Core Refusal Reason
The applicants failed to demonstrate a genuine rural housing need in a 'Rural Area Under Urban Influence' as required by Objective KCDP 5-15, particularly as they already own a residence in the nearby village.
Decision Maker's Conclusion
- The applicants did not satisfy the criteria for a rural housing need under Objective KCDP 5-15 of the Kerry County Development Plan 2022-2028 for a site designated as a Rural Area Under Urban Influence.
- The proposal is contrary to rural settlement policy which stipulates that permission may only be considered where the application is for the applicant's first dwelling; the applicants currently own a residential property in Ballylongford village.
- The justification provided for the new build—vacating their current residence for contractual leasing reasons to a third party—is not a valid consideration for granting permission in a restricted rural area.
Cited Policies (CDP)
Objective KCDP 5-14Objective KCDP 5-15Objective KCDP 5-17Objective KCDP 5-18Objective KCDP 5-19Objective KCDP 5-20Objective KCDP 5-21Objective KCDP 5-22Objective KCDP 11-77Objective KCDP 11-78Section 5.5.2Section 11.6
Decision Document Summary
The applicants sought permission to erect a 211.59 sqm single-storey dwelling on a 0.38HA infill site at Lislaughtin, located approximately 0.48km north of Ballylongford village. The site is situated in a 'Rural Area Under Urban Influence' where housing is restricted to those with a demonstrated functional need. While the applicants have strong local ties, the application was refused because they already own a home in the village. The Planning Authority determined that the desire to vacate an ex...SOURCE PDFOpen Original
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