Core Refusal Reason
The proposed development involves building over a 225mm foul sewer, which is prejudicial to public health and contrary to infrastructure protection objectives of the Fingal Development Plan 2023-2029.
Decision Maker's Conclusion
- The extension is acceptable in principle under the 'RS' residential zoning and would not have an unacceptable impact on the residential amenity of neighboring dwellings in terms of overshadowing or overbearing.
- The applicant failed to conclusively rebut evidence from Uisce Éireann regarding a 225mm foul sewer traversing the rear garden immediately within the footprint of the proposed works.
- Building over this critical drainage infrastructure would be contrary to the proper planning and sustainable development of the area and would set an inappropriate precedent for similar developments.
Cited Policies (CDP)
Objective IUO5Policy SPOHP41Objective SPQHO45Section 14.10.2Section 14.10.2.3Section 14.10.2.4
Decision Document Summary
The application at 24 Craoibhin Park, Balbriggan, sought permission for the demolition of an existing extension/shed and the construction of a new ground and first-floor rear extension. Fingal County Council refused permission primarily due to the presence of a 225mm foul sewer. On appeal, the Inspector found that while the proposed design and its impact on the residential amenities of the mid-terrace site were generally acceptable and in line with residential zoning policies, the technical infr...SOURCE PDFOpen Original
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