F22A/0467

Apply for retention planning permission for a development to the south

Refused

Core Refusal Reason

The development was refused due to the obstruction of a public footpath creating a traffic hazard, the blockage of essential traffic sightlines, its prematurity pending a major road scheme (East-West link road), and its haphazard, visually incongruous design.

Decision Maker's Conclusion

  • The structure acts as a physical barrier to pedestrian movement, forcing vulnerable road users into the carriageway and creating a significant traffic hazard by obstructing sightlines from the car park.
  • The development is premature pending the final determination and design of the East-West link road (EWLR) junction with Malahide Road.
  • The haphazard design and inappropriate finishes lack architectural merit and are seriously injurious to the visual amenities of this prominent emerging residential area.

Cited Policies (CDP)

Objective DMS131 (Fingal Development Plan 2017-2023)RS Zoning ObjectiveSection 2.7.2 (Role of Each Settlement)Section 6.5.6.5 (Accessibility and Universal Design)Section 6.5.6.6 (Permeability)Section 7.5.1 (Employment and Economic Development)Section 13.3 (Non-Conforming Uses)Section 14.4.5 (Shopfront Design)Section 14.17.5 (Road Network and Access)Section 14.17.7 (Car Parking)Section 14.20.17 (Noise)Objective CMO19 (Pedestrian and cycle network)Objective CMP14 (DMURS implementation)Objective EEO11Objective EEO33Objective ZO3Objective DMSO9Objective DMSO116Objective DMSO119

Decision Document Summary

This report concerns an application for the retention of an 83.5 sq.m lean-to structure used as a beer garden and smoking area attached to The Balgriffin Inn, Malahide Road. The site is located in a transitionary area characterized by new residential developments and is zoned 'RS' (Residential). The Inspector found that the structure effectively privatizes a former public footpath, significantly hindering accessibility for disabled users and children. Furthermore, the Inspector argued that the d...
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