Core Refusal Reason
The Planning Authority refused permission on the grounds that the development was premature pending the adoption of the Rathmichael Local Area Plan (LAP), as it exceeded the 'minor modifications and extensions' permissible under Section 2.6.1.3 of the County Development Plan prior to the LAP's completion.
Decision Maker's Conclusion
- The proposed contemporary dwelling is compliant with the Development Plan standards regarding design, internal room sizes, separation distances, and private open space.
- The refusal based on prematurity is considered unreasonable as the 0.13ha site is only suitable for low-density residential use, a status unlikely to be altered by any future Local Area Plan.
- Given the Planning Authority's history of delays in adopting Local Area Plans, it is unfair to delay the construction of a single family home until the 2028 target date for the Rathmichael LAP.
Cited Policies (CDP)
Zoning Objective A1Section 2.6.1.3 (LAP Plan-Making Programme)Section 2.4 (Core Strategy)Policy Objective CS10 (Local Area Plans)Section 12.3.7.7 (Infill)Policy Objective PHP19 (Existing Housing Stock)Section 12.8.3.3 (Private Open Space)
Decision Document Summary
The application seeks permission for a part single/part two-storey, 148m² contemporary four-bedroom house on a 0.13ha infill site at Lordello Road, Shankill. The site is located to the front of an existing dwelling, 'Clova', in a semi-rural residential area. While the Planning Authority refused the proposal because it sits within the future Rathmichael LAP area—where only minor modifications are currently allowed—the Inspector argues that the development is acceptable in principle. He notes that...SOURCE PDFOpen Original
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