Core Refusal Reason
The applicant failed to demonstrate a genuine local housing need in a rural area under strong urban influence, and the retention of the dwelling would materially contravene a previous planning condition requiring its demolition, while negatively impacting a high-amenity landscape and sensitive visual setting.
Decision Maker's Conclusion
- The applicant has not substantiated a functional economic or social requirement to reside in this rural area as required by the National Planning Framework and the County Development Plan.
- The retention of the bungalow would materially contravene Condition 1 of P.A. Ref. No. D10A/0025, which explicitly required the demolition of this structure as part of a previous grant of permission for a new farmhouse on the landholding.
- The development is located in a prominent, visually intrusive position above the 90-meter contour line in a High Amenity zone, where it interferes with protected views and the character of the Dublin Mountains foothills.
Cited Policies (CDP)
Policy PHP23Section 4.3.1.6Section 12.3.10Section 12.3.10.1Section 12.3.10.2Section 12.3.10.9Section 12.3.10.10Objective GSpecific Local Objective 92
Decision Document Summary
This case involves a first-party appeal against the refusal of retention permission for an existing bungalow, well, and effluent system at Pale Farm, Rathmichael. The applicant sought to remove a requirement from a 2010 permission (D10A/0025) which mandated the demolition of the subject dwelling following the completion of a newer, larger farmhouse on the 31ha landholding. The site is zoned 'Objective G' (High Amenity) and is situated in an 'Area Under Strong Urban Influence.' The Inspector foun...SOURCE PDFOpen Original
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View the appeal at An Bord Pleanála