Core Refusal Reason
The development is located on lands zoned for 'Industry and Warehousing' where residential use is not permitted, and it constitutes a substandard form of residential development due to inadequate floor area and a total lack of private open space.
Decision Maker's Conclusion
- The retention of a residential dwelling on lands zoned 'H' - Industry and Warehousing would materially contravene the zoning objective of the Leixlip Local Area Plan 2020-2026 and set an undesirable precedent for similar non-conforming developments.
- The apartment provides a substandard level of residential amenity as it fails to provide the required 7sqm of private amenity open space for a two-bedroom/four-person unit.
- The internal floor area of the apartment (68.5sqm excluding stairs) falls below the mandatory minimum standard of 73sqm required by the Sustainable Urban Housing Design Standards for New Apartments (2023).
Cited Policies (CDP)
Chapter 3 HousingChapter 15 Development StandardsLeixlip Local Area Plan 2020-2026Sustainable Urban Housing Design Standards for New Apartments Guidelines for Planning Authorities (2023)
Decision Document Summary
The applicant sought retention permission for a 71.7sqm first-floor two-bedroom apartment located at Mill Lane, Leixlip, Co. Kildare. The subject site is situated within an area zoned 'H' - Industry and Warehousing, where residential use is strictly not permitted. Kildare County Council refused the application on two primary grounds: first, that the residential use contravenes the statutory zoning objectives for the area; and second, that the unit represents a substandard form of development due...SOURCE PDFOpen Original
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