Core Planning Reasoning
The development proposed for retention is considered acceptable as it would not seriously injure the amenities of the area or of property in the vicinity, would not give rise to a traffic hazard, and is deemed to improve pedestrian safety by providing direct access to the roadside.
Decision Maker's Conclusion
- The retention of the pedestrian gate improves safety for the occupiers of Tory House by providing direct access to the public thoroughfare and removing the need to walk on the road to reach existing southern accesses.
- The gate does not create a traffic hazard or cause interference with the use of the public footpath, nor does it adversely affect the amenities of neighboring properties such as No. 4 Summercove.
- Disputes regarding the ownership of the party wall are civil matters and, pursuant to Section 34(13) of the Planning and Development Act, do not prevent the granting of planning permission.
Cited Policies (CDP)
Section 18.10 (Residential Developments in Towns and Villages) of the Wexford County Development Plan 2013-2019Appendix A (Objectives for Rosslare Strand and Castlebridge) of the Wexford County Development Plan 2013-2019Section 34(13) of the Planning and Development Act as amended
Decision Document Summary
The application seeks retention permission for a timber and metal pedestrian access gate (1.67m high) at 'Tory Cottage', Rosslare, Co. Wexford. The site is located on the main street of Rosslare in a mixed-use area where the boundary wall is directly adjacent to the road. A third-party appeal was lodged citing concerns over traffic safety, poor visibility, and the placement of the gate in a contested party wall. The Inspector's assessment found that the gate actually enhances pedestrian safety b...SOURCE PDFOpen Original
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