2560967
for a modification to the existing overall development granted under planning permission reg. ref. no.: 21/1740—and varied by subsequent granted planning permission reg. ref. no.: 23/79 for a mixed-use creche building—to include the following: a) The proposed change of use from existing permitted creche use at ground floor of an existing two storey mixed-use building to two no. ground floor apartment units. The two proposed apartments consist of one no. two bed apartment with floor area of 74.1 m² (Type ‘T3’) and one no. three bed apartment with floor area of 106.2 m² (Type ‘T4’). Two existing one bed apartments (Types ‘T1’ and ‘T2’) are located at first floor level of the existing building so the building will have a total of four no. apartment units. The external appearance of the existing building will remain unaltered with this proposed change of use. b) The construction of a new rear dividing boundary wall to enclose the proposed private open space for each new apartment unit. c) Pedestrian, cyclist and vehicular access to the development will all remain as per details granted under previous planning register reference nos.: 21/1740 and 23/79. d) All associated site development works including landscaping, surface car parking, footpaths, boundary treatment finishes etc. remain unaltered from the previous permissions noted above.
Core Refusal Reason
The proposed omission of a previously permitted creche facility would contravene a specific planning condition and conflict with County Development Plan policies requiring the provision of essential childcare infrastructure in residential developments.
Decision Maker's Conclusion
- The proposal would materially contravene Condition 2 of planning permission 21/1740, which specifically mandated the provision of a childcare facility to serve the residential community.
- The omission of the creche is contrary to Section 15.5.2 and Objective SC O77 of the Kildare County Development Plan 2023-2029, which state that the removal of previously permitted childcare facilities will not generally be considered favorably.
- Granting permission would set an undesirable precedent for the erosion of social infrastructure and would undermine the integrity and sustainability of the emerging residential neighborhood at The Orchard.