Core Planning Reasoning
Condition 3b is considered ultra vires and unenforceable as it requires the provision of an alternative public access route that is not connected to or necessitated by the development for which retention permission is sought.
Decision Maker's Conclusion
- Condition 3b is not for the purposes of or connected with the development for which retention permission is sought, as required by Section 34 of the Act.
- The requirement for an additional route contravenes the 2007 Development Management Guidelines which dictate that conditions must be relevant to the permitted development.
- The Planning Authority's attempt to use a planning condition to resolve off-site access impediments rather than via standard enforcement or the development plan process is neither lawful nor justified.
Cited Policies (CDP)
Objective G (Protect and improve high amenity areas)Policy Objective E21 (Support for the horse industry)Policy Objective GIB14 (Public rights-of-way)Appendix 11, Paragraph 11.1 (Retention of established PROWs)Zoning Map 13
Decision Document Summary
This report concerns a first-party appeal under Section 139 against Condition 3b of a grant of retention permission for an equine breeding and training facility in Kiltiernan, Dublin 18. The development includes a 5,365sqm stable building, a 1,283.7sqm dungstead, and realigned gallops. The Planning Authority (DLRCC) granted permission but included Condition 3b, which required the applicant to provide an alternative publicly accessible route across their land to bypass an obstruction on an existi...SOURCE PDFOpen Original
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