Core Planning Reasoning
The proposed development would exacerbate excessive residential density in a rural area already under strong urban influence and failed to provide up-to-date site-specific drainage assessments in accordance with current EPA standards.
Decision Maker's Conclusion
- The development exceeds the rural housing density limit of 30 units per square kilometre set out in Objective HO O59, contributing to the suburbanisation and erosion of the rural character of the area.
- While the applicant demonstrated a 'social need' based on local residency, they failed to establish a significant 'economic need' tied to agricultural activity that would justify a dwelling at this specific location.
- The reliance on wastewater site tests from 2018 is insufficient as they do not comply with the updated EPA 2021 Code of Practice, posing a potential risk to public health and groundwater quality.
Cited Policies (CDP)
Policy HO P11Table 3.4Policy HO P12Policy HO P13Section 3.14Policy HO P26Objective HO P27Objective HO O43Objective HO O44Objective HO O45Objective HO O46Objective HO O51Objective HO O52Objective HO O53Objective HO O59Objective LR O4Objective TM O102Objective BI O26Objective IN 018
Decision Document Summary
This report evaluates a first-party appeal by Declan Flaherty following Kildare County Council's refusal of permission for a bungalow, garage, and effluent treatment system at Derryvarrogue, Donadea. The 0.975-hectare site is located in an area under 'Strong Urban Influence' where there is a notable proliferation of one-off housing. The Inspector found that the local residential density (39 units per sq. km) already significantly exceeds the Development Plan limit of 30 units, meaning the propos...SOURCE PDFOpen Original
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