2560101

Niall Kerins intends to apply for Retention Permission to retain the existing self catering farmhouse/farmstay accommodation on their agricultural landholdings, and Planning Permission for the decommissioning of the existing septic tank and the installation of a new septic tank and percolation area inclusive of all ancillary drainage, site works and landscaping, all at Kilfallinga, Currans, Co. Kerry.

Refused

Core Refusal Reason

Insufficient technical information and site assessment details regarding the adequacy of the proposed on-site wastewater treatment system, posing a risk to public health.

Decision Maker's Conclusion

  • The applicant failed to provide adequate site assessment details to demonstrate that effluent arising from the development could be safely disposed of on-site.
  • The lack of technical certainty regarding the wastewater treatment system renders the development prejudicial to public health.
  • As the statutory nine-month period for the application process had expired, the Planning Authority was unable to request further clarification and was obliged to refuse the application based on the insufficient information submitted.

Cited Policies (CDP)

KCDP 11-77KCDP 11-7811.6.311.6.3.211.6.4KCDP 9-4310.3.5.2KCDP 10-30

Decision Document Summary

The applicant sought retention permission for a self-catering farmhouse/farmstay unit and planning permission for a new septic tank system at Kilfallinga, Currans, Co. Kerry. While the principle of the development was considered acceptable under farm diversification policies in the Kerry County Development Plan 2022-2028, the Site Assessment Unit required further technical certification of the wastewater system. Due to the expiration of statutory timelines for requesting further information, the...
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