Core Refusal Reason
Lack of sufficient legal interest or landowner consent for works on land owned by Kerry County Council and the consolidation of unauthorised development.
Decision Maker's Conclusion
- The applicant failed to demonstrate sufficient legal interest or obtain the necessary written consent from Kerry County Council for the portion of the application site located on Council-owned land (Folio KY21885F).
- The proposal seeks to retain unauthorised works, specifically the widening of a vehicular entrance, which is currently the subject of an active Planning Enforcement file (reference 9909).
- Granting permission would facilitate and consolidate unauthorised development on public land, which is considered contrary to the proper planning and sustainable development of the area.
Cited Policies (CDP)
KCDP 5-19KCDP 5-21KCDP 5-22Objective KCDP 11-77Objective KCDP 11-78Section 11.6Section 11.6.3Section 11.6.3.2
Decision Document Summary
The applicant, Patrick O'Mahony, sought retention permission for a widened vehicular entrance, boundary walls, an access road, and a hardstand area at Bawnmore, Ardfert, Co. Kerry. The site is situated in a rural area designated as 'Rural General' under the Kerry County Development Plan 2022-2028. The application was refused because the red-line boundary includes land owned by Kerry County Council for which the applicant has no legal interest or consent. Additionally, the Planning Authority note...SOURCE PDFOpen Original
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