Core Refusal Reason
The development was refused due to prematurity regarding the proposed access via a non-public farm track currently under a CPO process for a national road improvement scheme, and the failure to demonstrate safe wastewater disposal.
Decision Maker's Conclusion
- The proposed development is premature pending the finalization of land acquisition agreements and the determination of the road layout for the N77 Ballyragget Village to Ballynaslee Road Improvement Scheme.
- The applicant failed to demonstrate that the site is capable of treating and discharging effluent safely without posing a risk to public health or the environment.
- The proposed access via a farm track, which is not a public road and is subject to an ongoing CPO, would be contrary to the proper planning and sustainable development of the area.
Cited Policies (CDP)
Kilkenny City and County Development Plan 2021 – 2027Rural Housing PolicySection 12.11.3 Access to National RoadsSpatial Planning and National Road Guidelines (2012)
Decision Document Summary
Mark Keenan and Bronagh Dunne applied for permission to construct a two-storey dwelling, garage, and septic tank at Ballyconra, Co. Kilkenny, within an 'Area under Urban Influence'. The site is accessed via a farm track created as part of the N77 Ballyragget to Ballynaslee Road Improvement Scheme. Kilkenny County Council refused the application primarily because the development is premature until the CPO process and road layout for the N77 scheme are finalized. Furthermore, the applicant failed ...SOURCE PDFOpen Original
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