Core Refusal Reason
While the Planning Authority refused permission due to a lack of demonstrated legal interest in the drainage area, the Inspector recommended granting permission, concluding that the applicant had shown sufficient interest to apply, and that previous infrastructural capacity issues regarding foul drainage had been resolved by Irish Water.
Decision Maker's Conclusion
- The legal interest dispute regarding the 'Hope Drain' is essentially a private legal matter to be resolved in court if necessary, and the applicant has provided sufficient legal opinion to satisfy the requirements of a planning application.
- The previous refusal on the site (PL06D.306733) due to a deficiency in the foul drainage network has been overcome, as Irish Water now confirms that the connection is feasible subject to specific upgrade works.
- The proposed development is consistent with the residential zoning for the area and, due to its design and scale, will not negatively impact the visual or residential amenities of neighboring properties.
Cited Policies (CDP)
Dun Laoghaire County Development Plan 2022-2028Objective A (Zoning)Section 12.3.7.5 Corner/Side Garden Sites
Decision Document Summary
The application seeks permission for a four-bedroom, two-storey house with a habitable attic level on a 0.08-hectare site forming part of the garden of 'Carreen' on Golf Lane, Foxrock. The Planning Authority originally refused the application on a single ground: that the applicant failed to prove sufficient legal interest to carry out drainage works in the laneway. However, the Inspector's assessment focused on how the applicant submitted a Senior Counsel's opinion supporting their right to acce...SOURCE PDFOpen Original
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