211659
the demolition of a shed and the construction of 3 No. terraced houses (2 No. 3 bed and 1 No. 4 bed) and associated landscaping, boundary treatment works and all associated works above and below ground. A concurrent planning application is being made to Kildare County Council which relates to the lands to the south and west for the demolition of a car showroom and associated shed and the construction of 10 No. terraced houses (8 No. 3 bed and 2 No. 4 bed) and 65 No. apartments (21 No. 1 bed, 40 No. 2 bed and 4 No. 3 bed) within 3 No. apartment blocks ranging from 3 to 4 storeys in height. Additional works to include the provision of a single vehicular access, 2 No. external bin stores, car and bicycle parking, ESB substation, relocation of electricity poles and undergrounding of electricity wire, telecoms infrastructure and solar panels at roof level of apartment blocks, all landscaping, boundary treatment works and all associated works above and below ground
Core Refusal Reason
The Inspector recommends a grant of planning permission, overturning the Planning Authority's refusal, concluding that technical concerns regarding flood risk and Appropriate Assessment were addressed by the appellant's reports and that the site's zoning for open space is a geographic anomaly.
Decision Maker's Conclusion
- The provided Natura Impact Statement (NIS) and Construction Environmental Management Plan (CEMP) demonstrate that the development will not adversely affect the integrity of the Rye Water Valley/Carton SAC.
- A Site-Specific Flood Risk Assessment (SSFRA) proves the development is located outside high-risk fluvial floodplains and includes a 0.5m freeboard for added protection.
- The site's 'Open Space' zoning is an impractical anomaly caused by a historic change in the river's course; residential use is appropriate as it integrates with a larger brownfield development on the adjoining landholding.