SD24A/0010

The construction of a tarmac finish off-road parking area in front of the property on the open space lands owned by the local authority, and all the necessary ancillary site development works to facilitate development.

Refused

Core Refusal Reason

The development is contrary to the 'OS' (Open Space) zoning objective of the South Dublin County Development Plan 2022-2028, involves the unauthorized appropriation of public land, and fails to meet Sustainable Drainage Systems (SuDS) standards due to its impermeable tarmac surface.

Decision Maker's Conclusion

  • The retention of a private parking area on lands zoned for 'Open Space' is fundamentally incompatible with the statutory objective to preserve and provide for recreational amenities.
  • The use of impermeable tarmac surfacing is contrary to Policy GI4 and SuDS requirements, as it fails to limit surface water run-off or enhance biodiversity.
  • Granting permission for the appropriation of public land by a private individual without legal interest or landowner consent would set an undesirable precedent that undermines proper planning and sustainable development.

Cited Policies (CDP)

OS Zoning ObjectivePolicy GI4GI4 Objective 1GI1 Objective 4GI2 Objective 4Policy IE3Section 11.2.1Section 12.6.10

Decision Document Summary

The applicant, Darren Dunne, sought retention permission for an 80sqm tarmacadam parking area located on a triangular green space in front of 90 Boot Road, Clondalkin. The site is owned by South Dublin County Council (SDCC) and zoned 'OS' (Open Space). The Planning Authority refused the application because the applicant lacked sufficient legal interest and the development conflicted with zoning and SuDS policies. In the appeal, the applicant argued that similar parking areas exist in the vicinit...
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