Core Refusal Reason
The development materially contravenes the Core Strategy (Strategic Objectives SO 1 & 9) and Zoning Objective ZO 20 ('City Hinterland') of the Cork City Development Plan 2022-2028 by representing an unauthorized, non-conforming use that promotes urban sprawl and unsustainable vehicle-dependent traffic in a protected rural greenbelt.
Decision Maker's Conclusion
- The current medical and dental use is unauthorized and has no legal standing; longevity of an unauthorized use does not grant entitlement to retention, and the case must be assessed 'de novo' as a new development proposal.
- The development fails to qualify as a 'rural-related' business and is fundamentally at odds with the 'City Hinterland' zoning, which is intended to preserve rural character and prevent the coalescence of built-up areas.
- The proposal undermines the '15-minute city' and 'compact growth' strategies of the Development Plan by generating unsustainable, car-dependent movements in a location poorly served by public transport and pedestrian infrastructure.
Cited Policies (CDP)
Objective ZO 20Section 11.172Section 11.173Section 11.159Section 10.347Section 10.348Strategic Objective SO 1Strategic Objective SO 9Objective 10.97Section 12.8Section 12.9Objective 2.35Objective 2.36
Decision Document Summary
This report pertains to a first-party appeal against the refusal of retention permission for a change of use from a dwelling to a dental/medical practice and a garage to an office at Farmers Cross, Co. Cork. The site is located in the 'City Hinterland' (ZO 20) zone, designed to act as a greenbelt for Cork City. While the appellant argued that the practice has operated successfully for over 42 years without complaint and serves a local rural need, the Inspector found that the use was never legall...SOURCE PDFOpen Original
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