to satisfy the Justification Test required under national flood risk management guidelines.
- The applicant failed to provide sufficient evidence of land ownership or third-party consent for the retention of windows and doors on the northern elevation and the proposed balcony on the eastern elevation.
- The application lacks adequate detail and provision for refuse storage and bicycle parking, failing to meet the minimum standards set out in the Section 28 Guidelines for New Apartments.
Cited Policies (CDP)
Section 15.21 of the New Ross Town and Environs Development Plan 2011Section 4.9 of the Sustainable Urban Housing: Design Standards for New Apartments 2020Section 4.17 of the Sustainable Urban Housing: Design Standards for New Apartments 2020Section 5.15 of the Flood Risk Management Guidelines (OPW 2009)
Decision Document Summary
The proposal sought permission for 12 residential units (3 one-bedroom apartments and 9 additional units) at a site in New Ross Urban. The Planning Authority refused the application primarily because the ground floor residential use was deemed unsuitable for a flood risk area, which is contrary to the New Ross Town and Environs Development Plan 2011. Additionally, the application was found to be significantly deficient in detail, failing to clarify existing floor usage, provide legal certainty r...SOURCE PDFOpen Original
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