2560318

Retention Permission to retain (1) demolition of existing dwelling and associate site works, and (2) Retention permission to retain construction of dwelling as built up to and including ground floor and all associated site works, and (3) and Planning Permission to complete dwelling as Pl Reg 24/95 and all associated works at Garryantanvally Listowel Co.Kerry V31XT38

Refused

Core Refusal Reason

Failure to demonstrate a genuine rural housing need in an area under significant urban influence, unauthorized demolition of a vernacular cottage, and non-compliance with building line setback requirements.

Decision Maker's Conclusion

  • The applicant failed to demonstrate a genuine rural housing need in accordance with Objective KCDP 5-14, as they already own a dwelling and are not involved in the active management of a farm.
  • The proposed development contravenes Policy 1.20.1 by providing a building line setback of only 10 metres from the public road, whereas a minimum of 20 metres is required.
  • The demolition of the original traditional cottage contravenes Section 5.8 of the Development Plan, which seeks to protect vernacular rural dwellings and maintain a presumption against their demolition.

Cited Policies (CDP)

Objective KCDP 5-14Section 5.5.1.1Section 11.6Objective KCDP 11-77Policy 1.20.1Section 5.8

Decision Document Summary

Maurice Lyons sought retention permission for the demolition of a 51sqm dwelling and existing foundation bases, as well as permission to construct a new 113.96sqm dwelling at Garrantanvally, Listowel. The site is located in a 'Rural Area Under Significant Urban Influence'. Kerry County Council refused the application because the applicant did not meet the specific rural settlement criteria, the proposed building line was too close to the public road, and the unauthorized demolition of the origin...
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