2560134

The development consists of (a) retention planning permission to retain elevational changes made to the building and retain an extension at first floor level to create an enclosed fire escape route, and (b) retention planning permission to retain a single storey storage building at the rear of the property.

Refused

Core Refusal Reason

The proposed development failed to demonstrate that it would not result in adverse noise impacts on nearby residential properties, thereby contravening Objective KCDP 11-36 of the Kerry County Development Plan 2022-2028.

Decision Maker's Conclusion

  • The applicant failed to provide a technically adequate noise impact assessment, as the submitted sound report lacked details on personnel qualifications, equipment calibration, and comprehensive measurement criteria for tonality and low-frequency sound.
  • The proposed development would contravene Objective KCDP 11-36 of the Kerry County Development Plan 2022-2028, which requires that any application with the potential to create noise nuisance be appropriately assessed and mitigated.
  • The retention of the development would seriously injure the residential amenities of properties in the vicinity and would be contrary to the proper planning and sustainable development of the area.

Cited Policies (CDP)

KCDP 11-36

Decision Document Summary

This application sought retention planning permission for elevational changes, a first-floor extension for a fire escape, and a rear storage building at 'The Brewhouse' on The Square in Kenmare. Located within a town centre zone and an Architectural Conservation Area, the site is also subject to an active enforcement case. The local authority refused permission because the applicant failed to prove that the development would not cause a noise nuisance; the submitted noise assessment was deemed t...
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Planning application 2560134, Kerry County Council | Precedent.ie