F25A/0408E

The development will consist of a dormer style dwelling, advanced wast

Granted

Core Planning Reasoning

The Planning Authority initially refused permission because the applicant had previously been granted planning permission for a rural dwelling at Kileek and therefore allegedly failed to comply with the 'one house' restriction of the Rural Settlement Strategy; however, the Inspector concluded this restriction does not apply to lands zoned as 'Rural Cluster' (RC).

Decision Maker's Conclusion

  • The applicant demonstrated a clear rural-generated housing need based on over 29 years of residency in the locality, thereby meeting the eligibility criteria for development within a Rural Cluster (RC).
  • The Planning Authority's refusal was based on an incorrect policy application; the restriction preventing an individual from receiving permission for more than one house applies to RU, GB, and HA lands, but explicitly does not apply to RC zoned lands.
  • The proposed 3-bed dormer dwelling is an acceptable form of infill development that respects the character of the Wimbletown South rural cluster and complies with technical standards regarding traffic safety, drainage, and residential amenity.

Cited Policies (CDP)

Section 3.5.15.2Section 3.5.15.3Section 3.5.15.5Section 14.8Section 14.12.1Section 14.12.6Objective SPQHO81Objective SPQHO75Objective SPQHO65Objective SPQHO67Objective SPQHO68Objective DMSO19Objective DDMSO27Objective DAO11Policy SPQHP54Table 3.5Table 14.9Table 14.19

Decision Document Summary

The proposal seeks permission for a 230sq.m 3-bedroom dormer-style dwelling, an advanced wastewater treatment system, and a new vehicular entrance on a 0.18ha site in Wimbletown, Ballyboughal, Co. Dublin. The site is located within a designated 'Rural Cluster' and a 'Highly Sensitive Landscape'. Fingal County Council originally refused the application, arguing that the applicant was disqualified from further rural housing because he had previously built a home under the Rural Settlement Strategy...
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