Core Refusal Reason
The development is considered a new rural dwelling rather than a replacement house; as such, the applicant failed to demonstrate a genuine rural-generated housing need as required by the Fingal Development Plan 2023-2029 for lands zoned 'High Amenity' and 'Rural'.
Decision Maker's Conclusion
- The proposed development constitutes a new rural dwelling rather than a replacement dwelling because the previous structure was never occupied, internally completed, or connected to services.
- The applicant (a commercial entity, KGLC Trust Ltd.) failed to demonstrate a genuine rural-generated housing need as required under Section 3.5.15.3 of the Fingal Development Plan.
- The development would contribute to the encroachment of random rural development in a sensitive high-amenity landscape and militate against the preservation of the rural environment.
Cited Policies (CDP)
Section 13.5 (Zoning Objectives)Objective HA - High AmenityObjective RU - Rural AreasObjective SPQHO76Objective SPQHO81Section 9.6.17 (High Amenity Zoning)Policy GINHP28Objective GINHO67Section 3.5.15 (Housing in Rural Fingal)Section 3.5.15.3 (Fingal Rural Settlement Strategy)Objective SPQHO74Policies CSP46 and SPQHP46Section 14.12.4 (Replacement Dwellings - Rural)Section 14.12.2 (Design Criteria for Housing in the Countryside)Section 14.13.3.3 (Private Open Space)Section 14.17.7 (Car Parking)Section 14.6.6 (External Factors for Consideration)
Decision Document Summary
The proposal involves the retention of the demolition of a previously existing, partially completed dwelling and the construction of a replacement 6-bedroom single-storey house, garage, and wastewater treatment unit at Pucky Lane, Garristown, Co. Dublin. The site is located in a rural area with dual zoning of 'Objective HA – High Amenity' and 'Objective RU – Rural'. The Planning Authority originally refused permission because the development failed to meet the criteria for a replacement dwelling...SOURCE PDFOpen Original
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