SD24A/0267W

The proposed development will consist of a high-power electric vehicle charging hub and associated infrastructure consisting of the following: (I) Installation of 10no. electric vehicle charging bays & 5no. charging units, (ii) Installation of a new canopy above EV charging spaces with internal illuminated signage, (iii) Installation of a new ESB Substation and (iv) All other associated site development works including, new landscaping and boundary treatment, and surface water drainage infrastructure including the installation of new Class 2 By-pass Klar ester oil and fuel separator and permeable paving.

Refused

Core Refusal Reason

The proposed development would materially contravene the 'OS: Open Space' zoning objective of the South Dublin County Development Plan 2022-2028, as the electric vehicle charging hub is considered ancillary to a petrol station use, which is specifically 'Not Permitted' within lands zoned for open space and recreational amenities.

Decision Maker's Conclusion

  • The development is not considered a 'public service' or a 'non-conforming use' extension, but rather an expansion of a petrol station use into lands where such use is expressly prohibited.
  • Despite broad national and local policy support for electric vehicle infrastructure, these objectives do not override the specific land use zoning protection intended to preserve open space and provide residential buffering.
  • The Board is not justified in granting permission under Section 37(2)(b) of the Planning and Development Act 2000, as the proposal is of local rather than strategic national importance and the Development Plan objectives are clear and without conflict.

Cited Policies (CDP)

Zoning Objective 'OS'Zoning Objective 'RES'Table 12.15: Use Classes Related to Zoning ObjectiveSection 12.2.1: Non-Conforming UsesPolicy CA1: Climate ActionPolicy GI1: Green InfrastructurePolicy GI6: Human Health and WellbeingPolicy SM7: Car Parking and EV ChargingPolicy E4: Electric VehiclesPolicy E11: Green InfrastructureSection 7.10.2: Electric Vehicle ChargingSection 12.7.5: Car Parking / Charging for Electric Vehicles (EVs)Section 12.9.5: Retail Development: (iv) Motor Fuel StationsAppendix 6: Definition of Use-Classes

Decision Document Summary

The applicant, Circle K Ireland Energy Group Limited, sought permission for a 10-bay high-power electric vehicle charging hub at the Parkway West Service Station in Palmerstown. While the existing service station is primarily located on residential 'RES' zoned land, the proposed charging hub encroaches onto a significant area of 'OS' zoned open space intended to buffer neighboring residences. The Planning Authority refused permission due to material contravention of this zoning. On appeal, the a...
SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.