Core Refusal Reason
The development materially contravenes the 'High Amenity' zoning objective of the Fingal Development Plan 2023-2029, as tourist accommodation in this zone is only permitted when involving the conversion of a protected structure, while also posing risks to road safety, public health due to inadequate wastewater details, and coastal/ecological integrity.
Decision Maker's Conclusion
- The use of the land for 'Holiday Home / Apartments' in a High Amenity zone without the conversion of a protected structure is a material contravention of the development plan.
- The development creates a significant traffic hazard due to substandard sightlines at the entrance and the inadequate width and condition of Six Cross Lane.
- Insufficient information was provided regarding wastewater treatment and coastal erosion risks, preventing a conclusion that the development would not adversely affect public health or the North-West Irish Sea SPA.
Cited Policies (CDP)
Zoning Objective 'HA' - High AmenityObjective GINHO59 - Development and Sensitive AreasObjective DMSO163 - Coastal ErosionObjective CSO51 - Support Growth of Self-Sustaining TownsPolicy GINHP28 - Protection of High Amenity AreasObjective GINHO67 - Development and High Amenity AreasObjective GINHO58 - Sensitive AreasPolicy GINHP29 - Development and the CoastObjective GINHO73 - New Development and the CoastObjective GINHO74 - Pattern of Coastal DevelopmentObjective GINHO75 - Prohibition of Coastal DevelopmentObjective GINHO76 - Development and Risk of Coastal ErosionPolicy EEP22 - Tourism InfrastructureObjective IUO9 - Surface Water Drainage SystemsObjective IUO10 - SuDS - Nature-Based SolutionsObjective IUO11 - SuDS in New DevelopmentsObjective IUO15 - Surface Water Management PlanSection 14.20.2 - Wastewater TreatmentObjective DMSO200 - EPA's Code of Practice for Domestic WastewaterTable 14.19 - Car Parking StandardsObjective DMSO118 - Road Safety MeasuresObjective DMSO1 - Screening for Appropriate AssessmentPolicy SPQHP57Objective SPQHO100
Decision Document Summary
This report concerns a first-party appeal against Fingal County Council's decision to refuse retention permission for two modular tourist cabins and associated works at Braxton Lodge, Rush, Co. Dublin. The site is located in a highly sensitive coastal area zoned 'High Amenity' (HA). The Inspector found that the proposal fails on several fronts: it violates the specific zoning restrictions for holiday homes, and the modular design and high, unrendered boundary walls cause significant negative vis...SOURCE PDFOpen Original
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