Core Refusal Reason
The development constitutes a commercial business premises that materially contravenes a condition of the parent permission (Pl. Ref. 09/903) which restricted the site to domestic-related purposes only.
Decision Maker's Conclusion
- The use of the shed and site for a chimney repair business constitutes a commercial use that is not ancillary to the main dwelling.
- The development materially contravenes Condition No. 8 of the parent permission (Pl. Ref. 09/903), which explicitly prohibited commercial or non-domestic use of the site.
- The applicant failed to provide a valid case or address the necessary criteria for a rural enterprise as required by Table 9.1 of the Kildare County Development Plan 2023-2029.
Cited Policies (CDP)
Chapter 9 - Our Rural EconomySection 9.3 Rural economy and Rural enterpriseTable 9.1Chapter 15 - Development Management StandardsSection 15.4.13 Domestic Garage / Store / Home-Work Pod / Garden Room
Decision Document Summary
The application sought retention permission for a 239.4sqm shed, a front boundary wall, and a widened entrance at a residential site in Alasty, Kill, Co. Kildare. While the applicant argued the shed was for storage, the planning authority determined the site is being operated as a commercial 'builders yard' and business premises for a chimney repair service. Permission was refused as this commercial use materially contravenes a specific condition of the original residential planning permission (...SOURCE PDFOpen Original
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