Core Refusal Reason
The application inappropriately seeks to transfer a personal planning permission via a condition amendment, which would leave original obligations with the previous applicant and create a design conflict regarding the siting of a permitted garage.
Decision Maker's Conclusion
- Amending the occupancy condition to transfer permission is procedurally unacceptable as it leaves the original applicant liable for technical and financial obligations under conditions 8, 20, and 26, setting an undesirable precedent.
- The applicant should have applied for a full permission in his own right to ensure all planning merits and compliance matters are properly addressed under his name.
- The revised site layout fails to account for the previously permitted garage, which would result in the garage being located forward of the new building line, contravening proper planning and design standards.
Cited Policies (CDP)
Section 9.3Section 3.13Section 3.13.3Table 3.4HO P12Appendix 4Chapter 15Policy RH 5
Decision Document Summary
Cathal Kavanagh sought permission for a change of house design and to amend the occupancy condition of a previous grant (Ref. 22/683) to transfer the permission into his name at Green Avenue, Newland West, Naas. While the applicant demonstrated a local need connection, Kildare County Council refused the application because a personal permission cannot be effectively transferred via a condition amendment, as it leaves the original applicant responsible for various site obligations. Furthermore, t...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.