Core Refusal Reason
The retention of a locked gate contravenes a specific planning condition (Condition No. 4 of PL06F.248412) and restricts pedestrian permeability and connectivity, which is contrary to national and local planning policies aimed at promoting sustainable transport and preventing gated communities.
Decision Maker's Conclusion
- The provision of a locked gate is in direct contravention of Condition No. 4 of the parent permission (PL06F.248412), which required the developer to provide open pedestrian access to improve permeability in the interest of residential amenity.
- The restriction of this access prevents a direct, safe, and convenient route for residents to reach local services, schools, and public transport hubs, thereby undermining sustainable urban design principles.
- The development essentially creates a gated community, which is explicitly prohibited by Objective DMS32 of the Fingal County Development Plan and discouraged by national guidelines for sustainable residential development.
Cited Policies (CDP)
Objective MT13Objective MT17Objective MT22Objective DMS32Zoning Objective RSFingal Development Plan 2017-2023
Decision Document Summary
This report examines a first-party appeal against Fingal County Council's decision to refuse retention permission for boundary walls and a locked pedestrian gate at Carrick Court Close, Portmarnock. The development site is a small extension of 5 dwellings linked to the larger Carrick Court estate. A previous planning grant required an ungated pedestrian link to Suncroft Avenue to ensure connectivity. The appellant argued that the gate is necessary for security, maintenance, and to prevent anti-s...SOURCE PDFOpen Original
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