Core Refusal Reason
The applicant failed to demonstrate a qualifying 'local need' for a rural dwelling on family-owned land, combined with poor site selection, inadequate flood risk assessment, and non-compliance with design standards for the entrance and garage.
Decision Maker's Conclusion
- The applicant does not meet the rural housing 'local need' criteria as the land is owned by a cousin, who falls outside the definition of 'family' in the Development Plan, and no evidence was provided regarding the lack of suitable sites in the adjoining county.
- The proposed site layout is considered poor planning as it involves 'carving out' a site from a larger field and includes a garage that exceeds the maximum 40sqm floor area limit without justification.
- The application failed to include a mandatory Site-Specific Flood Risk Assessment (SSFRA) and did not demonstrate that safe vehicular access could be achieved without the excessive removal of existing boundary hedgerows.
Cited Policies (CDP)
Policy HO P23Section 3.13.3Policy HO P12Appendix 4Section 2.4 of Appendix 4Policy HOP 32Objective IN O33Objective HO O51Section 15.4.13
Decision Document Summary
This application by Sandra Glynn sought permission for a two-storey house, garage, and wastewater treatment system on a 0.268ha site at Ballynakill, Co. Kildare, near the Meath border. Kildare County Council refused the proposal on five grounds, primarily citing the applicant's failure to satisfy rural housing policy (Policy HO P23) since the land is owned by a cousin rather than immediate family. Furthermore, the development was deemed to conflict with the County Development Plan due to its sub...SOURCE PDFOpen Original
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