Core Refusal Reason
The applicant failed to demonstrate a site-specific rural housing need (Economic or Social) for a development partially located on 'Town Environs' zoned land, and the proposed access arrangement was deemed detrimental to the residential amenity of the adjacent property.
Decision Maker's Conclusion
- The applicant failed to demonstrate a qualifying 'Economic' or 'Social' need as required by Policy 5.2 of the Nenagh and Environs LAP and Policy 5-11 of the Tipperary County Development Plan, resulting in a material contravention of local planning policy.
- The siting of the wastewater treatment system on 'Town Environs' zoned land is considered ancillary residential development which is 'not normally permitted' under the current zoning matrix, and the proposal would exacerbate existing ribbon development.
- The proposed shared access arrangement would result in a loss of privacy and cause undue disturbance to the occupiers of the existing dwelling to the north, setting an undesirable precedent for similar developments.
Cited Policies (CDP)
Policy 5.2 of the Nenagh and Environs Local Area Plan 2024Policy 5-11 of the Tipperary County Development Plan 2022Policy 5-12 of the Tipperary County Development Plan 2022Table 5.3 of the Tipperary County Development Plan 2022
Decision Document Summary
Thomas Harty Junior sought permission to demolish an outbuilding and construct a new single-storey dwelling with a wastewater treatment system at Benedine, Nenagh. The site is split between 'Existing Residential' and 'Town Environs' zoning. The application was refused because the applicant failed to prove a functional social or economic need to reside in this specific area as required by the Tipperary County Development Plan and the Nenagh LAP. Additionally, the Planning Authority found that the...SOURCE PDFOpen Original
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