Core Refusal Reason
Failure to demonstrate compliance with or eligibility for the removal of the enurement clause attached to the parent permission (Ref. 02/1530).
Decision Maker's Conclusion
- The applicant failed to provide verifiable documentary evidence to prove they are a qualifying person (family, heir, or agricultural worker) under the terms of the enurement clause in the parent permission.
- The submission did not satisfactorily demonstrate that the property has been occupied as a permanent residence for the required continuous seven-year period.
- Granting permission would result in a material contravention of Condition No. 1 of planning reference 02/1530 and would be contrary to the proper planning and sustainable development of the rural area.
Cited Policies (CDP)
Policy Objective RH 9Policy Objective NBH 1Policy Objective NHB 3Policy Objective WR 1Policy Objective LCM 1Policy Objective WW 6Policy Objective WW 10DM Standard 4DM Standard 11DM Standard 38DM Standard 47DM Standard 50
Decision Document Summary
This application sought the retention of a dwelling house on a revised site layout and the removal of an enurement clause at Carrick West, Cornamona. Although the Planning Authority found the physical structure and site services generally acceptable, the proposal was refused due to legal and policy non-compliance regarding the enurement clause. The applicant, who is different from the original grantee, failed to provide sufficient evidence of their eligibility or proof of the required seven-year...SOURCE PDFOpen Original
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