Core Refusal Reason
The proposed development was refused as it would be visually incongruous with the established urban form, result in the loss of significant mature trees without adequate replacement, and prejudice the delivery of the Swords to Malahide Cycle Route infrastructure.
Decision Maker's Conclusion
- The dwelling would sit prominently forward of the existing building line, creating an overbearing structure that is inconsistent with the layout and plot widths of the Oakleigh Court development.
- The removal of 31.5m of mature boundary trees would create a substantial gap in a character-defining tree-lined section of the Dublin Road, with insufficient evidence that replacement planting is feasible or effective.
- The proposal is considered premature as it would pose a significant constraint to the delivery of potential future cycling and pedestrian improvements along the R106, failing to provide the necessary setbacks required by the NTA and the Planning Authority.
Cited Policies (CDP)
Objective SPQHO40Objective SPQHO42Objective DMSO31Objective DMSO125Policy GINHP21Objective GINHO23Objective GINHO46Objective DMSO116Objective CMO6Objective CMO13Policy CMP1Policy CMP7Policy SPQHP35Objective DAO11Table 14.3Table 14.4
Decision Document Summary
The applicant, Gavin Brazel, sought permission for a new detached 3-bedroom, 2-storey dwelling at 1 Oakleigh Court, Malahide, involving the demolition of an existing side extension. The site is a corner plot on the R106 Dublin Road, characterized by high-density mature trees that screen the development from Malahide Castle Demesne. Fingal County Council initially refused permission based on road infrastructure constraints and tree removal. The Inspector concurred, arguing that while national pol...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.