Appeal on proposed Kildare housing development fails
The Kilcullen site
A DECISION by Kildare County Council to refuse planning permission for 74 homes adjacent to Riverside Crescent has been upheld by An Coimisiún Pleanála (ACP). The application and appeal had been lodged by Rivermanor Developments Limited.
The reasons for the council's refusal related to the proposed use of underground attenuation tanks for drainage, street design, and the removal of existing hedgerows and trees. The ACP decision upheld the first of those.
The commission stated that it was not satisfied that the proposed development would comply with objectives of the Kildare County Development Plan and the Kilcullen Settlement Plan, which state that underground tanks and storage systems will not be accepted under public open space as part of a Sustainable Drainage Systems (SuDS) solution. The proposed development would, therefore, be contrary to proper planning and sustainable development of the area. In this, the ACP agreed with its inspector's opinion that the council's refusal should be upheld.
In a detailed report, the ACP Inspector suggested that the issue could be resolved by redesigning the proposed development to provide a larger area of public open space, achieved by removing some dwellings and replacing them with open space.
The inspector performed a detailed review of the objectives the planning authority claimed were "materially contravened" and concluded in almost every instance that no material contravention would occur.
The reasons given by Kildare County Council for the refusal regarding street design and the removal of hedgerows and trees were also declared unwarranted. He disagreed with the planning authority’s assessment of poor urban design, stating the proposal demonstrates a clear street hierarchy and reasonable levels of permeability. The Inspector also agreed with the applicant that the site was of low ecological value and had been cleared multiple times in the past. He concluded the proposed landscaping, which will include 120 new trees, would actually result in a net biodiversity gain.
His assessment also addressed potential flooding concerns, boundary treatment, and the potential impact on European Sites.
The original application had been refused by Kildare planners on 17 November 2025.
