Core Refusal Reason
Failure to demonstrate compliance with the original occupancy condition (Condition 2 of 19/310) and lack of evidence regarding actual residency and technical site compliance.
Decision Maker's Conclusion
- The applicant failed to provide evidence of the required legal undertaking/burden registered against the property title as mandated by the original planning permission.
- No documentary proof of actual residency, such as utility bills or bank statements, was submitted to verify that the applicant has occupied the house as their permanent residence.
- Technical compliance certificates for the effluent disposal system and finished floor levels remain outstanding, meaning the development is not in full compliance with its parent permission.
Cited Policies (CDP)
Settlement strategy Level 10 – Rural AreaChapter 6 HousingCPO6.42Appendix 1 - Development and Design StandardsAppendix 2 - Single Rural Houses Design Guidelines
Decision Document Summary
The applicant sought to remove a restrictive occupancy condition (Condition 2 of 19/310) for a dwelling at Ballysallagh East, Brittas Bay, citing health issues and the need to relocate closer to support networks. The Planning Authority determined that the proposal could not be granted as the applicant failed to prove they had ever complied with the original residency requirements or registered the necessary Section 47 legal burden. Additionally, the absence of technical certifications for wastew...SOURCE PDFOpen Original
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