211578

for the construction of a single storey dwelling, foul water to on site effluent treatment system and percolation area, surface water to soakaways, shared double recessed vehicular entrance (which will replace the existing recessed entrance for adjacent dwelling) and all associated site works

Refused

Core Refusal Reason

The proposed development would create a new access onto a Regional Road (R-415) where an 80km/h speed limit applies, which would compromise road safety and contravene specific County Development Plan policies regarding traffic hazard and the preservation of regional road capacity.

Decision Maker's Conclusion

  • The applicant successfully demonstrated compliance with the Local Need Criteria as set out in the Kildare County Development Plan 2017-2023.
  • The design and siting of the proposed single-storey dwelling were considered acceptable and unlikely to cause unreasonable impacts on neighboring amenities.
  • The proposal was refused because the creation of a new access onto the R-415 regional road would interfere with the safety and free-flowing nature of traffic, leading to a proliferation of accesses and setting an undesirable precedent.

Cited Policies (CDP)

Policy RR2Policy RH 2Policy RH 3Policy RH 4Policy RH 9Policy RH 10Policy RH 11Policy RH 12Policy RH 14Policy RH 15Policy RH 17Policy RH 24Policy RH 25

Decision Document Summary

Niamh Conway applied for permission to construct a single-storey rural dwelling and wastewater treatment system at Gorteen Lower, Nurney, Co. Kildare, featuring a shared recessed vehicular entrance onto the R-415. Although the Planning Authority accepted the applicant's local housing need and the architectural design, the application was refused due to significant road safety concerns. The development was found to be in direct conflict with Policy RR2 of the Kildare County Development Plan 2017-...
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