2560337

for minor amendments to the permitted Large Scale Residential Development KCC Reg. Ref. 23/656 and ABP-318365-23 (currently under construction) for reconstruction of the northern boundary wall between the subject site and Tonlegee Lawns, resulting in the omission of the pedestrian/cycle links as required by condition 3 of the ABP-318365-23 grant of permission. All associated works and landscaping treatments. The remainder of the development will remain as permitted under KCC Reg. Reg. 23/656 and ABP-318365-23

Refused

Core Refusal Reason

The omission of permitted pedestrian and cycle permeability links would contravene a previous planning condition, set an undesirable precedent, and fail to provide sustainable transport connectivity between communities.

Decision Maker's Conclusion

  • The proposal to omit the links would directly contravene Condition 3 of the original grant of permission (ABP-318365-23), which was specifically intended to facilitate sustainable modes of transport.
  • The removal of these connections would militate against national, regional, and local planning policies (including NPO 27 and TM O20/O21) that mandate high levels of permeability and the integration of new developments with existing communities.
  • Granting permission would set an undesirable precedent for similar large-scale developments to avoid providing essential active travel infrastructure, thereby running counter to the proper planning and sustainable development of the area.

Cited Policies (CDP)

Chapter 5TM O20TM O21

Decision Document Summary

Cairn Homes Properties Limited sought permission for minor amendments to a permitted Large Scale Residential Development at Blackparks, Athy, specifically to reconstruct a boundary wall and omit pedestrian/cycle links to the adjacent Tonlegee Lawns estate. While the applicant argued the development was already well-integrated, the Planning Authority refused the application because the omission would contravene a previous An Bord Pleanála condition and fail to meet permeability standards set out ...
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