Core Refusal Reason
The proposed development fails to comply with the agricultural zoning objective of the Cahir Local Area Plan 2021, as the applicants are not direct descendants of a long-term landowner and have not demonstrated a sufficient exceptional need to justify a new dwelling on these lands.
Decision Maker's Conclusion
- The application site is zoned for agricultural use where residential development is restricted to exceptional cases involving direct descendants of long-term landowners, a requirement the applicants do not fulfill.
- The Planning Authority is not satisfied that the applicants' medical circumstances (dementia diagnosis) constitute an exceptional need that warrants a new dwelling, particularly as they already own an adjoining property that could potentially be adapted.
- The proposal is contrary to the specific zoning objectives and land use matrix of the Cahir Local Area Plan 2021 and would therefore be contrary to the proper planning and sustainable development of the area.
Cited Policies (CDP)
Cahir Local Area Plan (LAP) 2021-2027LAP Footnote 13LAP Table 6: Land Use Zoning ObjectivesLAP Table 7: Land Use Zoning MatrixLAP Policy SC2LAP Policy SD2Tipperary County Development Plan 2022 Policy 5-2Tipperary County Development Plan 2022 Policy 5-14Tipperary County Development Plan 2022 Table 5.3
Decision Document Summary
Brendan & Terry Looby applied for permission to construct a single-storey dwelling, garage, and effluent treatment system at Garden Grove, Cahir, Co. Tipperary. Although the site is within the town's development boundary, it is zoned for 'Agriculture' in the Cahir Local Area Plan 2021, which limits new housing to direct descendants of long-term landowners. The application was refused because the applicants do not meet this local residency/descendant criteria. Additionally, the Planning Authority...SOURCE PDFOpen Original
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