Core Refusal Reason
The proposal was refused due to unacceptable impacts on neighbor privacy and residential amenity, alongside a failure to demonstrate legal access rights and the physical unsuitability of the narrow laneway.
Decision Maker's Conclusion
- The proposed rear entrance would result in an unacceptable loss of privacy and residential amenity for the occupants of No. 28 Sean O’Byrne Park due to overlooking from a short distance.
- The applicant failed to provide evidence of a legal right of access over the laneway, which is a requirement for such developments.
- The existing laneway is of insufficient width and lacks passing bays, making it unsuitable for the proposed use and potentially setting an undesirable precedent for the area.
Cited Policies (CDP)
Section 18.13.1Section 18.29.4
Decision Document Summary
This application sought permission for a rear gate at Gorey Corporation Lands to facilitate occasional maintenance. The Planning Authority refused the development on two main grounds: first, the negative impact on the residential amenity of No. 28 Sean O’Byrne Park through overlooking; and second, the lack of demonstrated legal access and the physical inadequacy of the narrow laneway. The decision cited non-compliance with Sections 18.13.1 and 18.29.4 of the Wexford County Development Plan 2013-...SOURCE PDFOpen Original
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