Core Refusal Reason
The development materially contravenes a previous sterilization condition, conflicts with 'Passive Open Space' zoning, fails to meet family flat integration criteria, and poses risks to traffic safety and public health.
Decision Maker's Conclusion
- The chalet is located on lands subject to a sterilization agreement from a previous permission (20/334) and is situated within a 'Passive Open Space' zone where habitable structures are not permissible.
- The development fails to comply with family flat policy as it is a detached unit located 40m from the main dwelling, precluding future integration into the primary residence.
- The applicant failed to demonstrate that the site entrance provides adequate sightlines or that the existing wastewater and surface water drainage systems are sufficient to protect public health and traffic safety.
Cited Policies (CDP)
Section 5.8.4Section 13.15Variation No.6Chapter 13
Decision Document Summary
Patrick Stokes sought retention permission for a single-storey chalet and associated works at Ballyrobin, Ferrybank, Co. Kilkenny. The site, located north of Waterford City, is partially zoned for agriculture and passive open space. The application was refused because the chalet sits on land previously designated for sterilization, violates zoning objectives, and fails to meet the integration requirements for a family flat. Additionally, technical concerns regarding substandard sightlines, inade...SOURCE PDFOpen Original
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