Core Refusal Reason
Failure to demonstrate sufficient legal interest or title over the application site, specifically regarding disputed boundaries and potential encroachment on adjacent lands.
Decision Maker's Conclusion
- The applicant failed to provide satisfactory evidence of legal estate or interest in the site or the necessary consent from relevant landowners to make the application.
- Submissions and Land Registry searches indicate that the application site boundary likely encroaches upon adjacent private property, specifically Folio KY16141.
- The Planning Authority is precluded from granting permission as the applicant has not established sufficient legal standing to carry out the proposed development on the subject lands.
Cited Policies (CDP)
West Iveragh Local Area Plan 2019-2025
Decision Document Summary
The proposal involved the demolition of a redundant structure and the construction of a two-storey, two-bedroom detached dwelling at Top Street, Cahersiveen, Co. Kerry. Although the site is appropriately zoned for residential development under the West Iveragh Local Area Plan, the application was refused because the applicant could not prove sufficient legal interest in the subject lands. Third-party objections and subsequent investigations revealed that the proposed site layout encroached upon ...SOURCE PDFOpen Original
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