Core Refusal Reason
The applicant failed to provide evidence of the required seven-year residency, and the dwelling remains in a partially constructed, non-habitable state, making the removal of the occupancy condition contrary to rural housing policy.
Decision Maker's Conclusion
- The applicant failed to provide documentary evidence to support the claim of residency within the subject dwelling for a period in excess of seven years as required by the County Development Plan.
- Site inspection revealed that the existing dwelling is in a partially constructed, non-habitable state and has seemingly never been occupied, which contradicts the requirements for the removal of the occupancy condition.
- The removal of the planning condition would be contrary to Objective CPO 6.42 of the Wicklow County Development Plan 2022-2028 and would set a negative precedent for the proper planning and sustainable development of the rural area.
Cited Policies (CDP)
CPO 6.40CPO 6.41CPO 6.42Appendix 7
Decision Document Summary
The proposal sought the removal of a restrictive occupancy condition (Condition 2(a) of PRR 07/433) for a dwelling at Pound Lane, Tinahely, Co. Wicklow, to allow the property to be used by all classes of persons. The site is located in a rural area designated as an Area of High Amenity. The application was refused because the applicant provided no documentary evidence of the required seven-year residency. Additionally, the Planning Authority noted that the dwelling is currently in a partially co...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.