Core Refusal Reason
The proposal was refused due to the loss of designated public open space within an existing housing development and the failure to adequately address flood risk for a site located within Flood Zone B.
Decision Maker's Conclusion
- The development would result in the loss of established public open space, reducing the provision within the Foxbury estate to 13.6%, which falls below the 15% minimum requirement set out in DM OBJ 26 of the County Development Plan.
- The subject site is located within Flood Zone B, and the absence of a Site-Specific Flood Risk Assessment (SSFRA) and Justification Test means the Planning Authority cannot ensure the development would not be at risk of flooding or exacerbate flooding on neighboring lands.
- The proposal would contravene a condition of the original parent permission (Pl. Ref. 95/1408) which designated these lands as public open space, thereby injuring the residential amenity of existing residents and setting an undesirable precedent.
Cited Policies (CDP)
DM OBJ 26DM OBJ 42BLMD POL 1BLMD OBJ 1Section 11.5.11Section 6.10.2INF OBJ 20INF OBJ 21Section 11.5.2Section 11.5.6Section 11.5.7Section 11.5.8DM POL 6
Decision Document Summary
The applicant sought permission for three detached single-storey dwellings on a 0.18Ha site currently serving as green space within the Foxbury housing development in Mornington, Co. Meath. Although the land is zoned 'A1 - Existing Residential', the Planning Authority refused the application because it would reduce the estate's public open space below the mandatory 15% threshold and violate the original planning conditions for the development. Furthermore, the site's location within a moderate-r...SOURCE PDFOpen Original
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