Core Refusal Reason
The proposed development was refused due to the highly constrained nature of the site, which leads to unresolved issues regarding legal access, potential oversailing of site boundaries by infrastructure, and significant negative impacts on the residential and visual amenities of adjoining properties.
Decision Maker's Conclusion
- The site is excessively constrained, resulting in a design where windows, door swings, and essential services (foundations and drainage) would likely oversail site boundaries into lands not under the applicant's control.
- The proposal fails to provide clarity on legal access and right-of-way, and the proximity of the dwelling to the shared laneway would create a significant traffic and pedestrian hazard.
- The development would seriously injure the residential amenities of the area through overlooking and overshadowing, while also negatively impacting the visual amenity and existing boundary vegetation of the adjoining Ashlawn estate.
Cited Policies (CDP)
GDK7GDK8GDK9GDK10GDK15GDK17CPO 4.1CPO 4.2CPO 4.3CPO 4.5CPO 4.6CPO 4.7CPO 4.9CPO 5.1CPO 5.2CPO 5.3CPO 5.4CPO 5.7CPO 5.8CPO 5.9CPO 5.12CPO 5.14CPO 5.17CPO 5.18CPO 5.21CPO 5.22CPO 5.23CPO 5.24CPO 6.2CPO 6.3CPO 6.4CPO 6.5CPO 6.6CPO 6.7CPO 6.9CPO 6.13CPO 6.14CPO 6.15CPO 6.16CPO 6.17CPO 6.18CPO 13.14CPO 13.21SPPR 1SPPR 2SPPR 3SPPR 4
Decision Document Summary
Straight-On Building Service Ltd. proposed the construction of a two-storey, two-bedroom dwelling (c. 84sqm) on a 0.009Ha infill site located to the rear of Dragon House Takeaway on Main Street, Kilcoole. The site is situated in a sensitive context between Penny Lane and the Ashlawn housing estate. Wicklow County Council refused permission because the development's footprint and required infrastructure would likely encroach upon third-party lands, and the applicant failed to demonstrate sufficie...SOURCE PDFOpen Original
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