Core Refusal Reason
The Inspector recommended granting permission (overturning the Planning Authority's refusal), concluding that the visual impact is moderate and acceptable within the urban context, the site is appropriately zoned for such infrastructure, and the proposal provides essential telecommunications coverage in line with national and local policy.
Decision Maker's Conclusion
- The appeal site is zoned 'LC' (Local Centre) in the Fingal County Development Plan 2023-2029, where telecommunications structures are permitted in principle and the site lacks sensitive architectural or heritage designations.
- The visual impact of the antennas and dishes, while visible, is deemed moderate and compatible with the 4-storey commercial character of the shopping centre, with equipment finishes designed to match the existing roofline.
- The proposal represents a necessary clustering of infrastructure on a single rooftop to meet technical requirements for 4G and 5G coverage, which constitutes an essential public service that outweighs limited visual dis-benefits.
Cited Policies (CDP)
Local Objective 111 (2017-2023 Plan)Objective IT07Objective IT08Objective DMS 143LC - Local Centre ZoningChapter 11 (Infrastructure and Utilities)Section 11.8Section 11.8.4Policy IUP36Objective IUO53Objective IUO54Objective DMSO17Objective DMSO18Section 14.20.9Objective DMSO222Objective DMSO223Objective DMSO224
Decision Document Summary
The proposal involves the installation of three pairs of 3m high telecommunications antennas, a 0.6m diameter dish, and a control cabinet on the rooftop of the 4-storey Bayside Shopping Centre in Sutton, Dublin 13. The site is situated within a predominantly 2-storey residential area. Fingal County Council initially refused permission, citing visual proliferation and a negative impact on residential amenities under the previous Development Plan's Local Objective 111. However, the Inspector noted...SOURCE PDFOpen Original
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