2560657

for the proposed erection of 2 no. 3-bedroom dwelling houses, to include provision of a raised table pedestrian crossing, boundary walls, soft & hard landscaping, connection to privately owned infrastructure including mains water, wastewater, and stormwater systems, along with all associated and ancillary site works and services to facilitate the development

Refused

Core Refusal Reason

The proposed development would materially contravene a condition of the parent permission (16/689) requiring the site to be retained as public open space and would result in an undue overbearing impact on neighboring properties.

Decision Maker's Conclusion

  • The development would materially contravene Condition No. 4 of planning reference 16/689, which stipulates that the subject lands be developed for and devoted to public use and kept free of any development.
  • The reduction of public open space to 6.6% for the entire residential development would seriously injure the residential amenities of existing and proposed residents and fails to meet the minimum standards required by the County Development Plan.
  • The proposed dwellings, by reason of their siting and proximity to the shared boundary, would result in a significant negative overbearing impact on the existing dwellings to the south.

Cited Policies (CDP)

Chapter 3Chapter 15Section 15.6.6Policy and Objective 5.1

Decision Document Summary

Scotpark Limited sought permission for the erection of two 3-bedroom semi-detached houses on a 0.045 ha site at Millstream Court, Kilcullenbridge, Co. Kildare. The application site is located on lands previously designated as public open space under a parent permission (Ref. 16/869). Kildare County Council refused the application primarily because it would materially contravene a condition of that previous grant requiring the land to be kept free of development for public use. Additionally, the ...
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