Core Refusal Reason
The proposal constitutes disorderly over-development due to the inappropriate sub-division of the site curtilage, which removes all vehicular access and car parking for the existing dwelling, creating a traffic hazard and injuring residential amenity.
Decision Maker's Conclusion
- The reduction of the site curtilage results in over-development and a substandard, disorderly form of development that fails to comply with standards for corner/side garden sites.
- The removal of all on-site car parking and vehicular access for the existing dwelling would lead to informal parking on the public road, creating a significant traffic hazard and endangering public safety.
- The lack of detailed boundary treatment proposals fails to protect the residential amenity of the host dwelling and neighboring properties, contrary to development plan requirements.
Cited Policies (CDP)
Section 1.5.6.3Section 1.20.7Table 4Section 1.5.4.11
Decision Document Summary
This application seeks retention permission for an existing semi-detached dwelling at 38 Cois Li, Tralee, within revised site boundaries. The proposal involves sub-dividing the original curtilage, effectively removing the area previously used for parking and access to facilitate a separate development. Kerry County Council refused the application as the resulting layout leaves the existing house with no off-street parking, representing disorderly over-development. Additionally, the lack of adequ...SOURCE PDFOpen Original
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