Core Refusal Reason
The proposed retention of two domestic garages totaling 175sqm is considered substandard residential development as the units are not ancillary to a dwelling, exceed size limits, and negatively impact neighbouring residential amenity.
Decision Maker's Conclusion
- The structures are not ancillary to any residential dwelling house, resulting in substandard development and a material contravention of Condition No. 2 of Pl. Reg 08/2528 which restricted use to ancillary purposes.
- The overall floor area of 175sqm is excessive for domestic purposes, exceeding the 70sqm limit set out in the County Development Plan and constituting overdevelopment of a confined rural site.
- The proximity of the structures to neighbouring properties would negatively impact residential amenities and set an unwanted precedent for similar non-ancillary developments in the rural area.
Cited Policies (CDP)
Objective KCDP 11-77Objective KCDP 11-78Section 11.6.3Section 11.6.3.2Section 11.6.4
Decision Document Summary
The applicant sought retention permission for two existing domestic garages and an access roadway at Knockafreaghaun, Brosna, Co. Kerry. The site is located in a rural area designated as 'Rural General' under the Kerry County Development Plan 2022-2028. The Planning Authority refused the application because the units are not ancillary to a primary dwelling, their scale significantly exceeds the 70sqm CDP limit for domestic stores, and the development would negatively impact the residential ameni...SOURCE PDFOpen Original
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