Decision to refuse permission is upheld
AN BORD Pleanála has upheld South Dublin County Council’s decision to refuse planning permission for the construction of a dwelling in Rathcoole.
The subject site is at the rear of the former Copper Kettle Café premises on Main Street in Rathcoole.
Applicant Garocal Limited submitted a planning application for the construction of a two-storey, two-bed dwelling to South Dublin County Council in January 2021.
The property was to be serviced by a private amenity space to the rear and one on-curtilage vehicular parking space accessible via Barrack Court.
Provision of two replacement vehicular parking spaces for use by residents of Barrack Court was included.
The application attracted two third-party objections, where issues raised included the potential impact on car parking in Barrack Court, the scale of the scheme, and potential overshadowing.
On January 26, 2023, South Dublin County Council refused planning permission for the dwelling because of issues related to vehicular access, traffic, and pedestrian safety.
“The applicant has not sufficiently demonstrated legal interest or appropriate consent to utilise the indicated right of way through Barrack Court,” stated the council in its decision.
“[The applicant] has failed to demonstrate the successful deliverability of the revised car parking arrangement for the existing and proposed residential units without compromising the comfort and safety of pedestrians, cyclists and residents within Barrack Court.
“The proposed development would, therefore, be contrary to the proper planning and development of the area.”
However, Garcoal Limited lodged an appeal against this decision last February, arguing that the proposed development is in accordance with proper planning and development in the area.
The appellant stated that their proposal was “acceptable and compliant with” zoning policies and objectives and noted that the design and scale of the property had been informed by the character of adjoining properties.
They added that the dwelling would “harmonise with the existing built-form of the area” due to the selected finishes for the property and would provide a “high level of residential amenity”.
On January 3, An Bord Pleanála ruled that it would uphold the council’s decision to refuse permission for the dwelling.
The appeals board stated that the appellant had not “demonstrated sufficient legal interest” to carry out the proposed works to the layout of Barrack Court.
It further added that the development would “endanger public safety by reason of traffic hazard” as the relocated parking spaces would “necessitate excessive reversing”.
