Core Planning Reasoning
The primary reason for refusal (despite a recommendation of grant in one section, the 'Reasons and Considerations' detail a refusal) is the failure of the applicant to submit a bat derogation license or adequate information regarding the confirmed presence of a common pipistrelle bat roost in the dwelling to be demolished, rendering the proposal contrary to the EU Habitats Directive and Policy Objective GIB22 of the Development Plan.
Decision Maker's Conclusion
- The proposed residential density of 76 units/ha and the building height of up to 5 storeys are considered appropriate for this infill suburban location and align with national compact growth guidelines.
- The demolition of the existing dwelling is deemed acceptable as the building lacks architectural heritage merit and its replacement facilitates a significant increase in housing delivery on serviced lands.
- The application is fundamentally stalled by a 'new issue' regarding the confirmed bat roost; following ECJ Case C-166/22, the lack of a derogation license at the application stage necessitates refusal or a significant delay for further party consultation.
Cited Policies (CDP)
Objective A (Zoning)Policy Objective PHP18Policy Objective PHP19Policy Objective PHP20Policy Objective PHP27Policy Objective PHP42Policy Objective GIB18Policy Objective GIB19Policy Objective GIB22Policy Objective GIB23Policy Objective BHS 3Section 12.3.9Section 12.8.3.1Appendix 5 (Building Heights Strategy)
Decision Document Summary
The proposal involves the demolition of a large detached dwelling and tennis court at 39 Woodside Drive, Rathfarnham, to construct 44 apartments (reduced from 52 via FI) in two blocks ranging from 4 to 5 storeys over a basement. The site is a 0.642 ha corner plot bounded by the Castle Golf Club and the Woodside housing estate, and it contains a protected lime kiln. The Inspector largely supported the principle of the development, noting that traffic, drainage, and residential amenity concerns co...SOURCE PDFOpen Original
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