Core Refusal Reason
Failure to demonstrate rural housing local need, lack of a site-specific flood risk assessment for a site in a pluvial flood zone, and insufficient details regarding safe vehicular access and legal right of way.
Decision Maker's Conclusion
- The applicant failed to submit a Rural Housing Application Form or provide sufficient details to demonstrate compliance with the local need criteria required by Policy HO P11 of the Kildare County Development Plan 2023-2029.
- The absence of a Site-Specific Flood Risk Assessment for a site identified as being at risk of pluvial flooding means the proposal could be prejudicial to public health and the environment, particularly regarding the wastewater treatment system.
- The application did not demonstrate that adequate sightlines could be achieved at the entrance or that a legal right of way exists to access the site via the private laneway, posing a potential traffic hazard and endangering public safety.
Cited Policies (CDP)
Policy HO P11Table 3.4Section 3.13.3Policy HO P33Objective HO O51Objective HO O59Policy HO P26Policy HO P12Policy HO P13Policy HO P15Appendix 4Section 9.3Chapter 15
Decision Document Summary
The proposal involves the construction of a single-storey dwelling and a secondary wastewater treatment system on a 0.60 ha greenfield site in Ballysaxplain, Co. Kildare. Kildare County Council refused permission on three main grounds: the applicant's failure to prove a genuine local need for rural housing under the current County Development Plan; the lack of a flood risk assessment for a site prone to pluvial flooding; and technical issues concerning the safety of the proposed vehicular entran...SOURCE PDFOpen Original
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