Core Refusal Reason
The development was refused due to significant negative impacts on neighboring residential amenities (noise, odour, and disturbance) and the potential risk of water pollution arising from inadequate effluent management.
Decision Maker's Conclusion
- The proximity of the proposed agricultural shed to an adjoining dwelling would seriously injure residential amenities and depreciate property value due to noise, odours, and general disturbance.
- The planning authority is not satisfied that the proposed development would not result in water pollution, citing uncertainties in the management of organic fertilisers and soiled water across the entire enterprise.
- The submitted noise impact assessment was considered inadequate as it lacked on-site monitoring and failed to clearly demonstrate that the development would not negatively impact the nearby dwelling.
Cited Policies (CDP)
Decision Document Summary
The applicant, Mark Hallissey, proposed the demolition of existing sheds and the construction of a new agricultural shed with a slatted tank, plus the retention of an existing tank for soiled water at Ards, Fossa, Killarney. Kerry County Council refused the application based on two main grounds: the detrimental impact on the residential amenities of a neighboring property due to its close proximity, and the failure to demonstrate that the project would not lead to water pollution. The decision a...SOURCE PDFOpen Original
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