Core Refusal Reason
The application was refused because the applicant failed to demonstrate a genuine rural-generated housing need under the 'family farm' criteria of the Fingal Development Plan, the site access poses a serious traffic hazard due to restricted sightlines, and there was insufficient evidence to demonstrate safe wastewater disposal.
Decision Maker's Conclusion
- The applicant did not meet the eligibility criteria for a rural-generated house as they failed to provide verifiable documentary evidence of being actively engaged in farming the family farm for a minimum of three years prior to the application.
- The intensification of the existing site entrance would be prejudicial to public safety as the required sightlines cannot be achieved on the narrow, meandering roadway, creating a traffic hazard.
- In the absence of a Site Characterisation Assessment or details regarding population equivalency (PE), it could not be concluded that the proposed wastewater treatment would not cause serious water pollution or be prejudicial to public health.
Cited Policies (CDP)
Policy SPQHP46Objective DMSO44Section 3.5.15.3 (Fingal Rural Settlement Strategy)Policy SPQHP45Policy SPQHP50Policy SPQHO55Objective DMSO200 (EPA Code of Practice)Section 14.12.6Table 14.9 (Design Guidelines for Rural Dwellings)Objective DMSO19Objective DMSO118
Decision Document Summary
The proposal sought permission for the removal of existing outhouses and the construction of a single-storey detached residence at Ballaghstown, Lusk, Co. Dublin, on land zoned 'RU' (Rural). The applicant, who has health issues and resides in temporary accommodation on-site, argued a housing need based on their involvement in a horticultural farm. However, the Inspector found that the applicant only acquired the site in 2024 and provided 'scant' evidence of active farming history as required by ...SOURCE PDFOpen Original
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