26/0226

1. Permission for the construction of a new boundary wall within the rear yard of 55 Patrick Street. 2. Permission for retention of the single storey services / storage area at 55 Patrick Street for commercial purposes and change of use of part of the rear yard for commercial purposes to serve Casey' s Bar at 31 Pearse Street. 3. Permission for retention of the partial removal of the boundary wall separating 31 Pearse Street and 55 Patrick Street, and construction of steps to facilitate pedestrian access to the bar. The development consists of the carrying out of works to protected structure (reference RPS No. 01607)

Refused

Core Refusal Reason

The proposal represents an incompatible commercial intensification in a residential zone that materially contravenes previous planning conditions, damages a Protected Structure, and negatively impacts residential amenity.

Decision Maker's Conclusion

  • The development materially contravenes a previous planning condition (Reg. No. 24/444) by converting a residential storage area to commercial use, leading to an intensification that injures the amenities of the area.
  • The works have caused damage to a Protected Structure and conflict with heritage objectives (HE 16-14) by removing boundary walls within an Architectural Conservation Area and facilitating an undesirable precedent for disorderly development.
  • The proposed commercial use of the rear yard fails to comply with zoning objective ZU 18-9, as it creates noise disturbance and leaves the residential dwelling with substandard private amenity space.

Cited Policies (CDP)

HE 16-14ZU 18-9

Decision Document Summary

This application sought permission for a new boundary wall and the retention of a single-storey storage area for commercial purposes at 55 Patrick Street and 31 Pearse Street, Clonakilty. The site is situated within an Architectural Conservation Area and involves a Protected Structure. The Planning Authority refused the application on the grounds that it materially contravenes a prior planning condition restricting the site to residential use, causes physical and character damage to the architec...
SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.