Core Refusal Reason
The proposal was refused due to interference with existing drainage infrastructure (swale), lack of legal interest in the site boundary, and conflict with pedestrian access requirements from a previous planning permission.
Decision Maker's Conclusion
- The development would obstruct access to and maintenance of an existing swale and lacks legal consent for its diversion, posing a risk to public health and representing haphazard development.
- The proposal conflicts with Condition 7 of planning permission 15/4388 (Pl.04.246387), which mandates the provision of a pedestrian path to connect the site to the R611.
- The applicant failed to demonstrate sufficient legal interest in the lands within the application boundary, and the attempt to materially alter the red line boundary during the application process was deemed outside the scope of the current planning application.
Cited Policies (CDP)
Decision Document Summary
The applicant sought permission to construct a dwelling house and associated site works at 21 Carrigcourt, Carrigaline. The local authority refused the application because the proposed layout would hinder access to a critical drainage swale and lacked the necessary legal consent for its diversion. Additionally, the development was found to be in direct conflict with a previous planning grant (Ref. 15/4388) regarding pedestrian connectivity and involved lands outside the applicant's legal control...SOURCE PDFOpen Original
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