Core Refusal Reason
The proposed development constitutes over-development of a constrained site in immediate proximity to the Milltown River, failing to provide the required 10-metre buffer zone and posing a risk to water quality and riparian habitats.
Decision Maker's Conclusion
- The proposal represents over-building on a small, constrained site that cannot accommodate the 10-metre buffer setback from the Milltown River requested by Inland Fisheries Ireland.
- The Planning Authority is not satisfied that the development would not result in adverse impacts on water quality and the sensitive riparian and fisheries habitat of the adjacent salmonid river.
- The development would conflict with multiple objectives of the Kerry County Development Plan 2022-2028 concerning the protection of the environment, biodiversity, and natural heritage.
Cited Policies (CDP)
Objective KCDP 11-77Objective KCDP 11-78Objective KCDP 11-22Objective KCDP 11-24Objective KCDP 9-79Objective KCDP 13-1Objective KCDP 13-2Objective KCDP 13-8Section 11.6Section 11.2.6S9.6.2.413.2.1.1
Decision Document Summary
The applicant, Jimmy Flannery, proposed a 28sqm storage shed extension to an existing facility at an industrial estate in Ballyheabought, Dingle, Co. Kerry. The site is located on the banks of the Milltown River, a valuable salmonid watercourse. The application was refused primarily because the restricted nature of the site prevents the implementation of a necessary 10-metre environmental buffer. Consequently, the Planning Authority determined the project constitutes over-development that poses ...SOURCE PDFOpen Original
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