2460363

permission for the indefinite retention of a single-storey, one- bedroom, detached family flat and Planning Permission for partial demolition of the existing porch and utility room of the family flat, plus other alterations to the existing structure, at the rear. No. 43 Michael Street, Kilkenny is located within the Michael Street / Wolfe Tone Street Architectural Conservation area.

Refused

Core Refusal Reason

The development fails to comply with the County Development Plan policy for family flats due to its detached nature, excessive scale, and its role in facilitating commercial use of the primary residence, while also negatively impacting the residential amenity of the site and adjoining properties.

Decision Maker's Conclusion

  • The proposal contravenes Section 13.15 of the Development Plan as it is a detached unit used to facilitate commercial B&B operations in the main house rather than being an integrated family extension.
  • The structure is considered excessive in size and scale relative to the main dwelling, leading to a significant reduction in available amenity space and setting a negative planning precedent.
  • The development's location on the property boundary causes undue overbearance and injury to the privacy and residential amenity of neighboring properties, failing to meet the area's zoning objectives.

Cited Policies (CDP)

Section 13.15 of the Kilkenny City and County Development Plan 2021-2027

Decision Document Summary

The applicant sought the indefinite retention of a detached one-bedroom family flat and permission for partial demolition and alterations at No. 43 Michael Street, Kilkenny, situated within an Architectural Conservation Area. Kilkenny County Council refused the application primarily because the detached structure does not align with the specific policy requirements for family flats under the 2021-2027 Development Plan. The Planning Authority concluded that the development's scale is excessive, i...
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