Core Refusal Reason
The Planning Authority initially refused permission citing prematurity regarding the N3 Upgrade Scheme and the site's identification as a preferred location for a road drainage attenuation basin; however, the Inspector recommended granting permission, finding that sterilising zoned residential land for a potential infrastructure project without a formal application or timeframe was unreasonable, especially as alternative SuDS locations exist.
Decision Maker's Conclusion
- The proposed development represents an efficient and sustainable use of serviced, residentially zoned land (RS) in accordance with national policies for compact growth and housing delivery.
- The refusal on the grounds of prematurity relating to the N3 road upgrade is unjustified given the lack of a definitive design or planning application for the road scheme and the availability of alternative sites for drainage infrastructure.
- The applicant successfully demonstrated that the proposal can be delivered without increasing flood risk, and revised designs submitted at the appeal stage effectively mitigated concerns regarding overlooking and residential amenity.
Cited Policies (CDP)
Objective MT41Objective CMO39bPolicy CSP14Policy CSP15Policy CSP18Objective DMSO25Objective DMSO23Objective DMSO50Objective DMSO51Objective DMSO53Objective DMSO68Objective SW02Objective SW07
Decision Document Summary
This report pertains to an appeal for the construction of 99 Build-to-Rent (BTR) apartments and a creche at Lands at Canterbury Gate, Mulhuddart, Dublin 15. The site is a linear, infill plot located between the N3 national road and the Old Navan Road. While Fingal County Council refused the application because the site might be needed for a drainage basin for the future N3 Upgrade scheme, the Inspector argues that the 'RS' (Residential) zoning takes precedence and that the infrastructure project...SOURCE PDFOpen Original
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