Core Refusal Reason
The application was refused due to the history of speculative site sales on the landholding, the excessive scale of the proposed garage, and the unacceptable loss of mature native hedgerow required to achieve vehicular sightlines.
Decision Maker's Conclusion
- The development contravenes Objective HO O44 as the landholding has a history of speculative sales to unrelated third parties, and permitting the dwelling would set an undesirable precedent.
- The proposed domestic garage is excessive in scale (c. 48sqm) and does not accord with the 40sqm maximum floor area requirement set out in Section 15.4.13 of the Development Plan.
- The proposal would result in the loss of approximately 40m of mature native hedgerow to facilitate sightlines, representing an unacceptable loss of biodiversity and erosion of rural character contrary to Objective HO O51.
Cited Policies (CDP)
Objective HO O44Section 15.4.13Objective HO O51Policy BI O26Policy HOP11Policy HOP12Policy HOP13Policy HOP14Policy HOP26Policy HOP27Policy HOP30Objective HOO50Objective HOO52Objective HOO59
Decision Document Summary
The applicant, Eoghan McCartan, sought permission for a rural dwelling, domestic garage, and wastewater treatment system on a 0.248ha greenfield site at Smithstown, Maynooth, Co. Kildare. While the applicant demonstrated local need, Kildare County Council refused the proposal on three main grounds. Firstly, the landholding had already been subject to multiple speculative sales to unrelated third parties, violating Objective HO O44. Secondly, the proposed garage exceeded the maximum floor area st...SOURCE PDFOpen Original
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