Core Planning Reasoning
The proposed development materially contravenes the 'OS - Open Space' zoning objective of the Fingal County Development Plan 2023-2029, which seeks to preserve and provide for open space and recreational amenities and does not permit childcare facilities.
Decision Maker's Conclusion
- The subject site is explicitly zoned as Open Space in the current Fingal County Development Plan 2023-2029, making the proposed childcare facility a material contravention of the plan.
- The Board is precluded from granting planning permission because the proposal does not meet any of the exceptional criteria set out in Section 37(2)(b) of the Planning and Development Act, 2000 (as amended).
- Despite the design, layout, and residential amenity impacts being considered generally acceptable by the Inspector, the statutory zoning restriction necessitates a recommendation for refusal.
Cited Policies (CDP)
Zoning Objective OS - Open SpacePolicy CIOSP10 - Childcare FacilitiesObjective DMSO79 - Applications for Childcare FacilitiesPolicy CSP34 - Consolidate Growth of Self-Sustaining TownsPolicy CSP35 - MalahidePolicy CSP36 - Focus Growth Within and Contiguous to CoreObjective CIOSO27 - Optimum Childcare LocationsObjective CIOSO28 - Childcare Facilities and New DevelopmentPolicy DA07 - Noise Insulation
Decision Document Summary
The application seeks permission for a 2-storey childcare facility (c. 412sqm) with a capacity for 76 children and 13 staff, located on a 0.1257 ha site at Clairville Lodge, Malahide. The site context is a residential area in transition from rural to suburban, currently serving as public open space. While a creche was previously permitted on this site under a 'parent' permission (Reg. Ref. F14A/0483), it was never constructed. The Inspector's key argument centers on the fact that the recently ad...SOURCE PDFOpen Original
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