Core Refusal Reason
The proposed development materially contravenes Condition No 2(b) of a previous An Bord Pleanála grant (PL 08.094974), which requires a 45m wide strip of land north of the N72 to be kept free of housing development.
Decision Maker's Conclusion
- The proposal directly contravenes Condition 2(b) of ABP Ref PL 08.094974, which mandates a 45m housing-free buffer zone along the N72 public road frontage.
- The development would depreciate the value of property in the vicinity and is contrary to the proper planning and sustainable development of the area.
- The application failed to provide adequate detail regarding access arrangements and potential conflicts between pedestrians and vehicles on the existing cul-de-sac.
Cited Policies (CDP)
Decision Document Summary
Donal Courtney sought permission to construct four semi-detached dwellings on a 0.120ha site within the Lackabane Village estate in Fossa, Killarney. The site consists of a large side garden at No. 1 Lackabane, situated between the existing dwelling and the N72 National Secondary Road. Kerry County Council refused the application because it materially contravenes a specific condition of the original estate permission (ABP Ref PL 08.094974), which required a 45-meter buffer zone north of the publ...SOURCE PDFOpen Original
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