Core Refusal Reason
The proposed development represents a material contravention of the 'RU' (Rural) zoning objective and Objective PM48 of the Fingal Development Plan 2017-2023, as the applicant failed to demonstrate a specific need to locate a nursing home in a rural environment rather than within an established settlement.
Decision Maker's Conclusion
- The development constitutes a material contravention of the 'RU' zoning objective because the applicant failed to establish a demonstrable need for a rural location over an urban one.
- The proposal is contrary to Objective PM48, which requires residential care homes to be located in towns and villages to ensure sustainability, accessibility, and social inclusion.
- The scale, bulk, and generic design of the two-storey building would have a significant and adverse visual impact on an area designated as a 'Highly Sensitive Landscape,' contravening Objective NH36.
Cited Policies (CDP)
Zoning Objective RUObjective PM48Objective NH33Objective NH34Objective NH35Objective NH36Objective NH39Objective NH40Objective DMS46Objective DMS47Objective DMS171Objective DMS80Objective SW07
Decision Document Summary
The application by Ian McGuiness proposed a 92-bedroom, two-storey nursing home on a 2.2-hectare agricultural site at Rogerstown Lane, Lusk, Co. Dublin. Fingal County Council initially refused permission on six grounds, including contravention of rural zoning, impact on a 'Highly Sensitive Landscape', and insufficient information regarding flooding and transportation. On appeal, the applicant argued the site's proximity to Lusk rail station made it uniquely accessible and highlighted the nationa...SOURCE PDFOpen Original
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