Core Refusal Reason
The retaining wall was constructed in breach of previous planning conditions, resulting in inadequate footpaths and sightlines that create a traffic hazard.
Decision Maker's Conclusion
- The development materially contravenes Conditions 2 and 8 of planning permission 18/341, which were intended to ensure proper road and pedestrian infrastructure.
- The positioning of the wall prevents the provision of a satisfactory footpath and necessary emerging sightlines, endangering public safety by reason of a traffic hazard.
- The proposal is in direct conflict with Objective TM 12-13 of the Cork County Development Plan 2022-2028, which prioritizes road safety and the encouragement of walking.
Cited Policies (CDP)
Objective TM 12-13
Decision Document Summary
This application sought permission for the retention of an existing boundary retaining wall fronting the L-4720-65 road at Breeny Beg, Kealkill, Bantry. The Planning Authority refused the proposal because the wall was constructed in breach of specific conditions attached to a previous 'live' permission (18/341). This unauthorized placement obstructed the delivery of required pedestrian footpaths and sightlines, leading to significant road safety concerns. Ultimately, the development was found to...SOURCE PDFOpen Original
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