Core Refusal Reason
The proposed development fails to meet the locational requirements for a rural dwelling as it is situated beyond the 2km proximity limit from the family home, would cause significant visual injury through extensive hedgerow removal, fails to demonstrate safe vehicular access, and encroaches upon a required riparian buffer zone.
Decision Maker's Conclusion
- The applicant did not satisfy the proximity requirements of the Fingal Development Plan 2023-2029, as the appeal site is 2.9km from the family home, exceeding the 2km limit without valid justification.
- The proposed removal of approximately 172 metres of roadside hedgerow to achieve sightlines would materially contravene objectives to protect landscape character and preserved views along the R127.
- The development is located only 12 metres from a watercourse, failing to provide the mandatory 48-metre riparian buffer strip required to protect water quality under the Water Framework Directive.
Cited Policies (CDP)
Policy CSP45Policy CSP46Policy CSP47Objective SPQHO50Objective SPQHO54Objective SPQHO55Objective SPQHO81Objective SPQHO84Objective SPQHO89Policy SPQHP55Policy GINHP21Policy GINHP25Objective GINHO60Objective IUO25Objective IUO26Objective DMSO41Objective DMSO43Objective DMSO140Objective DMSO200Objective DMSO210Table 3.5Table 14.9Table 14.10
Decision Document Summary
The proposal involves the construction of a detached 4-bed dormer dwelling and a wastewater treatment system on a site at Rallekaystown, Lusk, Co. Dublin. While the Inspector acknowledged the applicant's long-standing family ties to the area, the site was deemed unsuitable because it is located 2.9km from the original family home, violating the 2km proximity rule for rural housing. The Inspector argued that the scale of the development and the resulting loss of 172m of mature roadside hedgerow w...SOURCE PDFOpen Original
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