Core Refusal Reason
The structure is considered an unauthorized dwelling (formerly an outhouse), and the proposed development would facilitate this unauthorized use while creating a traffic hazard due to inadequate sightlines at an intensified entrance.
Decision Maker's Conclusion
- The Planning Authority determined the structure is an unauthorized conversion of an outhouse rather than a 'pre-existing dwelling', and granting permission for extensions would facilitate and set an undesirable precedent for unauthorized development.
- The applicants failed to demonstrate compliance with rural housing need requirements (Policy 5-11) for an 'Area Under Urban Influence' and 'Primary Amenity Area', particularly as they already own other residential property in the vicinity.
- The intensified use of the shared vehicular entrance, which now serves three dwellings and agricultural activity, lacks the required 120m sightlines, thereby creating a significant traffic hazard and endangering public safety.
Cited Policies (CDP)
Policy 15-2Policy 15-4Policy 15-6Policy 15-7Section 4.3.2Section 4.12Policy 5-11Policy 5-12Section 6.1
Decision Document Summary
This application sought retention for a rear extension, boundary wall, and wastewater treatment system for a structure at Crough Lower, Ardfinnan, Co. Tipperary, described by the applicant as a pre-existing dwelling. The Planning Authority refused permission because evidence from previous planning files indicated the structure was historically an outhouse, making its current residential use unauthorized and contrary to rural housing policy. Furthermore, the development was deemed a traffic hazar...SOURCE PDFOpen Original
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