Core Refusal Reason
The proposed retention of a detached 'family flat' contravenes Development Plan policy which requires such units to be physically attached to and integrated with the primary dwelling.
Decision Maker's Conclusion
- The structure is a detached habitable unit separated from the primary residence by an access lane, which prevents the required physical integration with the main house.
- Section 13.15 of the Kilkenny City and County Development Plan 2021-2027 explicitly requires family flats to be extensions or sub-divisions rather than separate detached units.
- The development cannot be reintegrated for single-family use as a single unit, making it contrary to the proper planning and sustainable development of the area.
Cited Policies (CDP)
Section 13.15
Decision Document Summary
Rita Hynes sought retention permission for a garage and two-bedroom 'family flat' at 25 Michael Street, Kilkenny, situated within an Architectural Conservation Area. The site is characterized by a mid-terrace dwelling and is bisected by an access lane, with the subject development located to the rear of this lane. The application was refused because the detached nature of the habitable accommodation violates Section 13.15 of the Kilkenny City and County Development Plan 2021-2027, which mandates...SOURCE PDFOpen Original
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