25143

for A) retention of the demolition of a longstanding building in a ruinous condition; (B) the retention of a detached dwelling with two levels of accommodation which is in a near-completed condition but which has not yet been finished and (C) the removal of an existing septic tank; (D) the installation of a wastewater treatment system and soil polishing filter (E) the completion of this new swelling, (F) the upgrading of an existing access for use in connection with this house, (G) the provision of hardstanding for a vehicular driveway and parking area, (H) landscaping and site works

Refused

Core Refusal Reason

Failure to demonstrate a genuine local housing need and non-compliance with policies regarding the replacement of ruinous dwellings following unauthorized demolition and construction.

Decision Maker's Conclusion

  • The applicant failed to demonstrate a genuine local housing need as required by Section 3.13.3 of the Kildare County Development Plan 2023-2029 for a one-off house in a rural area.
  • The proposal does not comply with Policy HO P20 because the original ruinous structure was demolished without the necessary habitability assessments or proof of recent occupation being established prior to its removal.
  • Granting retention for unauthorized works and the completion of the dwelling would set an undesirable precedent for unauthorized development and would be contrary to the proper planning and sustainable development of the area.

Cited Policies (CDP)

Section 3.13.3Policy HO P20Table 3.4Objective HO O59HO P12HO P17HO P18HO O51AH P9AH O55AH O57

Decision Document Summary

The applicant sought retention permission for the demolition of a ruinous building and the partial construction of a new detached dwelling, alongside permission to complete the house and install a wastewater treatment system at Broadleas Commons, Ballymore Eustace. The site is located on unzoned lands within a high-sensitivity landscape area. The local authority refused the application primarily because the applicant failed to prove a genuine local housing need and did not meet the criteria for ...
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