2460720

Retention and Permission: The development seeking retention permission comprises of: (i) Retention of dwelling as under construction on footprint of a former dwelling which has been demolished. (ii) Retention of mobile home as temporary living accommodation along with ancillary space for the duration of building works on the dwelling. The development seeking permission comprises of: (i) Completion works to dwelling as under construction along with provision of a new effluent treatment system to replace existing septic tank and associated site works

Refused

Core Refusal Reason

Unjustified demolition of a structurally sound vernacular dwelling and failure to meet the 'habitable house' criteria required for a replacement dwelling under the County Development Plan.

Decision Maker's Conclusion

  • The demolition of the original vernacular dwelling was not justified as it was previously assessed as structurally sound and suitable for repair, contravening policies BHC 42 and HOU 48.
  • The original dwelling was considered derelict and did not meet the statutory definition of a 'habitable house,' thereby failing to qualify as a replacement house opportunity under Policy HOU 51.
  • Granting permission would set an undesirable precedent for the demolition of vernacular heritage and would be contrary to the proper planning and sustainable development of the area.

Cited Policies (CDP)

BHC 42HOU 48HOU 49HOU 50HOU 51Section 3.19Section 13.9.12Section 13.9.13Appendix 16

Decision Document Summary

The applicant sought retention and permission for the completion of a two-storey replacement dwelling and the temporary retention of a mobile home at Barnaveddoge, Dromin, Co. Louth. The development follows the unauthorized demolition of an original vernacular house. Louth County Council refused the application on the grounds that the demolition was unjustified given the building's structural integrity and vernacular merit. Additionally, the Planning Authority determined that the original struct...
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