Core Refusal Reason
The proposed development would endanger public safety by reason of traffic hazard due to the intensification of an existing access on Church Road where sightlines, particularly to the south, are restricted to 35m, falling below the minimum DMURS requirement of 45m-49m.
Decision Maker's Conclusion
- The intensification of vehicular movements at an access with deficient visibility splays (35m provided vs 45m/49m required) poses an unacceptable risk to road safety on a busy 50km/h bus route.
- Technical mitigation measures proposed by the applicant, including CCTV and convex mirrors, are insufficient to overcome the physical constraints of the neighboring boundary wall and ensure the safety of all road users.
- Although the principle of infill development is acceptable and concerns regarding residential amenity (overlooking/overshadowing) were largely resolved through redesign, the sub-standard access remains a critical and non-compliant safety issue.
Cited Policies (CDP)
Section 12.3.3.2 (Density)Section 12.3.4.1 (Road and Footpath requirements)Section 12.3.7.7 (Infill)Objective PHP: 19Policy RES3Policy RES4Section 8.2.3.4 (Back land/Infill)Section 8.2.8.4 (Private Open Space)
Decision Document Summary
The proposal involves alterations to an existing detached dwelling at 'Lagduff', Church Road, Killiney, and the construction of three new detached houses on the site. The site context is a suburban, mature residential area characterized by large plots, but it is constrained by a narrow private laneway onto Church Road, which is a busy bus route. While the Inspector noted that the principle of densification is supported by the County Development Plan and the applicant successfully addressed conce...SOURCE PDFOpen Original
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View the appeal at An Bord Pleanála