Core Refusal Reason
The proposal for six apartments in an unserviced rural area contravenes the County Development Plan's settlement policy, which restricts apartment developments to serviced urban lands, and fails to demonstrate a rural housing need for the units.
Decision Maker's Conclusion
- The development of apartments is restricted to serviced lands within towns and villages, whereas the subject site is located in an unserviced rural area outside the development boundary of Cahersiveen.
- The applicant failed to demonstrate a genuine rural housing need for the six dwelling units in an area designated as a 'Rural Area Under Urban Influence', as required by Objective KCDP 5-15.
- The Planning Authority is not satisfied that the existing on-site wastewater treatment system has the capacity to safely cater for the effluent loading generated by the proposed six apartments.
Cited Policies (CDP)
Objective KCDP 5-4Objective KCDP 5-15Objective KCDP 5-17Objective KCDP 5-18Objective KCDP 5-19Objective KCDP 5-20Objective KCDP 5-21Objective KCDP 5-22Rural Settlement Policy of the Kerry County Development Plan 2022-2028Kenmare Municipal District Local Area Plan 2024-2030
Decision Document Summary
Tim O'Sullivan sought retention permission for the change of use of a guesthouse to six apartments at Garranearagh, Cahersiveen, Co. Kerry. The site is located in a rural area approximately 1km outside the town's development boundary. Kerry County Council refused the application because apartment developments are only permitted on serviced urban lands, the proposal contravenes rural settlement policies regarding housing need in areas under urban influence, and there was insufficient evidence tha...SOURCE PDFOpen Original
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