Core Refusal Reason
The proposal lacks demonstrated legal access to the public road, contains significant mapping discrepancies regarding site boundaries, and fails to justify development on lands primarily zoned for Open Space and Recreation.
Decision Maker's Conclusion
- The applicant has not demonstrated legal entitlement to access the site from the public road (L55412), as the proposed entrance appears to traverse third-party lands without the necessary consents or inclusion within the red line boundary.
- Significant discrepancies exist between the submitted site layout plan and the site location map, meaning the Planning Authority cannot accurately assess the site boundaries, existing garden layout, or the impact on mature trees.
- The development fails to clearly demonstrate the provision of adequate private amenity space in accordance with national guidelines and lacks a required Section 97 exemption application regarding Part V social housing requirements.
Cited Policies (CDP)
Waterford City & County Development Plan 2022-2028Table 11.2 Zoning MatrixZoning Objective: Open Space and Recreation [OS]Zoning Objective: Existing Residential [RS]Sustainable Residential Development & Compact Settlement GuidelinesSection 97 of the Planning & Development Act 2000
Decision Document Summary
Damien and Catherine O'Loughlin sought permission to construct a 166.79 sq.m dormer dwelling and subdivide an existing residential plot at No. 1 Garranmore, Farmleigh, Waterford. The site is situated within a relatively new housing estate, with the majority of the application area zoned for 'Open Space and Recreation'. The Planning Authority identified fundamental issues regarding the lack of clear, legal access to the public road L55412, as the proposed driveway appears to cross third-party lan...SOURCE PDFOpen Original
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