Core Planning Reasoning
The primary reasons for refusal are the lack of evidence for genuine agricultural use due to the building's atypical design and internal layout, and the detrimental impact on local biodiversity caused by the unauthorized removal of trees and scrub in a sensitive area near the Kenmare River SAC.
Decision Maker's Conclusion
- The Inspector concluded that the atypical design, internal layout (including a staircase and mezzanine), and finishes of the structure do not resemble a standard agricultural building, casting doubt on its intended ultimate use.
- Significant ecological damage was noted as scrub and trees of biodiversity interest were removed without the benefit of a tree survey or ecological impact assessment, contrary to Objectives KCDP 11-22 and 11-27.
- Although the Inspector disagreed with the Planning Authority regarding the building line setback (finding it compliant with the 30m requirement), the issues regarding agricultural character and biodiversity remained sufficient grounds for refusal.
Cited Policies (CDP)
Objective KCDP 9-39Objective KCDP 9-53Objective KCDP 9-55Objective KCDP 9-56Objective KCDP 11-77Objective KCDP 11-78Objective KCDP 11-22Objective KCDP 11-27Section 1.20.1 (Building Line in Rural Areas)
Decision Document Summary
This appeal relates to a First Party request for the retention and completion of a partially constructed agricultural building (162.72 sqm) on a 0.59ha site at Coongar Farm, Kerry. The site is located in a rural, coastal, and visually sensitive area screened by mature trees and adjacent to the Kenmare River SAC. The Planning Authority refused permission for three reasons: a building line violation, potential biodiversity impacts, and concerns that the building was not for agricultural use. The I...SOURCE PDFOpen Original
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