Core Refusal Reason
Failure to demonstrate compliance with the mandatory seven-year occupancy requirement (Condition 2 of PRR 19/310) and the associated Section 47 agreement, which is essential to the Council's rural settlement strategy.
Decision Maker's Conclusion
- The applicant failed to provide sufficient evidence of occupying the dwelling as their principal private residence for the mandatory seven-year period required by Condition 2 of PRR 19/310.
- Removing the Section 47 occupancy restriction would undermine the Council's settlement strategy, which aims to restrict rural housing to those with a bona fide necessity, thereby preventing the proliferation of non-essential housing.
- The current application, citing a lack of local support, contradicts the original planning grant which was based on the applicant's strong family ties to the immediate rural area.
Cited Policies (CDP)
Level 10 – Rural AreaCorridor Area (Eastern Corridor)The N11Chapter 6 HousingCPO6.42Appendix 1Appendix 2
Decision Document Summary
This application sought the removal of Condition 2 (a Section 47 occupancy restriction) from a previous grant (PRR 19/310) for a dwelling at Ballysallagh East, Brittas Bay, Co. Wicklow. The applicant requested the change to allow the sale of the property due to health issues and a lack of local support. However, Wicklow County Council refused the application because the applicant had not fulfilled the seven-year residency requirement. The planning authority determined that lifting the restrictio...SOURCE PDFOpen Original
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