2460776

for the construction of 42 no. residential units in the form of 8 no. (Type B) 2-bedroom mid terrace houses (2 storeys), 22 no. (Types C1 and C2) 3-bedroom semi-detached houses (2 storeys) and 12 no. (Type D) 4-bedroom semi-detached houses (3 storeys) all with associated private amenity garden areas; approx. 2,376 sqm of public open space and approx. 737 sq m of communal open space; the provision of 81 no. car parking spaces (80 no. standard spaces and 1 no. accessible space) and 12 no. secure visitor bicycle parking spaces; 1 no. new vehicular access / egress point via the Curragh Road; 2 no. ESB substation kiosks; diversion of 38kv ESB overhead lines underground and the erection of 1 no. new mast (approx.12m); site development and infrastructural works providing for water, foul and surface water drainage and all associated connections; all landscaping and boundary treatment works; public lighting; PV/solar panels; internal roads and footpaths; and all associated site clearance, excavation and site development works on this site of approx. 1.69 ha. The site is generally bounded by the Curragh Road to the north, agricultural lands to the south and west and existing residential development to the east. Revised by Significant Further Information which consists of: (a) an increase in site area to 3.36 ha to accommodate an indicative layout of pitches/open space; (b) the reduction of residential units to 40 no. units; (c) modifications to proposed unit mix; (d) the reduction in public open space to 2,233 sqm and communal amenity space to 637 sqm; (e) the reduction in car parking to 77 no. spaces; (f) and all associated landscaping, services and ancillary works

Refused

Core Refusal Reason

The proposed development was refused due to a substandard layout that fails to provide adequate passive surveillance, negatively impacts the residential amenity of neighboring properties, and involves the unacceptable removal of mature native hedgerows and non-compliant drainage systems.

Decision Maker's Conclusion

  • The proposed layout is considered substandard as it fails to provide sufficient passive surveillance of public open spaces and would result in significant overlooking and overbearing impacts on the private amenity of existing adjacent residences.
  • The development involves the excessive removal of approximately 300m of mature native hedgerows, which contravenes County Development Plan objectives regarding the retention of natural boundaries and the provision of soft boundary treatments.
  • The proposed surface water management strategy, which utilizes underground storage tanks within public open spaces, is contrary to the council's SuDS policy that prioritizes nature-based, above-ground solutions such as detention basins.

Cited Policies (CDP)

HO O15HO O18HO P7Section 15.4.5Table 15.2Section 15.2.3Section 5.3.2Section 5.3.3Policy and Objective 5.1BI O26BI O27BI O28Section 15.2.4SC O16Section 15.5.1Section 15.6.6

Decision Document Summary

The proposal sought permission for the construction of 42 residential units, comprising a mix of 2, 3, and 4-bedroom houses, on a 1.69-hectare site at Curragh Road, Athgarvan, Co. Kildare. The site is located on the edge of the village and is bounded by agricultural lands and existing residential estates. The application was refused primarily because the layout was deemed to have insufficient regard for the privacy of neighboring homes and failed to meet design standards for passive surveillance...
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