Core Refusal Reason
The proposed development on lands zoned 'HA' (High Amenity) fails to meet the criteria of the Fingal Development Plan 2023-2029 Rural Settlement Strategy, as the applicant has not demonstrated a defined essential housing need based on farming or exceptional health circumstances.
Decision Maker's Conclusion
- The applicant, currently residing in Australia, has failed to justify an essential economic or social need to live in the rural 'HA' zoned area as required by both local policy and the National Planning Framework.
- The Board is constrained by Section 37(2)(b) of the Planning and Development Act 2000 and cannot justify a grant of permission that materially contravenes the development plan, as the project is not of strategic or national importance.
- While the proposal would have negligible visual and residential amenity impacts on the existing ribbon development, it fundamentally conflicts with the zoning objective to protect highly sensitive and scenic locations from inappropriate development.
Cited Policies (CDP)
Fingal Development Plan 2023-2029Section 3.5.15.3Objective SPQHO74
Decision Document Summary
The proposal involves the replacement of an existing 420sq.m greenhouse with a two-storey family dwelling (c190sq.m) on Skerries Road, Rush, Co. Dublin. The 0.33ha rectangular site is situated on the east side of the regional road (R128) in an area characterized by ribbon development but zoned 'HA' (High Amenity) in the Fingal Development Plan 2023-2029. The Planning Authority refused permission on the grounds that the applicant did not meet the restrictive local housing need criteria for HA-zon...SOURCE PDFOpen Original
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