COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SPECIAL MEETING OF COUNTY COUNCIL
Friday, June 19, 2026
MOTION NO.
MOTION: Councillor M. Duff with Councillor A. Edge
That this Council considers the submission for Tier 1 recognition for Sustained Infill Lands adjacent to 21 Elmcastle Court, Kilnamanagh, Dublin 24, Folio number DN256256F and to consider the rezoning from OS to Res in this Variation 2 process, as the lands are currently zoned objective OS
Reason: To preserve and provide for open space and recreational amenities in the current Development Plan 2022-28. These lands are not a public amenity, are in private ownership and as per the parent permission was always intended to be residential with a detached house on the site adjacent to 21 Elmcastle Court.
CE Response:
This motion is in relation to the designation of lands adjacent (north/northeast of site) to 21 Elmcastle Court, Kilnamanagh and consider rezoning from OS to RES as part of Variation No. 2 of the South Dublin County Development Plan (CDP) 2022-2028. The land parcel in question is c. 0.09ha.
Planning History Overview (to the extent known):
- A house was indicated on plans from a Grant of Planning Permission with Conditions in 1972 from Dublin County Council.
Original Application (1972)
Proposal: 150 Houses and sites for shopping centre, public houses, church, primary school, community buildings and filling stations.
Decision: Grant Permission subject to Conditions 31/8/1972
Decision Number: P/2209/72
- This permission was appealed and the Grant of same was upheld by An Board Pleanála (ABP) with conditions in 1973.
Appeal of Original Application (1973)
Ref: P.C. 13449/11940
Appeal date: 5/3/73
Appeal Decision: Grant Permission Subject to Conditions (conditions not relevant to site in questions)
- Lands are shown as zoned residential in 1983 Dublin County Development Plan.
- Lands were rezoned OS in 1998 South Dublin County Development Plan (SDCC CDP Mapping) and have remained zoned OS since then.
- The lands are not currently maintained by SDCC. This has been confirmed by SDCC Public Realm.
- Application for Planning Permission in 2023 (SD23A/0222), this was subsequently refused by the SDCC and An Coimisiún Pleanála (ACP) on the basis of the OS zoning. The application related to the development of two residential units.
Application Ref: SD23A/0222
Proposal: (i) The construction of two number four bedroomed detached houses with dormer structures and all associated works. The houses consist of living room, utility, kitchen, WC and store at ground floor, three bedrooms, WC and store at first floor bedroom/attic area with ensuite at dormer attic level. (ii) raising existing side boundary wall to 2m high up to main building line on the northeast, construction of new boundary wall between two dwellings and new 3.5m wide front entrances to both dwellings. (iii) private amenity space, boundary treatment, landscaping, SuDS drainage and all ancillary works necessary to facilitate the development. (iv) removal of existing trees at south-east of the site and replanting of same species trees to the north-east (v) extending the public road and footpath to be taken in charge on Elmcastle Court and relocating existing public lighting pole at south-east of site.
- An Enforcement case was opened by SDCC for a wall constructed around the site which was considered not to be exempted developed and considered unauthorised by SDCC enforcement.
- An application was then submitted in 2025 related for the retention of the wall around the area of zoned open space (SD25B/0573W). SD25B/0573W proposal: Retention of north-eastern boundary wall (height 1.3m), including a 1.57m wide pedestrian entrance
- The application for retention of the north-east boundary wall, including a 1.57m wide pedestrian entrance was granted on appeal by An Coimisiún Pleanála giving the following reasons and considerations:
'Having regard to the South County Development Plan 2022-2028, to the design and height of the boundary wall and the entrance for retention bounding an area zoned for open space and to the configuration of the wall and the opening which allows for the area to continue to function as open space, the development proposed to be retained is consistent with the 'OS' zoning objective for the site, protects green infrastructure, is designed to be accessible and safe, contributes appropriately towards residential amenity in the area and is not out of character with the receiving environment and with no significant traffic safety issues or environmental issues noted, it is considered that subject to compliance with the conditions set out below that the development proposed to be retained does not impact negatively on the residential or visual amenities of the area or of properties in the vicinity. The development proposed to be retained would, therefore, be in accordance with the proper planning and sustainable development of the area'
Conclusion
The original plans from 1972 indicated the provision of 1 No. Unit on the lands in question.
Notwithstanding this, no development occurred and this area of land became visual and functional open space since 1998 (as per earliest SDCC CDP Mapping) but is not maintained by SDCC Public Realm.
As outlined above, in recent history, An Coimisiún Pleanála made a decision to grant retention permission for a wall and opening, following a refusal by SDCC. The decision of ACP is to permit the area to be walled off was linked to the 1.57m pedestrian entrance being provided in the wall which continues to facilitate public access to the area of zoned Open Space.
An Coimisiún Pleanála’s decision on the retention for the wall and entrance, and on the previous application for two houses, was primarily based on the current Open Space zoning and the use types that are permitted within it.
However, on balance, and having regard to the planning history of the site, it is considered that the lands could be rezoned from objective 'OS' to zoning objective RES, reflecting the original grant of permission by Dublin County Council and the retention permission for a wall around the lands, notwithstanding the gap provided for public access. The policies and objectives of the County Development Plan will apply to any future proposal.
CE Recommendation
Agree motion and amend the zoning objective from Open Space (OS) to Residential (RES)