Core Refusal Reason
The proposed development would be located on a site that forms part of a designated green/open space area from a previously executed planning permission (Ref. 01/1391). Development on this land would be contrary to Objective 6.18 and Section ZO 1.7 of the Cork City Development Plan 2022-2028, which protects public amenity areas within residential estates.
Decision Maker's Conclusion
- The site represents the only available green space within the Maryborough Downs estate that could be used for amenity purposes, regardless of its current state of maintenance.
- The loss of this designated open space is not counterbalanced by the provision of just one additional dwelling and would contravene specific development plan objectives intended to protect such areas.
- Previous planning history, specifically the refusal of permission under ABP Ref. PL04.220735 for a similar proposal on this site, establishes a clear precedent that the land should remain free of development.
Cited Policies (CDP)
Objective 6.18Section ZO 1.7Objective 6.18bSection 12.11ZO 01Section 12.24Section 11.139Section 11.66Objective 3.9
Decision Document Summary
This Inspector's Report assesses a first-party appeal against the refusal of planning permission for a 304 sq. m, four-bedroom split-level dwelling at Springfields, Maryborough Downs, Douglas, Co. Cork. The site is an area of 0.0977ha currently serving as open space within an established residential development. While the applicant contended that the land is private, unusable, and that the 2022-2028 City Development Plan was only in draft form at the time of application, the Inspector determined...SOURCE PDFOpen Original
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