F25A/0963E

Retention Permission for the retention of the unauthorised 53.6 m2 hip

Refused

Core Refusal Reason

The application was refused due to insufficient information regarding environmental impacts on protected European Sites, failure to provide a required flood risk assessment, and non-compliance with development plan standards for garden rooms.

Decision Maker's Conclusion

  • The Planning Authority is precluded from granting permission because the applicant failed to provide sufficient scientific information to rule out significant adverse effects on the Rogerstown Estuary SPA and SAC.
  • The absence of a Stage 1 Flood Risk Analysis constitutes a material contravention of the Fingal Development Plan 2023-2029 and fails to meet national flood risk management guidelines.
  • The inclusion of toilet and bathroom facilities within the structure violates specific development plan policies regarding the intended use and configuration of garden rooms.

Cited Policies (CDP)

Objective IUO16Objective DMSO212Section 3.5.15.8Section 14.10.4

Decision Document Summary

This application sought retention permission for an unauthorized 53.6 m2 hipped roof structure at Crescent Road, Rush, County Dublin. The site is situated in a flood risk area near the Rogerstown Estuary, a designated European Site. The local authority refused the proposal because the applicant failed to provide an Appropriate Assessment or a Flood Risk Analysis, leaving the authority unable to rule out environmental damage or flood hazards. Furthermore, the provision of sanitary facilities with...
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