Core Refusal Reason
Failure to demonstrate rural housing need or replacement dwelling status, combined with an unsuitable generic design for a sensitive upland landscape and technical non-compliance regarding wastewater disposal on a steep slope.
Decision Maker's Conclusion
- The applicant failed to provide evidence that the existing structure was last used as a habitable dwelling, thus failing to qualify for a replacement dwelling and necessitating proof of rural housing need under the Development Plan.
- The proposed generic design is not site-specific and fails to respect the character of the upland scenic landscape of the south-western hills, contrary to the Kilkenny Rural Design Guide.
- The site's topography, specifically a slope steeper than the 1:8 limit set by the EPA Code of Practice 2021, raises significant concerns regarding the safe and compliant disposal of wastewater.
Cited Policies (CDP)
Section 7.8.3Section 7.8.4Section 7.8.5Section 9.3.6Kilkenny City and County Development Plan 2021-2027
Decision Document Summary
The proposal involves the construction of a 3-bed dwelling house and wastewater treatment system at Raheen, Piltown, Co. Kilkenny, situated within the sensitive upland landscape of the south-western hills. The application was assessed against the Kilkenny County Development Plan 2021-2027, where the planning authority determined that the applicant failed to prove the 'replacement dwelling' status of the existing ruins or demonstrate a specific rural housing need. Furthermore, the submitted desig...SOURCE PDFOpen Original
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