Core Refusal Reason
The structure's excessive scale (71sqm) and internal configuration suggest it functions as an unauthorized independent residential unit, significantly exceeding the 20sqm limit for ancillary home offices set out in the County Development Plan.
Decision Maker's Conclusion
- The internal layout, including fitted cabinets, furniture, and a WC, indicates the building is intended for residential habitation rather than the stated ancillary use as a home office/gym.
- The floor area of 71sqm is more than three times the maximum 20sqm limit permitted for detached habitable rooms under Section 3.11 of the Development Management Standards.
- The applicant failed to demonstrate that the existing septic tank system has the capacity to serve the additional structure or provide a valid planning justification for the inclusion of a WC.
Cited Policies (CDP)
Policy 15-2Policy 15-6Section 4.14Section 3.11
Decision Document Summary
The applicant sought retention permission for a domestic building containing a home gym, office, and store, along with a separate garage at Fennor, Gortnahoe, Co. Tipperary. Although the garage was acceptable in principle, the Planning Authority determined that the 71sqm office/gym building functioned as an unauthorized dwelling. The refusal was based on the structure's excessive size relative to development standards, its residential character, and the lack of technical details regarding wastew...SOURCE PDFOpen Original
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