An Bord Pleanála rejects appeal over Old Bawn green space house

An appeal against the decision to refuse permission to build a controversial new home on a green space in Old Bawn has been refused, four months on from when it was lodged. 

Kenny Estates’ proposal to construct 20A Old Bawn Way on a parcel of land on a green space in the local estate in Tallaght was refused initially by the council and then that refusal was upheld by An Comisiún Pleanála, with the location’s open space zoning maintained. 

The original planning application led to uproar from locals within the area, who argued that the green space was vital and necessary for the enjoyment and mental wellbeing of existing residents. 

The proposal to deliver the single-storey home meant that 0.192 hectares of green space would have become part of the dwelling, with the home approximately 52 sqm in size and private space. 

The space is surrounded by housing and one local resident reacted to the news of the appeal’s refusal. 

The resident underlined the worries that locals had at the prospect of the housing being granted permission: “I think it was very important because had that had they won the appeal, it would have been the start of taking away all our green space.” 

The proposed home was described as a “dual aspect home for social housing/older persons which aims to create a ‘sense of place’ and to allow the residents to ‘live and age in place’ on a mature site in a settled community”, according to the architectural design statement prepared by Cantrell and Crowley Architects, on behalf of the applicant. 

The site was granted a certificate of exemption, under Section 97 of the Planning and Development Act 2000 – a certificate that is understood to have to precede an application – and enables exemptions from provisions set out in Section 96 of the same act. 

This means that the proposal, were it given the green light, would have no obligations to provide social and affordable housing on the site. 

The council had refused permission for the development as it did not feel that it would help to preserve the quality of remaining public open space in the estate. 

The national planning appeals commission pointed to the South Dublin County Development Plan 2022-2028 when outlining its appeal decision. 

Policy H3 Objective 4 notes that community-led housing for older people must be permitted on lands zoned OS “only where the quality and quantum of remaining public open space is deemed to be adequate.” 

An Comisiún Pleanála stated: “The application and appeal have not demonstrated that the development would constitute community-led housing for older persons, social housing or Council affordable housing within the terms of Policy H3 Objective 4.” 

Councillor Niamh Whelan welcomed the decision from the national planning authority and called on the council to work to protect local green spaces. 

Cllr Whelan said: “The right decision was made and it’s really important now that South Dublin County Council step in and protect these green spaces. 

“They’ve been maintaining them for as long as they’re there. They’re all theirs, but in name. So, I think action needs to be taken on that.”