Core Refusal Reason
The development constitutes overdevelopment of a confined rural site, materially contravenes development plan standards for ancillary structures and dependent accommodation, and fails to demonstrate adequate wastewater treatment capacity.
Decision Maker's Conclusion
- The proposal represents overdevelopment of a restricted site, resulting in excessive site coverage and substandard residential development that would set an undesirable precedent for the area.
- The retention of the 'granny flat' and sheds materially contravenes the Kerry County Development Plan 2022-2028, specifically regarding the size limits for ancillary structures and the requirement for dependent accommodation to be integrated with the main dwelling.
- The applicant failed to demonstrate that the existing on-site septic tank system could adequately cater for the additional residential units, posing a potential risk to public health.
Cited Policies (CDP)
Objective KCDP 11-77Objective KCDP 11-78Section 11.6.3.2Section 1.5.10.9Section 1.5.6.4
Decision Document Summary
This application sought retention permission for a 58sqm detached granny flat and two detached sheds (totaling 103.25sqm) at a site in Arabella, Ballymacelligott, Tralee. Kerry County Council refused the application because the structures exceed the 70sqm cumulative limit for ancillary buildings and the granny flat fails to meet the integration requirements for dependent relative accommodation. Furthermore, the development was deemed to be an overdevelopment of a confined site that could negativ...SOURCE PDFOpen Original
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