2560733

for: office unit with access ramp (17.3sqm), vehicular entrance from public road (L2632-37) with associated entrance gate and piers, front boundary timber post and wire fencing; connection to existing wastewater treatment system, drainage; and all associated and ancillary works

Refused

Core Refusal Reason

The application fails to accurately describe the development as a material change of use from agricultural to commercial, and lacks sufficient evidence regarding traffic safety, noise mitigation, and wastewater treatment suitability.

Decision Maker's Conclusion

  • The planning notice is fundamentally flawed as it fails to describe the material change of use from agricultural repair to a commercial storage depot, which is deemed materially significant in nature.
  • The applicant failed to demonstrate that safe sight visibility splays can be achieved at the entrance, with concerns that the newly erected boundary fence encroaches on required sightlines.
  • Insufficient information was provided to assess the impact of the development on residential amenity regarding noise levels, nor was the adequacy of the wastewater treatment system for commercial use proven.

Cited Policies (CDP)

Section 5.5.3 (Enterprise and Employment in Rural Areas)Section 7.1 (Rural Development)

Decision Document Summary

The proposal seeks retention permission for an office unit and site works at a location in Dunbell Big, Co. Kilkenny, currently used as a storage depot for a building energy retrofitting business. The site was previously permitted only for agricultural machinery repair. The Planning Authority identified that the current commercial use constitutes a material change of use not disclosed in the planning notices. The application was further hindered by unresolved issues concerning traffic safety (si...
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