22768
a) the retention of boundary treatments as constructed along Donarea Avenue together with associated open space; b) permission for the revised alignment of public open space for the scheme granted under Planning reg ref 09/1178 (PL27.236636) to provide for the same quantum of open space; c) associated boundary treatments and site works
Refused
Core Refusal Reason
The proposal seeks to retain boundary treatments and realign public open space on land previously dedicated as communal amenity space, without resident consent, leading to the loss of protected trees and injury to the visual and residential amenities of the estate.
Decision Maker's Conclusion
- The applicant failed to demonstrate sufficient legal consent from the residents of Donarea Avenue estate to alter the layout and planting of the dedicated public open space.
- The retention of unauthorized boundary treatments and the loss of mature trees and hedgerows would seriously injure the visual amenities and character of the area.
- The development would undermine the provisions of the parent permission (PL27.236636) and set an undesirable precedent for haphazard encroachment into communal open space.
Cited Policies (CDP)
HD2HD3HD9HD10CD29NH12NH16NH17
Decision Document Summary
This application relates to Donarea Lodge and Open Space in Kilcoole, seeking retention for boundary treatments and permission to realign public open space previously granted under Ref 09/1178. The site is located within the settlement boundary of Kilcoole on lands zoned for existing residential use. The application was refused because it involves the unauthorized subdivision and loss of communal open space and protected trees, lacks the necessary consent from estate residents, and would negativ...SOURCE PDFOpen Original
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