Core Refusal Reason
The proposal fails to meet the criteria for the renovation of a derelict dwelling as the structure is a ruin without intact walls or roof, and the applicants failed to demonstrate a specific rural housing need for a new dwelling on a greenfield site in an area under urban influence.
Decision Maker's Conclusion
- The proposed development materially contravenes Section 5.8 of the Kerry County Development Plan 2022-2028 because the existing structure is a ruin with non-intact walls and roof, thus failing to qualify as an identifiable dwelling for restoration or replacement.
- As the structure does not meet restoration criteria, the application must be assessed as a new dwelling on a greenfield site, for which the applicants have failed to demonstrate a genuine rural-generated housing need.
- The proposal is considered contrary to Objective KCDP 5-15, which requires applicants in Rural Areas Under Urban Influence to satisfy the Planning Authority regarding an exceptional housing need based on social or economic links to the local area.
Cited Policies (CDP)
Section 5.8Objective KCDP 5-15Objective KCDP 11-77Objective KCDP 11-78Objective KCDP 5-17Objective KCDP 5-18Objective KCDP 5-19Objective KCDP 5-20Objective KCDP 5-21Objective KCDP 5-22
Decision Document Summary
The applicants sought permission to demolish a derelict structure and construct a new dwelling house with a wastewater treatment system at Ardcanaght, Castlemaine, Co. Kerry. The site is located in a rural area designated as being under significant urban influence and is also within a visually sensitive landscape. The Planning Authority refused permission primarily because the existing building is a ruin lacking intact walls and a roof, meaning the proposal cannot be considered under the council...SOURCE PDFOpen Original
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