Core Refusal Reason
The application was refused due to a deficient Natura Impact Statement (NIS), failure to demonstrate safe vehicular access (sightlines), and multiple technical non-compliances regarding site layout, residential amenity, and drainage design.
Decision Maker's Conclusion
- The development would endanger public safety by reason of a traffic hazard due to the failure to demonstrate achievable sightlines and secure necessary third-party consents for boundary removals.
- The Natura Impact Statement (NIS) submitted is scientifically inadequate, containing significant omissions regarding winter bird surveys, cumulative effects, and impacts on the Malahide and Rogerstown Estuary protected sites.
- The proposal fails to meet minimum standards for residential amenity, including internal storage requirements and private open space segregation, while also lacking sufficient detail on sustainable drainage (SuDS) and pedestrian connectivity.
Cited Policies (CDP)
Decision Document Summary
This application sought the demolition of an existing building on Swords Road, Malahide, to facilitate a residential development. Fingal County Council refused permission primarily because the applicant failed to prove that safe road access could be achieved without third-party land, creating a traffic hazard. Furthermore, the environmental assessment (NIS) was deemed fundamentally flawed in its evaluation of protected bird species and Natura 2000 sites within the ecological buffer zone. Other g...SOURCE PDFOpen Original
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