Core Planning Reasoning
The Inspector recommended retaining Condition 2 (omitting proposed gates) because a restricted-access gate would prevent the free movement of pedestrians and contravene Objective CMO19 of the Development Plan, which prioritises the removal of barriers to active movement and enhances permeability.
Decision Maker's Conclusion
- A restricted-access gate at this location would prevent the free movement of pedestrians and would not be in keeping with the proper planning and sustainable development of the area.
- Restrictive covenants or private legal agreements regarding estate security are private law matters and are not material planning considerations that override development plan policies on permeability.
- Replacing wooden fencing with metal railings as required by Condition 2(b) provides for enhanced passive surveillance and is more suitable for visual integration with the surrounding residential environment.
Cited Policies (CDP)
Fingal County Development Plan 2023-2029CMP1CMP14CMO6CMO19CIOSO51DMSO30Section 6.5.6.6
Decision Document Summary
The application seeks a change of use to public open space and the construction of a pedestrian link between the Drumnigh Wood and Station Walk estates in Portmarnock to significantly reduce the walking distance to the local DART station. Fingal County Council granted permission but conditioned the omission of the proposed gates to ensure full public permeability. The applicant appealed this condition, arguing that a restricted-access gate is necessary to maintain the security of the existing pr...SOURCE PDFOpen Original
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