2561431

for 1.) the construction of 32no. dwelling units comprising of 6 no. 1 bed units, 14 no. 2 bed units & 12 no. 3 bed units all of 2 storey construction, 2.) the provision of a new vehicular and pedestrian access to the site from the Geraldine Road, 3.) the provision of a foul pumping station and 4.) all ancillary site and landscaping works necessary to complete the development. An NIS will be submitted to the Planning Authority with the application

Refused

Core Refusal Reason

The proposed development relies on an underground surface water attenuation system located beneath public open space, which directly contravenes County Development Plan policies regarding sustainable drainage (SuDS) and the protection of open space functionality.

Decision Maker's Conclusion

  • The proposed underground surface water attenuation system via soakaway is contrary to Policy IN P4 and Objective IN O24 of the Development Plan, as it fails to implement nature-based SuDS and does not demonstrate that all other options were exhausted.
  • Locating underground attenuation structures beneath public open space is specifically prohibited under Section 15.8 and Objective IN O24 of the Plan, setting an undesirable precedent for future developments.
  • The application lacks critical technical details regarding road safety, landscaping, Part V compliance, and utility connections, rendering the proposal premature and contrary to proper planning.

Cited Policies (CDP)

Policy HC1Objective HCO1.1Objective HCO1.2Section 4.4Objective HO O5HO O6HO O8HO O9Policy BI P15Policy IN P4Objective UD O1Objective IN O24Section 15.8Objective IN O22

Decision Document Summary

Sayvale Ltd sought permission for a residential development of 32 dwelling units on a 0.85ha infill greenfield site at Geraldine Road, Athy, Co. Kildare. The proposal included a mix of houses and apartments, a foul pumping station, and new access. Kildare County Council refused the application primarily because the proposed drainage strategy relied on underground attenuation beneath public open space, which directly contravenes the Kildare County Development Plan 2023-2029. Furthermore, the appl...
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