Core Refusal Reason
The proposed development is situated in a high-flood-risk area (Flood Zone B) without a viable, flood-free emergency access or egress route, failing the Justification Test for highly vulnerable development as set out in the National Flood Risk Management Guidelines and the County Development Plan.
Decision Maker's Conclusion
- The site and its primary access are located within Flood Zone B, where residential development is considered highly vulnerable and cannot be justified due to predicted flood depths of up to 1m preventing safe emergency access.
- The existing vehicular entrance from Commons Road is substandard in design, lacking the required DMURS setbacks and sightlines, and its intensification would create a significant traffic hazard for pedestrians and motorists.
- The applicant has failed to demonstrate sufficient legal interest or third-party consent for the proposed emergency pedestrian access through Seaview Woods or for necessary drainage and utility connections outside the red-line boundary.
Cited Policies (CDP)
Zoning Objective APolicy Objective PHP19Policy Objective EI22Section 10.7 (Flood Risk)Section 10.7.2Section 12.3.7.6 (Backland Development)Section 12.3.7.7 (Infill Development)Section 12.4.5 (Car Parking)Section 12.4.8 (Vehicle Entrances and Exits)Appendix 16 (Strategic Flood Risk Assessment)
Decision Document Summary
The applicant sought permission to subdivide the curtilage of 'Stella Maris' on Commons Road, Loughlinstown, to construct a new 214sqm 4-bedroom detached house. The site is a complex backland plot characterized by significant level changes and proximity to the Shanganagh River. The Inspector's primary concern is flood risk; the northern portion of the site and the sole vehicular access are located in Flood Zone B, where the Office of Public Works (OPW) maps predict significant flooding. The Insp...SOURCE PDFOpen Original
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