Appeal lodged by resident for retention wall built without planning permission

A Kilnamanagh resident has lodged a planning appeal after she was refused retention for a boundary wall built without planning permission.

South Dublin County Council refused retention permission in November to Noeleen Harte for the wall erected without permission around a vacant plot of land adjoining 21 Elmcastle Court in Kilnamanagh.

The wall, a “modest 1.3 m in height” with a 1.57m wide pedestrian entrance, was erected by Ms Harte after she acquired the 849 sqm site in 2023.

She had previously unsuccessfully applied for permission to build two four-bedroom detached houses on the lands, to provide housing for her children, in 2024.

SDCC’s planning department said they were refusing permission for retention of the wall as it would set “an undesirable precedent for other similar developments, which would in themselves and cumulatively, be harmful to the open space and recreational amenities of the area.”

They stated that the site is zoned Objective OS – to preserve and provide for open space and recreational amenities under the County Development Plan 2022-28 – and that it provides a “strong local green infrastructure link with the existing hedgerow and trees on site”.

The appeal lodged with An Coimisiún Pleanála on December 17 stated that this “green infrastructure concern is unfounded” and that the wall has “no impact on existing trees or hedgerows, and permeability is maintained through the retained openings”.

“The wall does not conflict with the ‘OS’ zoning objective,” the appeal, compiled by Armstrong Planning Ltd read.

“The land remains open space, with pedestrian openings retained to both Treepark Road and Elmcastle Court, no change of use has occurred or is proposed.”

They also noted that boundary walls around open space are “commonplace” and highlighted “adjoining ‘OS’ zoned lands to the east (associated with St Kevin’s Knights Basketball Club and Kilnamanagh AFC)” that are bounded by similar block walls.

“The wall follows established precedent rather than creating a new one,” they said.

“Refusal of permission to demarcate private land conflicts with our client’s legitimate responsibilities as landowner to manage her property and clarify liability to third-party users,” appeal continued.

It said that Ms Harte is “willing to accept conditions requiring the widening of the pedestrian access and appropriate finishing of the wall”, and called on An Coimisiún Pleanála to overturn the council’s decision and grant permission for retention of the wall.