23816

Construction of a new single storey pitched roof rear garden room structure with hobby room, home office & garden store, inc. minor associated works & amendments as necessary to site boundaries, landscaping etc.

Granted

Core Planning Reasoning

The proposed development relates to the extension and alteration of a structure which is considered unauthorised because previous planning conditions (Reg. Ref. 08979) were not complied with, making it inappropriate to grant further permission.

Decision Maker's Conclusion

  • The existing workshop extension (over 600 sq. m) remains unauthorised because conditions from the 2008 retention grant regarding laneway upgrades and parking were never implemented.
  • The application lacks sufficient clarity regarding legal consent for 'Site B' and fails to demonstrate adequate traffic management or parking capacity for the scale of the industrial operation.
  • It is fundamentally inappropriate to grant planning permission for the extension of an unauthorised structure.

Cited Policies (CDP)

Kerry County Development Plan 2022-2028Section 9.7.3 Rural economySection 9.7.7 ManufacturingObjective KCDP 9-80Appendix 6: Development Management Standards & GuidelinesSection 1.20 Transport, Movement & Parking StandardsTable 4 of Volume 6 (Parking Requirements)

Decision Document Summary

The proposal involves the retention of alterations to an engineering workshop and a canopy, alongside permission for a minor extension, fire safety upgrades, and a new car park on adjacent land (Site B) in Ballingowan, Tralee. The site is located in a rural area under 'significant urban influence' and sits adjacent to residential dwellings. Although Kerry County Council initially granted permission, the Inspector recommended refusal upon appeal. The Inspector's primary argument is that the curre...
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