Core Refusal Reason
The proposed development would result in a large residential scheme lacking essential childcare facilities, which is contrary to development plan policies and would negatively impact the residential amenity of both the development and the surrounding area.
Decision Maker's Conclusion
- The applicant failed to sufficiently demonstrate a lack of local demographic or geographical need for the childcare facility, with the submitted demand assessment found to be based on outdated or problematic data sets.
- The existing childcare capacity in the 1.5km study area is nearly full (96% occupancy), indicating that the local market cannot absorb the additional demand that the Fernbank development generates.
- The claim of commercial unviability was not supported by a sufficiently robust marketing campaign or evidence that the unit's size precludes a viable childcare operation, especially when compared to other active smaller facilities in the area.
Cited Policies (CDP)
Section 4.2.1.5Policy objective PHP6Section 12.3.2.4Policy PHP19Policy PHP27Policy CA4Policy CA6Section 12.3.3.1Section 12.3.3.2Section 12.3.4.2Section 12.3.5Section 12.4.5.1Section 12.4.6Section 12.8.3Section 12.8.3.1Policy T19
Decision Document Summary
This report concerns a first-party appeal against Dún Laoghaire-Rathdown County Council's decision to refuse permission for the change of use of a vacant 208sqm crèche to 3 no. 1-bedroom apartments at the Fernbank development in Churchtown, Dublin 14. The site, which includes the protected Fernbank House, consists of 266 residential units. The applicant argued that the crèche is unviable due to its size and a lack of local demand. However, the Inspector noted significant opposition from the DLR ...SOURCE PDFOpen Original
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