Core Refusal Reason
The proposal was refused due to its negative impact on residential amenity, the lack of necessary technical assessments (Architectural Impact and Structural) for works to a protected structure, and concerns regarding public safety and disorderly pedestrian connectivity.
Decision Maker's Conclusion
- The proposed pedestrian entrance would seriously injure the residential amenity and privacy of the adjacent housing estate and result in sub-standard, disorderly pedestrian connectivity into a green area with no connecting footpaths.
- In the absence of an Architectural Impact Assessment, it has not been demonstrated that the proposal would not negatively impact the character and setting of the protected boundary wall, thereby contravening Objective KCDP 8-40 of the County Development Plan.
- Due to the lack of a Structural Condition Survey, the Planning Authority is not satisfied that the proposed opening in the 5-metre-high historic wall would not pose a risk to public safety or lead to the endangerment of the structure.
Cited Policies (CDP)
Objective KCDP 8-40Objective KCDP 8-42Zoning R2 (Existing Residential)Volume 6, Section 2 - 1.3.2Volume 3 - Section 5 (Record of Protected Structures)
Decision Document Summary
The applicant sought permission to create a private pedestrian entrance through a 5-metre-high historic stone boundary wall at the rear of The Munster Bar, Ballymullen, Tralee, to provide access to an adjacent 30-dwelling housing estate currently under construction. The wall is a protected structure associated with the former Ballymullen Jail (RPS-KY-0896). Kerry County Council refused the application on the grounds that the access would compromise the privacy and amenity of residents in the new...SOURCE PDFOpen Original
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