Core Refusal Reason
The proposed development exceeds the maximum rural housing density of 30 units per square kilometre and contravenes a pre-existing sterilisation agreement on the lands.
Decision Maker's Conclusion
- The existing density of 42 dwellings per square kilometre exceeds the 30-unit limit prescribed by Objective HO O59 of the Kildare County Development Plan 2023-2029.
- The subject site does not qualify as a 'gap site' under Objective HO P14 as its dimensions are considered too large to meet the definition and it would not fully occupy the gap between existing dwellings.
- The development would materially contravene a condition of a previous planning permission (Ref. 88/505) which legally sterilised the subject lands from further residential development.
Cited Policies (CDP)
Chapter 3Section 3.13Section 3.13.3Section 3.14HO P12HO P13HO P14HO P26HO O51HO O59Chapter 13Chapter 15Section 15.7.6Appendix 4Appendix 11
Decision Document Summary
Martina Dempsey sought permission for a one and a half storey rural dwelling, wastewater treatment system, and new entrance at Ballysax Plain, The Curragh, on a greenfield site located in an area under strong urban influence. The application was refused primarily because the local housing density of 42 units per square kilometre significantly exceeds the maximum threshold of 30 units set by the County Development Plan. Furthermore, the site is subject to a pre-existing sterilisation agreement fr...SOURCE PDFOpen Original
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