Core Refusal Reason
The primary reason for refusal is the substandard nature of the existing vehicular access from the laneway onto Brighton Road, which suffers from insufficient sightlines, thereby endangering public safety and failing to comply with Section 12.4.8 of the County Development Plan.
Decision Maker's Conclusion
- The proposed infill dwelling is acceptable in principle under the 'A' zoning and generally complies with design, density, and residential amenity standards.
- The existing shared laneway access onto Brighton Road is fundamentally deficient in sightlines (providing only 43m and 31m where 49m is required) and does not meet DMURS safety standards.
- Permitting the development would set an unwelcome precedent for further intensification of use of a restricted vehicular access onto a 50km/h road, resulting in a traffic hazard and endangering public safety.
Cited Policies (CDP)
Section 12.4.8Table 13.1.1Policy Objective CS11Policy Objective PHP18Policy Objective PHP19Policy Objective PHP20Section 12.3.7.5Section 12.3.7.7Section 12.4.8.1
Decision Document Summary
The proposal involves the construction of a 2.5-storey detached infill dwelling and a detached garage on a 0.310-hectare site at 'Mulberry', Brighton Road, Foxrock. The site is located on a tree-lined laneway within the Foxrock Architectural Conservation Area. The Inspector noted that while the house design, residential amenity, and wastewater treatment proposals were generally acceptable, the development relies on a shared laneway access onto Brighton Road. Technical assessments by the Planning...SOURCE PDFOpen Original
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