Core Refusal Reason
The Inspector recommended granting permission, overturning the Planning Authority's refusal, concluding that the applicant meets rural housing need criteria and that the encroachment of services into 'RU' zoned land does not constitute a material contravention of the development plan.
Decision Maker's Conclusion
- The applicant has demonstrated a clear rural-generated housing need based on over 20 years of residency in the immediate Moonlone Lane rural cluster.
- The proposed site layout and the location of the wastewater treatment system on RU-zoned land is a reasonable use of the land holding and does not materially contravene the zoning objectives of the Fingal Development Plan.
- Initial concerns regarding traffic hazard have been resolved via revised drawings showing 30m sightlines and a new 1.5m footpath, which provides a tangible planning gain.
Cited Policies (CDP)
RC Rural Cluster zoningRU Rural zoningObjective SS07Objective RF19Objective RF20Objective RF22Objective RF23Objective RF24Objective RF25Objective NH39Objective DMS129Objective RF29Objective RF30Objective RF33
Decision Document Summary
This appeal relates to a proposed development at Moonlone Lane, Naul, involving the construction of a two-storey house and the retention/alteration of an existing building. Fingal County Council originally refused permission based on two grounds: the material contravention of zoning objectives (due to wastewater services encroaching on RU-zoned land) and traffic safety issues (inadequate sightlines). The Inspector found the applicant's 20-year residency in the area satisfied the 'Rural Generated...SOURCE PDFOpen Original
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