Core Refusal Reason
The proposed dwelling contravenes the 'Demesne Landscape' zoning objective of the Carlow-Graiguecullen JULAP 2024-2030 and violates an existing Section 47 Sterilisation Agreement (PL98/192).
Decision Maker's Conclusion
- The proposed development is located on lands zoned 'Demesne Landscape' where a private dwelling is not a permitted use or open for consideration, thus contravening the Carlow-Graiguecullen Joint Urban Local Area Plan 2024-2030.
- The application site is subject to an indefinite Section 47 Sterilisation Agreement under planning reference PL98/192, which prohibits any form of development on the site.
- Granting permission would set an undesirable precedent for similar developments in the county and would be contrary to the proper planning and sustainable development of the area.
Cited Policies (CDP)
Carlow County Development Plan 2022-2028 Chapter 3Carlow County Development Plan 2022-2028 Chapter 6Carlow County Development Plan 2022-2028 Chapter 9Carlow County Development Plan 2022-2028 Chapter 10Carlow County Development Plan 2022-2028 Chapter 13Carlow County Development Plan 2022-2028 Chapter 16Carlow-Graiguecullen Joint Urban Local Area Plan (JULAP) 2024-2030 Chapter 3Carlow-Graiguecullen Joint Urban Local Area Plan (JULAP) 2024-2030 Chapter 5Carlow-Graiguecullen Joint Urban Local Area Plan (JULAP) 2024-2030 Chapter 7Carlow-Graiguecullen Joint Urban Local Area Plan (JULAP) 2024-2030 Chapter 9Carlow-Graiguecullen Joint Urban Local Area Plan (JULAP) 2024-2030 Chapter 10Carlow-Graiguecullen Joint Urban Local Area Plan (JULAP) 2024-2030 Chapter 12JULAP Map 12.1
Decision Document Summary
Aleida Becker sought permission for a new single-storey private dwelling (278.6m2) with a garage and site entrance at Browneshill Avenue, Kernanstown, Carlow. The 0.620ha site is situated within a 'Demesne Landscape' zone under the Carlow-Graiguecullen JULAP 2024-2030, an area intended for conservation and research rather than residential development. The application was refused because a dwelling is not a compatible use for this zoning and the site is further restricted by a legally binding Sec...SOURCE PDFOpen Original
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