2560018

To construct 2 no. part single-storey and part 2-storey semi-detached houses (replacing the as-granted creche Reg. Ref. No.05/270, 05/912, 17/222) at this site, with site area of c. 0.09 ha with associated vehicular parking, boundary treatments, hard and soft landscaping, private open space, services, and all other associated site development works above and below ground level. Vehicular and pedestrian access to each dwelling will be via an individual entrance from the Clonroosk Abbey internal road and footpath network currently being completed under Permitted Development Laois County Council Planning Reg. Ref. No. 05/912.

Refused

Core Refusal Reason

The proposed replacement of a previously permitted childcare facility with residential units materially contravenes existing planning conditions and lacks sufficient evidence-based justification, violating both national childcare guidelines and local development plan policies.

Decision Maker's Conclusion

  • The development would materially contravene Condition 23 of planning refs 05/270 and 05/912, which mandated the construction of a creche during the first phase of the estate's development.
  • The applicant failed to provide robust documentary evidence or a site-specific justification to demonstrate that existing childcare facilities in the town have sufficient excess capacity to render the permitted creche unnecessary.
  • The omission of the childcare facility is contrary to the Childcare Guidelines for Planning Authorities 2001 and Policies CCPO 1 and CCPO 2 of the Laois County Development Plan 2021-2027.

Cited Policies (CDP)

Section 5.3.2Policy CCPO 1Policy CCPO 2Policy DM HS 09Policy DM HS 06

Decision Document Summary

This application by Kingscroft Developments Limited proposed the construction of two semi-detached dwellings on a 0.09ha site at Clonroosk Abbey, Portlaoise, specifically to replace a childcare facility previously granted under multiple planning references. While the residential use is acceptable in principle under the 'Existing Residential' zoning, the Planning Authority refused permission because the developer failed to fulfill a long-standing condition to provide a creche. The refusal is grou...
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