Core Refusal Reason
The development was refused due to its failure to sensitively address the setting of an adjacent Protected Structure (Kinsaley Church) and the lack of adequate assessment and mitigation for impacts on otters and an identified otter holt.
Decision Maker's Conclusion
- The design and siting of the houses fail to comply with Policy HCAP12 as they are not sympathetic or sensitive to the character and setting of the adjoining Protected Structure (RPS 445, Kinsaley Church and Graveyard).
- The proposal is premature pending further assessments regarding otters, as a recorded holt on the riverbank was identified without a corresponding Otter Conservation Plan or derogation license strategy.
- While the principle of residential development is acceptable under the 'RV' zoning, the specific constraints of architectural heritage and ecological protection on this site have not been sufficiently resolved.
Cited Policies (CDP)
Policy HCAP12Section 1.10.2Objective RVObjective IU016Objective IU026Objective DMSO154
Decision Document Summary
The application proposed three detached two-storey 3-bed houses on a 0.21ha greenfield site at Chapel Road, Kinsaley. The site is characterized by significant constraints, including its proximity to the Sluice River and the ruins of Kinsaley Church, which is a Protected Structure and Recorded Monument. Fingal County Council had previously refused permission for four reasons related to design, riparian corridor infringement, heritage impact, and flood risk. On appeal, the Inspector noted that whi...SOURCE PDFOpen Original
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