Core Refusal Reason
The Inspector recommended a grant of permission, overturning the local authority's refusal, on the basis that the development is ancillary to an existing residential care facility rather than an independent dwelling, thereby making standard rural settlement strategy criteria inapplicable.
Decision Maker's Conclusion
- The development is ancillary to the primary use of the site as a residential care facility (established under Section 5), and therefore should not be assessed under strict rural housing eligibility criteria (RF34/RF39).
- The structure is physically subordinate in scale to the main dwelling and does not negatively impact the visual amenities of the rural area.
- The use of existing on-site wastewater treatment and access is acceptable given the single-occupancy, ancillary nature of the development, and a condition can be applied to prevent its independent sale or lease.
Cited Policies (CDP)
RU Zoning ObjectiveObjective RF34Objective RF39Objective RF09Objective RF10Objective RF70Fingal County Development Plan 2017-2023
Decision Document Summary
The application by Nua Healthcare seeks the retention of a converted single-storey garage as a one-bed community dwelling at Borranstown, Ashbourne, Co. Dublin. The Planning Authority (Fingal County Council) initially refused permission, citing a material contravention of the rural settlement strategy and concerns over substandard residential amenity and independent servicing. However, the Inspector noted that the main residence on-site already operates as a care facility for individuals with di...SOURCE PDFOpen Original
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