Core Refusal Reason
The proposed development would create a traffic hazard due to conflict between pedestrians and vehicles at an excessively wide entrance (7.5m), and would negatively impact public infrastructure, specifically an unprotected lighting pole.
Decision Maker's Conclusion
- The proposed vehicular access width of 7.5m significantly exceeds the Planning Authority's 4.0m maximum limit, creating unacceptable risks for pedestrians on the public footpath.
- The removal of the grass verge would leave a public lighting pole vulnerable to vehicular movements and set an undesirable precedent for the removal of green margins in the estate.
- The proposal fails to provide adequate enclosure for the front garden, resulting in a negative visual impact on the streetscape and a poor definition between private and public domains.
Cited Policies (CDP)
RS Zoning Objective (Sheet 13 / Blanchardstown South)Chapter 13 (Land use Zoning)Chapter 14 (Development Management Standards)Section 14.9.3 (Roads and Footpaths)Section 14.17.6 (Road Safety)Policy Objective DMSO118 (Road Safety Measures)Design Manual for Urban Roads and Streets (DMURS)
Decision Document Summary
The applicant sought permission to extend a dropped kerb and remove a grass verge at 67 Rusheeny Avenue, Dublin 15, to widen vehicular access for a front garden that is already hard-surfaced in cement. Fingal County Council refused permission based on traffic safety, impact on public services (a lighting pole), and insufficient legal interest. On appeal, the Inspector determined that while the appellant had demonstrated sufficient bona fides regarding legal interest, the development remained fun...SOURCE PDFOpen Original
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