Core Refusal Reason
The applicant failed to provide verifiable evidence of the pre-existing dwelling, necessitating an assessment as a new rural dwelling for which eligibility was not established; additionally, the site is located in Flood Zone A and the proposed floor levels are insufficient to mitigate flood risk.
Decision Maker's Conclusion
- The development cannot be considered a replacement dwelling as no documentary or photographic evidence of the original structure was provided, thus the applicant must meet rural housing need criteria, which they failed to do.
- The retention of the house at a floor level of 3.24m OD in Flood Zone A is contrary to the Fingal Strategic Flood Risk Assessment, which requires a minimum of 4.66m OD.
- Any attempt to raise the floor levels to the required standard would likely result in a building height that exceeds the 6.65m limit set out in Local Objective 18 for RU-zoned lands.
Cited Policies (CDP)
Section 14.12.4Section 14.12.8Objective SPQHO44Objective DMSO163Objective DMSO164Objective DMSO165Objective DMSO256Objective GINHO76Local Objective No. 18Local Objective No. 21Objective IUO16Objective IUO17Objective IUO18Table 14.10
Decision Document Summary
The application seeks retention for the demolition of a historic house and the construction of a new 84sqm single-storey dwelling and a 20.4sqm detached garage at 'The Burrow,' Portrane. The site is located in a rural 'RU' zoned area characterized by small-scale holiday homes and chalets near the coastline. The Planning Authority refused permission due to a failure to justify the replacement dwelling and concerns regarding design and flood risk. The Inspector's assessment focused heavily on proc...SOURCE PDFOpen Original
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