Core Refusal Reason
The proposed motor sales development materially contravenes the 'Open Space and Amenity' zoning objective of the site, where such use is explicitly 'not permitted' under the local area plan.
Decision Maker's Conclusion
- The development would materially contravene the 'Open Space and Amenity' zoning objective for the area, setting an undesirable precedent and militating against the preservation of land for recreational purposes.
- The applicant failed to provide a site-specific flood risk assessment for a site identified as being at risk of flooding, which is considered prejudicial to public health.
- In the absence of a Natura Impact Statement, the planning authority cannot rule out adverse effects on the integrity of the River Barrow/Nore SAC due to the site's proximity to a connecting watercourse.
Cited Policies (CDP)
Castledermot Small Town Plan 2023-2029Objective F – Open Space and AmenityTable 2.4 of Volume 2 of the Kildare County Development Plan 2023-2029Chapter 15 of the Kildare County Development Plan 2023-2029
Decision Document Summary
Gareth Murphy proposed the development of a motor sales building and external car sales parking area on a 0.15ha triangular site at Maganey Road, Woodlands East, Castledermot. The site is currently agricultural land situated near the Castledermot GAA Club and the Garterfarm watercourse. Kildare County Council refused permission because the proposal is fundamentally incompatible with the 'Open Space and Amenity' zoning, lacks a mandatory flood risk assessment for a flood-prone location, and faile...SOURCE PDFOpen Original
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