Core Refusal Reason
The proposed agricultural entrance onto a regional road (R408) with an 80km/h speed limit fails to meet the exceptional criteria for new access and would result in unnecessary hedgerow removal.
Decision Maker's Conclusion
- The proposal fails to demonstrate exceptional circumstances for a new access onto a regional road (R408) where an 80km/h speed limit applies, contrary to Objective TM O95 of the Kildare County Development Plan 2023-2029.
- The development would involve the removal of approximately 12.8m of roadside hedgerow, which is contrary to objectives aimed at protecting biodiversity and minimizing hedgerow loss (BI O26 and TM O102).
- An existing agricultural entrance to the field was identified during the site inspection, meaning the proposed new entrance is unnecessary and would set an undesirable precedent for future development.
Cited Policies (CDP)
Objective TM O95Objective TM O102Policy BI P6Objective BI O26
Decision Document Summary
John Ryan applied for planning permission to erect an agricultural entrance gateway at Boherhole, Mainham, Clane, Co. Kildare. The site is a flat agricultural field located along the R-408 regional road. Kildare County Council refused the application primarily because the proposal contravenes Objective TM O95 of the 2023-2029 Development Plan, which restricts new access onto regional roads with 80km/h speed limits unless exceptional circumstances are proven. Additionally, the planner noted the p...SOURCE PDFOpen Original
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